UNITED AUCTION COMPANY LLC
LIVE AUCTION BIDDER TERMS, CONDITIONS & RELEASE OF LIABILITY
For Live, In-Person Auctions Conducted in Nevada
These Terms, Conditions & Release of Liability apply to live, in-person auctions conducted by United Auction Company LLC ("UAC" or "Auctioneer") on behalf of the seller(s). By registering, receiving or using a bidder number, submitting an absentee bid, entering the auction premises, or placing a bid, each person acknowledges that they have read, understand, and agree to be legally bound by these Terms.
1. REGISTRATION & ELIGIBILITY
All bidders must be at least 18 years of age and legally capable of entering into a binding contract.
A valid government-issued photo ID is required to register and obtain a bidder number.
Bidder numbers are issued to the registered bidder only. The registered bidder is responsible for all bids placed using that bidder number.
UAC reserves the right to refuse registration, bidding privileges, admission, or continued participation to any person at its sole discretion.
2. AUCTIONEER ACTING AS AGENT
United Auction Company LLC is conducting the auction as agent for the seller unless otherwise announced.
UAC does not own the property merely by conducting the auction and makes no independent warranty or representation regarding any item except as expressly stated in writing by UAC.
3. AUCTION WITH RESERVE / RIGHT TO PASS OR WITHDRAW LOTS
Unless an item is expressly announced as "absolute" or "without reserve," the auction is conducted with reserve.
The Auctioneer may establish an opening bid, decline to accept a bid, reject a bid, pass an item, withdraw an item from the auction, or reopen bidding when reasonably necessary, at any time before the Auctioneer announces that the item has been sold.
If bidding does not reach an amount acceptable to the Auctioneer or seller, the Auctioneer may announce "pass," "no sale," or similar language and proceed to the next lot.
No item represented as an absolute or without-reserve item will be withdrawn after bidding begins except as permitted by applicable law.
4. NO UNDISCLOSED SELLER BIDDING
UAC will not knowingly accept bids placed on behalf of the seller unless the right to do so has been disclosed as required by applicable law.
Legitimate absentee bids may be executed by UAC on behalf of registered absentee bidders.
5. BIDDING & COMPLETION OF SALE
All bids are binding.
The highest bidder acknowledged by the Auctioneer will be the purchaser.
A sale becomes final when the Auctioneer announces the item "sold," by the fall of the hammer, or by another customary declaration of completion.
The Auctioneer has sole authority to resolve bidding disputes, determine the successful bidder, reopen bidding when appropriate, and correct clerical or administrative errors.
6. INSPECTION - AS IS, WHERE IS
ALL PROPERTY IS SOLD AS IS, WHERE IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.
Bidders are strongly encouraged and expected to inspect all property before bidding. A preview and inspection period will be available on auction day before bidding begins.
Descriptions, photographs, statements by Auctioneer, seller information, model numbers, hours, mileage, condition reports, measurements, and other information are provided only as a convenience to bidders.
UAC and the seller make no guarantee as to condition, quality, completeness, merchantability, fitness for a particular purpose, authenticity, mileage, hours, operating condition, or suitability of any item.
Bidder inspection and independent judgment must be relied upon rather than representations made by UAC or the seller.
Once an item is sold, there will be no refunds, returns, chargebacks, price adjustments, or rescission based upon condition, except where otherwise required by law.
7. ASSUMPTION OF RISK - AUCTION PREMISES
ATTENDANCE AT THE AUCTION SITE IS AT YOUR OWN RISK.
Auction locations may contain significant hazards, including heavy equipment, vehicles, machinery, tools, sharp objects, uneven ground, holes, debris, slippery surfaces, moving vehicles, forklifts, loaders, trailers, falling objects, stored materials, weather conditions, and other known or unknown hazards.
By entering the premises, each person voluntarily assumes the risks associated with attending, inspecting, bidding upon, loading, and removing property from the auction site.
Persons entering restricted areas or climbing upon, underneath, inside, or around equipment do so entirely at their own risk.
8. RELEASE OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, every bidder, buyer, guest, and person entering the auction premises releases and agrees not to hold liable United Auction Company LLC; the seller; the owner of the auction premises; and their respective owners, members, managers, employees, contractors, agents, representatives, and volunteers for personal injury, death, property damage, theft, loss, or other claims arising from attendance at the auction, inspection of property, operation or handling of property, loading, transportation, or removal of purchased items.
This release is intended to include claims arising from ordinary negligence to the fullest extent enforceable under Nevada law, but does not waive liability that cannot legally be waived.
9. CHILDREN & MINORS
No person under 18 may register or bid.
Parents, guardians, and accompanying adults are solely responsible for the supervision and safety of minors brought onto the auction premises.
Auction sites contain machinery and other hazards and are not considered safe environments for unsupervised children.
Any adult bringing a minor onto the premises assumes responsibility for that minor's safety and conduct.
10. UNSAFE CONDUCT
UAC may stop any activity it considers unsafe.
Any person behaving recklessly, interfering with auction operations, entering prohibited areas, operating equipment without authorization, or creating a danger to others may be removed from the property and may lose bidding privileges.
11. LOADING ASSISTANCE
Any loading assistance provided by UAC, the seller, property owner, employees, contractors, or equipment operators is provided solely as a courtesy.
Loading assistance is performed at the buyer's risk.
The buyer is solely responsible for proper loading, weight distribution, tie-downs, chains, straps, transportation equipment, vehicle capacity, and compliance with all transportation laws.
UAC does not warrant that any item has been safely secured merely because UAC or another person assisted with loading. The buyer should inspect and approve the load before leaving the premises.
12. DAMAGE DURING LOADING OR REMOVAL
The buyer is responsible for any injury or damage caused by the buyer, the buyer's employees, contractors, transporters, or equipment during loading or removal.
Buyer agrees to be responsible for damage to buildings, land, fences, gates, utilities, equipment, or other property caused during removal of purchased items.
13. PAYMENT
Payment in full is due immediately upon conclusion of the auction and before removal of purchased property.
Accepted payment methods are Cash, Business Check, and Credit/Debit Card.
Card payments are subject to a convenience or processing fee of up to 4%.
UAC may require additional identification or payment verification when reasonably necessary.
No property may be removed until UAC determines payment requirements have been satisfied.
14. SALES TAX
Applicable Nevada sales tax will be collected on taxable purchases unless the buyer provides valid documentation establishing a lawful exemption.
15. RETURNED CHECKS & FAILED PAYMENTS
The buyer is responsible for all returned-check fees, bank charges, collection expenses, and other costs resulting from dishonored or failed payment.
The buyer also agrees to pay reasonable collection costs and attorney's fees incurred in recovering unpaid amounts, to the extent permitted by law.
Failure to pay does not cancel the buyer's obligation to purchase the property.
UAC may pursue any other remedy available under law or these Terms.
16. TITLED PROPERTY
Vehicles, trailers, boats, or other titled property will be transferred using the title or ownership documentation available for that item.
Unless specifically stated otherwise, the buyer is responsible for all registration, titling, transfer fees, inspections, licensing, taxes, and governmental requirements following the sale.
Bidders should verify title status before bidding. Announcements made by the Auctioneer concerning a particular titled item control over previously published information.
17. ABSENTEE BIDDING
UAC may accept absentee bids as a courtesy. Absentee bidding is not guaranteed.
UAC is not responsible for a failure to execute an absentee bid, clerical error, communication problem, misunderstood instruction, or other inadvertent failure relating to an absentee bid, except where liability cannot legally be waived.
The Auctioneer will endeavor to execute absentee bids competitively and in good faith.
18. REMOVAL OF PURCHASED PROPERTY
All purchased property must be removed within 24 hours following the auction unless another arrangement has been approved by UAC.
Removal after the initial removal period is by appointment only.
Purchases remaining after 24 hours may be subject to a storage charge of $25 PER ITEM, PER DAY.
Property remaining beyond the required removal period is left entirely at the buyer's risk.
19. PROPERTY NOT REMOVED
If purchased property has not been removed within seven (7) days after the auction, without an approved written arrangement, UAC may treat the property as abandoned to the extent permitted by applicable law and may exercise any lawful remedy available, including storage, relocation, disposal, or resale.
Any proceeds from resale may be applied to amounts owed, storage, handling, transportation, resale costs, and other expenses as permitted by law.
20. RISK OF LOSS AFTER SALE
Once an item is announced sold, responsibility and risk of loss pass to the buyer to the fullest extent permitted by law.
UAC and the seller are not responsible for theft, vandalism, weather damage, deterioration, accidental damage, or other loss occurring after the sale.
Buyers should remove purchases promptly.
21. ANNOUNCEMENTS TAKE PRECEDENCE
Announcements made by the Auctioneer from the auction block concerning an item or the conduct of the auction take precedence over prior advertisements, printed descriptions, photographs, or other promotional information.
22. AUCTION CHANGES
UAC reserves the right to combine or divide lots; alter the order of sale; add or withdraw property; postpone or cancel the auction; correct errors; and take reasonable action necessary for the orderly conduct of the auction, subject to applicable law and any item specifically offered without reserve.
23. INDEMNIFICATION
To the fullest extent permitted by law, buyer agrees to defend, indemnify, and hold harmless UAC, the seller, and property owner from claims, losses, damages, or expenses caused by the buyer or persons acting on the buyer's behalf during inspection, loading, removal, operation, or transportation of purchased property.
24. PERSONAL PROPERTY & VEHICLES ON SITE
UAC, seller, and property owner are not responsible for loss of or damage to vehicles, trailers, tools, personal belongings, or other property brought onto or left at the auction premises.
25. NO ORAL MODIFICATION
Statements made casually by employees, helpers, or other persons do not modify these Terms.
Any material exception must be announced by the Auctioneer or approved by an authorized representative of UAC.
26. GOVERNING LAW & SEVERABILITY
These Terms are governed by the laws of the State of Nevada.
If any provision is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
Any dispute concerning the auction or these Terms shall be brought in a court of competent jurisdiction in Nevada, subject to applicable law.
27. ELECTRONIC ACKNOWLEDGMENT
By checking the acknowledgment box on UAC's registration form, submitting the form, registering for a bidder number, submitting an absentee bid, or bidding at the auction, the bidder confirms the following:
I HAVE READ AND UNDERSTAND THE UNITED AUCTION COMPANY LLC LIVE AUCTION BIDDER TERMS, CONDITIONS & RELEASE OF LIABILITY. I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS AND ASSUMING RISKS ASSOCIATED WITH ATTENDING THE AUCTION AND PURCHASING, LOADING, AND REMOVING PROPERTY. I AGREE TO BE LEGALLY BOUND BY THESE TERMS.
Electronic acknowledgment: I HAVE READ, UNDERSTAND, AND AGREE TO THE LIVE AUCTION TERMS, CONDITIONS & RELEASE OF LIABILITY.
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