TERMS AND CONDITIONS OF INTERNET SALES
ALL SALES ARE FINAL. NO ITEMS TO BE REMOVED WITHOUT PRIOR SETTLING
WITH THE CLERK.
Payment by Cash, Cashier’s Checks, Money Order payable to J.P. Ross
Company when picking up purchased items at auction site.
Items over $5,000 must be paid for by Guaranteed funds. Guaranteed
funds are: Cash, Certified Checks payable to J.P. Ross Company or
Check accompanied with an Irrevocable Balk Letter of Guarantee.
Letter should state: Our bank, (name of bank) irrevocably will
guarantee any checks written to J.P. Ross Company for purchase of
items at the (Auction date) auction by (you or your company name)
from account number (fill in number) up to the total amount of
$_______. Sincerely, (Bank officer’s name and title)
For items over $5,000 that are paid for by wire transfer, payment
must be made and post to our account the day before the pickup day
for the item.
INTERNET TERMS AND CONDITIONS
BY REGISTERING TO BID OR PLACING A BID, INTERNET BIDDER AGREES TO BE BOUND BY TERMS AND CONDITIONS OF AUCTION. ALL INTERNET BIDDERS AGREE THAT BIDS PLACED ON THE INTERNET SHALL HAVE THE SAME LEGAL EFFECT AS IF THEY (THE BIDDER) WERE IN ATTENDANCE AT THE AUCTION IN PERSON.
1. All bidders must provide their full name, address, email address and daytime/evening phone number. J.P. Ross Company/ross-bid.com may request including but not limited to: driver’s license, photocopies of Social Security Card, Passport, etc. J.P. Ross reserves the right to refuse a buyer’s number to anyone for any reason. Buyer must be at least 18 years of age.
2. In bidding you as the Buyer agree to be bound by these terms and conditions and the terms and conditions of this specific auction and site. By placing a bid on an item, the bidder represents, warrants and undertakes that it has the authority and capacity to make such a bid and close the transaction and that any bid that it makes constitutes an actual offer to buy the item in question for the full amount of the bid, plus buyer’s premium and applicable taxes. A legally binding contract is formed between a bidder and J.P.Ross Company/ross-bid.com and the seller when the bidder makes the highest bid is placed and the auction is closed.All sales are final and a bidder may not cancel a bid after the auction closes.
3. If an item is subject to sales tax, J.P. Ross Company/ross-bid.com shall collect sales tax at time of payment. Tax is determined by the successful bid price plus Buyer’s premium. A Buyer must provide a tax exempt certificate at the time of payment to be exempted from paying tax on items purchased.
4. Buyer shall pay J.P. Ross Company a buyer’s premium of 10%. The buyer’s premium is non-negotiable and paid by all buyers.
5. A down payment may be required on certain auctions. Terms of deposit may vary by auction. J.P. Ross Company/ross-bid.com reserves the right to reject any bid.
6. When paying by check, you authorize checks returned unpaid to be represented electronically, and a fee equal to the maximum state allowed recovery fee may be recovered electronically or by draft. Returns not recovered may be subject to attorney’s fee and other fees where applicable.
7. When auction closes, the highest bidder (Buyer) shall pay for the item purchased by the date and time of removal as listed on the specific auction site. If J.P. Ross Companydetermines the highest bid was not a bona-fide bid, the item will not automatically go to the second highest bidder. If Buyer does not pay for and pick up item within the specified time for removal then J.P. Ross may resell the item without notice. If the item is resold for an amount less than the original highest bid, then the Buyer is responsible for the difference. If full payment is not made by the applicable removal time, then Buyer’s bidding privileges as to any other J.P. Ross Auctions may be suspended until the invoice has been paid in full regardless if the item has been resold.
8. Items will be offered by “Lot”. Every Lot will be sold “as is, where is, with all faults” and all sales are final. Items are open to public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other factor. J.P. Ross will attempt to describe the items/equipment in advertising and on the internet but makes no representations. There are no guarantees or warranties of any kind, regardless of any condition statements made on equipment, nor will J.P. RossCompany/ross-bid.com be liable for any condition statements made on equipment.
9. Bidders who bid online acknowledge that they may not be able to inspect the item as well as if they inspected it in person. J.P. Ross Company/ross-bid.com shall attempt to describe each item in detail along with any pertinent information of items. J.P. Ross Company/ross-bid.com will not be responsible for any errors or omissions in the description of the item. No allowance will be made for errors in cataloging, defects, or imperfections not noted.Online photos are provided for Bidders convenience and will not be interpreted to create representations or warranties for any item. It is the Bidders responsibility to determine condition, age, genuineness, value or any other factor. Winning bid of the Internet Bidder, accepted by J.P. RossCompany/ross-bid.com, cannot be retracted. Internet Bidder accepts Lot when making bids and is responsible for their awarded bid, or may be subject to penalties. All sales are final, No refunds, No returns.
10. All items in the auction will be sold to the highest bidder unless the seller has a minimum reserve price. In this case, the bid price is subject to the seller’s confirmation. In some cases, the auctioneer may bid on behalf of the seller to protect the reserve. Disputes over the winning bid price or any other problem will be settled according to records kept by J.P. Ross Company.
11. Bidder understands that this service may or may not function correctly on the day of the auction sale. The results of the auction may be rendered void if malfunction, shutdown, or temporary loss of service occurs. J.P. RossCompany/ross-bid.com reserves the right to remedy the situation in whichever way best represents the seller. Under no circumstances shall Bidder have any kind of claim against J.P. Ross Company or anyone else if the Internet service fails to work correctly before or during the auction. J.P. Ross will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should leave their maximum bid 24 hours before the auction begins. J.P. Ross reserves the rightto withdraw or re-catalog items in this auction.
12. A J.P. Ross Auction may contain items from various sellers. The seller, with the consent of J.P. Ross, has the right to remove items from the auction before or after bidding is completed. In the event of removal after bidding is complete, the high bidders sole remedy shall be the refund of the amount actually paid if payment has been made.
13. Immediate notification is required by phone if a mistake has been made in bidding (for example, a missed decimal point).Bidders may still be held responsible for the bid. Bid carefully, you cannot change your bid just because you changed your mind.
14. On sales listed on our site as being contracted and managed by an affiliate, J.P. Ross Company/ross-bid.com is providing a venue only and not a party to the actual contract between the seller and affiliate /or buyer and affiliate.
15. Online auctions shall close on the time and date specified on the actual auction site. The time listed as the closing time is when the closing process begins. All active items remain open until no bids have been received for three minutes following the close of an online auction. J.P. Ross reserves the right to modify the exact start time of closing and therate of items closing per minute at its discretion on evenings with multiple auctions closing.
16. Title of items transfers to Buyer when full payment for items has been received and items are removed from sale location. At that time risk of loss shall pass to Buyer. (remember to contact your insurance agent for coverage)
17. High bidders/Buyers are expected to make arrangement for removal, riggers etc. so they can conform to the pickup days allotted. Wire transfer should be arranged and conducted. Call Vickie at 218-591-2401 to have wiring instructions faxed. No items shall be removed until wire transfer is completed.
18. All removal is at the expense, liability, and risk of the purchaser including disconnection of utilities. At time of removal, bidders and their agents and employees are responsible for the premises. This risk extends into all activities involved in the removal of items including disconnection of utilities. Persons attending the auction site during preview, sale, or removal assume all risks of injury, damage or loss of property and specifically release J.P. Ross Company and the seller from liability. Purchasers will repair personal property that is altered or damaged in the removal of their items.
19. Notification/invoices will be sent to winning bidders by e-mail. In the event you have not received your notification/invoice by the afternoon of the day following the closing of the auction, please contact Vickie at 218-591-2401.
20. Purchaser and bidders shall agree to indemnify and hold harmless both the Seller and J.P. Ross Company/ross-bid.com from and against all claims and liabilities resulting from online auction, including but not limited to: proximate or consequential damages, failure to comply with local, state, or federal laws, and cost of legal expenses arising there from. No person shall have any claim against J.P. Ross Company/ross-bid.com, their respective agents or employees for any injuries sustained or damages to or loss of property that may occur at the auction site.
21. These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of lawsprovisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in St. Louis County. In bidding, you consent to agreeing with all the Terms and Conditions stated above and any auction specific terms posted on each auctions event page and/or terms emailed to you or terms posted on ross-bid.com website.
Do you accept these terms and conditions?