Sunday, May 29, 2016

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Auction Disclaimer

Yavapai County can add or withdraw items from the auction any time, up to, and including, the day of the auction. Pictures are representations of the item and may not be the actual item auctioned.

PLEASE NOTE: 15% Buyers Premium, $40 Admin Title Fee plus $35 Internet Bidding Fee per Vehicle. We offer a discounted Buyers Premium of 12% if paying with cash or cash equivalent. (cash, wire transfer, direct deposit, cashier’s check, personal debit*,)

If you make a bid error you must contact Proxibid before the start of the live auction to have your bid removed at 1-877-505-7770.

Sierra reserves the right to require the purchaser(s) to make a $500 refundable deposit. In the event the Buyer fails to place the required deposit or make final payment of items won, Sierra, in its sole and exclusive judgment, may declare the buyer in breach of contract, retain the deposit and bar the Buyer and Buyer’s agents from all future auctions

Upon a successful bid using the Proxibid online system, Sierra Auction reserves the right to IMMEDIATELY charge your credit card the deposit of $500.00 to hold your bid until full payment is made. Sierra Auction reserves the right to charge your credit card up to $500 or 10% of the invoice amount if buyer refuses to pay total invoice.

All Non-Vehicle related internet purchases will charged to the Credit Card on file, after the Sierra Auction invoice has been issued.

All Vehicle/Heavy Equipment related internet purchases must be made via wire transfer or paid in person in cash or cash equivalent (cashier’s checks, wires, bank transfers, debit card*, at Seller’s discretion).

All payments must be received by Sierra Auction no later than the One Business Day immediately following the date of the auction. Sales Tax will be charged on all purchases, unless seller has been provided with a valid and legal Resale Tax License and completed Arizona Form 5000 Tax Exempt Certificate.

If you are unsure of our payment policy, please don’t hesitate to contact our office prior to bidding.

* Debit cards qualifying for discounted Buyer’s Premium are non-reward consumer debit cards from major financial institutions ONLY. Cash discounts offered by Seller on all types of payments are at Seller’s sole discretion.

TERMS & CONDITIONS OF SALE

PLEASE NOTE: 15% Buyers Premium, $40 Admin Title Fee plus $35 Internet Bidding Fee per Vehicle. We offer a discounted Buyers Premium of 12% if paying with cash or cash equivalent. (cash, wire transfer, direct deposit, cashier’s check, personal debit*,)

The following conditions of sale make up the entire terms and conditions on which items listed in our catalog, on the internet web site and addendum sheets will be offered for sale or sold by Sierra Auction Management, Inc. (known hereafter as ‘SIERRA” and “Auctioneer”). All bidders who participate by bidding in this auction via the internet agree to the terms and condition of sale and agree to be bound by same. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions of sale. The purchaser’s rights and our respective rights and obligations hereunder are governed by Arizona law. By bidding at our auction whether in person or by agent, sealed bid, telephone bid, via the internet or other means, the buyer or bidder agree that the contract created by these conditions of sale is made and performed in the County of Maricopa, State of Arizona and further agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Maricopa County. AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE BUYER INCLUDING BUT NOT LIMITED TO THE BUYER BIDDING ON THE WRONG LOT.

REGISTRATION: All Buyers must register online prior to bidding. Please register early to save time! Sierra reserves the right to deny access to its premises to any Buyer, visitor, or guest in its sole discretion. Sierra may revoke any bidder’s rights to bid at any Sierra auction, or all future Sierra auctions in its sole discretion. You are responsible for all purchases made with your number, whether by you or by anyone you might allow to use your number. These terms and conditions shall remain in full force and effect for all future Sierra auctions until revoked by Buyer in writing, and acknowledged by an officer of Sierra. Sierra reserves the right to change these terms and conditions at any time in its sole discretion and without notice. Recording of the auction is strictly prohibited; no still, video or audio recording can be made without the express written permission of Sierra. No firearms allowed pursuant to A. R. S. section 4-229.

Although there is no Deposit required to bid online, you must provide Valid Credit Card information at time of Registration.

TAXES: 8.30% Sales Tax will be charged on all purchases, unless seller has been provided with a valid and legal Resale Tax License and completed Arizona Form 5000 Tax Exempt Certificate.

EXCEPT WHERE NOTED, ALL SALES ARE FINAL. ALL ITEMS ARE SOLD “AS IS-WHERE IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OR GUARANTEES THAT TITLED ASSETS WILL PASS EMISSIONS. Catalog, web, and ad descriptions are NOT GUARANTEED. Sierra is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions even if caused by Sierra’s gross negligence. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, SIERRA URGES YOU NOT TO BID. YOU MAY NOT RELY ON SIERRA’S DESCRIPTIONS OR INFORMATION, WRITTEN OR VERBAL. The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller. All auction sales will be recorded by audio and/or in writing. This recording of the bidder’s number and the bid amount shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Please clearly show your bidder number to the auctioneer. Please confirm the auctioneer correctly states your bidder number and the final bid amount. Sierra is not responsible for any loss or damage to any sold auction items. Title (ownership) and risk of loss or damage transfers to Bidder as soon as each individual lot is sold, subject only to Sierra’s right to reconcile the auction. Errors by auctioneer shall make the sale voidable at auctioneer’s sole discretion. Sierra is not responsible for accidents, damages or stolen goods. All counts are approximate. Purchaser should monitor their purchases during the auction; if it is damaged or missing it is the bidders’ responsibility. Sierra urges all Bidders to remove all lots from the auction site as soon as possible, and no later than the close of business on auction day, with safety and security as the top considerations. ABSOLUTELY NO REFUNDS.

ODOMETER READING: In Arizona there are three Vehicle Title classifications for Odometers, they are BOX A – Actual Mileage; BOX B – Mileage exceeds the mechanical limits of the odometer; BOX C – True Mileage Unknown, the letter following the mileage denotes which box is checked on the title.

PAYMENTS: All payments are to be made in US funds. Acceptable payment types: cash, wire transfer, direct deposit, cashier’s check, debit*, or credit card. NOTE: Credit cards cannot be used to pay for vehicles. Sierra reserves the right to require the purchaser(s) of certain lots to make an additional deposit, within 30 minutes of Sierra’s request, in Sierra’s sole and exclusive judgment. In the event the Buyer fails to place the required deposit, Sierra, in its sole and exclusive judgment, may declare the buyer in breach of contract, and re-auction the lot, and bar the Buyer from future bidding. Buyer will forfeit their deposit, and be liable for any loss or other cost the consignor and/or Sierra incurs in re-auctioning the lot. No lots may be removed in part or in full until paid in full. A DAILY LATE PAYMENT FEE shall be charged on all lots not paid for in full by 3:00 PM on the first workday following the Auction. The DAILY LATE PAYMENT FEE SHALL BE equal to 3% of the outstanding balance of each lot or $10 per lot, whichever is greater. Any lot not paid for by 3:00 PM on the fifth workday following the auction shall place the Buyer in breach of contract. Sierra retains all its legal rights, including, but not limited to suing Buyer to compel specific performance, and/or declaring the Buyer in breach of contract retaining the deposit and barring the Buyer and Buyer’s agents from all future auctions. Sierra, at its sole discretion may offer the goods for sale in a private sale or any future Sierra auction. Buyer shall be responsible for any deficiency, including late payment fees and storage fees. Buyer shall have no right to any excess funds such sale may generate. Currency accepted includes US currency (cash), bank wire transfers, and certified checks from a US bank. Sierra reserves the right to require certain Buyers or certain lot purchasers to pay cash only. Sierra reserves the right to change the fee structure, refuse to accept certain credit cards, and/or require cash payments in its sole discretion.

* Debit cards qualifying for discounted Buyer’s Premium are non-reward consumer debit cards from major financial institutions ONLY. Cash discounts offered by Seller on all types of payments are at Seller’s sole discretion.

REMOVAL OF PURCHASED ITEMS: No item may be removed from the auction site until it is paid for in full and partial payments may require an additional deposit for the remaining item(s). All lots must be removed from Sierra’s facility on the date of sale. In certain situations, Sierra, in its sole and exclusive judgment, may allow certain lots Sierra deems difficult to move to be removed no later than 3:00 PM on the third business day following the auction. A DAILY STORAGE FEE shall be charged for all lots not removed on auction day unless Sierra approves a later removal date. All lots not removed by 3:00 PM on the third business day following the auction shall be charged a DAILY STORAGE FEE of $5.00 per lot, per day for non-titled lots, and $20.00 per day for any lot that has a title. Lots larger than a standard pallet shall be charged $5.00 per day for every 15 square feet of storage space utilized. Sierra DOES NOT OFFER STORAGE SERVICES. Any item not removed by Noon on the fifth business day following the auction will become the property of Sierra, WITHOUT EXCEPTION. Any unsalable items that are not removed will be hauled to the dump at Buyer’s expense. Buyer is solely responsible for the safe removal of all their purchases. Sierra, at Buyer’s request, and in its sole discretion, may assist Buyer in the removal of its goods. Buyer shall be charged Sierra’s current hourly rate, per workman and forklift or other equipment utilized. In the event any work is requested after 3:00 PM or on non-standard Sierra workdays, Sierra shall charge Buyer 1.5 times its standard hourly rate. Buyer shall hold Sierra, its employees, officers and directors harmless for any and all damage, injury or liability regarding the removal of its purchases, notwithstanding Sierra assistance in item removal. All lots and purchases must be removed in full. No removal of partial lots shall be allowed; inquire about shipping options.

INJURY: All persons attending our live auction are notified that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site before, during and after the sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises, and the conduct of third parties. All registered bidders shall so advise their guests, agents, and employees. NO PERSON(S) SHALL HAVE ANY CLAIM AGAINST SIERRA, ITS EMPLOYEES, AGENTS, AUCTIONEERS, CONTRACTORS, OFFICERS, OR PRINCIPALS FOR ANY INJURIES SUSTAINED, OR FOR DAMAGES TO OR LOSS OF PROPERTY OR PROFIT WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER. Persons attending during exhibition, sale, or removal of goods assumes all risks of damage of or loss to persons and/or property and specifically releases the auctioneer from liability therefor. Neither the auctioneer nor his principal shall be liable by reason for a defect in or condition of the premises on which the sale is held.

PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the seller or on the seller’s behalf, even if such bids are placed solely for the purpose of increasing the bid. While Proxibid’s Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.

PLEASE READ: This auction company has requested and been granted access to see all bids placed including any maximum pre-bids. This auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.

SELLER CONFIRMATION AND UNRESERVED ITEMS: Sierra’s policy allows our consignors to determine if they wish to place a “Seller’s Confirmation” on any lot. If a Seller’s Confirmation is set on any lot it will be clearly marked on the lot. All other lots will be sold to the highest bidder. However, Sierra reserves the absolute right, in its sole and exclusive judgment, to withdraw any lot from sale, or add new lots to the sale at any time up to the item being declared sold.

TITLES AND 3-DAY TEMPORARY VEHICLE TAGS: Vehicle titles will be issued in the name of the registered buyer only. No open titles. Each vehicle or equipment sold requiring titles will be assessed an administration fee (currently $40), which is also added to the final bid amount. Computers with internet connection are supplied for the purchase and printing of temporary vehicle tags. A $10.00 fee (subject to change) per title is due immediately and payable in cash.

I UNDERSTAND AND ACCEPT THE ABOVE TERMS AND CONDITIONS. ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH NO GUARANTEES OR WARRANTIES. BIDDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTIFICATION, CONDITION, AND/OR USE OF ALL ITEMS PURCHASED. REFUNDS WILL NOT BE ISSUED AS A RESULT OF ANY DESCRIPTIVE ERROR GIVEN BY THE AUCTIONEER OR AS A RESULT OF A BUYERS FAILURE TO PROPERLY IDENTIFY THE ITEM, ITS CONDITION OR USABILITY. I ACKNOWLEDGE THAT SIERRA IS NOT LIABLE FOR ANY INJURY OR LOSS TO MY GUESTS OR MYSELF.

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