By registering with Davis Auctioneers, L.P., hereinafter referred to as Auctioneer, the bidder (also called buyer) enters into an agreement to the following terms and conditions and agrees to abide by such. Photo ID or driver’s license required for registration.

1. All persons desiring to bid or purchase must register with Auctioneer and obtain a bidder number prior to bidding on any merchandise. A bid by any person shall be conclusive proof that the bidder has made themselves familiar with the terms and conditions contained herein.

2. All items are sold AS IS-WHERE IS with NO WARRANTIES OR GUARANTEES expressed or implied. Auctioneer or Seller shall assume no liability and will not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, discount, set aside, or refund shall be made on account of any incorrectness, error in cataloging, imperfection, defect, or damage. Any and all descriptions or representations are for identification purposes only and are not to be construed as authenticated or as a warranty of any type. It is the sole responsibility of the buyer to have inspected the merchandise thoroughly and to have satisfied themselves as to its condition, value, authenticity, origin, genuineness, usefulness, or description. Buyer shall base their bid accordingly upon their judgment solely. All sales are final. Auctioneer and/ or Seller assume no liability for errors or omissions.

3. Full payment must be made day of sale. Payment may be made during the sale or within One (1) Hour of conclusion of sale. Payment must be made in full prior to bidder leaving auction site for any reason. Payment must be made in full before merchandise can be removed from the sale site.

4. Payment may be made in the form of cash, cashier's check, personal or company check with bank letter of guarantee, MasterCard, or VISA. Bank letter will be made to Davis Auctioneers, L. P. The maximum fee allowed by law will apply for any returned checks, NSF, etc... regardless of reason. Bidder agrees not to stop payment on check. Bidder agrees not to dispute credit card charge without first notifying Auctioneer and allowing Auctioneer to make correction to any errors.

5. All items are subject to Texas State Sales Tax and will be collected unless the buyer has a current sales tax number on file with the Auctioneer.

6. ALL purchases will be subject to a 10% buyer’s premium and will be added to the total purchase price of any and all items. Sales tax will apply to buyers premium according to state tax law unless item 5 above prevails.

7. Auctioneer reserves the right to reject any and all bids and/or to bid as agent on behalf of the Seller, any absentee bidder and/or the Auctioneer as buyers. Auctioneer reserves the right to withdraw from or add to auction any item before or during the sale. Auctioneer reserves the right to resell any item not paid for in full on sale day. Buyer shall be responsible to the Auctioneer for any and all expenses of collection and resale and any damages that may arise from the resale. Auctioneer reserves the right to group, subdivide, sell lots times the money, or sell lots in bulk when it is in best interest of the Seller.

8. Auctioneer will announce successful buyer after an item is sold. Title to property passes from Seller to buyer at that point and buyer assumes full risk and responsibility of loss and/ or damage to property until its removal. All merchandise must be removed day of sale, unless other arrangements have been made with Auctioneer.

9. In the event of tie bids or dispute of such, bidding will be reopened at Auctioneers discretion between those buyers only. Designation of winning bidder by Auctioneer will be final.

10. All persons attending preparation, inspection, sale, or removal of merchandise assume all risks whatsoever of damage or loss to person or property and specifically release the Auctioneer and/or Seller from all liability therefore. The Auctioneer and /or Seller shall not be liable by reason of any defect in or condition of the merchandise or premises on which the sale is held.

11. No selling or trading between buyers on or within the auction premises during or after the sale. All merchandise must be physically removed from the auction site prior to any sale of merchandise by the buyer.

12. It is the sole responsibility of the buyer to check federal, state, and local laws governing the purchase, possession, and transportation of all items.

13. NO smoking allowed in auction facility, homes, or offices where auction is conducted.

14. NO personal firearms or concealed weapons allowed within auction facility or site.

15. Any announcements in regards to terms and conditions or additions or deletions made day of sale, prior to or during auction, supersede any and all other advertising and/ or announcements.

 

This Auctioneer is licensed and regulated by the Texas Department of Licensing and Regulation and is covered by the Recovery Fund which is administered by the T.D.L.R. Licensure with the Department does not imply approval or endorsement by the State of Texas. Unresolved complaints should be directed to:

 

Texas Department of Licensing and Regulation

P. O. Box 12157

Austin, TX 78711

512-463-2906

 

• Check specific auction info for additional terms and conditions specific to that auction                                                                                 5-29-08

Special Terms for Storage Site Auctions

1. NO ONE under the age of sixteen (16) will be admitted to the auction under any circumstances. Anyone under the age of sixteen must remain at the front office and be accompanied by a parent or adult.
2. Bidders may view items from the opening of the doorway of the unit ONLY. You may not touch or handle any of the items or step inside the door. What you see from the door is what you will be bidding on unless noted otherwise.
3. The contents of the units are sold "AS IS", " WHERE IS". There are no warranties or guarantees.
4. Payment is due at the conclusion of each auction at each location in CASH ONLY.. No checks or credit cards will be accepted under any circumstances. No time will be allotted for securing funds from ATM machines. Payment must be made immediately upon conclusion of the auction of the last unit sold at that location and before removal of any merchandise from the premises.
5. Sales tax will be charged on each unit unless the successful bidder has a resale certificate and number furnished to Auctioneer at each auction.
6. Units must be completely emptied and all items removed within the timeframe designated by that facility; generally 24-48 hours. You may NOT use the on site dumpster.
7. A Cleaning Deposit may be required at each location. Units should be left broom swept clean.
8. Personal items are to be left with the facility manager. A box will be provided if necessary. Personal items include, but are not limited to; photographs, photograph albums, birth certificates, death certificates, diplomas, tax records, anything with a Social Security Number, and other items of that general nature.
9. The Auctioneer, at all times, reserves the right to: (A) Revoke the bidding privileges of any bidder, and/or; (B) Refuse a bid that is merely a fractional advance of the preceding bid, and/or; (C) Cancel the sale anytime prior to having said "SOLD"
10. Persons, while attending the auction, and/or during the removal of goods from the premises, assume all risk for personal and/or property damage. Therefore, neither the Auction Company nor it's Principal shall be liable by reason of a defect in or of the condition of the premises at which the auction is held.
11. Successful bidders are to place their own locks on doors to the unit they purchase. Do not ask the facility management to put a lock on a unit for you.
12. Successful bidders immediately become the new owners of the contents of the unit they have purchased. As such, they are the only persons authorized facility access, and then only for the purpose of entering those specific units. Successful bidders MAY NOT resell the contents of a unit on site to a third party. The successful bidder is solely responsible for disposal of the contents of any and all units coming into their possession by way of the auction.
13. It is the responsibility of the Bidder to make sure their bid(s) can be seen or heard by the Auctioneer.
14. Locations listed are possible locations for that day. All locations may or may not be on the auction list for that day. The order of the auction list is subject to change without any prior notice.
15. The Auctioneer reserves the right to voice record each auction for verification of the conduct of the sale, unit price, and any other necessary documentation.
16. Announcements made day of sale supercede any and all other announcements and information. Terms are subject to change without notice.
17. Persons attending the auctions agree to abide to the terms listed above and/ or any other terms that may apply at each auction. Failure to abide by such terms can result in those persons being removed from the auction and/ or any future auctions conducted by the Auctioneer, the facility, or any combination thereof. These terms are in effect for all storage auctions for this date and all future storage auctions until such time that these terms and conditions are revised.

01-28-2006