Auction Terms
Auction Terms: 3 BROTHERS BAR & GRILL
View Auction
Start Date: Sunday, August 30th at 2:00 am EST
Preview Date: FRIDAY SEPTEMBER 11, 2015 12-3 PM ONLY
End Date: Sunday, September 13th at 9:00 pm EST
Removal Date: TUESDAY SEPTEMBER 15, 2015 10-4 PM ONLY
Location: , ,
Description: TRUE KEGBOX, BEVERAGE AIR GLASS DISPLAY COOLER, ANVIL ELECTRIC 24" GRIDDLE, GLASTENDER KEGBOX, VICTORY 2 DOOR REFRIGERATOR, TRUE UNDER COUNTER REFRIGERATOR, STAINLESS STEEL TABLE,WARING 14" GRIDDLE, 19" INSIGNIA LCD TV, CHEF MASTER SALAD SPINNER/DRYER, CANNON MX330 COPIER, BUNN BREWER CWTF15, VOLLRATH WARMER, CHAFER, SHARP CAROUSEL MICROWAVE, MIDDLE ATLANTIC MEDIA BOX, HATCO 2 SHELF WARMER, HATCO TOAST KING CONVEYOR TOASTER, AMERICAN RANGE 24' GRIDDLE, AMERICAN RANGE 24" CHARBROILER, HATCO WARMER, SHAAN TANDOORI, BROASTER BROILER 2000, RANDELL 3 WELL STEAM TABLE, SILVER KING 1 DOOR FOUNTAINETTE,RED BULL DISPLAY COOLER, LINCOLN IMPINGER 1133 CONVEYOR PIZZA OVEN,NEW SIEMENS BREAKER BOX, BLODGETT OVEN, VICTORY 2 DOOR FREEZER, PERLICK KEG BOX, AUTO CHLOR DISHWASHER, HOSHIZAKI ICE BIN, NEMCO VEGETABLE SLICER, CO2 TANKS, OMNICUBE COOLER, WARING DOUBLE BLEGIAN WAFFLE MAKER, ORNATE SILVER PLATE DISPENSERS, HOBART 20QT PLANETARY MIXER, BUNN SLIMLINE TEA SATELITES, PERLICK MUG CHILLER, FRYMASTER PORTABLE OIL FILTER, TABLES, CHAIRS, LOTS OF SMALLWARES AND BARWARE......
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 brief summary of these Terms and
Conditions to give you a brief 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. 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. 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 Office
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. 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. Removal shall be at the expense, liability, and risk of the buyer.
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 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.
PAYMENT
TERMS:
We accept cash, MC, Visa, Discover, and AMEX. 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, transport to
other PCI warehouses, 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. If the full invoice amount
cannot be collected at once, partial charges will be made until the complete
total has been collected.
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 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 publically 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, storage fees, packaging and handling fees, transportations fees, and/or
disposal fees, etc., incurred by or on behalf of the Auctioneer or Seller in
challenging the credit card chargeback. 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.
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 please call 888-883-1388.
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, and storage expenses associated with delinquent accounts or
abandoned items.
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.
NO refunds or credit card charge-backs 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 you will be charged a removal fee to dispose
of your items.
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.
Shipping: If you require shipping and/or storage please
make arrangements with us on the scheduled removal date.
If we are unable to make contact with you, any item(s) that
are able to be shipped via FedEx will automatically be shipped to 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. 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 responsible for the actions of the
carriers or packers who handle your shipment whether or not they have been recommended
by us. 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 us at 888-883-1388 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
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.
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. If you wish to
forfeit your items, please contact the Division Office 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.
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 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.
Outbid 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.
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.
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) 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 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 in order 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.
LEGAL:
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.
Indemnification: 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 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.
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.