Auction Terms & Conditions PLEASE READ THE FOLLOWING INFORMATION FOR AUCTION SPECIFIC TERMS:
Use of this auction site marks your full and final acceptance of all Terms & Conditions listed by either Apple Towing/ Apple Auctioneering Co. or the United States Marshals Service.
Apple Towing Co is conducting an online auction on behalf of the United States Marshals Service Northern District of Georgia. The United States Marshal Service is offering 13 units for absentee bidding ONLINE. We will start accepting online bids March 20, 2013 @ 6 pm Eastern time and will end with a "soft close" beginning April 11, 2013 @ 1pm Eastern time. A "soft close" means if any bid is placed within the last five minutes at the close of the auction, the bid will automatically extend the closing time an additional 5 min (example: if a bid is placed at 2 minutes until close, it will extend til 7 minutes). This feature protects bidders from being outbid without the opportunity to be notified and place another bid before the close of the auction. Please be aware that when placing your "Maximum bid", the website will bid on your behalf up to your set maximum bid by the preset bid increment. Example: The current bid is $1000 and the bidder enters a maximum bid of $500. The system will bid at the preset increment until the bidders "Maximum bid" is exceeded. At that point the bidder will be notified that he/she has been outbid. The items may close in a stagger meaning they may not all have the exact same closing time. Please watch the auction closing time stop clock to determine exactly when each item will close. We will offer one live onsite preview day 4/10/2013 from 9am-3pm to allow the public to physically inspect the vehicles. Preview address: 3156 Buford Hwy NE Buford, GA 30518. On preview day, the vehicles may be started but can not be driven. There will not be a buyer's premium. Upon registration, you may need to input your credit card information (not retained) but will only be used to verify your identity. Upon a successful high bid: You will have 48 hours (unless the auction closes on a Friday, the 48 hours limit begins Monday morning) to complete a wire transfer or cashier's check made payable to Apple Towing Co. 2030 Holmes Road Houston, TX 77045 Attn: Joshua Scully via FedEx w/ tracking number sent to email@example.com. You may choose to do a wire transfer. The account info will be given via email. No credit/debit cards will be accepted. At the close of the sale, the high bid amounts will be forwarded to the USMS for approval. Once we receive approval to sell (usually within several hours) you will receive an email notification that your bid has been approved/ disapproved. At that time your 48 hour window for us to receive your payment starts. Once the funds are received, your address will be verified; the title work will be printed and sent via email or fax to have all copies signed. We MUST have these signed completed copies on file BEFORE we send out the originals! Once we have received our signed copies back, the originals will then be mailed out with instructions on which documents are to be returned. Once we have received our returned copies of the originals, the vehicle may be picked up. Estimated turn- around time from payment to vehicle pickup is approx. business 6 days. You will have two weeks after the closing of the auction to arrange pickup. If arrangements have not been made and the vehicle remains after the two week allowance a $25/day fee will be charged and must be collected prior to release. To serve you best, please direct all questions via email to firstname.lastname@example.org.
See below for General Live & Online Terms and Conditions:
1. This Agreement is a legally binding instrument between you and Apple Towing/ Apple Auctioneering Co, and describes your responsibilities in connection with your use of this website and, among other things, limits the liability of Apple Towing/ Apple Auctioneering Co. Before using any of this website, please read all of this Agreement carefully. By accessing or using this website, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, you must not access or use this website.
2. These vehicles will be auctioned AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION. DESCRIPTIONS OF VEHICLES, EITHER WRITTEN OR ORAL, ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely. Apple Towing/ Apple Auctioneering Co does not certify the accuracy of the information presented by any third party company that assist in the sale, and will not be held responsible for any error made on their behalf.
3. This auction is conducted with reserve. The United States Marshals Service reserves the right to approve the final transfer of property the successful bidder, even after the auctioneer states "sold". Apple Towing & Apple Auctioneering Co. does not/ will not disclose the reserve amount. In addition, the United States Marshals Service retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion.
4. Apple Towing Co./ Apple Auctioneering Co. and the US Marshals Service reserves the right to add/ delete vehicles to/ from the auction at any time.
5. Practices that eliminate competition, such as collusive bidding may warrant criminal, civil, or administrative action against the participant and may be referred to the Department of Justice.
6. High bidder will sign a Form USM-621 Personal Property Sales Certification stating that he or she does not know the listed defendant, is not a government employee, and is not affiliated with Apple Towing Co. & Apple Auctioneering Co.
7. Vehicles & Surplus not paid for within 2 hours of a live sale & 48 hours after an online sale may be resold without notice. If a buyer does not pay, backs out, submits a check containing insufficient funds, or issues a "stop payment" that buyer will be banned from all future Apple Towing Co. / Apple Auctioneering Co. auctions and his/ her information will be submitted to the Department of Justice. The Buyer agrees that any item successfully bid upon will be paid for by the Buyer immediately following the conclusion of the auction (or within 48 for online auctions) and before departing the auction premises by delivery of cash or a check drawn on an account containing sufficient immediately available funds. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no "stop payment" order shall be issued or honored. The Buyer further agrees that a stop payment order or a check returned marked "insufficient funds" shall be considered prima-facie evidence of intent on the part of the buyer to defraud the Auctioneer at the time of delivery of the check.
8. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer's number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute.
9. All persons attending preparation, preview inspection, sale or removal of merchandise assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer formal liability therefore. The Auctioneer shall not be liable by reason of any defect in or condition of the merchandiser premises on which the sale is held.
10. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party.
Seller User Terms
Bidder User Terms