D. Jennings TX Lic 12078 All items sold as-is where-is, no guarantees expressed or implied. Bidders are encouraged to preview and inspect prior to the auction.
A buyer's premium of 13% will be applied to all online purchases. Payment by credit cards will incur an additional 3.5% fee.
The credit card that is used to register will be charged after the auction for the full invoice amount unless other arrangements are made. Call 361-726-6243 for help with this. There are no refunds or exchanges.
Payment terms are; cash, approved check , bank wire, cashier's check, Mastercard, Visa, & Discover. Due to rampant credit card fraud, internet purchases of electronics, gold, silver, coins/numismatics & jewelry over $1,000.00 THAT REQUIRE SHIPPING must be paid by wire transfer or the bidder can mail certified funds to: ELCO Auctions, 700 Voss, Odem TX 78370
ELCO Auctions-Auction Terms & Conditions
AUCTIONEER reserves the right to bar anyone from participating in the auction or refuse admittance at any time.
1. AUCTIONEER is not liable for any person, event, or claim for injury or damage to any person or property of any kind or nature including acts of God. AUCTIONEER makes no claim, guarantee or warranty expressed or implied or any other representation as to the nature, condition, make, model, or function of any property real or personal at this auction.
2. All items will be sold as is, no guarantees expressed or implied. No statement anywhere, whether oral or written, shall be deemed such as a guarantee, warrantee, or representation. Prospective bidders should inspect the property before bidding to determine condition, size, etc. No refunds or credits will be issued. Buyer assumes all responsibility or damages to the products or for injury caused by the product at the time when the AUCTIONEER says "SOLD".
3. There is a 13% buyer's premium on all purchases. Payment by credit cards will incur an additional 3.5% fee.
4. The products may not be removed from premises until paid in full by cash, certified check or other approved means.
5. Children under the age of (16) are not allowed in the auction area.
6. Purchaser (Bidder) eligibility: High bidder must be at least 18 years of age and have a picture ID. By participating as purchaser in any sale at auction, the purchaser represents that he/she is: a) registered with ELCO Auctions (AUCTIONEER) to purchase; b) subject to the Terms and Conditions contained herein and other applicable auction rules, including but not limited to any local auction rules, as a condition of doing business at the Auction. Persons shall be considered registered if the person has completed all registration requirements of the AUCTIONEER. Application for registration shall constitute authorization for Auctioneer to investigate and verify all information provided to Auctioneer. Purchaser agrees to consent to the use of his/her likeness for the purpose of future advertising for ELCO Auctions.
7. Sale Procedure: Unless designated by the AUCTIONEER, all sales will be deemed consummated when and the AUCTIONEER SAYS "SOLD", with the AUCTIONEER calling out the purchaser's bid badge number and sale price and the block clerk recording that sale and all specific terms thereof. All sales shall be final and legally binding only when the highest bid is accepted by the seller and recorded or a subsequent offer or counteroffer is accepted and recorded. The seller and/or purchaser will be bound by the written record of the purchase and sale and the terms thereof, as orally announced to such parties. All items are sold with reserve unless otherwise stated. In the case of a tie bid, at the AUCTIONEER's discretion, bidding will be re-opened between the two parties in question ONLY. The AUCTIONEER'S decision on the tie bid is final.
8. Payment Terms: All purchases must be paid for and/or payment arrangements made and all fees satisfied on day of sale. All payments are to be made by cash (US currency), cashier's check, personal check, with a bank letter of guarantee, third-party bank draft or credit card.
9. Seller covenants, guarantees, and warrants that with respect to each item assigned for sale though the Auction that title to the item will be transferred valid and free from all title defects, liens, and encumbrances.
10. AUCTIONEER and Seller are not responsible for any loss or damage to the property at any time.
11. All decisions and conditions of sale set forth by the AUCTIONEER at the time of sale are FINAL.
12. Changes to Auction Terms and Conditions: These Auction Terms and Conditions are subject to change as amended. Any oral amendments made by the AUCTIONEER will supersede these terms and conditions and are final.
13. Resellers must execute a valid resale certificate to receive a buyer's number with the intention of not paying sales tax.
14. Delivery of Items: No item shall be delivered to purchaser before final payment is received by the AUCTIONEER in collected funds and no item shall leave the premises until all financial obligations related to the sale of the item are met, including but not limited to all tax, title, and
licensing fees. Ownership shall pass to the Purchaser only when AUCTIONEER is paid with collected funds.
15. Miscellaneous: No waiver of the provisions hereof shall be effective unless in writing and signed by the AUCTIONEER. The Auction Terms and Conditions shall bind the respective heirs, executors, administrators, successors and assigns of the purchaser and inure to the benefit of the Auctioneer and Seller and its successors, assigns and subrogates. These Auction Terms and Conditions and any and all agreements or authorizations executed by the purchaser or seller in connection here with shall be governed by and interpreted in accordance with the substantive laws of Texas without resort to principles of conflicts of laws. By execution of these Auction Terms and Conditions, the purchaser submits to the personal exclusive jurisdiction of the courts of the State of Texas and to venue in the Circuit and Superior Courts of San Patricio County, Texas for the adjudication of any matters arising under or in connection with these Terms and Conditions. Any action initiated by the purchaser against AUCTIONEER or Seller relating to these Auction TERMS and Conditions shall be conducted in said courts.