Terms & Conditions
Terms & Conditions
ONLINE Terms and Conditions – SMC, LLC
1. REGISTRATION:
All purchasers are required to give a full name and address. SMC, LLC, at its sole discretion, may deny registration to any person or entity.
2. MISPRINTS:
SMC, LLC relies on information about assets in the auction provided by the seller and undertakes no investigation of that information. SMC, LLC shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty therewith. SMC, LLC will announce any additions to or deletions from the catalog on the day of the auction. The auctioneer assumes no responsibility for, and makes no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders’ obligation to verify such descriptions prior to the auction.
3. REMOVAL:
The auctioneer will announce the removal, or “check-out”, period on the day of the auction. Small carryout items must be removed within the first 24 hours from the end of the sale. SMC, LLC assumes no responsibility for small items left after that time. No lot can be removed during the sale. All removal shall be at the expense, liability and risk of the purchaser, including disconnecting of utilities. If the purchaser does not remove an item within the announced check-out period, SMC, LLC and the seller may, at their sole discretion, deem the item to have been abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, SMC, LLC and the seller reserve the right to charge the purchaser for the costs of storage beyond the checkout period, and/or such said items may be resold at public or private sale, without notice, with all deficiencies and expenses charged to the defaulting purchaser.
4. PAYMENT:
All bills must be paid in full within the time announced by the auctioneer. Bills must be settled before any items are removed. NO EXCEPTIONS.
SMC, LLC accepts the following methods of payment: cash, cashier’s check, money orders or wire transfers. Personal and Business Check are accepted, however SMC, LLC reserves the right to require a bank letter of guarantee, guaranteeing payment in full, without condition upon Demand. A $40.00 handling charge will be added to the purchase price of all titled vehicles.
5. DEPOSIT:
A Cash Deposit may be required to register if stated or may be required to continue bidding after a monetary threshold has been reached. Failure to make a required deposit may result in suspension of bidding privileges.
6. CONDITION OF LOTS:
Bidders shall examine or inspect items either by appointment or during the stated times. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR SMC, LLC MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. SMC, LLC AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No allowance will be made for errors in cataloging, genuineness, defects, or imperfections not noted.
7. INDEMNIFICATION:
Purchaser agrees to indemnify and hold harmless both Owner and SMC, LLC from and against all claims and liabilities resulting from assets sold, including but not limited to: proximate or consequential damages, failure to comply with local, state or federal laws, and cost or legal expenses arising there from.
8. CLAIMS:
No claims will be allowed after the said item has been removed from the premises.
9. NON-DELIVERY:
Neither owner or SMC, LLC shall be liable for non-delivery to any purchaser of any lot, other than for the return to the purchaser the sum paid on said lots should the purchaser be entitled thereto.
10. COMPLIANCE WITH TERMS:
By obtaining a bidding number, each bidder represents and irrefutably warrants they shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of sale. Any bid they make on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. If bidder fails to make payment of bills in full, by the specified time, the auctioneer may retain all monies received as deposits or otherwise as liquidation damages. Immediate notification is required if a mistake is made in bidding, Buyer may still be held responsible for the bid.
11. DANGEROUS AUCTION SITE:
Bidders acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Persons attending during preview, sale or removal assume all risks of injury, damage or loss of property and specifically release the auctioneer from liability.
12. ADDITIONS OR WITHDRAWALS:
SMC, LLC may, in its discretion, offer the assets for sale by the piece or by the lot, or in any manner that best serves the interest of the seller. The seller has the right to add assets before the bidding, or remove assets from the auction either before or after bidding has been completed. In the event of a removal after bidding has been completed, the purchaser’s sole remedy shall be the refund of any purchase price actually paid
13. FALSE BIDS:
If the high bidder fails to complete the transaction SMC, LLC reserves the right to dispose of the asset in the best interests of the seller. Any High Bidder that fails to complete a transaction will be held responsible for all damages resulting from that action.
14. RECORD:
The record kept by SMC, LLC will be taken as final in the event of any dispute.
15. AGENCY:
SMC, LLC is acting only as an agent and is not responsible for the actions of the principals.
16. EXPORT:
Purchaser agrees to comply with all applicable US export laws, and acknowledge that SMC, LLC is not the exporter of any items. Certain items offered at the auction may constitute “Restricted Technology.” Under federal law, such items cannot be shipped outside of the United States. SMC, LLC makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology.
17. RESERVE:
All assets in the auction shall be sold to the highest bidder provider, however, that some items may be auctioned with minimum reserve prices, and/or subject to the seller’s right of confirmation. On lots with a reserve the auctioneer reserves the right to bid on behalf of the seller. SMC, LLC reserves the right to reject any bid that is only a minimal increase over the previous bid.
18. COSTS OF COLLECTION:
SMC, LLC shall be entitled to collect all damages, costs and expenses incurred in connection with collection of any amounts owed to SMC, LLC by Purchaser, including without limitation any attorneys' fees.
19. DISPUTES:
Purchaser agrees that the purchase from SMC, LLC occurs in Iowa. Any disputes between SMC, LLC and Purchaser shall be governed by the laws of the State of Iowa without regard to the provisions thereof which concern conflicts of laws. Purchaser agrees that any controversy arising between the Purchaser and SMC, LLC shall be litigated exclusively in Iowa. The state and federal courts and authorities with jurisdiction in Iowa shall have exclusive jurisdiction over all controversies which shall arise between SMC, LLC and Purchaser. Purchaser irrevocably consents to service, jurisdiction, and venue of such courts for any such litigation and waives any other venue to which it might be entitled by virtue of domicile, residence or otherwise.
20. WAIVER OF JURY TRIAL:
Purchaser hereby knowingly, voluntarily, and irrevocably waives any and all right to a trial by jury in any legal proceeding arising out of or relating to these terms
21. ENTIRE AGREEMENT:
These Terms and Conditions contain the entire understanding of the parties hereto with respect to the subject matter addressed herein and supersede all prior agreements, discussions, negotiations and understandings between the parties hereto with respect to such subject matter.
22. CONTRACT MOVERS/RIGGERS:
Any type of outside contractors, including riggers and machinery movers, will not be allowed to work on the auction premises until they have provided SMC, LLC proper insurance, protecting SMC, LLC, the seller and the landlord from all and any claims resulting from their actions.
23. ADDITIONAL AUCTION TERMS:
Additional terms may be posted within the SMC, LLC website or via email to active bidders.
24. MALFUNCTION:
ANY Malfunction, Shutdown or Temporary loss of Service involving bidding for Items may render the results of the auction Void. In such an event SMC, LLC reserves the right to remedy the situation in whatever way best represents the seller, including canceling the existing bids.
25. CREDIT CARD INFORMATION:
Credit Card information submitted during the registration process (if required by SMC, LLC) may not be used for payment of any lot(s) that you ("Buyer") are the High Bidder on at the close of a SMC, LLC auction. SMC, LLC reserves the right to charge your credit card for the full amount of your winning lot(s) plus any applicable sales tax and/or Buyers Premium if you have not made payment to SMC, LLC on or before the final day of the auction checkout. Cash, Cashiers Check, Money Order, Personal or Business Check and Wire Transfers are the only acceptable forms of payment for SMC, LLC Auctions.
26. EMAIL:
By registering to bid you will automatically be registered to receive email and or mail notifications of our future auctions. Should you opt not to receive notifications follow the unsubscribe instructions within the email received or follow the instructions within the Auction Notifications link on our website. We will not share any of our bidder information with outside parties.
