Upon registering and placing bids on any item(s), the bidder agrees to the following terms and conditions. Do not register and do not bid unless you agree to all terms and conditions.
1. REGISTRATION: Information provided by the bidder at time of registration must be current, correct and complete. Bidders must be a minimum of 18 years old in order to bid. Davies Auction Service LLC., (referred to hereafter as the auction company) reserves the right at its sole discretion to deny registration to any person or business.
2. BUYER’S PREMIUM: The buyer’s premium (also called buyer’s fee by some) is a percentage that is added onto the final price bid for each item. The buyer’s premium for each auction will be noted in each individual auction. If you have any questions about the buyer’s premium, please don’t hesitate to contact the auction company.
3. DISCLAIMER: All lots are sold “As-is, Where-is”, with no warranties or guarantees expressed or implied. Neither the auction company nor the seller(s) make any kind of warranty or guarantee regarding the lots to be sold, implied or otherwise. The auction company strongly encourages each bidder to inspect lots in person prior to bidding. While the auction company has made every effort to prepare the catalog in addition to any additional advertising to provide accurate descriptions of all items, it is the bidder’s responsibility to determine the condition of each lot.
4. CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the direction and discretion of the auction company. The auction company reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. The auction company is an agent only for the seller. Sellers or their agents reserve the right to bid on their own behalf to protect their investment(s). All decisions of the auction company are final.
5. MAX BID: When you place your maximum bid, the current bid price does NOT automatically jump to your max bid. Your bid will go to the next highest increment and will be increased as other people bid against you. The computer will automatically bid up to your maximum bid in the increments specified. By placing any bids, you have agreed by legal contract that your bid or max bid is what you are willing to pay for that specific lot(s) and may have to pay full bid or max bid amount of any bids placed. The buyer agrees and is responsible for every bid amount placed. Your bid is a legally binding contract with no exceptions. The winning bidder agrees to indemnify and hold harmless sellers, auctioneers, auctioneer’s employees, auction company from all claims, fees, judgments, expenses, disputes, legal fees and any other associated fees.
6. AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for one lot every few seconds in catalog order with the following exception: if a bid is placed in the last two (2) minutes remaining for that auction lot, bidding for that lot will automatically extend the auction for additional two (2) minutes. Some lots may be grouped together so that a bid on one lot will extend the time on all lots in that group. An e-mail of the invoice will be sent to the winning bidder/buyer of each auction after the auction has completely closed.
7. PAYMENT: All buyers must pay for their purchases in full within the scheduled removal dates after auction ending. We take Cash, Checks, Money Orders, Cashier’s Checks or Credit Card. A 5% fee will be assessed for the amount charged to all credit card payments. Merchandise becomes the full responsibility of the bidder/buyer at time of payment and the bidder/buyer assumes all risk of loss and damage to property at that time.
8. PURCHASING: A purchase is deemed to be complete when the buyer has paid the winning bid plus any and all additional fees including buyer’s premium and any sales tax if required. A buyer that does not complete a purchase they have won may be barred from all future transactions. A non-compliant buyer, at the discretion of the auction company, can be subject to a non-refundable restocking fee of up to one quarter of the amount bid. The auction company reserves the right to charge said fee to the buyer’s credit card on file. In the event a buyer does not pay for an item in full including all additional fees mentioned previously, the item(s) will be determined to be forfeited and the sale considered null and void at which time Davies Auction Service will have the right to relist or otherwise resell the item(s) in default.
9. REMOVAL: No items can be removed until the auction company has received and acknowledged payment in full. Buyers are responsible loading and removal of all items purchased without assistance from the auction company. Any item(s)s not removed within the agreed upon time as noted in the terms, may be considered abandoned and Davies Auction Service retains the right to remove and relist or otherwise resell the item(s).
10. TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, the auction company reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor the auction company shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
11. LEGAL PROCEDINGS: In the event legal proceedings arise from this contract or from the auction, the buyer consents to being subject to the personal jurisdiction of the courts of the State of Montana. The buyer also agrees the location shall be in Broadwater County, Montana and that the laws of the State of Montana shall govern this Agreement and the parties’ transaction hereunder.