Michigan Auction Sales, LLC (the Auction Company), conducts auctions, liquidations and other capital asset disposition services via online Webcast and via live bidding to You (The Bidder, and our consignor, The Seller), subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms and Condition of this auction at any time via our current online auction website. In addition, when using any of our services, you shall be subject to any posted guidelines, rules, and/or policies and procedures applicable to such services, which may be revised from time to time. All such items are hereby incorporated by reference into the Terms and Conditions of this auction.
All rights, privileges and powers reserved or granted to the Auction Company in these Terms and Conditions of this auction shall be deemed reserved and granted to the Auction Company's employees, representatives, and all Sellers for whom the items are being sold.
This agreement shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. The Bidder, The Seller and The Auction Company all agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the County of Ingham, and in the state of Michigan.
Any failure of The Auction Company to exercise or enforce any right or provision of the Terms & Conditions of this auction shall not constitute a waiver of such right or provision.
If any provision of the Terms & Conditions of this auction is found by a court of competent jurisdiction to be invalid, all parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all of the other provisions of the Terms & Conditions of this auction shall remain in full force and effect. Bidders and Sellers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions of this auction must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In no event shall the Auction Company's liability to The Bidder exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct; indirect, incidental or consequential damages.
This auction is only available to people who are legally able to form binding contracts. Persons who are under the age of 18 are not eligible to bid or otherwise participate in any of our auctions due to state laws concerning the age of majority.
In order to participate and bid in this Auction event, you, The Bidder, must read and accept all of the Terms and Conditions of this auction completely. Once you place a bid, you are electronically signing and consenting that you have read and accepted all of the Terms and Conditions set forth in this agreement completely, and without exception. By placing any bid on any item(s), you are entering into a legally binding and irrevocable contract with the Auction Company to purchase the particular item(s) in accordance with the Terms and Conditions Of Auction.
You are solely responsible for maintaining the confidentiality of your username and password, and you are fully and solely responsible for all activities that occur under your username, password, or on your account. You agree to immediately notify the Auction Company of any unauthorized use of your username and password or account or any other breach of security, and ensure that you properly log-out and exit from your account at the end of each session. The Auction Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
All items are being sold in "as-is", "where-is" condition with all faults and amenities and with no expressed, written or implied warranty. No guarantee is made that any specific item is suitable for any particular use or purpose. The condition and location of each item must be completely satisfactory to the Bidder, whether seen or unseen, before placing a bid. Most items are available for inspection by the Bidder during our normal business hours. While all lots are described as accurately as possible, Bidders are urged to inspect items themselves and to not rely on any description provided by the Seller, nor the Auction Company. The only exception to this is that if you believe an item has been misrepresented or improperly described and that misrepresentation or improper description is material to the value of the item, and the Auction Company agrees with you, you will then be permitted to return that item to the Auction Company for a full refund within 7 calendar days, in the same condition in which the item was sold. No refunds, allowances or exceptions will be made for any item after 7 calendar days. All items should be checked at time of pick-up and any damaged or broken items, must be shown to the Auction Company before the item leaves our premises. All decisions to offer refunds are at the sole discretion of the Auction Company.
All items have a minimum bid of $1.00. Any bid that is placed below $1.00 will be considered a $1.00 bid. If a bid under $1.00 is placed and is not changed to a $1.00 bid during the course of the auction, that bid is still automatically considered a $1.00 bid.
Items won must be picked up from the Auction Company only on the Thursday, Friday and Saturday immediately following the auction end. Thursday and Friday between 11am & 6pm ET and on Saturday betweem 1pm & 4pm.
There is a 10% buyers premium, with a minimum of $5 per invoice, which applies to all Bidders, unless a Bidder can pick-up their items on or before 4pm on the Saturday immediately following the auction end. If a Bidder does pickup their items by this time, the buyers premium will be waived completely. If a Bidder is unable to pickup their items by this time, that Bidder will be assessed a 10% buyers premium, with a minimum of $5 per invoice. This fee will again be assessed each Saturday where those items are still not removed. If a Bidder is having their items shipped to them, they must pay for their items and arrange for shipping prior to 4pm on Saturday.
If an item(s) is not removed within 4 weeks, a final $25 storage/disposal fee will be charged to the Bidder on the 5th week and any and all item(s) will be considered abandoned and will be disposed of as the Auction Company sees fit, although, the Bidder will still be liable to the Auction Company for full payment for the cost of all items won, as well as all past buyers premiums incurred, storage/disposal fees, as well as all cost incurred in collecting these monies due, including all legal fees and any other costs that are incurred by the Auction Company in collecting these monies from the Bidder.
The Bidder, grants the Auction Company a standing authorization to charge the Bidders credit card for any and all costs, fees, buyers premiums, storage disposal fees as well as for any other costs, charges and/or fees incurred.
The Auction Company will gladly ship items that can be sensibly shipped. There is a small packaging/handling fee of $5 per order that will be added to any shipping charges incurred, if shipping is desired. Shipping insurance is required for the total bid amount. All shipping, insurance charges and fees are the sole responsibility of the Bidder.
All applicable purchases will have 6% Michigan State sales tax added, unless a valid sales tax exemption form is on file with our company. No previously paid sales tax will be refunded in any circumstances.
Payments: The Auction Company accepts cash, good Michigan checks, good out of state checks (with a 10 day hold), US Postal money orders, Visa, Mastercard, American Express and Discover. There is a 5% fee charged on all purchases; this fee is waived for Bidders who pay using cash, money order or a good check.
Sellers may not bid on their own items for any reason whatsoever. If a Seller is found to have bid on their item(s), or had someone bid on their item(s) with the purpose of artificially inflating the price of an item(s), (this practice is known as shill bidding), that Seller will no longer be able to sell or buy on this site. We do have software that will determine and report common patterns of shill bidding, and all IP addresses are recorded. Shill bidding is a violation of various state and federal laws.