Monarch Certified Appraisal, Brokerage & Auction, LLC.
Terms and Conditions of Sale
Date Published: July, 8 2016 11:48 AM
Terms and Conditions
By registering and/or bidding on any item, the bidder/buyer agrees to of following terms and conditions. Do not register or bid unless you agree to all of the terms and conditions:
1) Registration: To gain bidder/buyer access to this online auction, you will need to register and create a user name and password. Bidders must be 18 years of age or older to register. Staff of age from Monarch Certified Appraisal, Brokerage & Auction, LLC. may also bid. All information provided by bidder/buyer during the registration process must be current, complete, and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process.
2) Changes To Terms and Conditions: At any time Monarch Certified Appraisal, Brokerage & Auction, LLC. has the right to make changes to the Terms and Conditions. The most current published date and time of the Terms and Conditions made prior to the closing of the auction will supersede any prior oral or written Terms and Conditions for this auction.
3) Disclaimer: All lots are sold "AS-IS, WHERE-IS", with all faults, imperfections and errors. Monarch Certified Appraisal, Brokerage & Auction, LLC. and the seller(s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Monarch Certified Appraisal, Brokerage & Auction, LLC. encourages all bidders to inspect lots in person before bidding. Monarch Certified Appraisal, Brokerage & Auction, LLC. has put forth every effort in preparing the catalog for every auction to provide accurate descriptions of all items. however, it is the bidder's responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Any bidder's failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Term and Conditions, pricing, or how to bid; IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, Monarch Certified Appraisal, Brokerage & Auction, LLC. URGES YOU TO NOT BID.
4) Conduct of the Auction: All bids, and credits in this sale will be made in United States Dollars. All bidding increments are determined by Monarch Certified Appraisal, Brokerage & Auction, LLC. and may change at any time. Monarch Certified Appraisal, Brokerage & Auction, LLC. has the right to add, remove, split and join lots at their discretion. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publically display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
5) Bidder's Duty's: Each bidder agrees to keep profile information current, complete all necessary investigation before making any bids and bidding on items/lots wisely.
a) Update Information: Whether you are new or returning bidder, you agree to maintain current and accurate bidder information for your bidder number including contact information, credit card information. Your changes will notify the Auctioneer via the profile changes and may happen before, during and after any auctions.
b) Investigation: You are bidding on items/lots based on the descriptions and photographs. Carefully inspect photos and descriptions and if you are unsure of the condition, completeness, or suitability of items or lots, please bid accordingly.
c) Bidding Wisely: Only bid on items/lots when you are completely satisfied that you want and will pay for them if you are the successful bidder.
6) Max Bid: When you place a max bid, the current bid does not automatically change to your max bid. Your current bid will go the next highest incremental bid and the bid will continue to increase as others bid against you. The bidder is responsible for all bids placed and by placing a Max bid you agree that you will pay up to the max bid amount for the item or lot.
7) Winning Bid: At the closing of the item/lot, the last successful bidder to bid on the item/lot is the winning bidder.
8) Closing: The Auctioneer's online auctions are a simulation of "live" auctions. For this reason, this auction will have a staggered dynamic closing.
a) Staggered Closing: Our Online Auctions begin closing at a rate of 5 auctions per minute, every minute. The Dynamic closing feature can extend the closing time for affected items/lots.
b) Dynamic Closing: In the case of items/lots bid on in the last two minutes before scheduled closing, the items closing time will be incremented by 2 minutes and bidding will continue until the last 2 minutes occur without any bidding.
9) Buyer's Premium, Discounts and Sales Tax: Unless an auction specifies otherwise, a 18% buyer's premium will be charged on all items and lots. All bidders are subject to the same premium and should bid accordingly. For example a hundred dollar lot will be charged $118 on the invoice. Please take into consideration when bidding. The buyer's premium will be discounted 3% for buyers paying with cash or check. Missouri's 5.225% Sales Tax applies.
10) Payment: Monarch Certified Appraisal, Brokerage & Auction, LLC. accepts the following forms of payment: Cash, Major Credit Cards, Personal Checks and Business Checks. Any returned checks will be charged an additional $ 25 processing fee.
a) Cash: In order for Monarch Certified Appraisal, Brokerage & Auction, LLC. to process your winning bid with Cash payment, your Cash needs to be collected in full by the final pickup date and time, otherwise you will be invoiced and charged an additional storage fee.
b) Credit Card: In order for Monarch Certified Appraisal, Brokerage & Auction, LLC. to process your winning bid with a credit card, you must provide a working Visa, MasterCard or Discover associated with your account with sufficient funds available to cover your purchases. All credit card purchases will be due at the close of the auction.
c) Checks: In order for Monarch Certified Appraisal, Brokerage & Auction, LLC. to process your winning bid with a Check, your payment needs to be collected in full by the final pickup date and time, otherwise you will be invoiced and charged an additional storage fee. Any check payments greater than $1,000 will require the check to clear the bank before receipt of purchases. All out of state checks must be accompanied by an irrevocable Bank Letter of Guarantee. The auction company has the right to override any check requirements for any reason.
11) Pickup Purchases: The successful bidder has five business days after the close of the item/lot to pickup item/lot purchased. It is the successful bidder's responsibility to schedule a pickup date and time in the pickup window. All pickup times can be scheduled by emailing info@MonarchCABA.com with desired date and time and phone number we can contact you at to give you confirmation and location for the pickup. In order to pickup the purchased items/lots the buyer must have a paid receipt and a valid driver's license.
12) Issue Reporting: It is important that all issues are reported as soon as possible to info@MonarchCABA.com. After review of the issue it is up to Monarch Certified Appraisal, Brokerage & Auction, LLC. validate if it is an issue, make any changes deemed necessary to correct issue and respond back to you in a timely manner.
13) Disposal of Unclaimed Items: If you abandon or refuse to pay for any item that you win at auction by the end of the 5th business day following the close of the auction, the Auctioneer will have the right to store, resale, dispose or remove of the abandoned or unpaid or item. You agree that you will be personally responsible for all deficiencies including storage, transportation, collection and all legal expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any difference between your original purchase price and the resale price.
14) Non-Delivery: In the unusual event that an item has been totally misdescribed or is unavailable for pickup during the published removal times, you must immediately, within 24 hours, email info@MonarchCABA.com the fully described problem identified and file a claim for non-delivery. You understand and agree that your claim for non-delivery will not be honored if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning bids.
15) Choice of Venue and Claims: Any claim relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) if the claim in question amounts to more than $5,000, than the claim will go to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or (2) if the claim in question is less than or equal to $5,000, than the claim will appear in Clay County, Missouri's Small Claims Court. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be arbitrated or litigated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Clay County, Missouri. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counter party may recover reasonable legal costs and fees. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
16) Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 17 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
17) Liability: In all cases, the Seller's and Auctioneer's liability of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the cancellation or postponement of this auction, or the withdrawal of any lot or item from this auction. In no event will the Auctioneer be liable for lost profits or any consequential, incidental or consequential damages arising out of or in connection with this auction or any related sale or transaction.
18) No Liability: The Auctioneer is not liable for issues caused by other parties.
a) Acts of Third Parties: The Auctioneer is not responsible for any action taken by any bidder, seller or other third party before, during, or after this auction.
b) Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may resell any item, void or suspend any sale, if the Auctioneer determines a transaction to have been affected by any site malfunction.
19) Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its representatives, affiliates, employees, owners, agents, and officers from and against any losses, claims, damages, expenses, liabilities, judgments, costs, and fees, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, property damage or personal injury caused at any sales site or during transportation or removal of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
20) Limitations: These Terms and Conditions do not, nor are they intended to create any franchisor-franchisee, agency, joint venture, partnership or employer-employee relationship. These Terms and Conditions cannot be altered except in writing and published by the Auctioneer.
21) Severability: If any condition, term, paragraph, provision, or other portion of this agreement, or the application of these, to any circumstance, place, or person, is held to be invalid, void or unenforceable, the remainder of this agreement and such condition, provision, term, or covenant as applied to other persons, places and circumstances will remain in effect and full force.
22) Governing Law: These Terms and Conditions will be construed and governed by the laws of the State of Missouri.
23) Questions: For any questions regarding this online auction, please email us at info@MonarchCABA.com.