NOTE: Special terms and conditions take precedence over these general terms and conditions. Most real estate auctions will have special or additional terms such as: “Free and Clear” or “Subject To…”. Please carefully read the individual item description for special terms.
REGISTRATION: Each bidder must obtain a bidder number. All bidders are required to register and provide the necessary information requested. Bidders are required to enter credit card information for a card with available credit of at least $200, the card will not be charged, it will just be used to verify sufficient available credit. Bidders are responsible for all purchases made with his/her number, whether by the registered bidder or by anyone he/she might allow to use their number. As a registered bidder, you acknowledge and agree that you have read and fully understand the Terms and Conditions of this Auction, and agree to be bound thereby.
DEFAULT: In default, the second highest bidder may be given the option to become the successful bidder at his/her last bid, at the auctioneer's discretion. The bidder in default will be responsible for the difference in the bids, or the entire amount of his/her bid should the second highest bidder not take the option to become the successful bidder. The default bidder will also forfeit his/her deposit. A service charge of 1-1/2% per month, 18% APR, will be added to all overdue accounts. The bidder in default is also liable for all legal and collection fees.
NO WARRANTY: Except if there are special real estate title terms, there is no warranty relating to title, possession, quiet enjoyment or the like in this disposition. Please see individual item description for any special terms. Every property in this auction is being sold "AS IS - WHERE IS" to the highest bidder, without warranty or guarantee of any kind. ALL SALES ARE FINAL.
CONDITION OF ITEMS SOLD: The auctioneer shall not be responsible for the correct description, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold ""as is"" and without recourse. Vehicle emissions on items sold are the sole responsibility of the purchaser.
NOTE: Even if items are paid in full, they may be deemed abandoned at the auctioneer's discretion at 4:00PM the second business day following the auction, and become the property of Cunningham & Associates, Inc. OR at the auctioneer's discretion, a $15.00 storage fee per lot will be charged per day if the items are not picked up by the second business day following the auction. Storage fees must be paid prior to removal of the items.
PERSONAL AND PROPERTY RISK: Persons attending an open house or preview, assume all risks of damage of or loss to person or property and specifically release the auctioneer from liability therefor. Neither the auctioneer nor his principal(s) shall be liable by reason of any defect in, or condition of, the premises at which the preview or sale is held.
DISPUTE BETWEEN BIDDERS: If any dispute between bidders occur, the auctioneer may decide to put the lot up for sale again. The auctioneer’s decision is final and absolute.
THE BIDDER MUST UNDERSTAND WHAT HE/SHE IS BIDDING ON AND HOW IT IS BEING SOLD. NO REFUNDS.
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.
RECORD: The record of sale that is kept by the auctioneer or his clerk will be taken as final word in the event of a dispute.