Auction Terms & Conditions Auction Terms & Conditions
Sales Tax: 8.25% Sales tax will be applied to invoice total unless Please email a copy of the certificate to Auctioneer at firstname.lastname@example.org file prior to the conclusion of the auction to exclude sales tax from your purchases on your final invoice.
Participation Requirements: Valid Credit Card required for bidding approval
Payment Options: Visa, MasterCard, American Express and Discover
Currency Type: USD
Shipping Instructions: No Shipping available. Merchandise is to be picked up only.
Auction Closing Date and Time: January 17, 2022 --- 10:00 A.M.
Preview and Inspection: No Preview Available
Pickup / Removal: Merchandise must be removed January 17-18, 2022, during the hours of 9:00 AM - 4:00 PM. IF YOU CANNOT PICK UP THE ITEM DURING THE SCHEDULED PICKUP TIME --- PLEASE DO NOT BID!
Cleaning Deposit: $50 PER UNIT
Vehicles: The facility has sent letters and published the ads required under Chapter 59 for the sale of vehicles. The Auctioneer does not warrant the accuracy or completeness of the paperwork required for transfer of the vehicle title. The prospective buyer should verify with the facility in advance any questions or concerns about the documents to be furnished with the sale of the vehicles. The facility makes no representations as to any ability of purchaser to acquire legal title to any such item purchased at the auction sale. Unless the newspaper notice advertising the sale contains notice of a vehicle, trailer, boat, or outboard motor in the unit, any such item found in the unit is deemed NOT included in the sale and does not transfer, and must remain in the unit after the sale
Agreement between Auctioneer and Bidder (Terms and Conditions):
These Terms and Conditions apply to all items offered for sale herein by Davis Auctioneers, LP / Texas Star Auctions (Auctioneer) and you, the registered bidder (Bidder) as a contract for the purchase of items via the online auction. The Auctioneer reserves the right to modify these Terms and Conditions at any time and any such modification shall become part of these Terms and Conditions. By registering to bid and / or placing a bid, the Bidder acknowledges that they have read and understand and have agreed to be bound by all these terms and conditions and any other announced terms and conditions of sale or rules of the site.
This auction will feature online Internet bidding only. Bidders must be pre-registered with a credit card on file, current valid e-mail address, and cell phone prior to bidding. A bid by any person shall be conclusive proof that the bidder has made themselves familiar with the terms and conditions contained herein. Your Bid Is A Legal Binding Contract. If you are designated as the winning Bidder, you agree to pay the full bid amount plus applicable sales tax and required deposit. All sales of the items are subject to the rights of owners to redeem the property immediately prior to the closing of the auction sale.
All property is sold "AS IS", with NO WARRANTIES OR GUARANTEES expressed or implied. Auctioneer or Seller shall assume no liability and will not be responsible for the correct description, authenticity, workmanship, quality, errors, omissions, genuineness, merchantability, fitness for a particular purpose, or defect in any lot and makes no warranty in connection therewith. No allowance, discount, set aside, or refund shall be made on account of any incorrectness, error in cataloging, imperfection, defect, or damage. Any and all descriptions, photos, or representations are for identification purposes only and are not to be construed as authenticated or as a warranty of any type. It is the sole responsibility of the Bidder to have satisfied themselves as to its condition, value, authenticity, origin, genuineness, usefulness, or description. All sales are final. Auctioneer and/ or Seller assume no liability for errors or omissions.
Bidders who bid online understand and acknowledge that they may not be able to inspect an item in advance. Preview or inspection is not guaranteed to be available for all auctions. Auctioneer shall endeavor to describe in detail each item and any pertinent information about it in advertising and on the bidding site but makes no representations. Bidder agrees that that they may not return any item they purchase. Bidder shall base their bid accordingly upon their judgment solely. It is the sole responsibility of the Bidder to check federal, state, and local laws governing the purchase, possession, and transportation of all items. Auctioneer reserves the right to deny or revoke any bidder at any time, without notice or consent at their sole discretion.
Internet bids are a contract and Bidders are responsible for honoring them. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless Auctioneer and Seller and their employee, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, theft, accidents, fire, losses, damages, liabilities, judgments, fees, costs and expenses including reasonable attorney's fees and expenses related to, arising from or associated with buyer, 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 item, 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.
Bidder acknowledges and understands that this bidding service may or may not function correctly the day of the auction. Auctioneer does not guarantee that its system for placing, receiving, collecting, and tabulating bids on Internet auction sales will be available without interruption, error-free or free from other defects. Auctioneer assumes no obligation to ensure that a Bidders bid is received, properly and effectively processed, or accepted. Auctioneers shall not be liable for any technical errors or problems with the internet auction system of this website. If there is an internet failure during bidding, the auction will continue as normal, and the item will be sold to the bidder with the highest bid at the conclusion of the auction. Under no circumstances shall Bidder have any kind of claim against Auctioneer or anyone else if the Internet service fails to work correctly before or during the auction. Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid prior to the auction beginning. The item is closed the moment the Auctioneer or online platform indicates the item is sold to the bidder designated by the Auctioneer and / or online platform. Attempting to place a bid after the close of an auction will not allow an extension to the auction end time.
All persons attending preparation, inspection, sale, or removal of merchandise assume all risks whatsoever of damage or loss to person or property and specifically release the Auctioneer and/or Seller from all liability. The Auctioneer and /or Seller shall not be liable by reason of any defect in or condition of the merchandise or premises on which the sale is held. Bidder is responsible for providing the supplies, boxes, packing material, tools, equipment, etc. necessary, as well as the physical labor for dismantling, rigging, crating, loading, and hauling at their own expense.
Any dispute among bidders will be settled by the Auctioneer at his sole discretion, and his decision and remedy will be deemed final. The record of the auction made by Auctioneer shall be conclusive.
Tenant foreclosure units may be removed from the auction at any point prior to or during the auction. All sales are subject to the right of the tenant of the unit to redeem the property any time prior to the closing of the auction sale. Auctioneer reserves the right to: a) cancel or postpone the closing of the auction for any reason including government mandates or acts of God. b) reject any and all bids. c) place bids or minimum bids on behalf of the Seller, absentee bidder, or Auctioneer as Bidder at their sole discretion. d)withdraw from or add to auction any item before or during the sale. d) resell any item not paid for in full on sale day. e) group, subdivide, sell lots times the money, or sell lots in bulk when it is in best interest of the Seller. Buyer shall be responsible to the Auctioneer for any and all expenses of collection and resale and any damages that may arise from the resale.
Successful Bidders will be notified by e-mail within 24 hours of the conclusion of the auction with an unpaid invoice. Payment will be made by credit card on file with Bidder's submitted registration. Visa, MasterCard, Discover, and American Express credit cards are the only cards accepted. All accounts must be settled at the conclusion of the auction. Your credit card will be charged for your purchases plus any applicable taxes and deposits immediately following the conclusion of the auction. An email confirmation & paid invoice will be emailed to Bidder confirming process of payment. If the Auctioneer is unable to confirm payment and the Bidder cannot be reached by cell phone within one hour, Auctioneer reserves the right to resell the items without notice at the discretion of the auctioneer. A pre-auction authorization will be performed to establish available credit. Nothing will be charged to your card until a purchase is made. Credit card chargeback's WILL NOT BE ACCEPTED. NO EXCEPTIONS. All purchases must be paid for, in full, prior to removal of any items from the auction site. Any invoices / items not paid for may be resold or disposed of at the discretion of the auctioneer. Bidder agrees if they fail to pay for the item(s) they are high and final Bidder on, the Bidder will be in default and the Auctioneer will have the right to resell the item and Bidder will pay for any expenses associated with the resale and any deficiency between the original sales price and the resale price.
Merchandise must be removed according to the designated schedule listed for this auction. Purchases not removed within the timeframe will be forfeited without refund and considered abandoned. Auctioneer and Seller reserve the right to resell, remove, or dispose of any items left on the premises beyond the deadline for removal and deny the Bidder any future participation at auctions. If you cannot pick up the item(s) during the scheduled pickup time, please do not bid. A paid invoice will be required to remove purchases. In the event the Bidder's items are considered abandoned, the Auctioneer will have the option of reselling, removing, storing, or disposing of the abandoned item(s) and the Bidder will be personally responsible for all costs and deficiencies associated with the abandoned items. All units must be left "broom" clean with all items removed no later than the deadline stated above. All deposit amounts shall be retained if the unit is not left in this state. The property dumpster may not be used by buyers. Failure of buyer to abide by this or any other sale term will result in denial of future bidding rights. Upon purchase the buyer becomes the owner of all the unit contents. It is the buyer's legal duty to properly dispose of all items warranting disposal, including any records containing sensitive personal information.
Sales tax will be charged unless a valid Texas Resale Certificate is provided at registration or in the case when no tax is due for items such as vehicles, boats, boat motors, or trailers. Please email a copy of the certificate to Auctioneer at email@example.com. We must have this certificate on file prior to the conclusion of the auction to exclude sales tax from your purchases on your final invoice.
Successful Bidders become the new owners of the contents of the unit they have purchased once payment is confirmed. As such, they are the only persons authorized facility access, and then only for the purpose of entering those specific units. The facility reserves the right to over lock the unit until payment is received. FACILITY IS NOT RESPONSIBLE FOR ITEMS TAKEN FROM THE UNIT AFTER A SALE. Successful bidders may not resell the contents of a unit on site to a third party. The successful bidder is solely responsible for disposal of the contents of any and all units coming into their possession by way of the auction. Units must be completely emptied and left broom clean within the permitted timeframe. Use of the onsite dumpster is not allowed. Personal items in some cases may be requested to be left with the facility manager. Personal items include, but are not limited to; photographs, photograph albums, birth certificates, death certificates, diplomas, tax records, anything with a Social Security Number, and other items of that general nature.
All item or auction specific questions for this auction should be directed to: 817-291-7281 or firstname.lastname@example.org.
Failure by Auctioneer to enforce any provision of these Terms and Conditions shall not be construed or interpreted as a waiver of the Terms and Conditions. Any waiver of any term or condition shall be in writing, signed by an authorized representative of Auctioneer and shall be effective only for the instance specified in the writing. If any provision of these Terms and Conditions is deemed illegal, invalid, or unenforceable, the legality, validity and enforceability of the remaining parts shall not be affected.
We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask questions is well in advance of the auction. We appreciate your attendance, your business, and your referrals.
This Auctioneer is licensed and regulated by the Texas Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. Unresolved complaints or compliments should be directed to: Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, TX 78711/ 512-463-6599 or 800-803-9202 or www.tdlr.texas.gov
Be sure to visit our websites at www.texasstarauctions.com and www.davisauctioneers.com for any future auctions. Luther Davis, Auctioneer, TX#8325
Seller User Terms
Bidder User Terms