Auction Terms & Conditions Thank you for participating in this Online Only Auction Event (the "Auction"). Outlined below are the Terms & Conditions of Sale. Please read them carefully. By placing a bid, you are acknowledging your acceptance of these Terms.
Auction Firm: For the purposes of Terms of Sale, Gryphon USA, LTD, an Ohio limited liability company, Richard F. Kruse, Auctioneer are collectively known as "Auction Firm."
Registration: All registrants must provide name, address, email address, phone number and valid credit card number in order to register. Note that the address on the registration must match the mailing address on file with your credit card company.
Timing and End of Auction: The Auction will be a timed event and all bidding will close at a specified time. At Auction Firm's discretion, Auction Firm may close bidding early or extend the Auction. The Auction may have an auto-extend feature. If the Auction features auto-extend, any bid placed within a specified time of the end of the Auction, Auction Firm may extend bidding for an additional amount of time specified by Auction Firm. Auction Firm may increase or decrease such extended time during the Auction until bidding is closed.
Technical Provider and Technology Issues: In the sole discretion of Auction Firm, Auction Firm may use a third party to provider technical services to facilitate the Auction. In the event that there are issues related to any technology utilized during the Auction, Auction Firm may extend bidding, continue the bidding, or close the bidding. In no event shall Auction Firm be held responsible or liable for a missed bid, any failure of technology to function properly for any reason during the Auction, or for the actions of any third-party service provider engaged by Auction Firm to provide services for the Auction.
Auction Closing Date: Bidding continues until 6pm EST on Sunday, July 26, 2020. At that time, multiple lots will begin closing per minute until the last item is sold. With overtime bidding, the Auction could last a long time. PLEASE use your max-bid feature.
Payment: Payments may be made by Visa & MasterCard Only. Credit cards used to register for the Auction will be charged at the completion of the Auction.
Declined Credit Cards: Any bidders with credit cards that are declined at reconciliation will be charged a $10 processing fee to run another credit card or to run same card at a later time - NO EXCEPTIONS!
Buyer's Premium: A Buyer's Premium of fifteen percent (15%) will be added to the final bid price and included in the total sale price. The high bid plus buyer's premium shall constitute the total purchase price paid by the Buyer to the Seller.
Sales Tax: Local sales tax of 8% shall be collected on the total high bid and buyers premium amount. Resellers that are tax exempt MUST provide exemption forms to Auction Firm in advance of the close of the auction.
High Bidder Notification: At the conclusion of the Auction, winning bidders will receive an email advising of the items won as well as provided with an invoice for payment. Bidders will receive an email only and are responsible for checking your email account.
Buying Multiples: When bidding on multiples of an item in a single lot, you are bidding the price for one (1) item x the number of items indicated in red to the left of the photo. Example - x5 = your bid price x that same price for 5 items.
Removal: Due to Covid 19 and Social Distancing Requirements, removal must be conducted BY APPOINTMENT ONLY on July 28 & 29. Your invoice will detail how to sign up for a removal slot as well as identify the exact address of asset removal in Etna, Ohio.
Items cannot be transferred to an alternate location and Seller looses access to the location as of 5pm on July 29, 2020.
Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned back to the Seller. No refunds or charge backs will be granted due to lack of removal at designated times. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will only be released following full payment. Please ensure that movers or anyone picking up items on your behalf have your paid receipt and a letter authorizing you to pickup their items. No items will be released without a paid email receipt. Please bring sufficient packing materials, tools and boxes.
IF YOU DO NOT FOLLOW THROUGH TO PAY FOR AND PICK UP YOUR ITEMS AFTER THE AUCTION IS OVER, YOUR ITEMS WILL BE DEEMED ABANDONED. YOU WILL STILL BE RESPONSIBLE TO PAY FOR THOSE ITEMS.
Auction Firm shall not be responsible for non-delivery to any purchaser of any lot other than to refund deposit or sum paid on any lot, should Purchaser be entitled to said refund due to Auction Firm error.
In the event an item is not available for pickup, the Buyer must notify Auction Firm's on-site staff and file a claim by replying to your original emailed invoice noting what was not available within twenty-four (24) hours of the pickup date. After twenty-four (24) hours of the close of the removal period, Auction Firm and Buyer agree that no adjustment or refund will be made.
Removal of Tables: Removal of tables can not occur until the final date of July 29, 2020.
Mask Wear: For the safety of our clients, customers and staff, and in accordance with current mandates, masks must be worn while picking up your items. Individuals refusing to wear masks will not be allowed access to the facility.
General Merchandise Shipping: Due to the tight timeline available for access to the location, SHIPPING IS NOT AVAILABLE.
Staggered Closing: The Auction moves fast and closes 1 item every minute. The automatic system will close the bidding on intervals.
Dynamic Closing: The closing time of an asset is automatically extended an additional 2-3 minutes whenever a bid is placed within the last 5 minutes of the asset's closing time.
No Warranties: While descriptions are believed to be correct, Auction Firm and Seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity or merchantability of, or defect in any item, and will not be held responsible for any discrepancies or inaccuracies. No warranties are made as to the merchantability of any item or their fitness for any purpose.
Liability and Indemnification: It is understood and agreed that Auction Firm is acting as an agent only and shall in no case whatsoever be held liable by either party for the performance of any term or covenant of this agreement or for damages for non-performance thereof. Purchaser does hereby indemnify and hold harmless Auction Firm and Seller from any and all damages and claims of any type whatsoever caused by the removal of the item(s) purchased.
No Warranties and Limitation of Liability: Auction Firm makes no representations or warranties with respect to any technical aspects of the Auction, including, but not limited to, the performance of any computer hardware or software, any other technology utilized during the Auction, or the services of any third party engaged by Auction Firm to provide technical services during the Auction. In no event shall Auction Firm be held responsible or liable for any delay or failure of technology during the Auction.
Additional Items: Auction Firm reserves the right to add or remove items from the Auction - split or combine lots - add minimum bids or reserve prices - cancel, suspend, extend or reschedule an individual item and or auction event - make changes to the Auction closing times or inspection or removal times.
Force Majeure. If Auction Firm is delayed or prevented from the performance of the Auction by reason of any act of God, act of nature, fire, act of government or state, acts of war or terrorism, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy or other supplies, labor stoppages or disputes of whatever nature, or any other reason beyond the control of the party, including, but not limited to any epidemic or outbreak of pandemic disease, performance of such act shall be excused.
Jurisdiction: The respective rights and obligations of the parties with respect to the herein terms and conditions and the conduct of the Auction shall be governed and interpreted by the laws of the State of Ohio. By bidding at the Auction, whether present in person or by agent, by written bid, online or other means, the buyer shall be deemed to have consented to the jurisdiction of the Court of Common Pleas in Franklin County, Ohio. Any controversy or claim arising from or relating to the any purchase contract or incidental document associated therewith, or breach thereof, shall be determined and settled by the County Court of Common Pleas in Franklin County, Ohio.
CAUTION: Occasionally the wrong photo is displayed. Always read the item description. Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they may be connected or pictured together. Please inspect the lot numbers and read the descriptions. You are bidding on the described item, not the photo.
IMPORTANT! Auction Firm will have the option of reselling, removing, storing or abandoning, at the expense and risk of the buyer, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection, transportation and storage expenses associated with delinquent accounts or abandoned items.
BUYER BEWARE: By placing a bid, the bidder acknowledges that s/he has entered into this agreement as the result of a thorough inspection, or acknowledged opportunity to inspect, of the merchandise being purchased and that all merchandise is sold in an "AS-IS, WHERE-IS, and AS-INSPECTED" condition with any and all faults.
CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness, or suitability for intended use, please bid accordingly.
The above-stated Terms & Conditions of Sale cannot be altered except in writing by Auction Firm.