Auction Terms & Conditions Bid and Buy's Auction Terms & Conditions
Auction. This is an Internet-Only Auction Sale with Property (Auction Lots) being sold that includes a 12% Buyer's Premium. There is a 3% surcharge for any buyer using a Credit Card, Venmo Business, and PayPal Business. Cash and checks do not carry a surcharge. We accept cash from anyone, checks have to be pre-authorized and are based on your HiBid score and interaction frequency with Bid and Buy.
Property. Auction Lots. Interested parties may obtain additional information about the Auction Lots by scheduling a Lot Preview Appointment through our online booking service at https://www.byebuyretailprices.com/appointment-bookings
Firearms. Bid and Buy is not a licensed FFL Dealer at this time.
Indemnification. Buyer shall indemnify, defend and save harmless Bid & Buy, their respective officers and employees, from and against any and all cost, expense, legal action, claims for property damage, personal injury, bodily injury or death, including reasonable attorneys’ fees and the cost of defense, arising or growing out of Buyer’s purchase of Property and its performance of the terms and conditions of this Agreement, whether caused in whole or in part by the error, omission, misconduct and/or negligent acts of Buyer. Bid and Buy is also not responsible for any personal injury or damage caused by any Auction Lot.
Disclaimer. Bid & Buy has obtained information about the Property from sources that they deem to be reliable, however, they make no warranties as to the accuracy of, including total quantities of units, and disclaim all liability for errors or omissions in, advertisements, brochures or other promotional statements and materials relating to the Auction Lots.
Bidding. By placing a bid you are entering into a legally binding and enforceable contract which requires you to complete payment and removal of purchase(s) if you are the highest bidder. Your bid will not be reversed or deleted upon the completion of the bid process. Bid and Buy allows bidding in various forms. The auction type and bidding allowed may vary from one Bid and Buy auction to the next and will be at the discretion of Bid and Buy.
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet-only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Auction Lots. Lots are sold in accordance with these terms and conditions which are accessible from each Lot's page. The online auction platform requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your username and password are required in order to place internet bids. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Bid and Buy may at its discretion release this information to enable legal action to be taken. Bid and Buy may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Lot at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. Bid and Buy may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to Bid and Buy, however, there is no guarantee that any bid will be withdrawn.
Winning Bids. The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then Bid and Buy shall have the right to accept the next highest bid. If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for a Lot. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on a Lot prior to bidding for it.
Payment. The successful bidder will be required to submit full payment to Bid & Buy within24-hours following the auction. Payment is to be made by cash, credit/debit card, Venmo, Paypal or certified funds. Certified funds being cashier's check made payable to Bid and Buy. Sales tax will be charged on all purchases. Unless purchaser is tax exempt and must provide proof of sales tax exemption number or resale number. Credit card purchases will be batch run at the end of the auction with a 3% surcharge.
Removal. Bid and Buy offers a variety of removal options. It is the buyer's sole responsibility to make Bid and Buy aware of their removal choice. These options include:
Requesting that Bid and Buy mail their package of winning bids items. The Buyer will pay what Bid and Buy pays plus their Shipping and Handling Fee (See the Shipping, Pick Up and Delivery options in the FAQ section of our website: https://www.byebuyretailprices.com/frequently-asked-questions).
Scheduling a Pick-Up Appointment with Bid and Buy's online booking service. Pick-Up Appointments are on Friday, Saturday, and Sunday from 10:00 am to 5:00 pm. Buyer should register at https://www.byebuyretailprices.com/appointment-bookings to schedule as soon as they have won an Auction Lot.
Arranging for someone else to pick-up and/or deliver your winning bid items for you. Upon request, we may provide you with contact information for Pack, Ship & Freight companies in your area that may be available to provide you with their services.
With a Paid Receipt, Buyer's will be allowed to begin the removal of their purchases. If Buyer fails to remove Auction Lots by the defined deadline, Bid and Buy reserves the right to otherwise dispose of remaining Auction Lots and accordingly, there will be no refund made available to Buyer.
Shipping: Please refer to our Shipping & Handling Policies in the FAQ section of our website: https://www.byebuyretailprices.com/frequently-asked-questions. Most Bid and Buy auctions offer shipping, however we reserve the right to decide this on a per auction basis.
Modification of Terms. At Bid & Buy's sole discretion, Bid & Buy may postpone or cancel the Auction Sale; and in Bid & Buy's business judgment, may modify the Terms and Conditions (TAC) of the Auction Sale. On some occasions auctions are extended so estate owners can add more Lots, or business owners have additional Lots, and so on.
Copyright. All material and content as provided by Bid and Buy is protected by copyright and similar rights. You cannot use or make available any of that material for any commercial purpose.
Disclaimer of Warranties. You expressly understand and agree that: Your use of this service is at your sole risk. The service is provided on an "as is" and "as available" basis. Bid and Buy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement.
Bid and Buy makes no warranty that: the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Bid and Buy or through or from the service shall create any warranty not expressly state in these TAC.
LIMITATION OF LIABILITY. You expressly understand and agree that Bid and Buy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bid and Buy has been advised of the possibility of such damages), resulting from: the use or the inability to use the service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
General Information. The TAC constitute the entire agreement between you and Bid and Buy and govern your use of the Service, superseding any prior agreements between you and Bid and Buy. The TAC and the relationship between you and Bid and Buy shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Bid and Buy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake, Utah. The failure of Bid and Buy to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.