Auction Terms and Conditions Please read all Terms and Conditions carefully before continuing to access this site! By registering, bidding, or continuing use of any part of this site, you are agreeing to be bound by all Terms and Conditions of this site. If you do not agree to be bound by the Terms and Conditions, you may not access the site, use the Services or bid. Please read Terms and Conditions for EACH auction, as they may vary. We reserve the right to change terms and conditions without notice. AUCTION TITLE: October Warehouse Online Auction - Tools, Collectibles, Household All items located at our warehouse in Alvin, TX BIDDING ENDS: Bidding begins closing TUESDAY, October 25, 2022 beginning at 6:00 pm CST with a staggered soft close at a rate of one lot every 20 seconds with extended bidding enabled. This auction have a soft close, that means any lots that receive a bid in the last 2 minutes will extend for 2 more minutes until all bidders are done - 18% BP - 3% BP discount for cash payments. Cash, credit cards or wire transfer for any purchases over $1000. - NO SHIPPING - NO SHIPPING - LOCAL PICK UP ONLY - Physical distancing REQUIRED. Please schedule and adhere to appointments times. (One appointment slot is sufficient. Please do not fill all of a time slots with multiple, duplicate appointments.) - Buyers are advised that if they are running fever, feeling ill, have been exposed or potentially exposed to CoVid-19 or other illness, DO NOT ENTER auction premises. Please contact us to reschedule at 832-221-6556. - No children under 16 years of age allowed on auction premises. PICK UP: By appointment on Wednesday or Thursday October 26 or 27 ONLY! - No other pick up dates are offered for this auction. If you cannot pick up on time, DO NOT BID! NO SHIPPING - NO SHIPPING Please bring your own labor, boxes and packing supplies, dollies, carts, and tools to remove large, heavy items, as there are none on site. IMPORTANT NOTE: BRING your own LABOR TO HELP YOU LOAD! OUR STAFF is NOT allowed to assist Buyers with loading! Throughout the site, we use the terms "MAS", "Auctioneer(s)", "we", "us" and "our" to refer to Martindale Auction Services. The terms "Bidder(s)," "Buyer(s)," "you" refer to you, the user. Bidders use of this website, including all tools, descriptions, services or information available from to you, the user, from this site are conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our site and/ or purchasing from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms," "Terms and Conditions"), including those additional terms and conditions and policies stated with each new auction. By registering, bidding, or continuing use of any part of this site, you are agreeing to be bound by all Terms and Conditions and Terms of Service of this site. If you do not agree to be bound by the Terms and Conditions, you may not access the site or use the services. These Terms of Service apply to all users of the site. Please read these Terms and Conditions carefully prior to each auction, as they may vary; and users must agree to be bound by them, whether they chose to read them or not. If these Terms of Service are considered an "offer," then acceptance is expressly limited to these Terms of Service. 1. All merchandise is sold "AS-IS, WHERE-IS," no warranties are expressed or implied. All sales are final. No returns, refunds or exchanges for any reason. Ownership transfer to Buyer upon receipt of payment in full. 18% Buyer's Premium is in effect. 3% BP discount for cash payments. Cash, credit cards and wire transfers ONLY. Online auction purchases will be automatically charged to the credit card on file immediately upon the close of the auction unless buyer request to pay by cash 24 hrs before the end of the auction. Invoices over $1000 must be paid with CASH or wire transfer within 24 hours of first business day arrangements can be made. Sales tax is 8.25% for this auction and will be added to Texas and other applicable buyers that do not have a valid Sales Tax exemption or Resale Tax exemption form on file. Applicable sales tax for auctions conducted offsite from our warehouse may vary. Buyer must submit tax exemption form to Auctioneer for EACH auction PRIOR TO CLOSE of auction to avoid sales tax being charged. Failure to do so will result in sales tax being charged. No adjustments will be made. No items are released until the payment in full is collected. 1(a). Bidder registration must match credit card registration! No exceptions! Due to an increase in fraudulent activity, we must insist that the Bidder registration and shipping address matches the credit card on file. Any Bidders with discrepancies in registration and credit card information may find their account "Pending" and payment in full shall be required by WIRE TRANSFER ONLY. Failure to resolve discrepancies will result in suspended privileges. 2. Bidder authorizes Martindale Auction Services to charge the credit card on file for their purchases. Non-paying buyers' bidding privileges may be permanently suspended. Credit cards will be charged at the end of each auction for invoices totaling less than $1000 unless buyer request to pay by cash 24 hrs before the end of the auction. If charges are DECLINED by the credit card processor, a non-sufficient funds charge of $25.00 will be charged each time processing is denied and Buyer will be required to pay via wire transfer or other method of guaranteed funds. The buyer will be notified by email of NSF transaction and will have 24 hours to contact Martindale Auction Services at 832-221-6556 to receive alternate payment instructions or wire transfer instructions. NO EXCEPTIONS! Declined credit cards may result in Bidder being required to pay all future invoices via wire transfer, or suspension of all Bidder privileges may occur. User agrees not to reverse credit card charges for any reason and understands and agrees that all sales are final. MAS reserves the right to accept or refuse any bid or service to anyone not in the best interest of the Seller. Invoices totaling $1000 and must be paid by wire transfer or guaranteed funds within 24 hours of arrangements. Arrangements must be made on the next business day following auction close. No exceptions. **WIRING INSTRUCTIONS: Please call for wiring instructions, as they WILL NOT BE EMAILED TO YOU! Wire fraud is real, and we will never email changes or wiring instruction via email. 3. Removal is buyer's responsibility. PLEASE bring the manpower, labor, boxes and packaging materials you need to remove lots. We will not provide boxes and/or packing supplies. Martindale Auction Services is not responsible for theft or accident. ANY LOTS LEFT AFTER 4:00 PM on the last day of pick up/load out WILL BE CONSIDERED ABANDONED. Storage fees will incur at a rate of $25 per lot; and items will be resold after 7 days. Failure to remove items during the specified times, or failure to properly arrange shipping, will result in forfeiture of item(s). The Buyer will still be charged and responsible for the payment of full amount. 4. If you are the successful Buyer on any item(s), you will receive an invoice at the email you used to register. Pick up location address, pick up date and times and link to schedule an appointment are stated in the EMAIL BODY, not the invoice! The invoice address is our warehouse; and removal location may differ! PLEASE NOTE LOCATION ADDRESS for every auction, as it is subject to change if we are offsite! If you are unable to meet removal deadlines, please DO NOT BID. There will be NO REFUNDS and failure to pay and/or pick up can lead to a permanent decline of your account with Martindale Auction Services. IF YOU DO NOT RECEIVE YOUR INVOICE AND BELIEVE YOU WERE THE WINNING BIDDER, CHECK YOUR SPAM FOLDER!! And then SET US AS A SAFE SENDER. It is Buyer's responsibility to know if you have bid in an auction and are obligated to pick up! Do not rely on us to call you. 4(a). By registering to use Service and providing email address, you agree you are providing permission for us to send and User to receive email communications from us. User may opt out or unsubscribe manually or by replying to an email requesting to unsubscribe at any time. 5. Any descriptions are intended as merely a guide. Although auction information has been obtained from sources deemed reliable, the Auctioneer and Sellers make no warranties or guarantees expressed or implied as to the genuineness, condition, usefulness, authenticity of, or defect in any item in the auction or the accuracy of information contained herein or announced by the Auctioneer. Absence of any such description does not imply the lot is free from defect. Any errors in the description does not relieve the Buyer of their responsibilities. Descriptions of gold, silver, or similar may refer to a description of color only. Description of style or period may refer only to a similarity to a particular style or period. A description of "antique" or "vintage" may refer to an appearance of age and an undetermined manufacture date. We will not be responsible for any variations in color caused by your computer monitor, miscalculation of size, or buyer's remorse. By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the item(s) for you. We reserve the right to modify the contents of the site at any time, including the right to add to or withdraw any items; but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 6. Due to the CoVid-19 pandemic, Martindale Auction Services will make reasonable changes and requirements necessary to try to keep everyone safe during interactions, loading and removal. We appreciate your cooperation and adherence to these requirements. We are requiring all Buyers to wear masks, physically distance themselves, schedule and adhere to appointments times. Buyers are advised that if they are running fever, feeling ill, have been exposed or potentially exposed to CoVid-19 or other illness, DO NOT ENTER auction premises. Please contact us to reschedule. 7. No persons under 16 years of age are allowed on any of the auction premises or properties. 8. Users of the site must be least the age of majority in your state of residency. Do not allow access to another user to your account nor authorize use of this site under your account. Guard your user credentials and login information, as you are responsible for its use. You may not use the products sold herein for illegal or unauthorized purposes nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Breaches or violations of any of the Terms will result in an immediate termination of your Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the true identity of a User. The obligations and liabilities of the parties incurred prior to a termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use this site or notify us you no longer wish to use our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or any part thereof. 9. We reserve the right to modify, refuse, suspend or terminate Service without notice to anyone for any reason at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 10. SOFT STAGGERED/DYNAMIC CLOSING: The auction will close with a soft staggered close with extended bidding enabled. For example: the first item will begin to close at 6:00 PM CST; and 15 seconds later, the second item will begin to close, and so on. Lots that receive a bid in the last 2 minutes of that lot's clock will be automatically extended an additional 2 minutes. Please note: The software also allows for proxy or maximum bids to be placed by Bidders. These proxy or max bids are timestamped, and these bids are placed by the software based on timestamped information. Someone else has to bid to increase the current price and the computer will automatically bid the next increment, up to and no more than your max. Occasionally, two people will bid the same max bid on an item; the first person to place the bid will be high bidder due to timestamping of bids. These proxy bids could result in an automatic bid acceleration to a maximum bid being placed, or had already been placed in the system by user or another Bidder, and is NOT a function of the Auctioneer. Bid prices on lots are subject to change without notice. Failure of an under-Bidder to understand the method, instructions or process is not grounds to reverse a winning bidder's award of a lot. Bidder is reminded to follow any applicable instructions on the Auction Host Web site regarding "refreshing" screen to view high bids, time remaining, extended bidding, etc. Failure to follow instructions may result in inaccurate and untimely information on Buyer's screen. Martindale Auction Services will not be responsible for bids that are not executed or fail to go through. The best way to ensure your bid is accepted is to enter your max bid BEFORE the auction ends. 11. We cannot and will not guarantee uninterrupted access to the Web site or its services or content and cannot and will not guarantee an absence of any errors or malfunction of software, hardware, Internet, servers, content or other related components of the services in regard to your use of this site. Your use and/or continued use of this site shall constitute an agreement that you will hold harmless, defend, and indemnify Martindale Auction Services and its agents or representatives from any and all claims arising out of the use of this site in any capacity; and expressly limits Martindale Auction Services' liability to you to $100. We reserve the right to cancel and/or reopen the entire auction, a portion of the auction, or individual lots in the case of system failures. MAS reserves the right to cancel any transaction, even if you have received email confirmation. 12. Should any portion of this agreement be deemed unlawful or unenforceable, it shall be severable and shall not affect any remaining portions of the agreement. User understands that your content, excluding credit card information, may be unencrypted and transferred or transmitted over various networks; and allow changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted for transfer over networks. 13. Buyers assume all responsibility for removal, loading, transportation and handling of their purchases. Buyers accept full responsibility for all liability and costs incurred for removal, included but not limited to the items and their person and any damage or loss to premises suffered as a result of removal of purchases from the premises of Auctioneer or Seller by Buyer or their agent acting on their behalf. All persons attending preparation, inspection, sale, or removal of merchandise assume all risks whatsoever of damage or loss to person or property and any and all premises upon which Buyer or Buyer's agent attend for preview/inspection and pick up or removal of items, and specifically release Auctioneer and/or Seller from all liability therefor. The Auctioneer and/or Seller shall not be liable for any reason of any defect in or condition of the merchandise or premises in which the sale is held. 14. Please read whether shipping is available for each auction, as it is subject to change! Third-party providers may be arranged by BUYER, and packaging and shipping are the responsibility of the BUYER solely. Arrangements made with third-party shipper by Buyer are independent of the Auctioneer and are between the Buyer and Shipper solely. All invoices must be paid in full prior to release of merchandise to Shipper. If Martindale Auction Services is offering and agrees prior to bidding to handle shipping, the credit card on file MUST MATCH shipping address and Buyer's registration information. No exceptions! Buyer must pay actual shipping charges plus a $10 per box handling and packing fee to Martindale Auction Services. It is Buyer's responsibility to ensure accurate profile, valid credit card information and registration details. 15. Auctioneer or Agent reserves the right to bid on behalf of the Seller. 16. In the case of vehicles, Dealers need to have title paperwork done before removing vehicle from auction location as well. Seller specifically disclaims any warranties as to the physical, safety and mechanical condition of the automobile. Buyer acknowledges that he has inspected the automobile and is purchasing it "as is" "where is" with no warranty expressed or implied. Buyer agrees to assume all responsibility and risk for inspection, sale, removal, and operation of said vehicle. Upon the funds clearing, Seller will deliver to Buyer the certificate of title to the automobile, properly endorsed. Buyer must show proof of liability insurance. The purchase price of the automobile does not include any sales or use tax. Buyer acknowledges that payment of these taxes is his obligation and he shall file all required tax returns with and remit all taxes due to the appropriate tax authority immediately after the closing. Buyer shall file the certificate of title to the automobile with the appropriate state official and register the automobile in his name, all at Buyer's sole cost and expense, immediately following the closing. 17. In the case of any firearms, all FFL laws and regulations will apply. UNDER NO CIRCUMSTANCES ATTEMPT TO BID ON A FIREARM IF YOU ARE PRECLUDED FROM DOING SO. Guns will not be shipped. Ammo will not be shipped. Bidder assumes all responsibility for knowing and abiding by all applicable federal and state laws and regulations in regard to owning or possessing firearms, ammo or other related items BEFORE BIDDING. Failure to do so will result in cancellation of all bids by that Bidder and Bidder will be banned from all further auctions. Buyer is responsible for paying application fees and transfers to FFL dealer, if applicable. Any used firearm should be inspected by a competent gunsmith for function and safety before attempting to fire. Do not fire ammunition of unknown origin. Firearms and ammunition included in auction are sold strictly for salvage of components or as a collectible. AMMO WILL NOT BE SHIPPED 18. All buyers hereby certify that they have read and fully understand the terms and conditions listed above and they agree to be bound thereby. It's the buyer's responsibility to understand all the Terms and Conditions prior to submitting all/any bids and to have an understanding of the method with which they are using. Failure of Bidder to understand does not constitute a failing or the fault of Martindale Auction Services. If you don't understand, do not bid. 19. Auctioneer is licensed by the State of Texas #16230 and managed by the Texas Department of Licensing & Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-5522 without implication of endorsement by the State of Texas. THANK YOU FOR YOUR BUSINESS! WE APPRECIATE YOU! We welcome quality consignments! Visit www.martindaleauction.com --------------------------------------------------------------------------------------

October Warehouse Online Auction - Tools, Collectibles, Jewelry, Household