Terms of Use

Welcome to the Auction Podium website (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

Certain areas of the Site may have additional or different terms of use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

TERMS AND CONDITIONS OF SALE / BINDING CONTRACT You are about to enter into a binding contractual agreement. You are required to read and understand this contract in its entirety before agreeing the terms. You are encouraged to seek independent legal council if you have any questions concerning this agreement. Subject to amendments and modifications announced by the Auctioneer at the time of the auction, any person participating in The auction shall be bound by the following terms and conditions as stated or otherwise set forth by Auction Podium. 1. 15% buyer's premium added to all sales. 2. Payment, in full, must be made before or within 48 hours of the the auction. Payments shall be by Bank Wire transfer or Cash. In accordance with IRS Regulations, a CRT filing will be made for any cash payment over the $10,000 legal limit * NO Company checks without the ADVANCED approval of Auction Podium. * NO Credit Cards will be accepted Payments may be made in advance of the auction via wire transfer and any balance in excess of the balance owing will be refunded after the auction. 3. Liquidated Damages: It is acknowledged that failure to complete the purchase of equipment sold at auction will result in damages to Auction Podium Inc. in the sum that is difficult to calculate. These costs may include, but not limited to, shipping, handling, rigging, packaging, advertising, and marketing, selling the equipment. In light of the above, the buy agrees that liquidated damages in a sum equal too 150% of purchased price of said equipment shall be agreed upon as liquidated damages. This is in addition to interest at the rate of 10% per annum on the original purchase price of the equipment (including buyers premium). The party placing bids on behalf of, acknowledges and agrees that he / she has authority to act on behalf any third party that they are placing bids and that they also acknowledge that they are personally response to comply with the terms and conditions of this contract. The parties acknowledge and agree that any legal action brought to enforce the terms and conditions of this agreement shall be filed in the County of Orange, State of California, to the exclusion of any other venue or location and shall be and should be. Subject to the laws of the State of California. 4. ALL SALES ARE FINAL. ALL ITEMS ARE SOLD "AS IS WHERE IS", "IN PLACE", "WITH ALL FAULTS" BASIS WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR AMISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOG, ADVERTISEMENT OR OTHERWISE. DESCRIPTIONS HAVE BEEN PREPARED FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RELIED UPON BY THE PURCHASER FOR ACCURACY OR COMPLETENESS. PLEASE INSPECT ALL ITEMS BEFORE BIDDING. PURCHASERS SHALL BE DEEMED TO HAVE RELIED ENTIRELY UPON THEIR OWN INSPECTIONS AND INVESTIGATIONS. 5. All Articles will be sold to the highest bidder conforming to the bid process, provided that the Auctioneer reserves the right to sell articles by individual, group lots and "in bulk", as he deems appropriate. The Auctioneer reserves the right to sell on behalf of third parties, its own account or on the account of others. Should any dispute arise between two or more bidders or as to any bid, the lot in question may, at the Auctioneers discretion, be immediately put up again and resold. The Auctioneer shall regulate all matters relating to the conduct of the auction and his decision shall be final and binding on all bidders. The records kept by the clerk of the sale, shall in all cases be accepted by the bidder as final. 6. Auctioneer reserves the right to sell subject to reserve and to bid for its own account and for the account of others, whether by verbal or written proxy, all subject to prior sale. 7. All sales shall be concluded as indicated by the Auctioneer and no Purchaser may thereafter revoke their bid. Title to the lots purchased shall not pass until payment in full of the purchase price is received. 8. Orange County California Sales taxes shall be paid to the Auctioneer at the time of sale. Purchasers claiming exemptions from taxes shall provide proof satisfactory to the Auctioneer of their entitlement to claim such exemption. 9. No article shall be removed unless paid for in full and all articles purchased shall be removed within the guidelines and terms stipulated. The Purchaser shall be responsible for all costs of removal and shall be liable for any damages, including without limitation, any environmental damage, caused during or as a result of the removal. Purchasers shall comply with all environmental laws and regulations and all requirements established by the Auctioneer for the removal of articles, including requirements as to bonding of movers; please refer to the REMOVAL REQUIREMENTS. No claims shall be allowed after removal of the purchased article. 10. Where available, documents of transfer, including motor vehicle ownership documents, which are in possession of the Auctioneer, will be provided to the Purchaser following the auction or as soon thereafter as such documents are available. 11. If the Auctioneer is unable to deliver an article sold to a Purchaser due to fire, theft or any other reason whatsoever, the Auctioneer shall reimburse the Purchaser for all monies paid to the Auctioneer in respect of the article and the Auctioneer shall have no further liability to the Purchaser arising from or relating to such loss, including without limitation, any damages for loss of profits. 12. The Auctioneer reserves the right to refuse any applicant the privilege of bidding or attending the auction and may revoke such privilege at any time. 13. The Auctioneer assumes no responsibility or any liability once title passes, which occurs at time of payment in full. Purchasers are advised to prearrange for insurance coverage of their purchase. Title will revert to seller in the event purchaser does not remove his purchase by the time specified. 14. Time shall be of the essence. If a Purchaser fails to make payment or remove goods within the time periods herein above provided, the Auctioneer may resell the article purchased by auction, private contract or otherwise, as the Auctioneer in his discretion deems advisable, and the Purchaser shall be liable for the shortfall and all costs and expenses, including but not limited to legal fees, moving and storage costs and commissions incurred in such resale, or any other fees as assessed by the Auctioneer. 15. No Purchasers may assign, transfer or dispose of their rights in any article purchased before they have paid the purchase price in full. Notwithstanding, these terms and conditions shall continue to be in effect and automatically transferred to any assignee or transferee. These terms and conditions together with any amendments or modifications expressly made by the Auctioneer at the time of the auction constitute all the terms and conditions with respect to the sale of articles at this auction. There are no representations, warrants, terms, conditions undertakings or collateral agreements except as herein above provided. REMOVAL REQUIREMENTS All items are to be removed no later than January 15, 2010. The following are terms & conditions for all Purchasers, their employees, riggers, contractors and agents, (who will be further referred to as Purchasers / Movers / Riggers) *All invoices must be paid in full before commencement of removal 1. Purchasers/Movers/Riggers are responsible to remove all articles purchased. A proper certificate of insurance is required before any item marked can be mechanically removed. Furthermore, properly authorized rigger release instructions, in writing, are required before a purchaser/mover/rigger can commence removal of these items. 2. PURCHASERS / MOVERS / RIGGERS SHALL BE RESPONSIBLE FOR PROPER DISCONNECTION AND TERMINATION OF ALL ELECTRICAL, WATER AND/OR AIR LINES TO YOUR EQUIPMENT AS STIPULATED BY AUCTION PODIUM INC. INC. SITE REPRESENTATIVE; THE SHEARING OF ANCHOR BOLTS FLUSH WITH THE FLOOR; LEAVING YOUR WORK AREA IN A BROOM SWEPT MANNER; THE ERECTING OF SAFETY BARRIERS AS REQUIRED WHERE PITS OR HOLES HAVE BEEN CREATED AS A RESULT OF EQUIPMENT REMOVAL; THE REMOVAL, OFF PREMISES, OF ALL HAZARDOUS WASTE OR OIL CONTAMINANTS CONTAINED THEREIN OF PURCHASED ASSETS, IN CONJUNCTION WITH ALL ENVIRONMENTAL LAWS; AUCTION PODIUM INC. INC. TERMS OR CONDITIONS INDICATED BY THE AUCTIONEER AT THE TIME OF SALE. All Termination of GAS lines will be disconnected and capped by a licensed gas fitter. All ELECTRICAL disconnects to be done in accordance with all federal, state and local codes. NO ARTICLE (S) SHALL LEAVE THE PREMISES UNTIL ALL THE AFOREMENTIONED HAVE BEEN COMPLETED TO THE SATISFACTION OF AUCTION PODIUM INC. INC. SITE REPRESENTATIVE. RIGGERS: Quote your customers accordingly; you shall be liable for all costs in compliance with the above. Purchasers/Movers/Riggers shall assume all responsibility and liability for any and all articles staged for shipment, before it leaves the premises. 3. Purchasers/Movers/Riggers must provide to Auction Podium Inc. Inc. a certificate of insurance, adding Auction Podium Inc. Inc. as an Additional insured, but only with respect to the operations of the Named Insured (i.e. Purchasers/Movers/Riggers) at the Named Auction and Named Location, of not less than $2,000,000.00 4. Where available, bridge cranes and/or hoists may only be used by certified crane operators with insurance and only with the expressed written permission of crane owner and/or Auction Podium Inc. Inc. 5. Auction Podium Inc. Inc. site representatives must examine all articles being loaded out and check off Purchasers shipping invoice. 6. Purchasers/Movers/Riggers shall be held liable for all costs and damages or repairs to property as a result of their negligence. 7. Hours of removal are Monday to Friday from 8:00am to 4:00pm, unless otherwise noted by Auction Podium Inc. Inc. Anyone requiring access beyond our published deadlines is subject to a non-negotiable per diem rate. 8. No articles shall be removed while auction is in progress. *By registering to bid, you agree to all terms and conditions set forth You Register & Bid On-Line from your desk-top For More Information Contact: AuctionPodium, Inc. 1027 S. Linwood Ave Santa Ana CA 92705 Phone:714-973-7777 Fax: 714-973-7722 Email: info@auctionpodium.com Web-page: http://www.auctionpodium.com Disclaimer: Thank you for using our MaxaNet service. To begin enter your administration password below. We advise using the secure sign-in if you will be accessing customer credit card information. By using this MaxaNet service you acknowledge that you agree with the following... * JBS Software, Inc. (JBS) will make every reasonable effort to insure that the MaxaNet service is continuously available and that the integrity of the data is never compromised. * JBS will never share any of the information that we have collected on behalf of our customers. * JBS does not guarantee the performance of the MaxaNet service and JBS and its vendors will not be held liable for any direct, indirect, or consequential damages that have resulted from the use of the MaxaNet service.