Zomer Company Auctions welcomes you to our current and future auctions.
Please carefully read the terms listed below. Thank You!

Zomer Company Auctions, its Employees and representatives (hereinafter “Company”) act merely as agents for Seller(s). All final bids are subject to the Seller's confirmation. The top bidder will be contacted as to the status of his/her bid. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the Seller(s) and you hereby agree to hold harmless Company for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features, inadvertent errors in cataloging, authenticity or imperfections not specifically noted and other data pertinent to the value of the item. Buyers are responsible for conducting their own inspection during Open Houses/Inspection periods. Printed or verbal statements made by Company are matters of opinion and are made in good faith. ALL ITEMS ARE SOLD AS-IS WHERE-IS unless specific factory or seller issued warranties are listed in the item description.
 

Company Does Not Guarantee Actual Hours/Miles; We Report What is Shown on the Meter at the Time of Listing.

These items are not tested for functionality by Company and no guarantees or warranties on condition or operability are being made by Company. It is the Buyer’s responsibility to inspect the item, prior to bidding, and use their own judgement as to the item’s condition and suitability for use. Everything is Sold 'As Is, Where Is’ with no warranties or guarantees expressed or implied. Company is not responsible for any statements about the item made by the Seller.

You acknowledge that you have the right and responsibility to inspect the item(s) personally, or to have a third-party representative inspect the item(s) for you. That by bidding on an item you have agreed to accept that item in its present condition at its present location and with the description provided whether accurate or not.

Auction Close. Upon your accepted bid of an item, that item shall immediately become your responsibility and be at your risk (whether you have paid for that item or not). You agree that Company and their Sellers are not responsible for lost, stolen or damaged items and will not reimburse or discount items for any type of loss. Buyers are responsible for any costs incurred to prepare their item(s) for transport and/or shipping. This includes but is not necessarily limited to the cost of any rigging, disassembly, special loading requirements, transport, packaging, insurance and all other costs related to physical transfer of their item(s). Buyers are encouraged to collect purchased items on pickup dates selected by Company. It shall be Buyers sole responsibility to collect items, arrange trucking, shipping etc. All shipping, trucking and freight costs including disassembly if needed will be at the Buyers expense. Buyers agree to remit payment and remove from the auction property any purchased items within the stated time for the auction being conducted (hereinafter “Auction Collection Date”). Buyers further understand and agree that failure to remove items during the Auction Collection Date will subject to moving and storage fees unless prior arrangements have been made with the Seller/Company.

All Buyers are responsible to provide proper forms of payment for items purchased. Failure to do so will result in Buyer being responsible to pay reasonable attorney fees and costs incurred by Company to collect funds owed. Items not paid for by the Auction Collection Date are considered forfeited and abandoned and shall become the property of Company.  Company may resell any items not paid for and Buyer shall be responsible for any and all costs associated with the storage, resale, removal and/or disposal of the items, a 1.5% finance change on the account balance from the Auction Collection Date, any and all legal fees for recovery as well as any other costs or loss incurred due to Buyer’s failure to adhere to these terms.

Collection of Items. All paid for items must be collected in a timely manner. Any items not collected in a timely manner will be considered forfeited and abandoned.

$250.00 and Less Items. Company shall be authorized to resell any item purchased for the sum of $250.00 or less and not collected within 45 days of the Auction Collection Date, Buyer shall be charged a $15.00 handling and processing fee per item and shall further be responsible for any difference due in the event the item(s) does not resell for an amount greater than Buyers original winning bid. Buyer shall not be entitled to any proceeds in the event the item resells for a greater amount than Buyer’s original winning bid.

$250.00 and Greater Items. Company shall be authorized to take any, or a combination, of the following action(s) for any item purchased for the sum of $250.01 or greater and not collected within 90 days of the Auction Collection Date: 1) Charge a storage fee of $25.00 per day from the Auction Collection Date not to exceed the amount of $1,500.00; 2) Sell the item(s), whereby the Company will remit the sales proceeds to Buyer, less selling and advertising expenses, storage costs, and a 35% commission and administration fee; and/or 3) Charge Buyer a disposal fee, determined by the actual cost to dispose of the item, pursue any and all legal remedies, and any and all legal fees and court costs incurred for recovery efforts.

In the event a Buyers check is returned for insufficient funds, Buyer shall be charged a $30.00 returned check fee in addition to the original amount of the check. You will have 30 days from the date of notice of the NSF payment to remit valid payment to Company. If payment is not remitted to Company within 30 days of notice, there shall be a finance change of 1.5% per month applied to the total sum due Company including the returned check fee starting 30 days from the auction close date.

These terms and conditions and any dispute arising out of or related to an auction shall be governed by and construed and enforced in accordance with the laws of the State of Iowa. Any legal action must be brought in Sioux County, Iowa, or another jurisdiction of Company’s choosing. Buyer agreed to abide by the laws of the State of Iowa.

When using our online auction services you are making firm commitments to purchase said item(s) and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason. Nonpaying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. Buyers also acknowledge that the Internet may be an unreliable and error prone network. Company does not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion or that current bid shown is accurate. Buyers agree to hold Company harmless for any interruptions of online bidding. Further, Company has the sole discretion to accept or refuse any bid. Company retains the right, at Company’s sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice. Please review auction terms often.

Bidder/Buyer responsibilities include but are not limited to the following:

All Buyers must provide their name, email address, daytime phone number and physical address at which they can be contacted for timely and accurate communication between Company and Buyer throughout any transaction or auction. Failure to maintain accurate and current contact information on Buyers account may lead to suspension of their account access until current contact information is provided to Company. All Buyers must provide valid credit card information or wire information.

Buyers shall obey any and all local, state and federal laws and any and all violations of the same will result in termination of bidding and website use privileges with Company.

The final bidding will close and remain closed and no adjustments shall be made after closing.

Bidders acknowledge that online only auctions have an auto extend feature that means the auction will not close until all bidding parties are represented and satisfied. A bidder can place a max bid on one or more lots. The current bid price does not automatically go to the max bid unless the bidder selects to raise the bid to that price immediately by selecting the raise bid option. When another bidder increases the current bid then the computer will automatically increase the bid in the increment specified reaching your max bid only by ongoing bidding activity.

Company reserves the right to reject any and all bids for any reason. Company shall not be held responsible for any missed bids. All auctions are with undisclosed reserves unless advertised otherwise as “No Reserve/Absolute”. Company, at their discretion, may place a reserve bid on behalf of Seller. All final bids are subject to Seller’s confirmation. Only the top bidder will be contacted as to the status of their bid. Company shall also be the final judge in any bidding disputes and has the final authority to name a bidder as a final purchaser.

Company, at Company’s discretion,  has the right to remove items at any point in the auction if instructed by the Seller or for legal reasons.

Acceptable payment methods include cash, cashier’s check, money order, bank wire or credit card. Certain auctions may have special payment requirements.  If a credit card is used, your account will be charged a 3% convenience fee.

No items will be released until paid in full. All sales are final.

All titles, registrations, etc. will be mailed no sooner than 14 to 20 business days after final payment has been received by Company.

Buyers agree that each auction may have a Buyer’s Premium due and any applicable sales tax which shall be charged on the sale price of each item. Additionally, any credit card fees or Buyer’s Premium fees shall have sales tax charged if applicable.