General Terms & Conditions for Harris Auctions
(Note: These are general T&C’s. Please refer to the Terms & Conditions posted for an auction, for Terms & Conditions specific to that auction)
Harris Auctions (AUCTIONEER), a division of Harris Machine Tools, Inc. General Terms & Conditions for Live Online Webcast and Online Only Timed Auctions. SELLER is defined as the legal owner of the assets contained in the auction, note that the AUCTIONEER and the SELLER may at times be the same entity. BUYER is defined as the winning Bidder of a particular lot or item at the auction.
Buyer’s Premium: A Buyer’s Premium will be charged to all purchases at an auction. The amount of the Buyer’s Premium will be posted to the auction.
Registration: All bidders are required to give full name, address, company name, contact information (phone, fax, and email), and bank information when registering. A credit card (MasterCard / Visa / Discover / American Express) is required to be on file when registering for this auction, but cannot be used for purchases.
Payment: Upon notification of being the successful bidder, BUYER WILL HAVE 48 HOURS TO PAY IN FULL. AUCTIONEER accepts the following payment types: wire transfer, company check, or cashier’s check. ALL company checks MUST be accompanied by a bank letter of guarantee made out to Harris Auctions. For Company Checks, please HAVE YOUR BANK use this SAMPLE format:
THIS BANK HEREBY GUARANTEES PAYMENT OF CHECKS PAYABLE TO HARRIS AUCTIONS, FROM (NAME OF CUSTOMER) ON ACCOUNT #____ UP TO THE AMOUNT OF ____. THIS LETTER IS VALID FOR PURCHASES MADE AT THE AUCTION OF ____ ON ____(DATE).
Fax all letters to (713) 462-8222 or email to email@example.com
ALL INTERNATIONAL BUYERS MUST PAY BY WIRE TRANSFER. The full purchase price (including any applicable Loading and/or Rigging charges, taxes, or other applicable fees) on all items to the same buyer must be paid within the time fixed and before removal of any of the goods.
Taxes: If any lot purchased at this auction remains in the state of Texas, 8.25% Sales Tax will be added to the purchase price unless the BUYER can provide a valid and appropriate Sales Tax Exemption Certificate.
Location: The location(s) of the auction site(s) will be published in the online catalog and in the specific Terms & Conditions posted for the auction. Location(s) can also be obtained by contacting Harris Auctions (713-462-5800) or firstname.lastname@example.org.
Addition to or Withdrawal from Sale: The AUCTIONEER reserves the right to withdraw from sale any of the items, to sell at this auction items not listed, to group one or more lots into one or more selling lots, or to subdivide into two or more selling lots. The AUCTIONEER also reserves the right to sell all of the items listed in bulk.
Absentee Bidding: Absentee bids may be presented to the AUCTIONEER in writing and must be accompanied by 25% of your bid in certified funds with full payment on any winning bids due ONE DAY after notification of your successful bid. Absentee bids are subject to all terms and conditions of the sale as listed herein or announced at the auction sale. All absentee bids are held in confidence. AUCTIONEER may have a principal interest in this sale. SELLER reserves the right to bid at this auction.
(ABSENTEE BIDDING IS NOT APPLICABLE TO INTERNET BIDDING)
Dispute Between Bidders: If there is any dispute between two or more bidders, the AUCTIONEER may decide the sale or may resell the item(s) by immediately putting them up for sale again. The decision of the AUCTIONEER shall be final and absolute.
Inspection of Machines: BUYERS may arrange to inspect the machines by calling 713-462-5800. INSPECTION OF MACHINES IS GENERALLY THE DAY BEFORE THE SCHEDULED AUCTION, BUT IT IS UP TO THE BIDDER TO VERIFY INSPECTION DATES AND TIMES BY CONTACTING HARRIS AUCTIONS PRIOR TO THE AUCTION. Harris Auctions will provide dates, times, and directions to the auction location and assist in setting inspection appointments.
Removal: No item(s) will be allowed to be removed from the site without PROOF OF PAYMENT FOR SAID ITEM(S). Small, hand-carried items should be removed the day after the auction. Anyone using a powered vehicle or lift of any kind to remove anything from the auction site will need approval and a certificate of liability insurance naming Harris Auctions and our SELLER as additionally insured. Removal of any and all items is at the expense, risk and liability of the BUYER.
Transportation: Freight, transportation, and pick-up will be the responsibility of the BUYER. ALL PURCHASED ITEMS MUST BE REMOVED BY THE BUYER NO LATER THAN THE DATE SPECIFIED IN THE ONLINE CATALOG, OR CONVEYED BY THE AUCTIONEER PRIOR TO THE AUCTION. The BUYER is responsible for arranging all transportation and ensuring the transport vehicle(s) is/are capable of carrying the purchased item(s). Authorized Rigger(s) will be at the facility to load the items. BUYER will be required to use the Rigger(s) authorized by the AUCTIONEER. ANY CHARGES FOR RIGGING AND/OR LOADING THAT APPLY TO ANY ITEM(S) WILL BE THE RESPONSIBILITY OF THE BUYER. All Bidders are encouraged to obtain estimated Rigging / Loading charges prior to bidding and before arranging transportation. FOR INFORMATION ON RIGGING / LOADING CHARGES, PLEASE CALL THE AUTHORIZED RIGGER(S) FOR THE AUCTION. THE RIGGER INFORMATION WILL BE PUBLISHED IN THE ONLINE CATALOG, OR CONVEYED BY THE AUCTIONEER PRIOR TO THE AUCTION. In all cases, the cost of the loading / rigging is the responsibility of the BUYER.
Abandonment: If item(s) are not picked up within the published time period set forth in the Terms & Conditions specific to the auction, or other arrangements are not agreed upon by both BUYER and SELLER, SELLER reserves the right to restock, resell or otherwise dispose of said item(s) at SELLER’S sole discretion, with no refund to BUYER of any monies received.
Installation: Installation of machines, equipment or any purchased item at any destination location, is NOT INCLUDED, nor provided.
Condition of Items: All items are USED unless otherwise noted in the catalog or conveyed by the AUCTIONEER. The descriptions and images included in the printed or online catalog, printed, online or published brochure, or any other marketing or promotional materials related to the auction, are true and correct to the best of AUCTIONEER’S knowledge at the time of publication. However, AUCTIONEER SHALL NOT BE RESPONSIBLE for any incorrect description, typographical error, omission, or other errors with regards to the printed or online catalog, printed, online or published brochure, or any other marketing or promotional materials. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any other error not hereby specified. Pictures are for representation purposes only, all pictures are intended to show the item or lot to aid the BUYER in evaluating the item or lot. All prospective bidders are encouraged to inspect the items and lots prior to the auction.
Warranty: All items offered in this auction are offered “As Is”, “Where Is”, “With All Faults”. No warranty, expressed or implied is included with any item offered here. The SELLER expressly disclaims any warranty as to fitness or usability of all items, and the BUYER expressly waives any claim in respect to any possible future use of any item purchased for any purpose whatsoever.
Indemnification: BUYER agrees to indemnify and hold AUCTIONEER and SELLER harmless from and against all claims and liabilities relating to the condition or use of the items purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such items, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom.
Compliance with Terms of Sale: By becoming the winning bidder, you are now the legal BUYER of that item or items. This is a legally binding contract to purchase said item(s) and you are obligated to complete the transaction by promptly paying for the item(s) in accordance with the instructions set out in this document. In default of payment of bills in full within the time herein specified, the SELLER, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Items not paid for or removed within the time agreed upon by BUYER and SELLER may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting BUYER.
Reserve: In the case of Online Only Timed Auctions, there may be RESERVE amounts attached to selected items in the auction. When placing a bid, the BIDDER will be notified by the online bidding system as to whether or not the bid has met the RESERVE amount. No bid will be considered a winning bid unless the RESERVE amount has been met. A bid in the amount of the RESERVE, or higher, will be considered a winning bid. Please check your bid and bid status before the Lot closes.
Additional Terms and Conditions: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. If you require assistance, please contact Harris Auctions at 713-462-5800, or email@example.com.