Additional Terms and Conditions are Posted at the Auction Site and Supersede These Terms and Conditions.
WELCOME TO COPPER STATE AUCTIONS!
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID
Bidder and Auctioneer agree that the terms listed below shall govern the online auction sale.
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
REGISTRATION: All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. Copper State Auctions, at its sole discretion, may deny registration to any person or entity. Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Copper State Auctions, or in their sole opinion detrimental to Bidding Activity, then Copper State Auctions reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey all local state and federal laws. Violations will result in termination of web site use privileges.
AGREEMENT TO TERMS: Access and use of any online auction site of Copper State Auctions (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. Copper State Auctions reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
SUSPENSION / PERMANENT BAN: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number.
ITEM DESCRIPTIONS: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct and every effort has been made in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Copper State Auctions acknowledges that some information may be inaccurate or incomplete. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Copper State Auctions. Concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges caveat emptor and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidders must rely solely on personal inspection and not on information listed on the Site or otherwise provided by Copper State Auctions or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Copper State Auctions cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. Use of this site is at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
COMPLIANCE AND PROPERTY: Copper State Auctions conducts all auctions according to, and in compliance with, the Uniform Commercial Code §2-326, §2-328 and the Uniform Sales Act. In addition, as required by statute, we coordinate with local law enforcement agencies regarding the origin and background of stolen property in respect to the sale of all goods offered at our auctions.
BIDDING: Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between you, as the Bidder, and both Copper State Auctions and the Seller. Your bid further indicates that you, as the Bidder, are prepared to purchase items under these terms and conditions.
MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid unless a previous higher bid has already been placed. Another bidder has to bid to increase the current price and the computer, auctioneer, proxy or staff member will automatically bid up to your maximum, if necessary, in the increments specified.
ONLINE BIDDING AUTO EXTEND FEATURE: If an auction receives a bid in the last five minutes, the ending time for that auction will automatically be extended by five minutes and can continue indefinitely. Once five minutes have passed without any bidding, the item will close to additional bidding. This feature prevents "sniping" or electronic bid rigging and allows all bidders an equal opportunity to be the high bidder, if they so choose.
ITEMS OFFERED: All Goods Are Offered for Auction Online Only. All items/lots/property also know as "Good's" are sold "As Is, Where Is" without any warranty or guarantee, either expressed or implied by the seller, auctioneer, auction company or its agents. Goods offered for sale are described and include titles and descriptions believed to be accurate, however do not rely on catalog descriptions as a substitute for provenance or title. Your bid is a contract to purchase goods offered and all sales are final. No Adjustments to Price or Refunds Will Be Given.
AUCTION WITH RESERVE: Copper State Auctions conducts auctions with reserve prices. Per Uniform Commercial Code, an auction "with reserve" is one in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and/or all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. Sellers reserve the right to bid on all auctions. Auctioneers and their employees reserve the right to bid on their own, or the Seller's behalf. Reserve prices on certain items may or may not be revealed before or after the offer of the item for sale at auction.
SHIPPING: Shipping Will be Charged at the Commercial Shipping Rate of USPS, FedEx or UPS. Whichever shipment provider offers the most cost effective, efficient and safest way to ship goods to the buyer will be utilized. All shipments, over $50.00, will be insured in the amount of the total hammer price of item(s) won. An adult signature may be required for receipt of all shipments. Any damage and/or claims must be made through the third party shipper. If additional insurance is desired, please contact us within 24 hours of the close of the lot/end of the auction. A minimum handling charge of $5.00 will be added to all shipments for cost of shipping materials. It is the responsibility or the buyer to provide a legible, accurate and deliverable address so items can be shipped without delay or return.
ITEMS NOT CLAIMED: remaining 30 days after removal deadline will be considered as abandoned, and ownership will revert to Seller, who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale.
MISSING ITEMS: Goods offered for sale become the Bidder’s/Buyer’s responsibility when the auctioneer says, “Sold.” Bidders/Buyers are responsible for the safety and security of their property; please guard your items against theft or breakage as no adjustments in price or compensation will be made for damaged or missing goods.
When shipping items, we document the contents of each package. Please do not discard the original shipping box and packaging if you think something is missing. Please contact Copper State Auctions immediately if you believe an item is missing. All claims of missing items must be made within 72 hours of delivery of the item(s).
ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory, purchase price or bid amount after the item or lot has been sold at live auction or shipped. Copper State Auctions reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated at the end of each item or lot by live cry of “Sold” or, in the case of an online auction, a soft close and through online computer automation. If a dispute arises between two or more Bidders, Copper State Auctions reserves the right to reopen bidding. Copper State Auctions designation of the Buyer shall be final.
BUYER'S PREMIUM and TAX: Unless a specific auction states otherwise, an 8% buyer's premium and sales tax will be charged on all items and lots. Every bidder pays the same buyer's premium and tax rate and should bid accordingly. For example, if you bid $100.00 on an item at the auction you will be charged $108.00 for the item on your auction invoice, and then a local tax rate will be calculated on the total sales price. For example, a tax rate of 8.05%, on a $100.00 item bought at auction will be assessed an 8% buyer’s premium, a tax rate of 8.05% on $100.00 for a total final sales price of $116.05.
PAYMENT: Buyer will receive a printed invoice at a live auction or via electronic mail, at an online auction, after the close of the auction. Payment for purchases must be made by Visa, MasterCard, American Express or Discover Card if bidding online. Cash will be accepted at live auction events; Personal or Business Checks and Money Orders will NOT be accepted for payment at any auction event. All Goods Bid Online Will Be Charged to The Card on File When Registering. If a Credit Card Cannot be Charged and Verified, the Buyer Will Be Contacted and Asked for Another Card Number. In the event of a non-performing buyer, the buyer's registration information will be shared with other online venues in an attempt to collect payment. Blacklisting the buyer may also occur. Any item or lot not paid for in full within 5 business days will result in suspension or permanent ban of bidder number. No credit card charge backs will be allowed. Ownership of unpaid items will revert to Owner/Seller who may re-sell or dispose of items at Seller's discretion
—State and Local Tax is Collected on All Goods Sold Regardless of Purchase Location or Destination—
All sales are subject to appropriate state Sales Tax laws, in Arizona we are required to charge sales tax on all items sold in the originating location; the sales tax rate is currently 6.7% (the percentage will be higher if a sale is in an incorporated town or city. The minimum tax rate on all auctions is 6.7%, the amount will change based on where the current retail city tax rate where Copper State Auctions is conducting the auction). If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase. This sales tax exemption certificate must be presented to, accepted and approved by Copper State Auctions before the close of the auction. Please email documents to email@example.com.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Copper State Auctions and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Copper State Auctions until terminated by Copper State Auctions. Copper State Auctions may terminate this agreement at any time, without notice, at Copper State Auctions sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Copper State Auctions reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE: Copper State Auctions cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Copper State Auctions, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Copper State Auctions is final.
PRIVACY: Copper State Auctions gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Copper State Auctions does not sell or rent this information. Copper State Auctions uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to Copper State Auctions to have your name promptly removed from our list.
BID IS A LEGAL CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Copper State Auctions. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
A few words about inspection and preview:
It is the responsibility of the Bidder/Buyer to use the inspection/preview period for verification of condition, authenticity, description, weight, count, measure and completeness of all goods offered for auction and before purchase. Do not rely on catalog descriptions, auctioneer’s description or photos as a replacement for physical inspection. Copper State Auctions, its employees, principals, agents or auctioneers make no warranties or representation of any kind regarding all goods offered for sale. The failure of any bidder to inspect or to be fully informed as the condition of the goods offered will not constitute grounds for any claim or demand for adjustment or withdrawal of bid. The auctioneer and/or auction company is acting as agent only and is not responsible for acts or statements of its principals.
By registering you represent and warrant that any and all buyer information is correct, current and valid and agree to all conditions including, but not limited to: Copper State Auctions terms and conditions, payment terms and conditions and any additional conditions set forth, verbally or written at this auction. Your acceptance of a bidder number constitutes an agreement and compliance with all terms and conditions. No one under 18 years of age is allowed to bid.
Conspiring to hold down prices or discussing price before bidding is called collusion, is considered bid rigging, and is a felony offense; do not discuss price with anyone before bidding. After the item is sold, it is acceptable to discuss price or barter goods. Copper State Auctions conducts all auctions according to, and in compliance with, the Uniform Commercial Code §2-326, §2-328 and the Uniform Sales Act. In addition, as required by statute, we coordinate with local law enforcement agencies regarding the origin and background of stolen property in respect to the sale of all goods offered at our auctions.
State and Local Tax is Collected on All Goods Sold
Additional terms may be posted or announced, please ask us for any additional terms and conditions specific a given auction.