Terms Of Sale
- Bidders will be identified by number rather than by name. Auctioneer will record all sales under your registration number only.
- All articles of merchandise are offered " As is and Where is" in units of measure as announced at the time of sale. No claim will be considered for allowance adjustment or recession of any sale based upon the failure of the property to correspond to any particular standards or expectations of the buyer. Auctioneer may state the year of manufacture of certain equipment however it is the responsibility of the buyer to ascertain, by his own means the correctness of year, model, prior to bidding. The auctioneer reserves the right to group, modify, increase, diminish or delete lots at this sole and absolute discretion.
- The auctioneer may refuse to accept or acknowledge any bid which is merely a fractional advance over the preceding bid, and in the event of a tie bid, the auctioneer may re-open the bidding to determine the highest bidder. All sales are final upon the award of bid. THE FULLEST PURCHASE PRICE SHALL BE PAID SALE DAY AND IN ANY EVENT PRIOR TO THE REMOVAL OF ANY LOT. In the event the purchaser fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of sales, the auctioneer shall retain a possessory lien on all lots of the purchases, any and all of the purchaser's merchandise in the possession of the auctioneer. Purchaser shall pay all deficiencies resulting from such re-sale, together with all charges, fees, commissions and expense in connection with such re-sale. The auction deposit shall be retained by the auctioneer for application against any such deficiency, expense or charge.
- Upon the award of bid title (subject to auctioneer's possessory lien) and, all risk of loss, damage to or destruction of the purchased item, passes to the purchaser and auctioneer shall have no liability whatsever for any damage to or destruction of any such lots. PURCHASER SHALL MAKE HIS OWN ARRANGEMENTS FOR INSURANCE COVERAGE FOR ALL ITEMS PURCHASED.
- The purchaser hereby agrees to indemnify and hold harmless Gould Auction and Appraisal Company and the seller, against any and all liability, loss, costs, damages and other expenses arising from the loading out of equipment by Gould Auction and Appraisal Company on the purchaser's behalf.
- No lots may be removed until the conclusion of the auction although invoices are available for payment at any time. All lots must be removed within the time announced or posted at the sale, at purchasers sole cost and risk, and only in a manner approved by auctioneer. If for any reason the purchaser fails to removed any lot within the time specified, the lot shall be deemed abandoned, and the auctioneer may re-sell per Paragraph 3 above, or remove from the auction site, and/or store the said lots at purchaser's sole risk and expense. In addition, purchaser shall be liable for any rent incurred or damages suffered by auctioneer because of the purchaser's failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, purchaser shall furnish certificates, satisfactory to auctioneer, holding auctioneer harmless for any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal, shall itself be removed with the purchased lots.
- Sales taxes will be added to the purchase price of all taxable items. Dealers who purchases fore-sale must pay said sales tax or provide a re-sale certificate oto the auctioneer in the name of the registrant before items are removed from sale site. Purchaser must also comply with all local laws and all ordinances regarding sale of property at auction.
- IF FOR ANY REASON WHATSOEVER THE AUCTIONEER FAILS TO DELIVER AN AWARDED LOT, THE AUCTIONEER'S SOLE LIABILITY SHALL BE THE RETURN OF ANY DEPOSIT OR MONIES PAID FOR SUCH NON-DELIVERED LOT THIS DOES NOT INCLUDE LOST OR STOLEN ITEMS.
- All rights, privileges and powers reserved or granted to auctioneer in these Terms of Sale shall be deemed reserved and granted to auctioneer's employees.
- Auctioneer does not accept responsibilty for the failure of any equipment sold to meet the safety standards on classifications of equipment by the Department of Labor Safety and Health Regulations, CAL-OSHA, Federal OSHA or the Environmental Protection Agencies. It is the express responsibility of the buyer to determine what safety equipment must be in service on any machinery purchased and to comply with those regulatory requirements prior to using any equipment, machinery or vehicles purchased from Auction.
- The purchaser is solely responsible for obtaining a California Smog Certificate for any vehicle purchased. Buyer herby certifies and acknowledges his/her understanding that a certification of compliance is required to be obtained, certifying that any vehicle specified in subdivison (b) of section 24007 of the Vehicle Code Complies with the provisions of part V.
- In the event Gould Auction and Appraisal Company is required to employ an attorney to enforce any term of the agreement, purchaser agrees to pay reasonable attorneys fees, in addition to all court costs.
Gould Auction and Appraisal Company is not responsible for lost or stolen items