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1. All property and
vehicles are being sold "AS IS". The auctioneer provides
no warranty or guarantee, either expressed or implied in the descriptions,
nomenclature or commentary, and in no event shall the auctioneer be held
responsible or liable for having made or implied any warranty of description,
genuineness, authorship, attribution, provenance, period, culture, source
or condition. The auctioneer encourages all buyers to avail themselves
of the opportunity to inspect all properly prior to purchasing.
2. A bid by any person
shall be conclusive proof that the bidder has inspected all property or
vehicles offered for sale.
3. The buyer shall
be the highest bidder. In the event a tie bid or a dispute arises between
two bidders, the auctioneer may, at his or her discretion, reopen the
bidding between the high bidders until the property or vehicle is sold.
4. The auctioneer
may reject a nominal or fractional bid or advance, should it, in his of
her estimation, prove detrimental to the sale or consignor.
5. The auctioneer
reserves the right to withdraw any item or vehicle before or during the
sale.
6. The auctioneer
shall have the right, on items or vehicles with a reserve price, to bid
on behalf of the consignor or the consignor may wish to bid personally
or by agent. However, full commissions are due and payable to the auctioneer
if the consignor or agent is the highest bidder.
7. The property will
be sold in lots, single or multiple lots, to suit the convenience of the
buyers or as the auctioneer may deem reasonable.
8. When the auctioneer
announces in item "SOLD", title on the property or vehicle shall
pass to the highest bidder, who there upon assumes full risk and responsibility.
All property or vehicle(s) shall be removed from the auction site by the
buyer at the buyer's own risk and expense waiting the time period announce
by the auctioneer. If the property or vehicle(s) is not removed within
the announced time period, it may be sent by the auctioneer to a storage
facility at the account, risk and expense of the buyer.
9. All property or
vehicles purchased by the buyer shall be paid for prior to removal in
cash or by other means as announced by the auctioneer before the sale.
Unless exempted by law, the buyer shall pay any and all applicable city,
county or state taxes.
10. The auctioneer
does not accept responsibility for any failure or any property, vehicle
or equipment or failure of same to meet the safety standards on classification
of same by the Department of Labor, safety, health regulations, Cal Osha,
Department of Motor Vehicles or the Environmental Protection Agency. It
is the express responsibility of the buyer to determine what safety equipment
or smog equipment must be in service on any vehicle or machinery purchased
to comply with those regulatory requirements prior to buying, using or
licensing any vehicle or machinery.
11. On all vehicles
purchased by the buyer any smog related repairs are his or her responsibility.
12. All vehicles are
sold as "TRUE MILEAGE UNKNOWN."
13. All penalties
charges by the Department of Motor Vehicles for past due registration,
parking violations, etc., are the responsibility of the buyer.
14. If the foregoing
conditions or any other applicable condition herein are not complied with,
the auctioneer or consignor shall have the right to hold the buyer responsible
for any expenses for storage, transportation or property or vehicle(s)
and reasonable attorney fees and court costs.
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