PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID. PLACING A BID IS A LEGALLY BINDING CONTRACT.
Bidder and Auctioneer agree that the terms listed below shall govern the online auction sale.
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
REGISTRATION: All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. Tryans Online Auctions, at its sole discretion, may deny registration to any person or entity. Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account.
AGREEMENT TO TERMS: Access and use of any online auction site of Tryans Online Auctions (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. Tryans Online Auctions reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
FRAUDULENT BIDDING/ SUSPENSION / PERMANENT BAN: Bidding on any item in Tryans Online Auctions without the intent to pay all charges associated with the item is considered fraudulent. This type of bidding is not allowed and is considered to be in violation of terms of Tryans Online Auctions and will be subject to civil and criminal penalties. A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number.
ITEM DESCRIPTIONS: All items are sold in "as is" condition. The descriptions of items or lots appearing in the auction and in advertising are believed to be correct and every effort has been made in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Tryans Online Auctions acknowledges that some information may be inaccurate or incomplete. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Tryans Online Auctions concerning any items or lots shall be construed as a warranty either express or implied.
ITEMS AND LOTS ARE SOLD AS IS: WHERE IS and WITH ALL FAULTS. Bidder acknowledges caveat emptor and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidders must rely solely on personal inspection and not on information listed on the Site or otherwise provided by Tryans Online Auctions or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Tryans Online Auctions cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. Use of this site is at your own risk.
PREVIEW: The sole purpose of a Preview is to give You the opportunity to INSPECT the item(s) in person before placing a bid. Previews will occur at the sole discretion of the auction manager, and times and availability will vary, or depending on location may not be available. Refer to the Auction Details section for preview availability.
BUYER’S RESPONSIBILITIES: You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Tryans Online Auctions recommends You have an independent expert examine the lot for You prior to bidding. If You are the winning bidder, You are obligated to pay for the full amount of the invoice.
DISCRETION: All aspects of an online auction are subject to change without prior notice. Tryans Online Auctions reserves the right to add or remove items from an online auction; split or combine lots; make changes to the online auction ending times, preview date and/or time, or pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or online auction event; or take any other action Tryans Online Auctions deems necessary to affect the fair conduct of a sale.
PROXY BIDDING (MAXIMUM BID): When you bid your maximum bid or PROXY bid, the current bid price does not automatically advance to your maximum bid unless a previous higher bid has already been placed. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified.
SOFT CLOSE (AUTO EXTEND FEATURE): If an auction lot receives a bid in the last 45 SECONDS, the ending time for that auction will automatically be extended by 45 SECONDS. and can continue indefinitely. Once 45 seconds have passed without any bidding, the LOT will close to additional bidding. This feature prevents "sniping" or electronic bid rigging and allows all bidders an equal opportunity to be the high bidder, if they so choose.
ITEMS OFFERED: All Goods Are Offered for Auction Online Only. All items/lots/property also known as"Good's" are sold "As Is, Where Is" without any warranty or guarantee, either expressed or implied by the seller, auctioneer, auction company or its agents. Goods offered for sale are described and include titles and descriptions believed to be accurate, however do not rely on catalog descriptions as a substitute for provenance or title. Your bid is a contract to purchase goods offered and all sales are final. No Adjustments to Price or Refunds Will Be Given.
SHIPPING: Shipping Will be Charged at the Commercial Shipping Rate of USPS, FedEx or UPS, whichever shipment provider offers the most cost effective, efficient and safest way to ship goods to the buyer. All shipments will be insured for $50 or in the amount of the total hammer price of item(s) won, whichever is greater. An adult signature is required for receipt of all shipments. Any damage and/or claims must be made through the third party shipper. If additional insurance is desired, please contact us within 24 hours of the close of the lot/end of the auction. A minimum handling charge of $5.00 will be added to all shipments for cost of shipping materials.
ITEMS NOT CLAIMED: Any remaining items not removed during the scheduled removal days (Schedulued removal days are posted on the "auction details" for each specific auction) will be considered abandoned, and ownership will revert to Tryan's Online Auctions who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale.
DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated at the end of each item or lot by soft close and through online computer automation. If a dispute arises between two or more Bidders, Tryans Online Auctions reserves the right to reopen bidding. Tryans Online Auctions designation of the Buyer shall be final.
BUYER'S PREMIUM: Unless a specific auction states otherwise, a 15% buyer's premium will be charged on all items and lots paid with Credit and Debit Card, or Paypal. Cash and Check payments receive a 3% DISCOUNT. For example, if you bid $100 on an item at the auction you will be charged $115.00 for the item on your auction invoice IF PAYING WITH CREDIT OR DEBIT CARDS, AND PAYPAL. If paying with cash You would be charged $112.00.
PAYMENT: Buyer will receive an invoice via electronic mail after the close of the auction. Payment for purchases must be made by 5:30pm MST the day after and auction ends.
FORMS OF PAYMENT: Cash, Cashiers Check, Personal or Company Checks and Credit Cards. A 3% discount is applied if paying with cash on the scheduled removal days. All out of state checks must be accompanied by a irrevocable Bank Letter of Guarantee, unless prior arrangements or previous checks have been submitted to Tryans Auction Services. Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to property at that time. A valid credit card is required to bid. Any unpaid invoices will be charged to the card selected when registering. If a Credit Card cannot be charged and verified, the Buyer will be contacted and asked for another Card Number. In the event of a non-performing buyer, the buyer's registration information will be shared with other online venues in an attempt to collect payment. Blacklisting the buyer may also occur. Any item or lot not paid for in full within 2 business days will result in suspension or permanent ban of bidder number. No credit card charge backs will be allowed. Ownership of your items will revert to Owner/Seller who may re-sell or dispose of items at Seller's discretion.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Tryans Online Auctions and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Tryans Online Auctions until terminated by Tryans Online Auctions. Tryans Online Auctions may terminate this agreement at any time, without notice, at Tryans Online Auctions sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Tryans Online Auctions reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE: Tryans Online Auctions cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Tryans Online Auctions, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Tryans Online Auctions is final.
PRIVACY: Tryans Online Auctions gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Tryans Online Auctions does not sell or rent this information. Tryans Online Auctions uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to Tryans Online Auctions to have your name promptly removed from our list.
