SIERRA AUCTION MANAGEMENT, INC. ("Sierra") Auction Terms & Conditions
WELCOME TO SIERRA AUCTION – LIVE/INTERNET AUCTIONS ARE AN EXCITING WAY TO BUY ITEMS AT GREAT PRICES! WE HOPE YOU HAVE A GREAT TIME, AND MAKE SOME TRULY OUTSTANDING PURCHASES. HAVE FUN!
We have a few rules that we all must follow to insure that everyone has a safe and enjoyable auction experience. Sierra Auction Management, Inc. (“Sierra”) is acting as an 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. Sierra may act as a Principal, Buyer or Seller in the sale of some items. Sierra is not responsible for the actions of its consignors and/or principals.
REGISTRATION: All Buyers must register and have a bidder number prior to bidding. Please register early to save time! Sierra reserves the right to deny access to its premises to any Buyer, visitor, or guest in its sole discretion. Sierra may revoke any bidder’s rights to bid at any Sierra auction, or all future Sierra auctions in its sole discretion. You are responsible for all purchases made with your number, whether by you or by anyone you might allow to use your number. These terms and conditions shall remain in full force and effect for all future Sierra auctions until revoked by Buyer in writing, and acknowledged by an officer of Sierra. Sierra reserves the right to change these terms and conditions at any time in its sole discretion and without notice. Recording of the auction is strictly prohibited; no still, video or audio recording can be made without the express written permission of Sierra. No firearms allowed pursuant to A. R. S. section 4-229.
DEPOSITS: All bidders will be required to place a $200 CASH or DEBIT CARD* refundable deposit for all non-vehicle lots or a $500 CASH or DEBIT CARD* refundable deposit for all lots, including vehicles and heavy equipment. Bidders placing a deposit with a credit card and bidders using our online bidding platform will be subject to a credit card hold of either $225 (surplus only) or $550 (all lots). Your deposit will be refunded to you upon full payment for your purchases or may be applied to the payment of your purchases. If you do not win any bids your deposit will be refunded to you upon request, less any applicable transaction fees. Deposits will be refunded within 60 days without incurring any additional fees. Deposits held in excess of 60 days will incur a $25 per month administrative fee. All sales are subject to all local, state and federal taxes including sales taxes unless you have a valid sales tax exemption certificate acceptable to Sierra and to the state of Arizona, file a completed Arizona Form 5000, and a separate automobile dealer exemption certificate/license, if applicable. Fax a copy of the resale license to 602-246-1903.
BUYER’S PREMIUM: Payment is accepted in cash, wire transfer, direct deposit, cashier’s check, debit*, or credit card. (credit cards cannot be used to purchase vehicles). We offer a 3% cash discounted Buyer’s Premium of 12% for live bidders that pay with cash or cash equivalent (cashier’s checks, wires, bank transfers, debit card*, at Seller’s discretion). Fees are subject to change without notice. Certain lots may contain a notice that clearly states a different Buyer’s Premium (lower or higher). All purchases made using our on-line bidding service (all bids except live call bids), whether placed in person, on-line or via telephone, are subject to an additional on-line purchase fee which may vary based on the type of merchandise auctioned.. If the auction is On-line Only, Sierra waives the on-line purchase fee. Auctioneer reserves the right to limit on-line bidding on certain lots and for certain Buyers. Unless otherwise stated, no Buyer’s Premium applies on Bankruptcy Items if paid in cash or cash equivalent and a 3% Buyer’s Premium is charged for any other form of payment.
ANNOUNCEMENTS: Any announcements on the day of the auction shall take precedence over any previously distributed information or advertising. Listen to opening announcements, as they are important. The auctioneer may announce additional information or terms during the course of the auction.
ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale. Also, the auctioneer may group lots or subdivide lots in order to benefit the seller.
EXCEPT WHERE NOTED, 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. Sierra is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions even if caused by Sierra’s gross negligence. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, SIERRA URGES YOU NOT TO BID. YOU MAY NOT RELY ON SIERRA’S DESCRIPTIONS OR INFORMATION, WRITTEN OR VERBAL. The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller. All auction sales will be recorded by audio and/or in writing. This recording of the bidder’s number and the bid amount 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 bid amount. Sierra 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, subject only to Sierra’s right to reconcile the auction. Errors by auctioneer shall make the sale voidable at auctioneer’s sole discretion. Sierra is not responsible for accidents, damages or stolen goods. All counts are approximate. Purchaser should monitor their purchases during the auction; if it is damaged or missing it is the bidders’ responsibility. Sierra urges all Bidders to remove all lots from the auction site as soon as possible, and no later than the close of business on auction day, with safety and security as the top considerations. ABSOLUTELY NO REFUNDS.
AUCTION TERMINOLOGY: It is the responsibility of the bidder to understand the manner in which items are being sold. When the auctioneer says “one times the money” or “all for one money” it means that the item(s) are being sold as a lot. If the auctioneer says “times the bid” or “times the money” it means that the bidder will pay the bid amount times the number of items in the lot. THE BIDDER MUST UNDERSTAND WHAT HE/SHE IS BIDDING ON AND HOW IT IS BEING SOLD; IF NOT, ASK OR DO NOT BID! NO REFUNDS FOR PURCHASES MADE IN ERROR. Operator error, keystrokes mistakes, misunderstanding of auction structure are bidder’s sole responsibility.
PAYMENTS: All payments are to be made in US funds. Sierra reserves the right to require the purchaser(s) of certain lots to make an additional deposit, within 30 minutes of Sierra’s request, in Sierra’s sole and exclusive judgment. In the event the Buyer fails to place the required deposit, Sierra, 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 their deposit, and be liable for any loss or other cost the consignor and/or Sierra 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 fifth workday following the auction shall place the Buyer in breach of contract. Sierra retains all its legal rights, including, but not limited to suing Buyer to compel specific performance, and/or declaring the Buyer in breach of contract retaining the deposit and barring the Buyer and Buyer’s agents from all future auctions. Sierra, at its sole discretion may offer the goods for sale in a private sale or any future Sierra 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. Sierra reserves the right to require certain Buyers or certain lot purchasers to pay cash only. Sierra reserves the right to change the fee structure, refuse to accept certain credit cards, and/or require cash payments in its sole discretion.
CHARITY VEHICLES: Some of the vehicles sold are marked as charity or donated vehicles. To facilitate title transfer and assist the donor and charity, Sierra has agreed to title these vehicles in our company name, for that purpose only. Sierra assumes no responsibility for these vehicles. Failure to mark the vehicle charity/donated shall not affect the sale or rights of the parties. Sierra’s marking of the vehicle is a convenience only and does not establish any legal obligation.
REMOVAL OF PURCHASED ITEMS: No item may be removed from the auction site until it is paid for in full and partial payments may require an additional deposit for the remaining item(s). All lots must be removed from Sierra’s facility on the date of sale. In certain situations, Sierra, in its sole and exclusive judgment, may allow certain lots Sierra deems difficult to move to be removed no later than 3:00 PM on the third business day following the auction. A DAILY STORAGE FEE shall be charged for all lots not removed on auction day unless Sierra 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 larger than a standard pallet shall be charged $5.00 per day for every 15 square feet of storage space utilized. Sierra DOES NOT OFFER STORAGE SERVICES. Any item not removed by Noon on the fifth business day following the auction will become the property of Sierra, WITHOUT EXCEPTION. Any unsalable items that are not removed will be hauled to the dump at Buyer’s expense. Buyer is solely responsible for the safe removal of all their purchases. Sierra, at Buyer’s request, and in its sole discretion, may assist Buyer in the removal of its goods. Buyer shall be charged Sierra’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 Sierra workdays, Sierra shall charge Buyer 1.5 times its standard hourly rate. Buyer shall hold Sierra, its employees, officers and directors harmless for any and all damage, injury or liability regarding the removal of its purchases, notwithstanding Sierra assistance in item removal. All lots and purchases must be removed in full. No removal of partial lots shall be allowed; inquire about shipping options.
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 SIERRA, 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. Persons attending during exhibition, sale, or removal of goods assumes all risks of damage of or loss to persons and/or property and specifically releases the auctioneer from liability therefor. Neither the auctioneer nor his principal shall be liable by reason for a defect in or condition of the premises on which the sale is held.
SELLER CONFIRMATION AND UNRESERVED ITEMS: Sierra’s policy allows our consignors 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, Sierra 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.
TITLES AND 3-DAY TEMPORARY VEHICLE TAGS: Vehicle titles will be issued in the name of the registered buyer only. No open titles. Each vehicle or equipment sold requiring titles will be assessed an administration fee (currently $40), which is also added to the final bid amount. Computers with internet connection are supplied for the purchase and printing of temporary vehicle tags. A $10.00 fee (subject to change) per title is due immediately and payable in cash.
ARBITRATION: In the event a dispute shall arise between the parties, it is hereby agreed that the dispute shall be referred to an accredited arbitration service in the sole discretion of Sierra. Arbitration shall be in Phoenix, AZ, and held in accordance with the applicable Rules of Arbitration. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
I UNDERSTAND AND ACCEPT THE ABOVE TERMS AND CONDITIONS. ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH NO GUARANTEES OR WARRANTIES. BIDDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTIFICATION, CONDITION, AND/OR USE OF ALL ITEMS PURCHASED. REFUNDS WILL NOT BE ISSUED AS A RESULT OF ANY DESCRIPTIVE ERROR GIVEN BY THE AUCTIONEER OR AS A RESULT OF A BUYERS FAILURE TO PROPERLY IDENTIFY THE ITEM, ITS CONDITION OR USABILITY. I ACKNOWLEDGE THAT SIERRA IS NOT LIABLE FOR ANY INJURY OR LOSS TO MY GUESTS OR MYSELF.
* Debit cards qualifying for discounted Buyer’s Premium are non-reward consumer debit cards from major financial institutions ONLY. Cash discounts offered by Seller on all types of payments are at Seller’s sole discretion.