Sale Will Be Made To The Highest Bidder Subject To The Following Terms:
1. NOTICE- You must be over the age of 18 to bid. By placing a bid, you are entering into a legally binding and enforceable contract. Once a bid has been placed you are agreeing to be bound by the following terms and conditions set forth by Monahan Real Estate & Development LLC dba Cash Auctions (also described as "Auctioneer"). Cash Auctions shall not be held responsible for failure to read these terms.
2. RIGHTS OF AUCTIONEER- The auctioneer reserves the right to reject any and all bids up until the lot(s) have been removed from the premises. On lots upon which there is a reserve, the auctioneer will have the right to bid on behalf of the seller. The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute. The auctioneer and auction firm are acting only as agents and are not responsible for the acts or statements for the principles.
3. REGISTRATION OBLIGATIONS: In order to bid on each Auction a user is required to register & agree to our terms. Out-of-State Bidders (bidders from outside New York State) will need manual approval to bid- If outside of NYS, you are required to call our office in order to register; you will NOT be able to register for an auction the day-of (same day an auction closes). In consideration of your use of the Service, you agree to:
a. Provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information")
b. Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cash Auctions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cash Auctions has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
d. The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
4. PAYMENT- By placing a bid you agree to allow Cash Auctions to charge your card on file for any purchases that are made. Your credit card will be charged within 24 hours of you being declared the successful bidder. Invoices will then be emailed and if an outstanding balance exists, it must be paid IN FULL by the end of the following business day. A 15% buyer’s premium is added to the hammer price (final bid/sale price) and becomes the Subtotal, which is then charged the appropriate NYS sales tax. For Example, if the winning bid is $10.00, the Subtotal becomes $11.50 and assuming a Sales Tax of 8.75% (Erie County) the Total would then be $12.51. All sales may also, at the discretion of the auctioneer, be subject to a 3% credit card fee. Additionally, all registrable assets sold (including but not limited to- vehicles, boats, trailers, RVs/travel trailers, tractors) will be subject to a Non-Refundable $500.00 Deposit. If we are unable to collect this deposit immediately after the auction has closed, the sale will go to the back-bidder, and bidding privileges will be revoked from the original high bidder.
5. CONDITION OF ITEMS SOLD- All lots on this site are sold “AS IS, WHERE IS.” Cash Auctions makes no guarantee as to authenticity, condition, nature, quality, quantity, or size of any lot and provides NO WARRANTY, expressed, or implied as to any item. No oral statements by any employee of Cash Auctions should be taken as any warranty, expressed or implied. Cash Auctions recommends that all Bidders read all lot descriptions & examine photos before placing a bid. Auctioneers are not responsible for the actions of any consignors/sellers, typographical errors, misprints, error in cataloging, imperfection, defect, damage, failure of equipment, or loss of money. Additionally, Preview is only available by appointment for In-House Auctions at a fee of $10.00 for 15 minutes (210 Sawyer Ave. Tonawanda, NY 14150); the bidder will be charged once an appointment has been scheduled. Preview may not exceed 15 minutes and is not offered for any Off-Site Auction unless otherwise specified.
6. All SALES ARE FINAL- No Refunds, No Returns, No Exchanges, No Changing Your Mind. No claims will be allowed after removal of goods from the premises.
7. AUCTION CHANGES- The auctioneer reserves the right to withdraw from the sale, or make changes to, any of the lots at any time (including after an auction has closed). Auction details may also be changed at any time without warning. It is the responsibility of the bidder to remain informed on the status of an item and the details of an auction.
8. SALES TAX- Sales tax will be charged and collected on ALL purchases, regardless of Proof of Exemption. In the event of a Vehicle Auction, sales tax exemptions will be accepted if the bidder holds a valid NYS dealers license, has a NYS Tax ID, and furnishes a completed latest version ST-120 form. NYS requires the form to be completed for EVERY AUCTION (single-use certificate). An outdated form will be considered void, and sales tax will be charged.
9. PERSONAL AND PROPERTY RISK- Persons attending during exhibition, sale, or removal of goods assume all risks of damage, or loss to person and property and specifically release and indemnify the auctioneer and its firm from liability, therefore.
10. NON-DELIVERY RESPONSIBILITY- Cash Auctions does NOT ship items (unless otherwise stated) and will not, in any event, be liable for non-removal nor for any other matter, to any purchaser. Bidders are subject to the following fees unless they are a Gold Member (paid subscriber):
a. Disposal Fee: Any Packaging or Items left behind at Removal will incur a $5.00 fee per box/item. This will be automatically charged to the bidder's invoice.
b. Loading Fee: For Assistance with Loading during Removal, a $10.00 fee will incur for EACH member of our staff that is required to help- $20.00 if forklift is required. This will be automatically charged to the bidder's invoice.
c. Late Fee: For Late Pick Up of purchases up to 1 week from the advertised removal date, a $25.00 fee will incur. This fee is only for lots sold at our facility (210 Sawyer Ave.) and will be automatically charged to the bidder's invoice if they require a later pick up date. We can only hold items if advance notice is given.
11. REMOVAL- By Appointment ONLY. Removal Dates & Times are STRICT and will be listed in the details of each Auction, as well as in Lot #1. Someone may pick up on your behalf ONLY if they have written permission- a copy of their photo ID will be made at removal. A link will be provided in an email and text to make an appointment for pick up. Failure to comply, could result in the following:
a. Our Facility (210 Sawyer Ave, Tonawanda, NY 14150): Failure to pick up your lot(s) on the scheduled date/time will result in your lot(s) being forfeited if advance notice is not given (no-call/no-show). All monies will be kept as liquidated damages.
b. Off-Site: Failure to pick up your lot(s) on the scheduled date/time will result in one of the following:
i. Lot(s) will be considered forfeited, and monies kept as liquidated damages. or
ii. A minimum $50 removal fee should transportation of said Lot(s) be possible (at the discretion of Cash Auctions). Lot(s) will be brought back to our warehouse and must be picked up within 3 business days. Lot(s) will be considered forfeited, and monies kept as liquidated damages if not picked up on time.
12. FAILURE TO COMPLY- Upon the failure of the buyer to comply with these terms and conditions, the buyer may be Blocked/Banned from bidding in future auctions and the property may be resold without further notice. The purchaser may be held responsible for any deficit and charges arising from such resale. At our discretion, a Bidder may lose bidding privileges at any time. Some potential reasons may include, but are not limited to: non-payment, incorrect bidder information, chargebacks, threats of any kind, excessive rudeness, harassment, repeated late payments, repeated failure to pick up, or for any reason we deem fit.
13. ADDITIONAL TERMS AND CONDITIONS- Additional terms or conditions of sale may be added by the auctioneer by announcement prior to close of the auction.
14. ONLINE AUCTION DISCLAIMER- Cash Auctions shall not be responsible for bidding errors resulting from your personal device(s) (phone, computer, tablet). Cash Auctions will not be held responsible for any interruption in internet/cellular service, errors, and/or omissions, caused by any means. Continual, uninterrupted or error free service when using our Bidding Site cannot be guaranteed. By bidding Online, you are accepting that the auction is conducted electronically and relies on hardware and software that may malfunction without warning.
15. FINAL NOTICE- By Registering for an Auction, you acknowledge acceptance of these terms.