SIERRA AUCTION MANAGEMENT, INC. ("SAM") Auction Terms & Conditions
WELCOME TO SIERRA AUCTION -
LIVE AUCTION IS AN EXCITING WAY TO BUY ITEMS AT GREAT PRICES! WE HOPE YOU HAVE A GREAT TIME, AND MAKE SOME TRULY OUTSTANDING PURCHASES.
We have a few rules that we all must follow to insure that everyone has a safe and enjoyable auction experience. SAM is acting as a auctioneer-agent for many cities, counties, the State of Arizona, many large and small companies and people just like yourself that are seeking to sell items they no longer need. SAM may act as a principal, Buyer or Seller, in the sale of some items. SAM is not responsible for the actions of its principals. HAVE FUN!
REGISTRATION: All Buyers must register with SAM prior to bidding. SAM reserves the right to deny access to its premises to any Buyer(s), visitor or guest in its sole discretion. SAM may revoke any bidder's rights to bid at any SAM auction, or all future SAM auctions in its sole discretion. These Terms and Conditions shall remain in full force and effect for all future SAM auctions until revoked by BUYER in writing, and acknowledged by an officer of SAM. SAM reserves the right to change these TERMS and CONDITIONS at any time in its sole discretion and without notice.
DEPOSITS: All bidders will be required to place a cash, or certified check deposit of $200 for all non vehicle lots and $500 deposit for any vehicle or heavy equipment lot. You must register as a vehicle buyer in order to bid on vehicles or heavy equipment. All sales are subject to local, state and federal taxes including Sales Taxes unless you have a valid sales tax exemption certificate acceptable to SAM and to the State of Arizona prior to bidding, file a completed Arizona form 5000, and a separate automobile dealer exemption certificate/license, when applicable.
BUYER'S FEE: All purchases are subject to a discounted Buyer's Fee of 10% of the purchase price for cash, acceptable bank checks or wire transfers. Certain lots may contain a notice that clearly states a different Buyer's Fee (lower or higher). All purchases made using our Proxy bid service (all bids except live call bids), whether placed in person, on-line or via telephone, are subject to an additional Proxy Purchase Fee of up to 2% of the purchase price, at SAM's option. Auctioneer reserve the right to limit Proxy bidding on certain lots and for certain Buyers.
ALL SALES ARE FINAL: ALL ITEMS ARE SOLD "AS IS-WHERE IS," WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web and ad descriptions are NOT GUARANTEED. The descriptions have been prepared from information believed to be reliable. SAM attempts to ensure accuracy; however, SAM is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, SAM URGES YOU NOT TO BID. YOU MAY NOT RELY ON SAM'S PERSONNEL DISCRIPTIONS OR INFORMATION, WRITTEN OR VERBAL. All auction sales will be recorded by audio and/or in writing by at least 2 SAM personnel. This record of the number of the bidder, the bid, and amount thereof shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Please clearly show your bidder number to the auctioneer. Please confirm the auctioneer correctly states your bidder number and the final sales amount. SAM is not responsible for any loss or damage to any sold auction items. Title (ownership) and risk of loss or damage transfers to Bidder as soon as each individual lot is sold. Purchaser should monitor their purchases during the auction, if it is damaged or missing it is the bidders' responsibility. SAM urges all Bidders to remove all lots from the auction site as soon as practicable, and no later than the close of business on auction day, with safety and security as the top considerations.
PAYMENTS: All payments are to be made in US funds. SAM reserves the right to require the purchaser(s) of certain lots to make an additional deposit, within 30 minutes of SAM's request, in SAM's sole and exclusive judgment. In the event the Buyer fails to place the required deposit, SAM, in its sole and exclusive judgment, may declare the buyer in breach of contract, and re-auction the lot, and bar the Buyer from future bidding. Buyer will forfeit its deposit, and be liable for any loss or other cost the consignor and/or SAM incurs in re-auctioning the lot. No Lots may be removed in part or in full until paid in full. A DAILY LATE PAYMENT FEE shall be charged on all lots not paid for in full by 3:00 PM on the first workday following the Auction. The DAILY LATE PAYMENT FEE SHALL BE equal to 3% of the outstanding balance of each Lot or $10 per Lot, whichever is greater. Any Lot not paid for by 3:00 PM on the first Friday following the auction shall place the Buyer in breach of contract. SAM retains all its legal rights, including, but not limited to suing Buyer to compel specific performance, and/or declaring the Buyer in default of contract retaining the deposit and baring the Buyer, and Buyer's agents from all future auctions. SAM, at its sole discretion may offer the goods for sale in a private sale or any future SAM auction. Buyer shall be responsible for any deficiency, including late payment fees and storage fees. Buyer shall have no right to any excess funds such sale may generate. Currency accepted includes US currency (cash), bank wire transfers, and certified checks from a US bank. SAM reserves the right to require certain Buyer's or certain Lot purchasers to pay cash only. SAM may accept credit cards (Visa, MasterCard and American Express) on designated lots at the Undiscounted Buyers Fee of 13%. SAM reserves the right to refuse to accept certain credit cards, and require cash payments in its sole discretion.
Removal of Purchased Items: No item may be removed from the auction site until it is paid for in full. All lots must be removed from SAM's facility on the date of sale. In certain situations, SAM, in its sole and exclusive judgment, may allow certain lots SAM deems difficult to move to be removed no later than 3:00 PM on the third business day following the auction. DAILY STORAGE FEE shall be charged for all Lots not removed on auction day unless SAM approves a later removal date. All lots not removed by 3:00 PM on the third business day following the auction shall be charged a DAILY STORAGE FEE of $5.00 per lot, per day for non titled Lots, and $20.00 per day for any lot that has a title. Lots that are greater in size that a standard pallet shall be charged $5.00 per day for every 15 square feet of storage space utilized. SAM DOES NOT OFFER STORAGE SERVICES. Any item not removed by Noon on the first Friday following the auction will become the property of SAM, WITHOUT EXCEPTION. Any unsalable items that are not removed will be hauled to the dump at Buyers expense. Buyer is solely responsible for the safe removal of all their purchases. SAM, at Buyer's request, and in its sole discretion, may assist Buyer in the removal of its goods. Buyer shall be charged SAM's current hourly rate, per workman and forklift or other equipment utilized. In the event any work is requested after 3:00 PM or on non standard SAM workdays, SAM's shall charge Buyer 1.5 times its standard hourly rate. Buyer shall hold SAM harmless for any and all liability regarding the removal of its purchases, notwithstanding SAM assistance in item removal. All lots and purchases must be removed in full. No partial lots removal shall be allowed.
SHOPLIFTING: SAM will prosecute any person who removes any item not belonging to them. Many items SAM sells are the property of local, county and state governments and agencies. SAM will notify such entities of any theft or attempted theft of their property, and urge prosecution! NOTICE: YOUR ACTIONS ARE BEING RECORDED!
INJURY: All persons attending our live auction are notified that an Auction Site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the Auction Site before, during and after the sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties. All registered bidders shall so advise their guests, agents and employees. NO PERSON (S) SHALL HAVE ANY CLAIM AGAINST SAM, ITS EMPLOYEES, AGENTS, AUCTIONEERS, CONTRACTORS, OFFICERS, OR PRINCIPALS FOR ANY INJURIES SUSTAINED, OR FOR DAMAGES TO OR LOSS OF PROPERTY OR PROFIT WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER.
Seller Confirmation and Unreserved Items: SAM's policy allows our consignor's to determine if they wish to place a "Seller's Confirmation" on any lot. If a Seller's Confirmation is set on any lot it will be clearly marked on the lot. All other lots will be sold to the highest bidder; however, SAM reserves the absolute right, in its sole and exclusive judgment, to withdraw any lot from sale, or add new lots to the sale at any time up to the item being declared sold.
3 Day Temporary Titles: Temporary titles will be available, at SAM's discretion, in the title house for $10.00 per title, payable in cash. Vehicle titles will be issued in the name of the registered buyer only. No open titles.
I UNDERSTAND AND ACCEPT THE ABOVE TERMS AND CONDITIONS. ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH NO GUARANTEES. I ACKNOWLEDGE THAT SAM IS NOT LIABLE FOR ANY INJURY OR LOSS TO ME OR MY GUESTS.