BIDITUP AUCTIONS WORLDWIDE, INC.
BIDDERS BINDING CONTRACT
BIDITUP AUCTIONS WORLDWIDE, INC, HEREIN AFTER REFERRED TO AS BIDITUP, AUCTIONEER AND SELLER.
BIDDER HEREIN AFTER REFEREED TO AS BIDDER, REGISTERED BIDDER, PURCHASER, UNDERSIGNED AND BUYER.
THIS AUCTION WILL BE CONDUCTED PER THE TERMS AND CONDITIONS BELOW AND SUPERSEDED BY ALL OTHER PROVISIONS, AMENDMENTS, MODIFICATIONS AND ANNOUNCEMENTS ADDED BY AUCTIONEER AT ANYTIME PRIOR TO OR DURING THE AUCTION SALE AND OR AS POSTED ON WWW.BIDITUP.COM. BIDDER HEREBY AGREES AND ACKNOWLEDGES AUCTIONEER IS NOT RESPONSIBLE OR LIABLE FOR BIDDERS ACKNOWLEDGEMENT OF ANY SUCH ANNOUNCEMENTS AND BIDDER ASSUMES ALL RISKS AND LIABILITIES BELOW ONCE IT BIDS.
AUCTIONEER SHALL HAVE THE RIGHT TO MAKE IMAGE AND AUDIO VIDEO RECORDINGS OF THE AUCTION, TO USE SAID RECORDINGS AND IF DEEMED APPROPRIATE IN AUCTIONEERS SOLE DISCRETION TO MAKE THIS PUBLIC. BUYERS HEREBY GIVE THEIR PERMISSION AND CONSENT BY PARTICIPATING IN THE AUCTION.
Auctioneer at its sole discretion may deny entry, registration or bidding at any time to any person or entity. Bidder's paddles and invoices are nontransferable. All bids made by the holder of the bid paddle will be the responsibility of the Registered Bidder, Bidder and the Undersigned. All sales are final and there are no refunds, returns, credits, exchanges or rebids once the Auctioneer knocks down the item or declares it sold to the Bidder.
The Bidder, Registered Bidder, Purchaser, Undersigned and Buyer agree a successful bid at auction constitutes a legally binding contract of sale and this contract is binding upon the Registered Bidders Company, the Bidder, Purchaser, Undersigned and Buyer personally for all amounts due and owing at the conclusion of bidding and time of invoice.
BUYER BEWARE AND CAVEAT EMPTOR.
“THE BUYER ALONE IS RESPONSIBLE FOR CHECKING THE QUALITY AND SUITABILITY OF GOODS BEFORE A PURCAHSE IS MADE."
Auctioneer makes no representations, warranties, promises, covenants or guarantees, expressed or implied, as to defects in or the completeness or accuracy of the description in any advertising of any item(s) being auctioned and is not responsible for any advertising discrepancies, descriptions, nomenclature or inaccuracies of any kind. ALL ITEMS ARE SOLD ON AN “AS IS, WHERE IS" BASIS AND WITH ALL FAULTS WITHOUT EXCEPTION AND WITH REMOVAL AT BUYERS SOLE RISK AND EXPENSE. THE AUCTIONEER MAKES NO REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS OR GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE NATURE, QUALITY, DURABILITY, CAPABILITY, FUNCTION, PERFORMANCE, VALUE OR CONDITION OF THE ITEM(S) BEING AUCTIONED OR ITS (THEIR) SUITABILITY FOR ANY USE. THE AUCTIONEER EXPRESSLY AND SPECIFICALLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Undersigned hereby waives, releases, remises, acquits and forever discharges the Auctioneer, and their respective employees, agents, or any other person acting on behalf of the Auctioneer, of and from, and shall indemnify and hold the Auctioneer and their respective employees, agents, or other persons acting on behalf of the Auctioneer and against any claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the undersigned now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any item(s) purchased or any law or regulation applicable thereto. The undersigned specifically waives the provisions of California Civil Code section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The Auctioneer encourages the Undersigned to avail itself of the opportunity to make inspections prior to bidding and/or purchasing. The Undersigned hereby acknowledges that it has inspected or voluntarily waived said inspection of all of the items upon which it will be bidding and/or does purchase. Once the Auctioneer knocks down the item or declares it sold to the Bidder, there are no credits, returns, exchanges, refunds or rebidding unless at the Auctioneers sole discretion and such request for rebid is made directly to the Auctioneer and within no more than 5 minutes from the Bidder after the item has been sold. No claim will be considered for allowance or rescission of any sales based upon failure of the property to correspond with any standard expected.
In order to participate in the auction, all Bidders must provide Auctioneer a 25% deposit, in cash, cashier's check or company check accompanied by a bank letter of guarantee of unqualified payment to Auctioneer, or a wire transfer (with a wire transfer fee included) of your maximum expected spending. The final payment in full of Bidders invoice must be received by Auctioneer within the first banking day 24 hours after the auction or the Buyer will be in default of this Contract. The Auctioneer will charge all Bidders a taxable sur charge buyer's premium on its invoice. The Undersigned shall provide proof satisfactory to the Auctioneer of its entitlement to claim exemption from sales tax, which proof must be representative of the same industry as the item(s) that are purchased. In the absence of proof satisfactory to the Auctioneer, the Buyer shall pay all taxes. The Auctioneer will not be responsible for any Department of Motor Vehicle fees, tax, registration, licensing, penalties, smog certificate or fees. Certain vehicles as announced and/or noted in the auction catalogue or on Buyers invoice will be sold “AS IS," with a Bill of Sale only, Each titled item will be charged a $75 title transfer fee. If available by Auctioneer, titles will be sent to Buyers approximately 7-10 business days after receipt of payment. There will be no refunds if Auctioneer is unable to produce a title. Sales tax on Motor Vehicles is the responsibility of the Buyer to be remitted to its appropriate states Department of Motor Vehicles. All vehicles are sold “AS IS, WHERE IS, WITH NO WARRANTIES EXPRESSSED OR IMPLIED." It is the Buyer's responsibility to inspect the vehicle to verify accurate description, model, year, mileage, condition and any and all details pertaining to the vehicle. Auctioneer is not responsible for any inaccuracies of any kind. Credit cards are not accepted.