Auction Terms
Auction Terms: Baja Fresh Restaurant Equipment Auction
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Start Date: Thursday, June 25th at 9:00 pm EST
End Date: Monday, July 6th at 8:00 pm EST
Preview Date: Wednesday July 1st 12:00-4:00
Removal Date: Tuesday July 7th 10:00-4:00
Location: 5555 SW 107TH Ave Suite#105 Beaverton,OR
Description: Baja Fresh is full of tons of great equipment!! RoundUp hot dog rollers, Imperial 5' thermostatically controlled griddle, Imperial 30" char-broilers, Mobile salad bar, Brand New soup kettle, Wolf 4 Burner Hotplate, Silverking 48" under counter refrigerator, 10' Class 1 Hood, Captive Aire Fan, LIKE NEW Blue Air 2 door stainless steel reach in refrigerator, LIKE NEW Blue Air single door stainless steel reach in freezer, 3 compartment stainless steel sink, 1 compartment stainless steel sink, True 27" sandwich prep table, Hatco 4 drawer warmer on stand, Beverage Air single door cooler, Tables, Chairs, Racks, and plenty of small wares...Don't miss out on this great auction
Terms:
THIS IS AN INTERNET ONLY AUCTION
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.
Payment Terms: 15% Buyer's Premium. We accept Cash, M/C, Visa, Discover, AMEX. We do NOT accept checks or money orders of any kind. Full payment is due on scheduled removal day regardless of shipping or storage arrangements.
Sales Tax: Collected at location state's rate for this auction.
Registration: To gain access to the Auctioneer's bidding system, you will need to register and obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be indefinitely suspended from participation in the Auctioneer's auctions should you provide any false information during the registration process.
REMOVAL: This is an ONLINE ONLY AUCTION. PLEASE DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS DURING SCHEDULED REMOVAL TIMES OR MAKE ARRANGEMENTS FOR SHIPPING.
NO refunds or credit card charge-backs will be granted due to a lack of removal at the designated times. After the scheduled removal, items will be considered abandoned and you will be charged a removal fee to dispose of your items. If you require shipping and/or storage please make arrangements with us on the scheduled removal day. Please read our shipping information page (http://www.pciauctions.com/shipping.php) completely which has all of the shipping/delivery options listed. Call us at 888-883-1388 before placing a bid if you have questions about shipping or storage fees. If you have won items and we are not able to reach you to arrange payment, the credit card you have on file with us will be charged. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and we will have no liability of any loss or damage to such items.
BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. If you bid $100.00 you will be charged $115.00 at checkout.
TIMES YOUR BID: Items that have (x a number) in front of their description means that item is being sold times your bid. Enter your bid PER ITEM not for the lot. If the item has (x5) in front of it and you bid $,1 your total bid for that item will be $1x5 = $5.
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 are as follows: $10 for smallwares (pots, pans, blenders, small food processors, flatware, etc.), $20 for 1-5 Bulky/Light items (Metro Shelving, Chairs, Tables, Microwaves, Stainless Steel Prep Tables, etc.), $30 for 1-3 Heavy/Large items (Hoods, Ovens, Grills, Mixers, etc.) and $50 for 4 or more Heavy/Large items. Storage fees are subject to change at any time.
Increasing Your Bid/Bidding Errors: Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. ALL BIDS ARE FINAL with 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 (you meant to bid $1.00 and instead bid $100) you must immediately contact our office by email at info@pciauctions.com (we must have your request in writing). We will not 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 3 or more items per minute thereafter until the last item in catalog order. This feature works with the auto-extend feature to closely emulate a 'live' auction.
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.
Bid Notification: If you have been outbid you will be notified by email ONLY UNTIL the last day of the auction --- starting at midnight EST the night before the ending of the auction notices are not sent. To quickly review your bids and see if you have won you can utilize the 'review bids' feature. Items on which you have been outbid will be clearly marked.
Winning Bidder Notification: You will be contacted by email ONLY (you are responsible for checking your email) at the time 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 9am the next day. Failure to receive an invoice does not excuse the Bidder from the terms of scheduled item removal. 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. Once they buyer leave the premises the buyer agrees that no adjustment or refund will be made.
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 prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.
IMPORTANT TAX EXEMPT STATUS: If you are tax exempt, you must email a copy of your state's tax exemption form to info@pciauctions.com prior to the closing of the first item in the auction. You must include your bidder number in that email. Forms without this information will not be accepted. If your form is received after the auction has already ended it will apply to future purchases but not the current auction. You will have to apply to the state for a refund. If you have any questions call 888-883-1388.
No Credit Card Charge-Backs: Each Registered Bidder agrees that such Registered Bidder will not, under any circumstances, initiate a credit card charge-back with respect to any purchases at the Auction. Each Registered Bidder further agrees that if, in violation of these Terms and Conditions, a credit card charge-back is initiated by such Registered Bidder, these Bidder Terms and Conditions shall be conclusive evidence of the registered Bidder's (i) waiver of any rights to initiate a credit card charge-back, and (ii) agreement not to initiate a credit card charge-back; and each Registered Bidder acknowledges and agrees that on Auctioneer's presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution against that issued the credit card on which charges were made, such bank, credit card company, or other financial institution shall deny any credit card charge-back, and shall re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, a Registered Bidder initiates a credit card charge-back, such Registered Bidder, even if successful, shall remain liable for all purchases made at the Auction, and shall be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer or Seller in challenging the credit card charge-back and in collecting payment for the Property purchased at the Auction. Each Registered Bidder agrees that the agreement not to initiate a credit card charge back is a condition to the issuance of a Bidder Number to such Registered Bidder, and is being made as an inducement for Auctioneer to accept such Registered Bidder's Bidder Registration and to issue a Bidder Number. Each Registered Bidder acknowledges and agrees that Auctioneer is relying on the Registered Bidder's agreement not to initiate a credit card charge back in accepting such Registered Bidder's Bidder Registration and in issuing a Bidder Number.
CAUTION: For demonstration purposes various equipment may be joined. 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.
Descriptions of Property: Any description of the property has been provided by the Seller, or is based solely on visual inspection, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
Catalog Inaccuracies: You are bidding on the described item, not the photo. There are occasions when the wrong photo is displayed; always read the item description. We do our best to describe items accurately but may miss the fact that items that would normally accompany said item are missing. We are not responsible for these types of omissions in the description. If you are in doubt please attend preview day or contact us with your specific questions.
Bidder's Inspection: By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on the Bidder's inspection and investigation (i) in determining whether to bid, (ii) in determining the amount bid, and (iii) in bidding.
Property Sold "AS IS", "WHERE IS", and "WITH ALL FAULTS": THE PROPERTY IS 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 MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF THE PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, SHALL BE DEEMED A WARRANTY OR REPRESENTATION BY 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 PROPERTY AGREES THAT HE, SHE, OR IT 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.
WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS", with NO WARRANTY expressed or implied by the lot number affixed to the item. NO refunds or chargebacks will be granted due to the condition of the item. 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. Keep in mind that these items are restaurant worn and have been nailed to the wall in many cases. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item, please bid accordingly. You are bidding on the described item, not the photo. Bidders are responsible for their own removal and/or shipping arrangements. Any item NOT picked up by the end of the scheduled removal day will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid receipt. Please call the office at 888-883-1388 if you are sending someone else to retrieve your items. Items will not be released to them without full payment.
IMPORTANT: The Auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchase, items not paid for and/or removed by the end of the scheduled removal day. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
Registered Bidders Responsible for Bids Placed on Bidder Number: 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.
Winning Bidder/Buyer: Pursuant to these Bidder Terms and Conditions, the Registered Bidder making the Winning Bid for Property offered for sale at the Auction shall be the Buyer of such Property.
Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time, (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this 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.
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 publically display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
All Sales Final: ALL SALES ARE FINAL.
Auctioneer Not the Seller: Auctioneer is the Seller's agent, and the Auctioneer is not the seller of the Property, or any of it, 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), Auctioneer is not liable to any Buyer or to any third-party under a theory of products liability. Auctioneer is not responsible for any acts or omissions of the Seller.
Indemnification: Each Bidder agrees to indemnify and hold 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.
CHOOSE WISELY: 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 form 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.
Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in the local court in the same county as the division listing the auction. Liability: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be the same county as the division listing the auction. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
We reserve the right to suspend bidding privileges of any bidder that breaches our Bidder Terms and Conditions, engages in improper conduct and for any other reason that PCI Auctions deems appropriate.
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 franchisor-franchisee relationship.
Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.
Registration Instructions: First you need to register to bid. Go to the registration page and register as a new user.