CA Global Partners – Terms & Conditions
Updated July 21st, 2015
BY PARTICIPATING IN AN AUCTION, LIQUIDATION, WEBCAST OR ANY OTHER CA GLOBAL PARTNERS EVENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND & AGREE TO PARTICIPATE SUBJECT TO THE TERMS & CONDITIONS SET FORTH IN THIS AGREEMENT.
1. Buyer is required to maintain a 25% deposit on all items purchased at the auction. This is a nonrefundable deposit and will be forfeited in the event that a Buyer fails to pay invoice in full within 24 hours from the close of the auction.
2. Payments are accepted in the form of CASH, CASHIER’S CHECK, WIRE TRANSFER, or BUSINESS CHECK accompanied by an APPROVED BANK LETTER OF GUARANTEE. All checks to be made payable to CA Global Partners. Payment must be made in US currency.
3. A premium 15% – 18% of the bid price will be added to the price of each item purchased.
4. The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by Auctioneer is solely for identification, and does not create any warranty, expressed or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer “AS IS-WHERE IS,” ‘IN PLACE” and “WITH ALL FAULTS, KNOWN AND UNKNOWN.” AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations.
5. Local sales tax will apply. Buyer’s Premium is subject to sales tax. To QUALIFY FOR EXEMPTION: Local resellers must present a valid resale certificate for exception. Out of state purchasers must provide a common carrier bill of lading reflecting shipment directly out of state from the auction location. No taxes will be refunded once the tax has been collected. NO EXCEPTIONS
6. Auctioneer reserves the right to group, reduce, add to or delete lots. In the event there is a dispute between two or more claims of entitlement as the successful bidder, Auctioneer reserves the right to re-auction the item in dispute.
7. Any announcements made on the day of the auction take precedence over catalog or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale.
8. No checkout will be permitted during the auction sale. All purchases must be paid in full before merchandise will be released from the premises. Checkout will begin on the day following the auction sale. Quantities must be checked before removal of purchases. NO ALLOWANCES WILL BE MADE FOR CLAIMS OR SHORTAGES ONCE ITEMS ARE REMOVED FROM THE AUCTION PREMISES.
9. All property must be paid for and picked up in the time frames announced by Auctioneer at time of sale. If not, the merchandise will be deemed abandoned. Buyer will forfeit any deposit and lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Auctioneer without further notice to Buyer.
10. If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to Auctioneer, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneer may, at its option, (a) cancel the sale, retaining all payments made by Buyer, and/or (b) resell the merchandise at public auction without reserve in which event Buyer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Buyer’s original purchase price and subsequent resale price, Auctioneer’s commission, and all other expenses related to the disposal of the abandoned property. In addition, a defaulting Buyer will be deemed to have granted Auctioneer a security interest in the merchandise, which Auctioneer may retain as collateral security for Buyer’s obligation to Auctioneer.
11. Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, the responsibility for providing LICENSED AND BONDED professionals to ensure proper water, gas and/or power disconnection, disassembly, removal and loading, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act or omission of Buyer or Buyer’s employees, agents and/or representatives during pick-up and removal.
12. Buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide evidence that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Auctioneer, its agents or representatives will not be responsible for its containment, storage or removal.
13. Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations. Auctioneer, its agents, its employees and representatives shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, its agents and representatives from all liability thereof.
14. In no event shall Auctioneer’s liability to Buyer 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. Auctioneer is acting as an agent only and is not responsible for the acts of its principles.
15. Buyer agrees to indemnify, defend and hold harmless Auctioneer and its agents and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys’ fees) asserted against, resulting to or imposed upon Auctioneer resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.
16. CA Global Partners shall have the right to make image and audio video recordings of the auction, to use said recordings at its own discretion, and if deemed appropriate to make this public. Participants give their permission by participating in the auction.
17. The bidder’s paddle is nontransferable. All bids made by the holder of the paddle will be Buyer’s responsibility. A successful bid at auction constitutes a legally binding contract of sale. Auctioneer reserves the right to refuse any applicant the privilege of bidding or attending the auction and may revoke such privilege of bidding or attending the auction at any time. ALL SALES ARE FINAL. NO EXCEPTIONS.
18. This sales transaction shall be governed by and construed in accordance with the local laws of the State of California, USA. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. These Terms and Conditions with any amendments or modifications expressly made by Auctioneer at the time of the auction constitute all the terms and conditions with respect to the sale of articles at this auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided.