Montgomery & Associates, Inc.
Terms and Conditions
This auction sale will be conducted within the
framework of the rules listed below 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
For most auctions, settlement for
payment for purchases must be made by cash, cashiers’ checks,
Visa/MasterCard, company check presented with a irrevocable bank letter
of guarantee (click
for sample) or wire transfer of funds, and made payable to R. J.
Montgomery & Associates, Inc. Please see each individual auction
overview page for specific payment terms. All sales are subject to appropriate state Sales
Tax laws. If you are exempt from paying sales tax you must provide the
auctioneer a copy of your license or fill out a
tax exemption form.
All sales are subject to a Buyer's Premium per specific terms listed for
each individual auction. 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. Please note that some removal times are short, be
aware of removal times when you bid.
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
and employees 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 and
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.
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/Auctioneer
of property sold through this Site reserve the right to reject any and
all bids in their sole discretion.
If there is a reserve
on a lot, the auctioneer and/or the seller have the right to bid on
behalf of the seller.
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, phone number, and U.S. Postal Service
complete and current mailing address.
R. J. Montgomery & Assoc., Inc. is a Class D Vehicle Dealer (License #
D001248). This requires a state mandated procedure. Click
here for more
information on that procedure.
the full responsibility of Buyer at time of PAYMENT. Removal is at
the expense, risk, and liability of the purchaser. Any buyer
having someone, other than himself, pick-up his purchases must notify
the auctioneer in writing. Any items that are non-available from the
auctioneer for any reason will be refunded at the rate of purchase. 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, unless previous arrangements have been
made, there will be a per day, per item/lot storage fee charged to the
Buyer on any lots not fully removed. It is the responsibility of the
buyer to completely remove any article purchased by him, and should any
part of any such article be abandoned, the buyer will be liable for any
expense involved in its removal. Online bidders are required to provide a valid MasterCard or Visa
in order to be approved to bid. This card will not automatically
be charged without your written authorization, unless you fail to
respond to our requests for payment. We reserve the right to
charge your credit card for your purchases in the event of non-payment.
Any purchases, whether paid for or not, will be considered abandoned if
not picked up with 10 days of the auction.
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/Auctioneer 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, at its
discretion, 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/Auctioneer 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 could be illegal, and prosecution can result. The Owner/Sellers/Auctioneer 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.
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. All auction photos appearing on
this site are owned by R. J. Montgomery & Assoc., Inc. and not for use
without express written permission. 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.
I hereby waive all
claims to future litigation against R. J. Montgomery & Assoc.,. Inc.
regarding my visit to these premises on any and all auction preview
days, any and all auction sale days and any and all days requiring
removal of purchased merchandise from these premises for the following:
1) Accident or injury to me or damage to my property resulting from
acts other than those caused by the negligence of R. J. Montgomery &
Assoc., Inc. & 2) Claims for loss or damage to any personal property or
equipment that I may bring on to the premises. It is further
understood and agreed that I, nor any person(s) accompanying me, will
attempt to operate or activate any machinery or equipment without direct
permission from a representative of R. J. Montgomery & Assoc., Inc. It
is furthermore understood and agreed that, if permission for operation
or activation is granted, I will assume all liability for damage and
costs of repair if I, personally, or my representative(s) causes damage
to the machinery, equipment, or the premises during inspection or
removal. An auction site is a potentially dangerous place.
It is not a place for children. Flammable, noxious, corrosive, pressurized and otherwise hazardous
substances may be present. Heavy equipment may be operated, and
electrical circuits may be live. Every person enters such site at his
or her own risk with notice of the condition of the premises and the
activities that will be or have been conducted on the premises. Bidders
shall so advise their agents and employees. No person shall have any
claim against Auctioneer, the seller or their respective agents or
employees for any injuries sustained or for damages to or loss of
property that may occur at such site. Neither Auctioneer nor
Seller shall be liable for any damages of any type or nature (whether in
contract, tort or otherwise) sustained or claimed by any bidder, person
or entity in connection with the auction. Without limiting the
foregoing, in no event shall Auctioneer’s liability to any bidder for
any act or omission occurring in connection with the auction exceed the
amount that such bidder, person or entity has actually paid to
Auctioneer as a deposit or as payment for a purchased item. I understand the risk associated with being outside of my home and in the proximity of others during to the COVID-19 virus pandemic. I understand the COVID-19 virus’s highly contagious nature. I hereby voluntarily agree to release, indemnify, defend and hold harmless, R. J. Montgomery & Assoc., Inc., and their respective agents and employees from any and all liabilities, claims, losses, causes of action or expense of any kind, including reasonable attorneys’ fees, resulting from a Released Party’s negligent act or omission, arising out of my participation in and presence at the auction whether related to bodily injury, infection due to COVID-19 virus, property damage, or any other form of injury or loss. I acknowledge the activities to which this release applies can be dangerous, I am accepting those risks for myself and for any participants who may be in my care. I acknowledge that I am familiar with local, state and federal guidelines and executive orders related to the COVID-19 virus and social distancing. I am participating at the Auction of my own free will.
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. Any legal action will
be heard and determined in a court of the auctioneers choosing in
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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