Online Auction Terms and Conditions
This is a legal agreement between you, the user or buyer, and Otown Auctions
You must be at least 18 years old to bid.
Otown Auctions, LLC at its sole discretion, may ban from further use any buyer or seller which Otown Auctions believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Otown Auctions. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
BUYER’S PREMIUM: A 13% buyer’s premium will be charged on all items and lots. Discount of 3% if paid with Cash or Cashier’s Check. Every bidder pays the same. For example, if you bid $100 on an item at the auction you will be charged $110 for the item on your auction invoice. Unless stated differently in the auction.
PAYMENT: Buyer will receive an invoice via email after the close of the auction. No personal checks accepted. Payable by cashier’s check, cash, credit card, or debit card. Company checks accepted up to $5,000.00 with proper identification. Purchase must be paid in full within 4 days. There is a $5 a day late payment fee on all invoices that are not paid for during the scheduled payment days Otown Auctions does not accept partial payments and invoices must be paid in full. Any invoices left with a balance on the last day of pickup will be charged if credit card is on file.
ALL ITEMS on the auction sell subject to the Otown Auctions acceptance or rejection of the high bid.
Removal and Failure to Remove. All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified the buyer’s bid number will be terminated and buyer will not be allowed to sell/ purchase on Otownauctoins.com. Item removal will be the responsibility of the buyer within 4 days of purchase. Otown Auctions reserves the right to charge a $5/day fee to buyer for failure to remove item within 4 days.
Sales Tax: All bidders will be subject to the local sales tax of auction location unless buyer provides Otown Auctions with the documentation required for tax exemption. NOTICE: Out-of-state buyers must pay sales tax on all items including titled items.
Note to the buyers of titled items. Buyers will be responsible for taxes and plates at their local Secretary of State office. Titles will be given day of sale if paid by Cash, Credit Card, or Certified Check. Company Checks will take 7 days to clear before title will be released.
Terms: All items sell AS IS WHERE IS with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS – WHERE IS basis with all faults. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Otown Auctions, for any errors or omissions.
Otown Auction’s Right to Terminate Purchase. If for any reason Otown Auctions is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Otown Auctions may terminate the purchase/agreement, in which case Otown Auction’s only liability shall be the return of any monies actually paid by buyer.
DISCLAIMER OF WARRANTY AND RELEASE
Otownauctions.com may contain errors, omissions, inaccuracies, or outdated information. Further, Otown Auctions does not warrant reliability of any statement or other information displayed or distributed through the otownauctions.com. Otown Auctions reserves the right, in its sole discretion, to correct any errors or omissions in any portion of otownauctions.com. Provider may make any other changes to this Site at any time without notice.
Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN ‘AS IS,’ ‘WHERE IS,’ AND ‘WHERE AVAILABLE’ BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In the event that you have a dispute with one or more users, you release Otown Auctions from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES
YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OTOWN AUCTIONS IS NOT RESPONSIBLE FOR LOST, STOLEN OR UNCLAIMED PROPERTY INCLUDING VEHICLES AFTER 30 DAYS OF ENDED AUCTION.