Auction Terms & Conditions Terms and Conditions:
1. IDENTIFICATION: All participants are required to register prior to becoming an Approved Bidder. All Participants are required to give full name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, valid credit card and business name.
Subsequent to registration on BidSpotter, approval to bid is at our discretion.
2. DEPOSITS: All Online Registrants will be required to submit the requested Information, including: Drivers License Number and valid credit card in order to be Approved. NO EXCEPTIONS.
INTERNATIONAL BUYERS must submit a refundable deposit of $5000 to be approved to bid, or have arrangements made with our office to be Approved to bid.
3. PAYMENT: Invoices must be paid in full after Sale unless otherwise specified. A BUYER`S PREMIUM OF 18% WILL BE APPLIED TO INVOICE IN ADDITION TO THE SALES PRICE.
Where required by law, ANY APPLICABLE SALES TAX WILL BE APPLIED TO ALL SALES UNLESS BUYER HAS PROPER EXEMPTION. Business and Personal checks may not be accepted without a letter of verification from your bank.
NO MERCHANDISE WILL BE RELEASED UNTIL INVOICE IS FULLY PAID.
4. MANNER OF PAYMENT: Invoices will be emailed within 24 hours of the auction end date. If you are the successful bidder, your credit card will be charged as follows: for amounts less than $5000 the entire balance is due immediately; for amounts greater than $5000-a 25% deposit is due immediately and the remaining balance is due within 48 hours either by Cash, Check, Visa, Master Card, Discover, Wire Transfer, or Payment may be made in the form of cash, Check with Bank Letter of Guarantee, Visa, Master Card, Discover, or wire transfer.
The full purchase price on all lots sold to the same buyer must be paid within the time specified and prior to the removal of any goods. All checks for deposit and balances due shall be payable to the order of Shawn J. Dostie, Auctioneer
5. REMOVAL: All purchases MUST be removed as herein listed: Small Items (Perishable Tools, Machine Parts & Accessories, Etc.) are to be REMOVED on Load out day. WE ASSUME NO RESPONSIBILITY FOR SMALL, CARRIABLE ITEMS LEFT ON PREMISES after load out. Standard Items (Machinery & Equipment) must be removed during announced removal period.
6. Purchases may be removed only on presentation of paid bill. Removal shall be at the expense, risk and liability of the purchaser. Auctioneer shall not be responsible for goods not removed within the time allowed.
7. CONDITION OF ARTICLES
SOLD: Neither the auctioneer nor the seller shall be responsible for the correct description, genuineness, authenticity of, or defect in any lot. , Information was has been provided from sources deem reliable and Shawn J Dostie, Auctioneer makes no warranty or guarantee as to the accuracy of the information herein contained. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. DESCRIPTIONS AND PHOTO'S ARE NOT GUARANTEED. PLEASE MAKE YOURSELF AVAILABLE FOR THE OPEN INSPECTION PERIOD. It is the buyer's responsibility to inspect before bidding.TO AVOID CONFUSION, PARTICIPANTS ARE BIDDING ON ITEMS LISTED IN THE LOT DESCRIPTIONS AND NOT ALL ITEMS SHOWN IN THE PHOTOGRAPHS. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR
PUBLIC EXHIBITION, AND SOLD "AS IS" AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.
Safety Devices: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser`s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and Environmental Protection Agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
10. CLAIMS: NO CLAIMS WILL BE ALLOWED AFTER REMOVAL OF GOODS FROM PREMISES OR LEFT ON PREMISES PAST ALLOWED TIME LIMIT.
11. RESPONSIBILITY FOR NON-DELIVERY: Neither the auctioneer nor the seller, in any event, shall be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the deposit or sum paid on said lot, should the purchaser be entitled hereto.
12. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting purchaser.
13. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer and seller from liability therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.
14. CONTRACT MOVERS: If purchaser wishes to hire or contract with a machinery mover, rigger or other type of outside contractor, PROPER INSURANCE protecting Shawn J Dostie, Auctioneer and the people or company that the auctioneers are conducting the sale for against any or all claims arising from personal injury and/or property damage created by their actions. This requirement is for the auctioneer`s protection - NOT FOR THE PURCHASER`S therefore the auctioneer suggests that the purchaser review the insurance policies of the machinery mover regarding the coverage that they have protecting the purchaser and damage or loss of the equipment they may be moving for the purchaser.
15. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.
16. DISPUTE BETWEEN BIDDERS: The auctioneer`s decision will be final and absolute.
17. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.
18. INDEPENDENT CONTRACTOR: The auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.
19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.
20. RESERVE: The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer or his assigned agents, shall have the right to bid on behalf of the seller. Bidder:
Bidder shall mean the original Bidder on the property offered for sale by Auctioneer and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Bidder is an agent, the agency must be disclosed in writing to Shawn J Dostie, Auctioneer, prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal.
The rights granted to Bidder under these Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise without the express written assent of Shawn J Dostie, Auctioneer. Bidder may not transfer, assign, or otherwise convey these Conditions of Sale or any of the rights herein, and such purported transfer, assignment, or conveyance shall be null and void. No third party may rely on any benefit or right conferred on any Bidder by these Conditions of Sale, and no third party is intended as a beneficiary of these Conditions of Sale.
Bids will not be accepted from minor persons under eighteen (18) years of age without a parent's written consent containing an acknowledgment of the Conditions of Sale herein and indicating their agreement to be bound thereby on behalf of the Bidder.
These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by Shawn J Dostie, Auctioneer or acting as agent or representative of Shawn J Dostie, Auctioneer may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
Governing Law and Enforcement
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Coshocton, Ohio, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of Ohio, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if Shawn J Dostie, Auctioneer prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of Ohio or the United States District Court for the Southern District of Ohio, Eastern Division.
Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either Shawn J Dostie, Auctioneer or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that Shawn J Dostie, Auctioneer shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, Shawn J Dostie, Auctioneer may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio, Eastern Division rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that Shawn J Dostie, Auctioneer may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio, Eastern Division rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if Shawn J Dostie, Auctioneer prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to Shawn J Dostie, Auctioneer, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
CONDUCT OF AUCTION
Before the Auction:
Bidder may attend pre-sale viewing for all of Shawn J Dostie, Auctioneer's auctions at no charge. All property to be auctioned is usually available for physical inspection prior to the sale. Bidder is encouraged to examine lots thoroughly.
Maximum Bids - All Auctions:
To maximize Bidder's chance of winning, Shawn J Dostie, Auctioneer strongly encourages the use of maximum bids. Shawn J Dostie, Auctioneer will then bid for Bidder until the lot reaches Bidder's specified maximum. Maximum bids are strictly confidential.
The fall of Shawn J Dostie, Auctioneer 's hammer indicates the final bid. Shawn J Dostie, Auctioneer will record the paddle number of the Bidder. If Bidder's salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. Shawn J Dostie, Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through UBidNWin.com.
The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
To ensure proper registration, those Bidders intending to bid via the Internet must visit UBidNWin.com and register accordingly. Winning bidders will be notified by Shawn J Dostie, Auctioneer. Shawn J Dostie, Auctioneer is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Shawn J Dostie, Auctioneer reserves the right to close or cancel the Auction at any time at its sole discretion.
Bidding - Internet - Live Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through UBidNWin.com. To ensure proper registration, those Bidders intending to bid via the Internet must visit UBidNWin.com and register accordingly. Winning bidders will be notified by Shawn J Dostie, Auctioneer. Shawn J Dostie, Auctioneer is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with Shawn J Dostie, Auctioneer in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize Shawn J Dostie, Auctioneer 's Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Shawn J Dostie, Auctioneer reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by Shawn J Dostie, Auctioneer in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. Shawn J Dostie, Auctioneer may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: Shawn J Dostie, Auctioneer presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
Seller User Terms
Bidder User Terms