Special Terms
1. All prospective buyers must be at least 18 years old and are required to register with Ken Porter Auctions prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility or online.
2. Buyer accepts responsibility and liability for the purchase(s), from the call of the final sale by the Auctioneer announcing the sale price and the bidder’s number. Any questions or concerns will be finalized by review of the auction video or audio after the sale. Buyer is responsible for any individual using the buyer’s bidder card. In the event the card is lost, the buyer must immediately notify the auction management.
3. The “Auction Terms and Conditions” shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California.
4. Purchase (Purchase price to include Hammer price, Buyer Commission, Auction Fees, Administrative Fees, DMV Fees, and Sales Tax) price must be paid for in full by the first business day following the sale in the form of cash or cashiers check. If Not Paid for by 5pm on the First Business day following the sale, a late fee of $25 per lot per day will be charged until the balance is paid in full.
5. All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Ken Porter Auctions may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Ken Porter Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
6. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Ken Porter Auctions shall endeavor to describe in detail each item and any pertinent information about it.
7. Ken Porter Auctions will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
8. Ken Porter Auctions is providing internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Ken Porter Auctions or anyone else if the internet service fails to work correctly before or during the live auction. Ken Porter Auctions will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Ken Porter Auctions reserves the right to withdraw or re-catalog items in this auction.
9. The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.
10. Auctioneer shall settle any dispute arising as to any bidding at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. The Auctioneer may refuse to accept or acknowledge any bid, which is merely a fractional advance over the preceding bid and in the event of a tie bid; the Auctioneer may re-open the bidding to determine the higher bidder.
11. A Buyer’s Commission equal to 15% of the bid price will be added to the total paid to complete purchase (unless otherwise stated by Auctioneer) listed in Lot Description on OnSite Buyers Premium
12. Internet bidders will pay the listed Onsite Buyers Premium plus are subject to an additional 4% administration fee for online services
13. Upon the award of bid, title (subject to the Auctioneers possessory lien) and all risks of loss, damage to or of the purchased item passes to the purchaser and Auctioneer and/or seller shall have no liability whatsoever for any damage of any such lots.
14. No lots shall be removed until the conclusions of the auction and full payment made, invoices are available for payment at any time. All lots must be removed by the 1st Tuesday following the sale. There will be a daily storage fee charged at the rate of $25 per vehicle, $50 for any larger vehicles, $25 per day for any miscellaneous items, starting Wednesday following the sale. If for any reason the purchaser fails to remove any lots within 5 days, the lot shall be deemed abandoned, and the Auctioneer may re-sell, or remove from the auction site, and /or store the said lots at purchaser sole risk and expense. In addition, purchaser shall be liable for any rent incurred or damages suffered by auctioneer because of purchaser’s failure to timely remove any lot.
15. Prior to the commencement of dismantling, rigging, or cutting or any operation affecting building or land, purchaser shall furnish certificates satisfactory to Auctioneer, holding Auctioneer and/or seller harmless from any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal, shall itself be removed with the purchased lots.
16. Sales tax will be added to the purchase price of all taxable items. Dealers who purchase for resale must pay said sales tax or provide a resale certificate to the auctioneer in the name of the bidder. Purchase must also comply with all local laws and all ordinances regarding sale of property at auction.
17. A DEPOSIT OF 25% IN CASH, CERTIFIED OR CASHIERS CHECK IS REQUIRED of each successful bidder upon award of bid.
18. A $50 Smog inspection fee and a $8.25 smog certificate fee will be charged on required vehicles. There is a documentation Processing fee charged on each vehicle sold.
19. If for any reason the Auctioneer fails to deliver an awarded lot, the Auctioneer‘s sole liability shall be the return of any deposit or monies paid on such non-delivered lots.
20. Auctioneer and/or seller does not accept responsibility for the failure of any equipment said to meet the safety standards on classifications of equipment by the Department of Labor, Safety and health regulations, CAL-OSHA, Federal OSHA, or environmental protection agencies. It is the express responsibility of the buyer to determine what safety equipment must be in service on any machinery purchased and to comply with those regulatory requirements prior to using any equipment, or machinery purchased.
21. All Vehicles sold to public are being sold with a California Emission Certificate of Compliances. Any vehicle not smog verified must be sold to dealer/dismantler only NO EXCEPTIONS
22. In the event Auctioneer and/or seller are required to employ an attorney to enforce any term of this agreement, purchaser agrees to pay any reasonable attorney fees.
23. Auction Company does not in any way guarantee the odometer and/or hour meter reading to be actual, true or correct
