Full Terms and Conditions
Online Bidder Terms and Conditions
PLEASE READ ALL TERMS AND CONDITIONS BEFORE BIDDING. BY BIDDING, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. PLEASE NOTE THAT ONLINE AUCTION SYSTEMS ARE SUBJECT TO VARIOUS INTERNET SPEEDS. YOU ARE ENCOURAGED TO USE THE MAXIMUM BID FEATURE AND YOU ARE ENCOURAGED TO NOT BID "AT THE LAST SECOND". ENTER YOUR BIDS PROMPTLY TO ALLOW THE ONLINE SYSTEM TO PROCESS ALL BIDS IN A TIMELY FASHION. GOOD LUCK!
Payment Instructions:
Accepted Forms of payment are Visa, MasterCard, Discover and American Express credit cards which will be required to register for the sale, unless other arrangements are made with the Non-Profit Organization.
Ending Sale Times: The Online Auction is divided into three sections, designated Red, White, and Blue. The Online Auction will begin closing at 7:00 pm, October 16 for the Red Section (Catalog no. 1000+), 7:15 pm for the White Section (Catalog no. 2000+) and 7:30 pm for the Blue Section (Catalog no. 3000+).
This online auction will be conducted with dynamic or popcorn bidding. Bidding will be extended if bids are received in the last 5 minutes before closing of a package. A section BEGINS closing at the designated time but bidding on individual packages, lots or items will be extended for 5 minutes if a bid is received within the last 5 minutes prior to closing. These extensions will occur until there are no more bids received prior to the close, or until the seller closes the sale. Seller reserves the right to immediately end bidding on any package. The closing time is when each lot is hammered “sold.” Online Lots may be subject to a reserve price and if lots do not meet the reserve price, the lots will not be “sold” at their closing time. However, GCHOF reserves the right to offer lots not sold during the Online Auction at a later time.
Registration, Bidding, and Inducement to allow Bidding: By registering to bid at this auction, or by bidding at this auction, YOU agree to, and do accept, these Terms and Conditions of Sale. By registering to bid, or by bidding, at this auction, you certify that YOU are at least 18 years of age or that you are participating with the consent and under the supervision of your parent(s) or guardian(s). If you are registering to bid, or bidding, at this auction on behalf of a business entity, you certify that YOU have the authority to bind the business entity to a contract for the purchase of the property or lots. In consideration of your registering and bidding at this auction, YOU agree to 1) provide true, accurate, current and complete information about yourself; and, 2) to maintain and promptly update the registration data to true accurate and complete data; and, 3) to provide accurate credit card information (if requested). YOU understand that providing untruthful or inaccurate identification information to bid or obtain possession of sale lots will subject the bidder to criminal prosecution. As an inducement to allow YOU to register and/or bid at this auction, YOU are certifying that you have funds available to complete the purchase if you are the successful bidder and you agree to not stop payment on any check tendered in payment (if allowed) or not to request any credit card charge backs upon lot(s) you have purchased. The bidder is responsible for all bids placed on their bid number and, once authenticated, the bidding platforms records are conclusive. Gaston County Hall of Fame (GCHOF), at their discretion, can approve or deny bidders. GCHOF reserves the right to accept or deny bidders for any reason. Prior to approval, GCHOF may contact you to determine your credit worthiness. If GCHOF approves your bid, your bid will then be processed in accordance with these terms and conditions. Should your bid for a lot prove successful, GCHOF may contact you to arrange payment. If a credit card is required for registration, GCHOF reserves the right to process your winning bid(s) to the credit card provided during registration. Property sold during this Online Auction becomes the full responsibility of the bidder at the time of payment, and bidder assumes all risk of loss and damage to property at that time. Please ask all questions prior to bidding.
Property Condition, Bidder’s Inspection; Adequacy of Description and Images. All Lot(s) are offered for sale AS IS-WHERE IS with all faults. GCHOF makes no representations or warranties, expressed or implied, as to description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for a particular purpose, merchantability, condition or otherwise concerning the lot(s) and items offered for sale. Descriptions of the items are believed to be correct but are not guaranteed. Occasionally, there may be discrepancies between the catalogue description and the photos. Bidders are warned that they are bidding on the lot as described. Bidders should not rely on the photos, since mistakes do occur, and the wrong photo may be displayed, or other pictured items MAY NOT be included in the lot being offered for sale. When in doubt, contact Cathey Hayes of GCHOF at 704-616-1422 or hayescat31@gmail.com with questions. It is the bidder’s responsibility to conduct his or her due diligence in inspecting the lot(s) and items prior to the auction. Unless otherwise specified, listed lot(s) may be inspected by appointment. YOU are encouraged to inspect the lot(s), or to have the lot(s) inspected by YOUR agent or representative before bidding. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by GCHOF. You further acknowledge and agree that any photographs or other images of lot(s) posted online, or provided to you, are adequate for YOUR purposes. GCHOF reserves the right to add to or delete lot(s) from the sale up to the closing time of each individual lot.
Sale, Payment and Sales Tax: Sales occur when the sale closes online, or when the Auctioneer says “sold” or announces the sale in any other customary method. Upon sale of the lot(s), payment shall be made on the day of sale, unless otherwise agreed in writing or specified in these terms specific to this sale. Payment shall be made by cash, good check or credit card, unless stated otherwise. Any property subject to a sales tax will have the tax collected at the point of sale and remitted to the NC Department of Revenue and to any local taxing authorities as required by law.
Auction Location. The Auction is being conducted in Gaston County, North Carolina. These Bidder Terms and Conditions are entered in Gaston County, North Carolina, regardless of the physical location of the Bidder, the Seller, or the Auctioneer. All property is being offered for sale in Gaston County, North Carolina and will be sold in Gaston County, North Carolina. Each bidder has made a willing and knowing election to participate in the auction, and to engage in the transactions arising from and/or related to the auction, in Gaston County, North Carolina.
Delivery, Pick-up and Appointment of Agent. All lots will be delivered to YOU at Gaston County Conference Center in Gastonia, North Carolina North Carolina in Gaston County, North Carolina. Unless another designation is made in writing and agreed to by GCHOF and the buyer, all sales are for LOCAL PICK-UP ONLY and YOU shall accept delivery of YOUR purchases in Gaston County, North Carolina or YOU or your agent, shall arrange for shipment or delivery of YOUR property to a location designated by YOU. However, neither Parker Benefit Auctions, nor GCHOF, is responsible for any packing, crating, loading or shipping. Shipping and handling costs are the sole responsibility of the buyer. Furthermore, neither Parker Benefit Auctions nor GCHOF will provide labor, equipment, tools or supplies needed to package or remove purchases. Buyer should bring sufficient tools and labor to disconnect and load the buyer’s purchases. Buyer is responsible for proper disconnection of all appliances. Any damage caused by a buyer or other party during the inspection or removal periods must be made good by buyer or party causing the damages.
Abandonment after Failure to Pay or Pick-up; Storage Fees: Property shall be deemed Abandoned if the buyer fails to make payment within seven (7) days of the auction. Property is available for LOCAL PICKUP ONLY. Property shall be deemed Abandoned if the buyer fails to pick-up the property within seven (7) days of the auction, whether it is paid for or not. The buyer forfeits all rights to property (including title) with respect to lots that are deemed abandoned, whether paid for or not. No refunds or charge-backs will be granted due to a failure to pick-up or remove the property. Upon abandonment, the “buyer” forfeits all claims to ownership and title will revert to the Seller. In cases of the sale of abandoned property, the original bidder forfeits the right to any sale proceeds upon resale. Subject to applicable law, beginning five (5) days after the Auction, and continuing until the removal or other disposition of any lot(s) not picked-up or removed, a storage charge in the amount of $10.00 per day will accrue and auctioneer will have a possessory lien against such lot(s) that may be executed on to satisfy such storage charges. If abandoned property is subsequently sold, YOU will not be entitled to any proceeds from the sale of such abandoned property. However, the seller (GCHOF) may seek damages in the amount of storage fees and/or the difference between the original sale price and the subsequent sale price at the seller’s discretion.
Pickup:
Unless other arrangements are made with GCHOF, lots may be picked up at:
The Gastonia Conference Center
145 ML King Jr. Way, Gastonia, NC 28052
Pickup Date: October 16, 2021
Pickup Times: Between 9 pm and 11 pm
Any item not picked up at this pickup time will be deemed abandoned with no notice to buyer unless arrangements have been made with seller or Parker Benefit Auctions prior to the end of pickup time. No refunds or charge-backs will be granted due to a lack of removal during the designated pickup times. Parker Benefit Auctions is NOT responsible for any packing, crating, loading or shipping. Shipping and handling costs are the sole responsibility of the buyer. Furthermore, neither Parker Benefit Auctions nor seller will provide labor, equipment, tools or supplies needed to package or remove purchases. Buyer should bring sufficient tools and labor to disconnect and load the buyer’s purchases. Buyer is responsible for proper disconnection of all appliances. Any damage caused by a buyer or other party during the inspection or removal periods must be made good by buyer or the party causing the damages
Governing Law, Jurisdiction, Venue, Waiver of Jury Trial. These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes and other matters between the parties will be brought in the state or federal courts sitting in and for Gaston County, North Carolina which courts shall have exclusive jurisdiction, and will be the exclusive venue, for all such claims, disputes and other matters. By submitting a Bidder Registration and accepting a Bidder Number or establishing a Bidder Account YOU irrevocably and unconditionally (1) agree that any claim, suit or cause of action relating to these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the State or Federal courts sitting in and for Gaston County, North Carolina, (2) consent to the jurisdiction of such courts for any such claim, suit or cause of action, (3) waive any objections that YOU may have to the laying of venue of any such claim, suit or cause of action in such courts; and (4) waive any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. YOU knowingly and voluntarily waive trial by jury.
General Caveats:
- Seller is a non-profit organization, but neither seller nor the auctioneer warrants any portion of the purchase price of any lots to be tax deductible. Buyer should consult a tax attorney or accountant to determine tax deductibility of any purchases in this auction.
- The Auctioneer and GCHOF reserves the right to extend online bidding, continue online bidding or close online bidding earlier than advertised.
- The Auctioneer and GCHOF reserves the right to cancel, suspend, extend or reschedule an individual lot or auction event.
- The Auctioneer and GCHOF reserves the right to make changes to the auction closing times or inspection or removal times.
- Neither GCHOF, the Auctioneer nor the online bidding software and service provider shall be held responsible for missed bids or failure of the software to function properly for any reason.
- Bids that have caused another bidder to be outbid will not be reversed during the auction or after the auction has begun to close.
- Notifications may be sent to registered bidders with updated information as deemed necessary by the Auctioneer or GCHOF.
- Color of items in photos may be different that actual items due to lighting or photo and computer variations. YOU should rely upon your own inspection to determine to your satisfaction the condition, age and fitness of the listed equipment, vehicle or item.
- When viewing the sale on a computer or cell phone, YOU SHOULD REFRESH YOUR SCREEN OFTEN TO ASSURE THAT YOU HAVE THE MOST CURRENT SALE INFORMATION.
- It is the buyer’s responsibility to inspect all aspects of the lot(s) or items being offered for sale. By placing a bid, YOU warrant that YOU or YOUR AGENT have personally inspected the lot and are satisfied that it meets your needs or that you have waived your right to inspection. No sale shall be invalidated by the buyer because of failing to conduct their own inspection prior to placing a bid or doing their due diligence.
- Reported mileage and hours are those shown on the odometer or hour meter at the time of inventory and may not be accurate, YOU should rely upon your own inspection to determine to your satisfaction the condition, age and fitness of any listed equipment or vehicles.
- All firearm transactions are between the buyer and the seller, since the auctioneer is merely acting as the Seller’s Agent. All handgun buyers will need a permit or a concealed carry license to purchase a handgun.
- Alcohol sales will not be allowed to persons under 21 years of age and winning bidders should be prepared to show valid ID prior to picking up their purchased lots.
- Parker Benefit Auctions are not responsible for any injuries to bidders, guests or others during a live auction, viewing, delivery or pickup.
- Enjoy the auction, lets support this non-profit by bidding early and often!
- Additional donations may be made at time of pickup, just tell the seller that you want to increase your donation!
An internet convenience fee of 6% will be added to your total bill to cover the cost of administering the online auction. Accepted Forms of payment are Visa, MasterCard, Discover and American Express credit cards which will be required to register for the sale, unless other arrangements are made with the Non-Profit Organization.
The Online Auction will begin closing at 7:00 pm for the Red Section (Catalog no. 1000+), 7:15 pm for the White Section (Catalog no. 2000+) and 7:30 pm for the Blue Section (Catalog no. 3000+). Bidding will be extended if bids are received in the last 5 minutes before closing of a package. Seller reserves the right to immediately end bidding on any package.
Payment is due at the close of the online auction. Registered credit cards will be billed at the close of the online auction. Pickup is expected following the close of the online auction.
By bidding in this auction, you are agreeing to be bound by the FULL terms and conditions - please read the full terms and conditions prior to bidding.
To be added later
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