Live, on-site auction starts at 10AM February 1st on small items followed by large items with both on-site and live internet bidding starting at Noon.
If you have items to sell, we are open for drop off Saturday January 18th from 9AM to Noon, Weekdays from Monday January 20 to Friday January 24th from 2PM to 6PM, and Saturday January 25th from 9AM to Noon.
Onsite bidders: 10% buyer's premium on all purchases (maximum buyer's premium per item is $500)
Online bidders: 12% buyer's premium on all purchases (maximum buyer's premium per item is $500)
6% Michigan sales tax on all purchases (purchase price includes buyer's premium per Michigan law)
Minimum 25% down on auction day. Payment in full within 7 days. We accept cash in US funds, checks up to $5,000 form buyers in Michigan, Indiana, and Ohio (the information on your check must match your driver's license), Visa, Mastercard, Discover (3% credit card surcharge). We do not accept debit cards or American Express.
Inspection: The- day before the auction from 2PM to 6PM. Auction Day starting at 9AM.
All items sold as is, inspect before you bid. All sales are final, no returns or refunds for any reason. Compression checks are allowed. Odometer readings are not guaranteed to be actual miles, we announce what the odometer reads.
If picking up on auction day, please have your paid invoice in hand before entering the lot to load your items. Open for removal auction day until one hour after the conclusion of the auction, the following Monday from 2PM to 6PM, and the following Saturday from 9AM to noon.
AUCTIONEER: For all sales of Auction Items subject to these Terms that are located at physical site(s) owned or operated by Associates, Associates shall be deemed to be the “Auctioneer,” and for all sales of Auction Items subject to these Purchaser Terms that are located at physical site(s) not owned or operated by Associates, Exchange shall be deemed to be the “Auctioneer.” To the extent Associates is deemed to be “Auctioneer,” Seller acknowledges and agrees that Associates is authorized to engage Exchange or other third parties to provide certain services necessary for Associates to perform hereunder including, without limitation, the utilization of online and live auction platforms, invoicing, and billing services.
NO WARRANTY; AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID OR PURCHASED AUCTION ITEMS AT AN AUCTION ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. MANUFACTURER HAS NOT CONDUCTED AN INSPECTION OF THE ITEM, AND THERE IS NO CERTIFICATION OF OPERABILITY. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER (“SELLER”) MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL.
INSPECTIONS: Neither Auctioneer nor Seller is responsible for any inspections of an Auction Item prior to or after purchase of such Auction Item. Conditions provided by Auctioneer are solely for the purpose of reporting on the visible condition of the Auction Item’s major systems and attachments observed on the day of consignment and do not include testing of mechanical condition. Purchaser acknowledges that conditions can change during the time between initial inspections, auction and time of removal. Purchaser is solely responsible for any inspection required with respect to equipment or vehicle Auction Items. Purchaser is solely responsible for ensuring that each Auction Item is given thorough inspections according to the manufacturer’s recommendations by only those persons who are able to detect and assess defects and potential hazards that could limit the safe performance of the Auction Item’s functions.
ATTENDANCE AT AUCTION SITE: Each person attending an Auction acknowledges that an auction site is a potentially dangerous place. Flammable, corrosive and pressurized substances will be present, heavy equipment is being operated and electric circuits may be live. Each person attending an Auction at an auction site before, during or after the Auction shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and each Bidder shall notify such Bidder’s agents and employees of the foregoing. No person or entity shall have any claim against Auctioneer, its agents, employees or principals for any injuries sustained, or for any damages to or loss of property which may occur from any cause whatsoever at an Auction site.
ASSUMPTION OF RISK; WAIVER; INDEMNITY: Risk of loss or damage to each Auction Item shall pass to Purchaser immediately after when a Binding Obligation to purchase such Auction Item is created. Delay in titling any titled Auction Items in Purchaser shall not alter the passage of the risk of loss and damage. Purchaser shall, at its own expense, maintain and carry in full force and effect appropriate insurance coverage on each Auction Item purchased immediately after a Binding Obligation is created, and neither Auctioneer nor the owner of the auction sale site property (“Site Owner”) will be responsible for any losses or damages thereto from and after the time a Binding Obligation is created whether resulting from acts of nature, theft, accident and/or vandalism (other than as a result of the gross negligence or willful misconduct of Auctioneer or Site Owner). Purchaser agrees to look solely to its insurance to cover such losses or damages. Purchaser assumes all liability whatsoever resulting from Purchaser’s presence at the Auction site and Purchaser’s removal, loading, securement, transport, possession, use, maintenance, or disposition of each Auction Item purchased at an Auction from and after the time a Binding Obligation to purchase is created. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and its parent, subsidiaries and Affiliates (as defined below), Site Owner, Seller and each of their respective directors, officers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to Purchaser’s presence at the Auction site or Purchaser’s removal, loading, securement, transport, possession, use, maintenance, or disposition of each Auction Item purchased at an Auction, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer (including Exchange and Associates) and its parents, subsidiaries and Affiliates, Site Owner, Seller and each of their respective directors, officers, employees, agents representatives, insurers, successors, and assigns (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) Purchaser’s breach of these Purchase Terms, (ii) Purchaser’s improper use of Auctioneer’s online marketplace, (iii) the inspection, loading, securement, removal, and transport of the Auction Items by Purchaser or Purchaser’s agent and/or any property damage or bodily injury arising therefrom, (iv) Purchaser’s ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, and/or any property damage or bodily injury arising therefrom, (v) Purchaser’s violation of any applicable law, or (vi) the enforcement of this indemnity by Auctioneer. For purposes of this paragraph, (a) the term “Affiliate” means any person or entity that directly or indirectly controls, is controlled by, or is under common control with, Auctioneer, and (b) the term “control” means (i) the possession, directly or indirectly, of the power to vote fifty percent (50%) or more of the securities of a person or entity having ordinary voting power, (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of a person or entity, by contract or otherwise, or (iii) being a director, manager, officer, executor, trustee, or fiduciary (or their equivalents) of a person or entity or a person or entity that controls such person or entity.
CLASS ACTION/JURY TRIAL WAIVER: PURCHASER UNDERSTANDS AND HEREBY AGREES THAT ALL CLAIMS ARISING FROM OR RELATED TO THESE PURCHASER TERMS, PURCHASER’S PARTICIPATION IN THE AUCTION PROCESS, PURCHASER’S PURCHASE OF AUCTION ITEMS, PURCHASER’S PRESENCE OR ACTIVITIES AT AN AUCTION SITE, OR ANY OTHER KIND OF ENGAGEMENT WITH AUCTIONEER (WHETHER EXCHANGE OR ASSOCIATES OR A PARENT, SUBSIDIARY, OR AFFILIATE OF EITHER), MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. PURCHASER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, PURCHASER AND AUCTIONEER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. Court of venue for any disputes will be Branch County Michigan.
AVAILABILITY OF ONLINE MARKETPLACE: By participating in an Online Bidding Auction, each Bidder acknowledges and agrees that Auctioneer cannot guarantee the continuous or secure operation of, or access to, its online marketplace. Auctioneer’s servers, computers, communications components and systems, and application functionality, are subject to outages, failures, and delays. Each Bidder further acknowledges and agrees that Auctioneer will have no liability for any claims or alleged losses arising out of or relating to any such outage, failure, or delay.
Auctioneer reserves the right to reject or void any Auction bid, whether winning or otherwise, that it believes, in its sole discretion, (i) has been made in bad faith, (ii) is intended to manipulate the Auction listing and sale process, (iii) violates any applicable law or regulation, or (iv) results from an online marketplace outage, failure, error, or delay.
Auctioneer reserves the right to withdraw any Auction Item listed for sale at an Auction or to postpone or cancel any Auction for any reason, in its sole discretion, with or without notice, and without liability to any Bidder or Seller. Auctioneer also reserves the right to cancel and declare a “Non-Sale” any Binding Obligation or Auction sale, whether or not payment has been made, in the event Auctioneer determines, in its sole discretion, that: (i) the Binding Obligation or sale is the result of an online marketplace application, system and/or user error, (ii) the Seller has breached or defaulted under the Binding Obligation, or (iii) Auctioneer is unable to clear title to the applicable Auction Item. In such event, Purchaser’s sole remedy, and Auctioneer’s sole liability to Purchaser, shall be a refund of any amount previously paid by Purchaser and remaining in Auctioneer’s possession with respect to the cancelled Binding Obligation or Auction sale.
