TERMS & CONDITIONS OF AUCTION SALE
(1) If the buyer of auction merchandise is a professional
reveler of this merchandise, buyer agrees that this property
may be used for no purpose other than resale. Professional
reseller hereby certifies that purchases are not subject
to sales tax and that reseller shall fill out and submit
a resale card to Charyn Auctions, which contains information
that is truthful and accurate.
(2) Cash, cashiers checks, Visa, MasterCard & Discover
are accepted for payment. No personal or company checks
accepted unless the bank guarantees the checks payment
in writing. A three hundred dollar deposit ($300) deposit
is required to bid at the auction. Bidders/Buyers must obtain
the refund of their deposit prior to leaving the auction
site. Under no circumstances will deposits be returned to
bidders/buyers who make deposits in cash and who fail to
obtain their cash refund before leaving the auction site.
The buyer is required to make a down payment of 25% immediately
after the purchase of each lot. For absentee bids, a 25%
deposit of the estimated selling price of the merchandise
is required in advance of the auction. In all circumstances,
the balance in full is due on the day of sale. Merchandise
cannot be removed until the total amount owing is paid.
(2A) Wire transfers are accepted for payment.
Bank: Bank of America.
Acct Name: Charyn Auctions
Acct Routing # 121000358
Acct # 23312-04492
(3) If the 25% down payment is not made immediately after
the purchase of each lot, or if the balance in full is not
paid by the end of these day, the buyer is in default and
forfeits all merchandise, the three hundred dollar deposit
and all partial payment(s). Charyn Auctions shall be entitled
to retain all deposits and partial payments as liquidated
damages with the right to resell the merchandise in a private
sale, or at a future auction to the highest bidder without
notice to the defaulting buyer. Any deficiency balance resulting
from such resale shall be paid to Charyn Auctions by the
defaulting buyer together with all charges, fees and expenses
incurred by such resale.
(4) All merchandise purchased by the buyer must be removed
from the auction site by the date announced at the auction.
It is the sole responsibility of the buyer to verify the
correct date for merchandise removal. Under no circumstances
shall the merchandise be removed from the auction premises
prior to the conclusion of the auction. Charyn Auctions
assumes no liability or responsibility for merchandise that
is not removed by the buyer within the allocated period
of time. Merchandise that is not fully removed by the date
specified by Charyn shall be deemed to be abandoned. As
a consequence, buyer forfeits all sums paid for merchandise
and Charyn shall retain these sums with the right to conduct
a future auction or private sale of the abandoned merchandise
without notice to the buyer. If Charyn Auctions needs to
move merchandise from the auction site, the buyer who abandoned
it shall be assessed moving and storage charges.
(5) CHARYN AUCTIONS SELLS ALL MERCHANDISE "AS IS" AND "WHERE
IS" UNLESS THE COMPANY EXPRESSLY POSTS A WRITTEN NOTICE
AT THE AUCTION SITE TO THE CONTRARY. CHARYN AUCTIONS MAKES
NO WARRANTIES AS TO THE MERCHANTABILITY OF THE MERCHANDISE,
OR ITS FITNESS FOR ANY PURPOSE. WHILE DESCRIPTIONS ARE BELIEVED
TO BE CORRECT, CHARYN AUCTIONS AND MERCHANDISE CONSIGNORS
MAKE NO EXPRESSED OR IMPLIED WARRANTIES AND GUARANTREES
AS TO THE DESCRIPTION, ORIGIN, AUTHENTICITY, AGE FITNESS,
CONDITION, OR WORKING ORDER OF ANY MERCHANDISE SOLD AT ANY
AUCTION. IT IS THE BIDDERS/BUYERS SOLE RESPONSIBILITY
TO THOROUGHLY INSPECT ALL MERCHANDISE BEFORE THE AUCTION,
AND ONCE AGAIN PRIOR TO REMOVING MERCHANDISE FROM THE AUCTION
SITE. THE INSPECTION SHALL INCLUDE, BUT NOT BE LIMITED TO
EVALUATING THE MERCHADISES AGE, ORIGIN, FITNESS, AUTHENTICITY,
CONDITION AND WORKING ORDER. BIDDERS/BUYERS OF MOTOR VEHICLES
AGREE THAT THEY HAVE THE SOLE RESPONSIBILITY FOR INSPECTING
VEHICLE PLATES, TAGS, SMOG DEVICES, ENGINES, INTERIORS AND
EXTERIORS. CHARYN AUCTIONS SHALL BE HELD HARMLESS FROM,
AND NOT RESPONSIBLE FOR ANY FEES OR PENALTIES DUE ON VEHICLE
REGISTRATIONS. CHARYN AUCTIONS AND MERCHANDISE CONSIGNORS
SHALL BE HELD HARMLESS FROM ANY DISCREPANCIES OR INACCURACIES
CONTAINED IN ADVERTISEMENTS AND BROCHURES. BUYER UNDERSTANDS
THAT ALL SALES ARE FINAL AND THAT REFUNDS AND RETURNS OF
MERCHANDISE WILL NOT BE ALLOWED UNDER ANY CIRCUMSTANCES.
(6) Bidder/Buyers agree to indemnify, defend and hold harmless
the parties of Charyn Auctions, merchandise consignors,
and auction site property owners from any and all personal
and property damages, claims, liabilities, injuries and
causes of action of any kind whatsoever the directly or
indirectly relates to auction attendance, merchandise purchases,
and/or removal. When removing merchandise, the buyer assumes
sole responsibility, liability, and expense to secure all
permits, insurance and professional expertise in order to
properly dismantle and move the merchandise from the auction
site. Additonally, the buyer has the sole responsibility
to ensure compliance with all government mandated safety
requirements and regulations. Bidders/Buyers accept full
responsibility and liability for breaching any provision
of the sale terms.
(7) Sales tax will be added to all merchandise unless the
buyer is a bona fide reseller of the auction merchandise.
If a sales tax auditor of any governmental jurisdiction
determines the buyer is not a bona fide reseller of auction
merchandise, Charyn Auctions shall have the right to recover
from the buyer any taxes and penalties due, in addition
to accounting and attorneys fees.
(8) It is the bidders/buyers sole responsibility
to thoroughly inspect all merchandise before the auction,
and once again prior to removing merchandise from the auction
site. The inspection shall include, but not be limited to
evaluating the merchandises age, origin, fitness,
authenticity, condition and working order. Charyn Auctions
shall not be held liable or responsible in any way for bidders/buyers
who fail to exercise their responsibility to thoroughly
inspect merchandise before purchase and removal. Additionally,
Charyn Auctions shall not be responsible or liable for missing
merchandise/parts, incorrect item counts, merchandise defects,
merchandise that is not in working order, damage or loss
to merchandise that may have occurred before or after the
purchase or during delivery. After purchasing merchandise
at auction, the buyer assumes sole financial and legal responsibility
for the purchase, which includes, but is not limited to,
any and all claims, liabilities and causes of action related
to merchandise, or its future use. Buyer understands
that all sales are final and that refunds and returns of
merchandise will not be allowed under any circumstances.
(9) Charyn Auctions reserves the right to group one or
more lots into lots of any configuration. The auctioneer
reserves the right to reject any bid which is only fractionally
above the preceding bid. Charyn Auctions has the right to
bid on any lot on behalf of the company, or as proxy for
any other party.
(10) The relationship between Charyn Auctions, merchandise
consignors, and bidder/buyers is that of separate entities.
Charyn Auctions is acting strictly as the auctioneer for
the consignor and is not responsible for, or a party to
the actions, representations, claims, liabilities, injuries
and equipment title disputes of consignors, bidder/buyers,
and their respective companies, employees and representatives.
(11) All auctions are conducted pursuant to Section 2328
of the California Commercial Code and Section 535 of the
California Penal Code and provisions of the California Auctioneer
and Auction Licensing Act. This agreement shall be governed
by and construed in accordance with and by the laws of the
State of California. Venue for all claims shall be the Municipal
and Superior Courts of the City and County of San Francisco.
(12) In the event that legal recourse is necessary to enforce
the terms of this agreement, the prevailing party shall
be entitled to reimbursement of court costs and reasonable
(13) If any provision of this agreement is held to be invalid
by a court of competent jurisdiction, such invalidity shall
not invalidate or render unenforceable the remaining provisions
of the agreement.
(14) This agreement constitutes the entire agreement between
the bidder/buyer and Charyn Auctions and shall supersede
all prior written, oral and contemporaneous oral representations.
Check-out procedures for riggers
and customers removing equipment
(1) All items that require rigging or dock access for removal
of equipment, must be made by appointment only. Hand carried
items that do not require rigging or dock access will be
handled on a first come first serve basis.
(2) Conditions of premises after removal; it will be the
responsibility of the buyer, at his cost, should any pits,
floor bolts, hazards of any type, exist after removal of
the equipment to guard these areas using normally accepted
safety practice such as safety tapes, pipes or bars welded
in place, or suitable safety barrier, acceptable to seller
and charyn asset mgmt group. All floor bolts and/or anchoring
fasteners are to be cut flush to the floor and the area
left broom clean. All electric wiring and utility piping
will be safely disconnected by the seller at the incoming
main switch or valve, which will remain in the building.
(3) Machines are to be staged for loading in an area assigned
by the charyn asset mgmt group supervisor.
(4) Any hydraulic or oil leaks are the responsibility of
the rigger to clean up. This goes for miscellaneous conduit,
wires and studs in cement. These must be removed.
(5) It is the responsibility of the buyer to disconnect
all electrical power or plumbing to the machines. Please
check to make sure the power and/or plumbing is off to the
machines before removing.
(6) No diesel trucks are to be left running in an enclosed
building. We are not liable for equipment and tools left
(7) Any rigger allowed in the plant must have an up-to-date
insurance certificate on file with the charyn asset mgmt
group supervisor that is acceptable to seller. Liability
limit requirments will be determined by seller and supplied
(8) Liability for damages - any structural damage to walls,
overhead doors, gates etc. Will be riggerís responsibility.
Field supervisors are instructed to report damage to the
supervisor immediately. Riggers will not be permitted to
leave with equipment until repairs are made.
(9) Theft will not be tolerated and charyn asset mgmt group
reserves the right to inspect all trucks, tools tool boxes
and rigger cases.
(10) Riggers must have a copy of the customerís invoice
releasing the equipment to the rigger.
(11) Rigger must take full responsibility for and exercise
reasonable care to ensure that there is no release to the
environment of 'hazardous wastes', 'hazardous substances'
or 'hazardous constituents', as those terms are defined
in applicable federal, state and local statutes, regulations,
rules or ordinances.