Montgomery & Associates, Inc.
Terms and Conditions
This auction sale will be conducted within the
framework of the rules listed below plus and other provision that may be added
by the auctioneer via e-mail or as posted on www.rjmauctions.com.
The Bidder(s) and the
Auctioneer(s) agree that the terms listed below shall govern each and every
online auction sale.
information the Bidder provides to the Auctioneer shall be current, complete,
and accurate. All bidders must be 18 years of age or older. The bidder agrees to
not use any device, software or routine to interfere or attempt to interfere
with the proper working of any transaction being conducted on and during any
payment for purchases must be made by cash, cashiers’ checks, or wire
transfer of funds, and made payable to R. J. Montgomery & Associates, Inc.,
INC. unless otherwise noted in a specific auction's terms and
conditions. All sales are subject to appropriate Michigan state Sales
Tax laws. Buyer must acknowledge and agree not to retract their purchase
offer. Buyer shall be responsible for making all arrangements for
merchandise pick-up and/or removal per specific terms or conditions
listed for auction.
The descriptions of
item/lots appearing in the auction and in advertising prior to the
auction are believed to be correct. Nevertheless, neither those
descriptions nor any oral statements made by Owner/Seller or Auctioneer
concerning any item/lot shall be construed as a warranty, either expressed
or implied. ITEM/LOTS ARE ALL SOLD AS IS - WHERE IS – HOW IS and WITH
ALL FAULTS, known, apparent, or otherwise. Bidder acknowledges that all
item/lots were available for inspection prior to the auction and, by
these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to
carefully inspect each item/lot in which Bidder had any interest to
determine the item/lot’s nature, quality, condition, quantity and size.
All Bidders rely solely on their personal inspection and not on
information listed on the Site or otherwise provided by Auctioneer or
Owner/Seller. Bidder’s failure to inspect, or otherwise to be fully
informed as to the nature, quality, condition, quantity and size of any
item/lot will not constitute grounds for any claim, adjustment, refund,
termination of the contract for sale, or refusal to close the sale,
against Auctioneer or Owner/Seller.
The Site User
Agreement constitutes the final expression of the parties’ agreement and
a complete and exclusive statement of the terms of the sale. The IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY
EXCLUDED from this sale and transaction and shall NOT apply to the
merchandise that is the subject of these sales. Auctioneer does not have
control over the item/lots that are posted in the Site, and cannot
guarantee the authenticity and quality of said product. Auctioneer is
not responsible for the actions the Owner/Sellers and Buyers take
before, during, and after the auction, typographical errors, misprints,
loss of merchandise/money, damage or failure of equipment, due to your
visit to this auction site. Use of this site is at your own risk. Some
states do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights which
vary from state to state.
Despite efforts to
avoid the withdrawal of item/lots from the sale after they are listed it
may sometimes be necessary. Auctioneer and the Owner/Seller reserve the
right to do so at any time before or during the sale. The Owner/Sellers
of property sold through this Site reserve the right to reject any and
all bids in their sole discretion.
Buyer will be
furnished an electronic receipt at the conclusion of the sale. Buyer
must therefore provide Auctioneer with Buyer’s current, correct e-mail
address and/or Fax machine phone number, and/or U.S. Postal Service
complete and current mailing address.
the full responsibility of Buyer at time of PAYMENT, and Buyer assumes
all risk of loss and damage to property until removed from sale
premises. Owner/Seller and Auctioneer agree that merchandise may remain
on the sale premises for a period of time following the sale. The date
by which all merchandise must be removed from the premises is posted on
an auction-by-auction basis, on the specific auction page. After the
final removal date, there will be a $25.00 per day, per item/lot storage
fee charged to the Buyer. If merchandise is not removed within ten days
after the posted final removal date, the ownership of the merchandise
will revert back to the original Owner/Seller and the Owner/Seller may
dispose of or resell the item/lot at their discretion, with any and all
expense required to do so being that of the original Buyer.
No adjustment will
be made with regard to merchandise inventory after item/lot has been
removed from the premises or after the removal date posted by
Auctioneer, whether or not the property has been removed. Auctioneer
reserves the right, for any reason, in their sole discretion, to
terminate, change or suspend any aspect of any auction sale.
the right to resell any property not paid for in full with all funds
received by Auctioneer within two days of the online auction item/lot's
closing date. Failure to pay for item/lots won on this online auction
will result in legal action against Buyer by either the Owner/Seller
and/or the Auctioneer. Further, the Buyer will be banned from any future
auctions. Auctioneer may resell any unpaid-for items with Buyer
responsible for collection and damages resulting from the resale. The
Owner/Sellers of property sold through this web site reserve the right
to reject any and all bids, if they so choose.
The final highest
purchaser shall be designated at the end of each auction sale. If a
dispute arises between two or more Bidders, Auctioneer reserves the
right to reopen bidding. Auctioneers designation of the Buyer shall be
responsibility for and agrees to indemnify, defend and hold harmless
each Owner/Seller and Auctioneer and their employees, governing body,
officers, owners, affiliates, subsidiaries, directors, agents and
representatives from and against any and all claims, losses, damages,
liabilities, judgments, fees, costs and expenses (including reasonable
attorneys’ fees and expenses) related to, arising from or associated
with Buyers, his agents or representatives, use of the Site, including
but not limited to personal injuries or property damage incurred on the
sale premises or during removal and transport of any auction item/lots,
and arising out of, based upon, or resulting from any breach or
violation by Bidder of this Site User Agreement or any use by Bidder of
the Site or as a result of a dispute with another Bidder.
providing services as an independent contractor for the Owner/Seller
only and is not responsible for statements made by other parties.
This Site User
Agreement constitutes a binding agreement between Bidder and Auctioneer
until terminated by Auctioneer, which Auctioneer may do at any time,
without notice, in Auctioneer’s sole discretion. If Bidder
dissatisfaction occurs with the auction sale in any way, Bidder's only
recourse is to immediately discontinue use of the auction Site.
Auctioneer reserves the right to terminate Bidder’s registration and use
of the auction Site, and impose limits on certain features of the
auction Site or restrict Bidder’s access to, or use of, part or the
entire Site without notice or penalty.
and will not, be held responsible for any interruption in service,
errors, and/or omissions, caused by any means and does not guarantee
continual, uninterrupted or error free service or use of the Site.
Bidder acknowledges that this auction is conducted electronically and
relies on hardware and software that may malfunction without warning.
The Auctioneer, in its sole discretion, may void any sale, temporarily
suspend bidding and re-sell any item/lots that were affected by any
malfunction. The decision of the Auctioneer is final.
information about Bidders and Owner/Sellers for the purposes of
conducting online auctions only. Auctioneer does not, and will not, sell
or rent this information.
email mailing lists to notify its customers about online and live
auctions. If you are receiving a particular mailing and wish to
discontinue receiving future mailings, simply forward the received email
to Auctioneer to have your name promptly removed from our list.
As a Bidder, placing
a bid is a binding contract between you and the Owner/Seller and the bid
cannot be retracted. Once you place a bid, and if you win, you will be
obligated to buy the product at the said price you indicated as your
bid. Placing a bid on this Site, and winning, then not paying for the
product is illegal, and prosecution can result. The Owner/Sellers of
property sold through this Site reserve the right to reject any and all
bids, in their sole discretion. Only the laws of the State of Michigan
shall apply and shall govern all actions accordingly. Buyer agrees to
abide by all such Michigan laws.
As a Bidder you are
responsible for any bids placed under your bidding number and password.
The security of your Bidder information is your sole responsibility as
you, the Bidder, will be responsible for any and all bids placed under
your number. If at any time you feel that your Bidder number and
password have been compromised due to lack of security on your part you
must notify Auctioneer immediately.
Bidder agrees that
when using the Maximum Bid feature on the Site, you use it according to
the specifications Auctioneer has in place for that feature. When using
the Maximum Bid feature, if you are the current high Bidder and you want
to change your Maximum Bid, you will be required to place a new bid in
the increment designated for that item/lot in order to raise your
Maximum Bid which may cause you to raise your last high bid by one bid
increment. You, as a Bidder, agree to only use this feature if you
understand how the Maximum Bid feature works.
You agree that you
will not use any robot, spider, other automatic device, or manual
process to monitor or copy the Site or the content contained herein
without Auctioneers prior, express written permission. You agree that
you will not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any activity being
conducted on the Site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our
infrastructure. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content from
the Site without prior, express written permission of the Auctioneer.
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have
other legal rights which vary from state to state.
Access and use of
any online auction site of R. J. Montgomery & Associates, Inc.
(collectively the “Site”) is subject to any and all specific terms and
conditions set forth on any individual page within the Site and the
terms and conditions of this User Agreement (collectively “Site User
Agreement”) and all applicable laws and regulations, including but not
limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU,
THE BIDDER, AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF
THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with
all applicable laws, statutes, ordinances and regulations regarding your
use of this Site. Legal action will be taken against anyone violating
the terms and conditions of the Site User Agreement or any other
applicable law or regulation. Auctioneer reserves the right to
periodically change the terms and conditions of the User Site Agreement
and it is the Bidder’s responsibility to periodically review any and all
changes made to these terms and conditions prior to each use of this
Site. By using this site, you, the Bidder, agree in advance to accept
all rules, terms, and conditions, and any such possible changes thereto.
You, the Bidder will
be suspended or permanently banned from the Site if you, the Bidder,
provides false information when registering, such as a false name or
fraudulent contact information. You, the Bidder, will be permanently
banned from this Site if you are the successful Bidder and you do not
honor your auction bid. Furthermore, if you do not honor your auction
bid, legal action may be taken against you. R. J. Montgomery &
Associates, Inc. (hereinafter “Auctioneer”) use of e-mail addresses is
strictly limited to contact Buyers and Owner/Sellers; any use of this
private information by you, the Bidder, is strictly prohibited.
No legal advice is
intended or implied by anything contained within the Site. No
obligation, liability, responsibility, accountability or burden is
undertaken, assumed or otherwise imposed by maintaining the Site.
The Site User
Agreement and any disputes arising out of or related to the Site shall
be governed by and construed and enforced in accordance with, the laws
of the State of Michigan applicable to contracts entered into and to be
performed entirely within the State of Michigan. If any provision of
this Site User Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced. Auctioneer’s failure to act with respect to a breach by you or
others does not waive the right to act with respect to subsequent or
similar breaches. This Site User Agreement sets forth the entire
understanding and agreement between us with respect to the subject
Your use of this auction site marks your acceptance in full of these Terms and
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