Auction Terms
Auction Terms: *TBA*
View Auction
Start Date: Wednesday, November 6th at 5:00 pm EST
Preview Date: Monday, November 4th 9am - 4pm
End Date: Tuesday, November 19th at 8:00 pm EST
Removal Date: Wednesday, November 20th 9am - 4pm
Location: 398 South Washington Street, Berkeley Springs , WV 25411
Description: Tizon Rotisserie Charcoal Oven, Very Nice Stainless Steel Exhaust Hood, Commercial Exhaust Fan, Manitowoc Ice Machine w/ Bin, Beverage Air 2 Door Undercounter Cooler, 3 Compartment Stainless Steel Sink, Turbochef NGO SOTA Oven, 20 Qt Avantco Mixer, True Single Door Undercounter Cooler, Casadia Dieci 3 Group Espresso Machine, and much more!
Terms:
THIS IS AN INTERNET ONLY AUCTION
Terms:
Auction Conducted Under and In Accordance with These Bidder Terms and Conditions: These Online Auction Terms and Conditions constitute a legal, valid, and binding contract between PCI Auctions and each bidder. The Auction is conducted under and in accordance with these Bidder Terms and Conditions and applicable law. By registering to bid each Bidder agrees to be bound by these Bidder Terms and Conditions.
SUMMARY OF TERMS:
What follows is a summary of these Terms and Conditions to give you an introduction to the general policies of our company. Please read these Terms and Conditions in their entirety prior to any bidding.
All items are sold "AS IS, WHERE IS," with NO warranty or guarantee, expressed or implied, by the Auctioneer, Auctioneer's employees, or the Seller. Items labeled as ‘Brand New Scratch and Dent’ may be missing parts and could be damaged. NO refunds or chargebacks will be granted due to the condition of the item. We do our best to accurately represent each item and test what we can. Tested and working means that we have tested the basic functionality of the item and NO warranty is made that it will work after the buyer transports/installs it. If you purchase refrigeration, please wait 48-72 hours after transporting it before you plug it in or you risk damaging the unit. Keep in mind that these items are restaurant worn and have been affixed to the wall in many cases. Descriptions are believed to be accurate but are not guaranteed. If you are not certain of the condition or have any questions regarding an item, please contact the division associated with the auction the item is listed under BEFORE placing a bid. Bidders are responsible for their own removal and/or shipping/storage arrangements. Removal shall be at the expense, liability, and risk of the buyer. If a bidder chooses to have us set up freight shipping for their items, we will not be held liable for any damage to the items during shipping. Any item(s) NOT picked up by the end of the scheduled removal day or any item(s) that shipping/storage arrangements have not been made for will be considered abandoned. Items will be released upon presentation of a paid receipt. Items will not be released without full payment.
We want everyone to get a good deal, and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness, or suitability for intended use, please bid accordingly. The auctioneer reserves the right to add or remove items from the auction, split or combine lots, add minimum bids, or reserve prices, cancel, suspend, extend or reschedule an individual item and/or auction event and/or make changes to the auction closing times or inspection or removal times.
PAYMENT TERMS:
We accept cash, MC, Visa, Discover, and AMEX. All invoice charges may be subject to a credit card transaction fee. We do NOT accept checks, money orders, or wire transfers of any kind. Full payment is due on the scheduled removal day regardless of shipping, delivery, or storage arrangements. If no contact has been made before the end of the scheduled removal day the credit card on file will be charged. Credit card may be charged at any time after invoices have been sent to collect payment by the end of scheduled removal day. If the full invoice amount cannot be collected at once, partial charges will be made until the complete total has been collected. If we send your delinquent balance to collections, you agree that you will be both personally liable as well as corporately liable for all charges and costs of collection on unpaid balances including, but not limited to .5% interest (6% annually), collection fees (up to 100%), court costs and reasonable attorney fees.
Buyer’s Premium: A 15% buyer's premium will be added to each purchase. For example, if you bid $100.00 you will be charged $115.00 at checkout plus tax.
Sales Tax: Varies based on the state in which the auction is held.
Conduct of Sale: All bids in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
NO CREDIT CARD CHARGEBACKS: Each Bidder agrees to NOT, under any circumstances, initiate a credit card chargeback with respect to any charges.
Each Bidder further agrees that if, in violation of these Terms and Conditions, a credit card chargeback is initiated by the Bidder, these Terms and Conditions shall be conclusive evidence of the Bidder's (i) agreement to not initiate a credit card chargeback and (ii) waiver of any rights to initiate a credit card chargeback. Each Bidder acknowledges and agrees that on the Auctioneer's presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which the disputed charges were made, such bank, credit card company, or other financial institution shall deny any credit card chargeback and shall re-credit all amounts to the account of the Auctioneer.
If a Bidder initiates a credit card chargeback, such Bidder, even if successful, shall remain liable for all purchases made at the auction and shall be responsible for all costs and expenses, including any attorneys' fees, collection fees, court fees, storage fees, packaging and handling fees, transportation fees, and/or disposal fees, etc., incurred by or on behalf of the Auctioneer or Seller in challenging the credit card chargeback. Auctioneer will press all appropriate criminal charges against bidder with successful chargeback and in possession of merchandise including but not limited to theft by deception. Each Bidder agrees that the agreement to not initiate a credit card chargeback is a condition to the issuance of a Bidder Number to the Bidder and is being made as an inducement for the Auctioneer to accept the Bidder's Registration and to issue a Bidder Number.
GENERAL:
Registration: To gain access to the bidding system, you must first register to obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide is true and accurate or risk indefinite suspension from participation in the auctions should you provide false information. In addition, you agree to review and be bound by these terms and conditions during the registration process.
Call Monitoring: We may record incoming and outgoing telephone calls between you and PCI Auctions for quality assurance purposes. We will notify you before we record any telephone call involving you and PCI Auctions. Your continued participation in the telephone call after we provide you with such notice serves as your consent to be monitored or recorded during the telephone call. We will only use the information collected during the recording for the purposes specified by us in these terms and conditions. PCI Auctions is responsible for complying with all applicable laws, rules and regulations related to the disclosures, recording, retention and sharing of recorded telephone calls. By using our services, you agree that we, and our agents, may record our telephone conversation with you for the purposes set forth herein, and you waive any rights you may have under applicable law restricting the same.
Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number, including contact information and credit card information, changes at any time you will notify the Auctioneer of the change by updating your profile, by phone or by email.
Suspension: We reserve the right to suspend bidding privileges of any bidder that breaches these Terms and Conditions, engages in improper conduct, and/or for any other reason that PCI Auctions deems appropriate.
Important Tax Exempt Status: If you are tax exempt, you must email a copy of your state's tax exemption form or certificate and bidder number to info@pciauctions.com. Forms without this information will not be accepted. If your form is received after an auction has already ended it will apply to future purchases only. You will have to apply to the state for a refund on past transactions. If you have any questions, call your local division.
Winning Bidder: Pursuant to these Bidder Terms and Conditions, the bidder who entered the Winning Bid for Item/Lot offered for sale at the Auction shall be the buyer of such Property.
Return/Refund Policy: ALL SALES ARE FINAL.
Bidders' Responsibility: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@pciauctions.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
IMPORTANT: The Auctioneer will have the option of reselling, removing, storing or abandoning items not paid for by the end of the scheduled removal day at the expense and risk of the Buyer. The Buyer agrees to pay all deficiencies, legal, collection, transportation, packaging and handling, and storage expenses associated with delinquent accounts or abandoned items. See Collections paragraph below for specific collection fees.
CHANGES IN CIRCUMSTANCE: All aspects of the auctions are subject to change without notice. The Auctioneer reserves the right to, at any time, (i) add or remove items from an auction, (ii) split or combine lots, (iii) add minimum bids or reserve prices, (iv) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (v) make changes to an auction's closing, inspection, or removal times, (vi) edit item descriptions and/or add/delete photographs from listings, (vii) or take any other action the Auctioneer deems necessary to effect the fair conduct of the sale or to protect the buyers', sellers', or other parties' interests. In the event a seller withdraws an item from an auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the Seller to establish the Auctioneer's earned commission and the Buyer's Premium due to the Auctioneer from the Seller.
Auctioneer is Not the Seller: The Auctioneer is the Seller's agent, not the Seller of the Item(s), and shall have no seller liability, whatsoever. Without limiting the generality of the foregoing, under and pursuant to Musser v. Vilsmeier Auction Company, Inc., 522 Pa. 367, 563 A.2d 279 (1989), the Auctioneer is not liable to any Buyer or to any third-party under a theory of products liability. The Auctioneer is not responsible for any acts or omissions of the Seller.
REMOVAL:
PLEASE DO NOT BID IF YOU ARE UNABLE TO PICK UP YOUR ITEMS DURING THE SCHEDULED REMOVAL TIMES OR UNABLE TO MAKE ARRANGEMENTS FOR SHIPPING OR STORAGE.
Please keep in mind how long it may take to load your order and arrive in the designated pickup hours with enough time to load your order before close of pickup day. Failure to do so or arrival late to a facility may result in the inability to pick up your item(s) until the following business day or the assessment of an after-hours pick up fee.
We can assist with the loading process in most instances. However, we will not be held liable for any damage sustained to your vehicle during loading. If you request that we load an item in a way that we deem unsafe to the item or your vehicle we may request that you sign a waiver. This includes laying down refrigeration of any kind. All items must be strapped and secured by the customer; our staff is unable to do so.
We will not be held liable for any damage to the item(s) or your vehicle during the loading and/or transit of your items. Additionally, we make no guarantee on the working condition of your item(s) once they arrive at their intended destination as we cannot account for transit of those item(s).
NO refunds or credit card chargebacks will be granted due to a failure to remove items at the designated time. After the scheduled removal time if no contact has been made to arrange storage or shipment, items will be considered abandoned and forfeited and you will be charged a removal fee to dispose of your items in addition to balance due.
In the event an item is not available for pickup, the buyer must immediately notify our onsite staff BEFORE leaving the premises to file a claim. By leaving the premises prior to filing a claim the buyer agrees that no adjustment or refund will be made.
If you are sending an authorized representative to pick up your merchandise on your behalf, please send an email or signed invoice with written authorization to release the merchandise to said individual. The individual must provide photo identification upon arrival at our facility. It is the buyer’s responsibility to ensure that the authorized representative picks up all items. If they leave without an item, do not receive a correct item, or receive less than the designated quantity of an item, and did not notify our staff BEFORE leaving the premises, the buyer agrees that no adjustment or refund will be made.
Shipping: If you require shipping and/or storage please contact the appropriate division on the scheduled removal date to make arrangements.
If we do not hear from you, any item(s) that are able to be shipped via ground shipping will automatically be shipped to the address on file the day after the removal date and all charges automatically charged to the credit card on file.
If an auction is ON SITE, there may be a transportation fee (in addition to pallet and shipping fees) to transport the item(s) back to the main warehouse to prepare for shipping. Additionally, if any of the items won are BUYER MUST REMOVE items there will be a removal fee assessed for our staff to remove the item(s) before transporting. Please contact the division in charge of that auction to receive a quote.
Please read our shipping information page (http://www.pciauctions.com/shipping.php) for more detailed information.
We will not be held liable for any damage during the shipment process. Items requiring extra packaging and handling (i.e., glassware, dishes, extremely fragile items, etc.) are subject to additional fees. If the purchaser requests for items to be packaged differently than what is recommended, they assume all risk therein and we will not be held liable for any loss or damage to those items. Call your local division before placing a bid if you have any questions about shipping and/or storage.
Storage Fees: We are NOT a storage company, but we understand there are times when storage is convenient. We often have auctions on hold waiting for the space that will be cleared. Storage fees will begin accruing at the end of business on the scheduled removal day UNLESS shipment arrangements have already been made. If your items are ready to be shipped, but we are unable to get a hold of you to finalize shipment arrangements, storage fees will begin to accrue.
Storage fees are based on square footage and labor to move orders, sometimes several times, throughout our warehouse. Those fees PER DAY and PER AUCTION are as follows: $10 for smallwares (pots, pans, blenders, small food processors, flatware, etc.), $20 for 1-5 large/light items (metro shelving, chairs, tables, microwaves, prep tables, etc.), $30 for 1-3 large/heavy items (hoods, ovens, grills, mixers, etc.) and $50 for 4 or more large/heavy items. Storage fees for pallets range between $25-50 PER DAY depending on the size of your order. Storage fees are subject to change at any time. All items need to be picked up within 5 business days unless prior arrangements have been made.
Forfeiture: If you do not wish to pick up, store, or ship your items, you may forfeit them. In this regard, to forfeit your items is defined as relinquishing all ownership and claim to the items in question to the Auctioneer without expectations of reimbursement; however, you are still responsible for the invoice total. NO REFUNDS WILL BE MADE IF YOU DECIDE TO FORFEIT YOUR ITEMS. Additionally, pallet breakdown fees and/or disposal fees may apply. If you wish to forfeit your items, please contact the division in charge of the auction to clear your account.
BIDDING:
Times Your Bid: Items that have "(x#)" in front of their description means that the item is being sold times your bid. Enter your bid PER ITEM not for the lot. For example, if the item has (x5) in front of it and you bid $1 your total bid for that item will be $1x5 = $5.
Bidding Errors: ALL BIDS ARE FINAL. Once a bid has been placed it CANNOT be deleted or removed. Removing an item from your Watch List DOES NOT delete your bid or max bid once placed. If you have any questions, please call your local division BEFORE placing any bids.
Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. Bids/Max Bids cannot be changed once placed, however there are a few exceptions. You should immediately review your bids once submitted. If you mistakenly place your bidder number in the bid field or miss a decimal point when bidding (i.e., you meant to bid $1.00 and instead bid $100) you must IMMEDIATELY contact the division in charge of the auction for any assistance with changing your bid. We cannot reverse bids after the auction has begun to close, NO EXCEPTIONS.
Staggered Closing: The bidding closes starting with the first item at the posted auction closing time then closes three (3) or more items per minute thereafter in catalog order until the last item is closed. This feature works with the auto-extend feature to closely emulate a 'live' auction (see Dynamic Closing).
Dynamic Closing: The closing time of an item is automatically extended an additional 3 minutes whenever a bid is placed within the last 3 minutes of the item's closing time. After 10 extensions the item will end regardless of bids placed in the final 3 minutes.
Winning Bidder Notification: You will receive an invoice by email ONLY (you are responsible for checking your email, be sure to check your junk and spam folders as well) after the auction closes. If you feel you have won an item and have not received an email it is the Bidder's responsibility to notify us by email no later than 9 AM the next day. Failure to receive an invoice does not excuse the Bidder from the terms of scheduled item removal.
Duplicate Max Bids: The system will not allow two (2) bidders to have the same bid. To avoid this, the system will automatically add $0.01 to the first bid placed, so that bidder will remain the Winning Bidder at that bid price. For example, in the morning Bidder A manually enters a bid of $5 and a Max Bid of $100 for an item. Bidder A is now winning that item at $5. In the afternoon, Bidder B manually enters a bid of $100 and no Max Bid. Since Bidder A had entered a bid of $100 before Bidder B, the system will automatically change Bidder A's Max Bid to $100.01 to maintain Bidder A's Winning Bidder status. Bidder A is now winning the item at $100.01. Bidder B would have to place the next required bid to outbid Bidder A.
CATALOG:
CAUTION: For demonstration purposes, some equipment may appear to be joined or connected. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions carefully.
Item Descriptions: Any description of the lot or item has been provided by the Seller or is based solely on visual inspection, and is given for identification purposes ONLY, and does not create any guarantee or warranty, expressed or implied, by the Auctioneer.
Catalog Inaccuracies: We do our best to be 100% accurate in our item descriptions, but sometimes items are unintentionally misrepresented. We are NOT experts of every item we sell; we do our best to describe items accurately but may miss the fact that items are missing necessary pieces or are something other than what is described. We are not responsible for these types of omissions in the description. The description is there to help prevent confusion if more than the items included in the lot are visible in the photographs. The photographs are provided to give a visual representation of what is described in the descriptions and is used to help identify each item accurately. Please base your bidding decision on the total information provided. If the description and the photographs seem to not match, please contact us BEFORE you bid to provide clarification. If you are in doubt or have any questions, please attend preview day or contact us with your questions BEFORE placing your bid.
Bidder Inspection: Every item in every auction is available for bidder inspection prior to the auction ending. See the above terms for preview location and availability. We strongly urge each Bidder to attend the scheduled preview day to inspect items prior to bidding. By bidding, each Bidder acknowledges and agrees that they have had a full and fair opportunity to inspect the item(s) and is relying solely on the Bidder's personal inspection, whether in person, through a proxy, or based on the provided photographs and opinion (i) in determining whether to bid, (ii) in determining the amount to bid and/or max bid, and (iii) in submitting the bid/max bid.
ITEMS SOLD "AS IS", "WHERE IS", and "WITH ALL FAULTS": THE ITEMS ARE BEING OFFERED AND SOLD IN ITS' "AS IS/WHERE IS" CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER THE AUCTIONEER NOR THE SELLER MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, FUNCTIONALITY AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF THE ITEMS. NO STATEMENT ANYWHERE, WHETHER EXPRESSED OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY THE AUCTIONEER OR EMPLOYEES OF THE AUCTIONEER, SHALL BE DEEMED A WARRANTY OR REPRESENTATION BY THE AUCTIONEER OR SELLER REGARDING THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE BUYER OF THE ITEM(S) AGREES THAT THEY CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY.
Item Testing: We attempt to test as many items as we can to ensure our listings are as accurate as possible. If and when we are able to test an item, we will update the listing as soon as possible. If we are able to test an item you might see phrases such as, "tested and working, tested, turns on, but does not get cold, unable to test, tested and does not turn on, etc." Some items we are unable to test because our facility does not have all of the necessary hook-ups. If an item description does not say whether it was tested or not, DO NOT assume it is in working condition. This test reflects the state of the item when it's in our warehouse and we make no guarantee on working condition once it arrives to its intended destination as we can't account for transit of that item. Please remember that all sales are final.
LEGAL:
Delete Personal Information: Each Bidder irrevocably acknowledges and agrees that that, if it receives any property with proprietary information, including any personal information of the Seller or any Third Parties, that it will immediately remove and delete all proprietary information, including any personal information of the Seller or any Third Parties, that is stored or located within the property. Each Bidder will be solely liable for any direct or indirect harm caused by its failure to comply with this requirement and will indemnify Auctioneer against any claim or loss resulting from such failure.
Dispute Resolution, Choice of Law, Venue: Notwithstanding any provision of these terms to the contrary, at Auctioneer’s sole option and election, any controversy or claim arising out of or relating to these terms or auction conducted under these terms, shall be settled by arbitration administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each Bidder agrees that any judgments awarded may be applied to and collected from each Bidder personally or corporately. Claims shall be heard by a single arbitrator selected by Auctioneer. The place of arbitration shall be Lancaster County, Pennsylvania and the arbitration shall be governed by the laws of the Commonwealth of Pennsylvania. The standard provisions of the Commercial Arbitration Rules shall apply. As such, hearings will take place in person. The cost of the arbitration shall be born solely by the Bidder.
Limited Liability: Auctioneers’ and Sellers’ liability shall be limited solely to the refund of Bidders' purchase price. Each Bidder agrees that all claims will be arbitrated (as set forth above) on an individual basis and will not be consolidated with any claim made by another party.
Indemnification: To the fullest extent possible, each Bidder agrees to indemnify and hold the Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
Severability: If any term, provision, paragraph, condition, or other portion of these terms, or the application of these to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of these terms and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.
Limitations: The above-stated terms cannot be altered except in writing by PCI Auctions. These Terms and Conditions do not, nor are they intended to, create any agency-, partnership-, joint venture-, employer-employee-, or divisional relationship.
Collections: Each Bidder agrees to be responsible for all costs of collection on unpaid balances including, but not limited to, interest at a rate of one-half percent (½%) per month, and any other costs associated with the collection of all amounts due and owing, including, but not limited to, all attorneys’ fees and court costs until all amounts are paid in full. It is also understood that invoices that are sent to collections will be considered forfeited invoices. In this regard, to forfeit your items is defined as relinquishing all ownership and claim to the items in question to the Auctioneer without expectation of reimbursement.