We make every attempt to accurately describe each item in the auction; however, it is possible that a mistake may occur. This is especially important to know if you plan to bid over the Internet or make a Proxy Bid. Please inspect before you bid. Remember, everything will be sold “AS IS, WHERE IS” with absolutely no warranty or guarantee of any kind either written or implied. Occasionally, additional information regarding any and all items being sold may come to light during the auction. When this occurs the new information takes precedence.
Terms of Sale
NOTICE: All Bidders and other persons attending this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby.
1. IDENTIFICATION – All purchasers are required to give full name and address at time of registration.
2. DEPOSIT – Each Buyer will be required to make a deposit in cash or by certified check of 25 percent of the bid on each lot at the time of knockdown. In default of such deposit, the lot may be put up again immediately and resold.
3. TIME OF PAYMENT – All invoices must be paid in full by the sales conclusion. Any other arrangements must be made with Auctioneer prior to bidding. If not, the merchandise will be deemed abandoned and Buyer will lost any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Auctioneer without further notice to Buyer and the transaction shall be null and void as to Buyer.
4. REMOVAL – All purchases must be removed not later than the date specified in the auction Catalogue and/or announced at the sale time. No lot can, on any account, be removed during the sale. All goods are sold “Where Is”. Removal shall be at the expense, risk and liability of the Buyer. Purchases will be delivered only on presentation of paid bill. Auctioneer shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the Buyer any article purchased, but not paid for and removed within the time aforesaid.
5. MANNER OF PAYMENT – All payments must be made by cash, cashier’s check or company check with a bank letter of authorization guaranteeing funds to Myron Bowling Auctioneers. All check for deposits and balances due shall be payable to the order of “Myron Bowling Auctioneers”. All bills must be paid to representatives of the Auctioneer at the plant unless otherwise announced. The full purchase price on all lots sold to the same Buyer must be paid within the time fixed and before removal of any goods.
6. CONDITION OF ARTICLES SOLD – The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. NO sale will be set aside nor allowance made on account of any incorrectness, error in commentary, cataloguing, or any imperfection not noted. No deduction allowed on damages articles, all goods being exposed for public exhibition are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH ALL FAULTS”. Auctioneer makes no warranties or guarantees whatsoever whether written, oral or implied as to quality, quantity, condition, usability, salability, weight, measurement, year, model, mechanical condition, performance or other specifications and without recourse.
7. CLAIMS – No Claims will be allowed after removal of goods from premises.
8. RESPONSIBILITY FOR NON-DELIVERY – Auctioneer shall not, in any event, be liable for non-delivery of such lot, storage or removal fees or costs, lien satisfaction or for any other matter or thing, to any Buyer of any lot, other than for the return to the Buyer of the deposit or sum paid on said lot, should the Buyer be entitled thereto.
9. COMPLIANCE WITH TERMS OF SALE – In default of payment of bills in full within the time therein specified, the Auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser.
10. RISK TO PERSON AND PROPERTY – Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer from liability therefor. Neither the Auctioneer nor his principal shall be liable by reason or any defect in or condition of the premises on which the sale is held.
11. ADDITION TO OR WITHDRAWAL FROM SALE – The Auctioneer reserves the right to alter the order of the sale, withdrawal from the sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the Seller will be served, the Auctioneer reserves the right to sell property listed, in bulk.
12. SALE BY ESTIMATED WEIGHT, COUNTY OR MEASURE – Where items are sold by estimated weight, count or measure, the Buyer will be billed for and required to pay for the estimated weight, count or measure. If, upon delivery, any shortage exists, the Buyer will receive a refund at the rate of the purchase. If there be an excess, the Buyer will be required to take and pay for such excess, at the rate of the purchase.
13. DISPUTE BETWEEN BIDDERS/BID INCREMENTS – If any dispute arises between two or more bidders, the Auctioneer may decide the same or put the lot up for sale again at once, or resell to the highest bidder. Auctioneer may reject a nominal or fractional bid advance if, in his estimation, it proves injurious to the sale. The Auctioneer’s decision shall be final and absolute.
14. RESERVE – The Auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the Seller.
15. RECORDS – The record of sale kept by the Auctioneer and bookkeeper will be taken as final in the event of any dispute.
16. AGENCY – The Auctioneer is acting as agent only and is not responsible for the acts of its principals.
17. SALES TAX – All sales are subject to state and local taxes, unless a proper exemption certificate including tax exempt number is presented at the time of payment.
18. BUYER’S PREMIUM – The Auctioneer in its sole discretion may impose a Buyer’s Premium on any goods sold. The Buyer’s Premium is a percentage that is added to the final purchase price of any items.
19. SHIPPING – All coolants, oil and fluids must be drained from all machinery and equipment prior to removal. All of the above must be shipped in compliance with state and federal regulations.
20. INSURANCE – All Buyers, or the Buyer’s riggers, must provide the Auctioneer, Owner and Landlord a certificate of insurance in amounts acceptable to the above parties prior to removal of any machinery and equipment.
21. ADDITIONAL TERMS AND CONDITIONS – The Auctioneer may modify or supplement these terms and conditions of sale by language in the catalog available at the sale site or by announcement at the start of the sale.
All bidders must register immediately upon entering the auction site. You must bring valid identification. Registration goes much quicker if you have a business card.
Please note: If you plan to pay for your purchase with a company check, a BANK LETTER OF GUARANTEE is required. When paying by wire transfer, a $1,000 deposit (company check with a BANK LETTER OF GUARANTEE or cash) is required. Sorry, we do not accept credit cards.
1) Register: You must register 24 hours prior to auction start time or you will NOT be approved to bid.
2) Deposit: A deposit of 25% of your anticipated purchase or a BANK LETTER OF GUARANTEE is required to bid online. Call 513/738-3311 if you need wire transfer instructions. Fax your bank letter of guarantee to 513/738-0221.
Mail deposit check to:
Myron Bowling Auctioneers
P.O. Box 369
Ross, Ohio 45061
3) Approval: Once you have completed the registration process and we receive your deposit, you will be notified that you are approved to bid through an automated BidSpotter email.
Bank Letter of GuaranteeIf you wish to pay for your purchase by personal check, company check or wire transfer, you will need to present a BANK LETTER OF GUARANTEE.
1. The letter must be on Official Bank Letterhead and signed by a bank representative.
IMPORTANT: THE BANK MUST STATE THAT THEY IRROVCABLY GUARANTEE THE PAYMENT OF THE CHECK BEING PRESENTED. IT IS NOT SUFFICIENT FOR THE BANK TO STATE THE CREDIT LIMIT OR BALANCE OF THE INDIVIDUAL/COMPANY.
2. The letter must state the name of the individual or company for whom the guarantee is being stated and if a check is used, it must have the same name printed on it.
3. The letter should contain the account number on which the check or wire transfer is to be drawn and the check or wire transfer should match this same account number.
4. The letter should state an ending date after which the letter of guarantee will expire (at least seven days from auction).
5. The letter must contain a maximum amount for which the bank will guarantee. The check must not be written for more than is guaranteed by the bank.
Sample bank letter:
Myron Bowling Auctioneers
P.O. Box 369
Ross, OH 45061
(BANK NAME) irrevocably guarantees payment in full to Myron Bowling Auctioneers by (BUSINESS NAME) drawn on account (NUMBER), up to the amount of $ (DOLLARS) to purchase items at your (AUCTION NAME). This letter of guarantee is valid until (Month, Date, Year).
Payment & TaxesPayment Terms
When you are finished bidding, or at the conclusion of the auction please come to the office area and pay your invoice or get a copy so you can wire transfer the balance due.
We accept:Sorry, we do not accept credit cards.Online Buyers
The balance due must be paid by wire transfer or company check at the close of the auction. Call 513/738-3311 for wire transfer instructions.
Payment of Sales Tax
We will charge local sales tax unless you have your tax exempt number with you or have it faxed to our office the day of the sale. Our fax number is 513/738-0221.
Refunds/AdjustmentsNo refunds or adjustments will be made once an item has been removed from the auction site. All refunds and adjustments are solely at the discretion of the auction company.
Rigging & RemovalRIGGING AND REMOVAL IS THE RESPONSIBILITY OF THE BUYER. Small, carryout items, should be removed immediately after the auction or the day after the auction. Anyone, either a buyer or rigger, who uses a powered vehicle to remove anything from the auction site will need a certificate of insurance. All removal activity must be in accordance with OSHA guidelines and safety standards. REMOVAL MAY BEGIN WHEN THE AUCTION HAS BEEN COMPLETED AND PAYMENT IN FULL HAS BEEN MADE. SEE THE SPECIFIC AUCTION PAGE FOR DETAILS OR OTHER SPECIFIC REQUIREMENTS.