TERMS & CONDITIONS FOR REPOMAX AUCTIONS
This is a legal agreement between you, the user bidder and RepoMax Auctions.
You must be at least 18 years old to bid.
RepoMax Auctions, at its sole discretion, may ban from further use, any buyer or seller which it believes to have misrepresented itself or any item selling or sold, failed to abide by the terms and conditions or conducted any improper auction or behavior as determined solely by RepoMax. Any seller who misrepresents their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
Acceptable forms of payment are as follows: Cash, Visa, MasterCard, Cashier's Check (which requires a hold until it clears, unless drawn upon our financial institution), Bank Wire.
All winning items must be picked up by high bidders no later than Saturday at 2:00 PM. Winning bidders must pay for all items in full. A buyer's premium of 13% will be added to the total winning amount (before sales tax) if the bidder pays via cash. A buyer's premium of 18% will be added to the total winning amount (before sales tax) if the bidder pays via credit card, cashier's check or wire transfer. With all vehicle purchases the buyer will be responsible for a 95.00 broker fee, tittle fee, and a registration fee.
All bidders are subject to the Michigan 6% sales tax unless you provide our office with the documentation we require for an exemption (for example: out-of-state buyers and out-of-country buyers must pay sales tax on all items including titled items, unless stated differently in the auction terms.
RepoMax reserves the right to charge your credit card a 20% deposit during the auction or 20% immediately following the close of bidding of your total purchase amount. If a deposit is issued or incurred, the balance will be due within five days and prior to removal of purchased item(s), payable by cash, credit card, cashier's check or wire transfer.
Personal checks & other notes:
No personal or company checks will be accepted for any amount. Note that the purchase price is the sum of the bid price, buyer's premium, buyer's fee (if required, i.e. titles, registration, firearms, etc.) and sales tax. All payments must be in U.S. funds. RepoMax reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid by you within 5 days. We do not accept partial payments. Invoices must be paid in full.
GENERAL AUCTION TERMS:
All items sell "AS IS / WHERE IS" with no warranty, expressed or implied, as to the merchantability or condition for any goods offered in this sale.
NEWS!!! New Policy - RepoMax Inc. and all employees will not assist in removal of heavy items (furniture, heavy equipment, large tools) from vehicles or loading into vehicles. Buyers are responsible for all removal of furniture and heavy lifting. RepoMax will not supply tools to take apart or breakdown items.
All sales are made on an "AS IS / WHERE IS" basis with all faults. Buyers are strongly encouraged to physically inspect the item(s) during the inspection period and prior to bidding.
Bidding on items:
No bids can be withdrawn before, during or after the auction for any reason. The winning bidder or BUYER agrees that these terms as well as all other terms set forth below, can only be amended or revised in writing, signed by the auctioneer. The BUYER also agrees that any oral representation made by the auctioneer shall not modify the "AS IS / WHERE IS" terms. The BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct and no responsibility is assumed by RepoMax or any seller or consignor for any errors or omissions.
Item sales & item removal:
RepoMax reserves the right to accept or reject any and all bids (including high bids) on ALL ITEMS that sell through auction.
All purchases must be removed from the auction site without damaging any property and within the time stated in the auction listing. All costs, responsibility and risk of item removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal.
If, for any reason, a buyer fails to remove any winning items within the time specified, RepoMax shall have the right, but not the obligation, in its sole discretion, to resell, discard, remove or store unclaimed items at buyer's sole risk and expense. Late pickups WILL incur a storage fee which will be in the auction listing. Storage fees will begin on the last day of pickup as soon as our office has closed and will be charged at the BEGINNING of each day thereafter-- including the weekend. Storage fees must be paid at the time of pickup and payment. All fees are non-negotiable and will not be withdrawn for any reason.
RepoMax uses a dynamic bidding system. This means that an item will NOT sell/close at the end of the auction until there is 10 minutes of bidding inactivity. There is no "sniping" or last second bids. Everyone gets a chance to continue bidding on an item(s) until they no longer wish to bid.
For example: if an item is bid on at 8:55pm and the auction is scheduled to close at 9:00pm, then the ending time will automatically extend to 9:05pm. If another bid is place at 9:03, the auction will extend until 9:13pm. Remember: there must be 10 min of bidder inactivity before an item may close.
The seller, their agent or RepoMax reserve the right to bid on the seller's item in order to protect their investment or reserve bid. Sellers will be responsible for all fees associated with buying back and listing their items. There are no discounts for buying back your items.
Auction dates and times:
Closing times and displays of RepoMax's auctions are approximate. Our items usually start ending between 9-10 PM. RepoMax reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone where the auction is located.
Check the auction listing for current buyer percentages, auction location, inspection times, pickup times, storage fees.
REPOMAX RIGHT'S AND POLICIES:
Right to terminate bid or purchase:
RepoMax has the right to terminate any purchase or bid for any reason. If, for any reason, RepoMax is unable to complete the sale of any purchase or provide a purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, the buyer agrees that RepoMax may terminate the purchase/agreement. RepoMax's only liability will be the return of any monies actually paid by the buyer.
Lawsuits or claims:
All bidders, consigners and buyers agree to bring any lawsuits or claims against RepoMax in the county of its current residence. In the event of legal proceedings arising from this contract or from the auction in connection therewith, the buyer agrees to being subject to the personal jurisdiction of the courts of the State of Michigan. The buyer or seller also agrees that the venue shall be in Macomb County, Michigan and that the laws of the State of Michigan shall govern this agreement and the parties within.
Damages and liability:
The buyer expressly agrees to indemnify RepoMax, the seller/consigner and their assigns harmless from any and all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auction Co., or anyone acting on his/her behalf in connection with or arising out of auction services, except that the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the Auction Co.'s sole negligence.
Remember: it is the bidder/buyer's sole responsibility to physically inspect items before the bidding process. The buyer agrees that if they come into the auction facility and visually/physically inspect all items before they bid, then they will have no reason to call the auction house or express complaint because a description, picture or advertisement contained an error or omission. RepoMax attempts to act in the express interest of both buyers and sellers but occasionally errors occur during the lotting process.
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
DISCLAIMER OF WARRANTY AND RELEASE:
All users, buyers and sellers agree that use of this website is at your sole risk. Neither RepoMax, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors, or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site or as to the accuracy, completeness, reliability, security, or currency of the site.
The website may contain errors, omissions, inaccuracies, or outdated information. RepoMax does not warranty the reliability of any information displayed or distributed through the site. RepoMax reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site and may make any changes at any time without notice. RepoMax makes reasonable commercial efforts to make the site available at all times, however, it is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the auction or the sale of items.
This website and the information, content and materials on this site are provided on an 'as is/where is' basis. RepoMax makes no representations or warranties of any kind, expressed or implied, as to the operation and functionality of the website or the auction items displayed. This is to be enforced to the fullest extent permissible under applicable law. RepoMax disclaims all warranties, expressed or implied, with regard to any of the materials, content or information on this site or any goods, products or services offered, sold or displayed on this site. Some jurisdictions limit or do not allow a disclaimer of warranties, in this case the above disclaimer may not apply to the engaged parties.
In the event that you have a dispute with one or more users or sellers, you agree to release RepoMax (and our officers, directors, agents, subsidiaries, employees, and parent companies) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES:
USERS, BIDDERS AND BUYERS AGREE THAT REPOMAX AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND THAT RESULT FROM ITS POSSESSION OR USE OF CONSIGNMENT OR SELLABLE MATERIALS, CONTENT, OR INFORMATION. REPOMAX IS ALSO NOT LIABLE FOR ANY ISSUES OR CLAIMS THAT RESULT FROM THE PURCHASE OR SALE OF GOODS THROUGH THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN THE EVENT (WITHOUT LIMITATION) THAT A NEGLIGENT ACT OCCURS, REPOMAX OR ANY OF ITS PROVIDERS SHALL NOT BE HELD LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS INCLUDES (WITHOUT LIMITATION) LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR INTERRUPTION OF BUSINESS. THIS IS REGARDLESS OF WHETHER REPOMAX OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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