Terms and Conditions

Bidder Terms & Conditions

The Following Terms and Conditions apply to all T Squared Enterprises LLC/Window Machinery Auctions (WMA) on line events. Additional Terms and Conditions applicable to specific auctions are included on the auction site for the specific auction, auction item or lot, or via email to active bidders. In consideration of the opportunity to bid at WMA Online Auctions, and when you bid at a WMA online auction, you, as bidder and/or Buyer as defined herein, are agreeing to these Terms and the Conditions of the specific auction.

BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THIS SITE USER AGREEMENT.

 

    1. Registration: All registration information the Bidder provides to WMA shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during the auction sale.
  1. Malfunction, Shutdown, Loss of Service: The results of the auction may be rendered void if a malfunction, shutdown, or temporary loss of service occurs. In such an event, WMA reserves the right to remedy the situation in which ever way best represents the seller, including the cancellation of existing bids. WMA shall not be held liable in any way for any malfunctions, shutdowns, or loss of service.

  2. WMA's Role in Auction: WMA is acting as agent of the seller in an online auction and is not responsible for acts, omissions or representations of the seller or any of the seller's principals, officers, directors, employees or other agents.

  3. Withdrawal of Items: From time to time, it may become necessary to withdraw items from a sale after they are listed. WMA and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.

  4. Auction Close: Online auctions shall close on the date and time identified on the specific auction, item or lot. All active items will remain open until no bids have been received for ten (10) minutes.

  5. Contract and Payment: By placing a bid on an item, the bidder represents, warrants and undertakes that they have the authority and capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the item in question for the full amount of the bid, plus the buyer's premium and any applicable taxes, duties, or government fees. A legally binding contract between a bidder, and WMA and seller, is formed when a bidder makes the highest bid and the online auction is closed. Payment in full via wire transfer as indicated on the Buyer's invoice must be made within 72 hours of auction close. Buyers with invoices not paid within 72 hours will be considered in default and subject to conditions as outlined in Section 7 of the Bidder Terms and Conditions

  6. Dispute between Bidders: The final high bidder shall be designated at the end of each item or lot. If a dispute arises between two or more Bidders, WMA reserves the right to reopen bidding. WMA's designation of the Buyer shall be final.

  7. All Sales are FINAL: A bidder may not cancel a bid after the auction closes. When the auction closes, the highest bidder ("Buyer") shall pay for the item purchased by the date and time identified for removal on the specific auction site. If WMA determines that the highest bid was not a bona fide bid, the item will not automatically go to the second highest bidder. If Buyer does not pay for and remove all items within the applicable removal period, WMA may resell the item without notice. If an item is resold for an amount less than the original, highest successful bid, Buyer is obligated to pay the difference. If full payment is not made by the end of the applicable removal period, Buyer's bidding privileges as to any other WMA's Online Auctions may be suspended. Buyer's bidding privileges might not be reinstated until WMA's invoice has been paid in full, regardless of whether an item has been resold.

  8. Adjustments: No adjustment will be made with regard to merchandise inventory after the item or lot has been removed from the sale premises, or after the removal deadline whether or not the property has been removed. WMA reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.

  9. Transfer of Title and Risk of Loss: Title to items passes to Buyer when full payment for all items has been received and all items have been removed from the auction location. Upon removal of an item from Auction location by Buyer or Buyer's agent, risk of loss shall pass to Buyer.

  10. Buyer's Premium:. Buyer shall pay to WMA a buyer's premium of 10%. For example, if the successful bid is $100.00, Buyer will be invoiced for $110.00. The buyer's premium is not negotiable and is payable by all Buyers.

  11. Sales Tax, Rigging, and Transportation: WMA does NOT collect sales tax, duty or other government fees. BUYER is responsible for any and all additional charges including rigging (when applicable), crating, transportation, duty, taxes or government fees

  12. Condition and Value of Items: All Items Are Sold "AS IS/HOW IS/WHERE IS" WITH ANY AND ALL FAULTS. Nether the Auctioneer or the Seller gives any type of guarantee or warranty, implied or otherwise. These items are offered for auction and their descriptions are from sources deemed reliable and submitted subject to errors, omissions and change without notice. No allowance will be made for errors in cataloging, genuineness, defects or identification purposes only. There are no returns, refunds, or adjustments. THE ENTIRE RISK AS TO THE QUALITY, AUTHENTICITY & CONDITION RESTS WITH THE BUYER. BUYER ASSUMES COMPLETE AND SOLE RESPONSIBILITY FOR INSPECTION OF ITEMS PRIOR TO BIDDING AND RELIES SOLELY ON THEIR OWN INSPECTION AS TO THE CONDITION AND VALUE OF ITEMS.

  13. Acknowledgement of Dangerous Auction Site: Potential bidders when inspecting and high bidders/purchasers or their agents acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. High bidders will so advise their agents and employees. This acknowledged risk extends into all activities involved in the removal of items including disconnection of utilities. Persons attending the auction site during preview, sale or removal assume all risks of injury damage or loss of property and specifically release WMA and the seller from liability.

  14. Item Removal: Merchandise becomes the full responsibility of Buyer at the close of auction, and Buyer assumes all risk of loss and damage to property until removed from sale premises. The date by which all merchandise must be removed from the premises is posted on an item-by-item basis. THERE ARE NO EXCEPTIONS TO REMOVAL DEADLINES!! Items remaining after removal deadline will be considered as abandoned, and ownership will revert to Seller, who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale. Auction sites are potentially hazardous places. Seller may at their sole discretion require purchasers to employ the services of an experienced rigging company insured to the seller’s standards to disconnect, pack and load machinery onto or into Buyer's truck. Buyer assumes all responsibility for damage to seller's property during removal of items.

  15. Indemnification: Buyer indemnifies and holds harmless WMA, its directors, officers, employees and agents against any damage or loss which Buyer, WMA or third-parties may suffer or incur with respect to loss, damage or injury arising from the removal of an item.

  16. Privacy: WMA gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. WMA does not sell or rent this information. WMA uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to WMA to have your name promptly removed from our list.

  17. Termination of Agreement: This Site User Agreement constitutes a binding agreement between Bidder and WMA until terminated by WMA. WMA may terminate this agreement at any time, without notice, in WMA’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction site. WMA reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.

  18. Choice of Law and Venue: All disputes relating to a WMA auction and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Ohio. All claims relating to a WMA auction and the terms and conditions herein shall be brought in Summit County Court in Ohio, and bidders hereby consent to the jurisdiction of said Court.

Last updated on : 20/04/2010