TERMS AND CONDITIONS
KD CAPITAL AUCTIONS, LLC – ONLINE/ONSITE AUCTION TERMS AND CONDITIONS
KD CAPITAL AUCTIONS, LLC., and its affiliated companies (“KDAUCTIONS”or“Auctioneer”) welcome you to participate in our online/onsite auctions as they take place. 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 written. Do not participate in our auctions if you do not understand the terms and conditions outlined herein or if you will not agree to be bound by these terms and conditions. All announcements made on the auction day shall take precedence over previously distributed information. All bids constitute a legally binding contract and bidders will be legally obligated to make payment and remove items in accordance with the terms and conditions of the sale.
NON USA DEPOSIT – Anyone outside of the continental United States will be required to wire transfer a refundable deposit of $3,000.00 US Dollars in order to be approved to bid online with this sale. If you are unsuccessful in the auction, you will be refunded your deposit within 24 hours post-auction. Should you be successful at the sale the deposit will be applied to your balance due and any excess funds will be refunded. All deposits must be received 24 hours before the sale.
Credit Card Authorization – All Bidders may be required to provide a valid MasterCard, Visa or American Express and the appropriate Credit Card Authorization form (as instructed by KDAUCTIONS Staff) in order to bid. A $200 deposit authorization will be processed on the card provided (there will be no charge at this time; this is a “no transaction” authorization only). By registering, the Bidder hereby expressly authorizes KDAUCTIONS to charge this Card if the Bidder fails to pay their invoice in accordance with these “Terms and Conditions” of Auction within forty-eight (48) hours of the issuance of that invoice.
PAYMENT – KDAUCTIONS only accepts cash, certified check, a company check accompanied by a bank letter of guarantee payable to KD Capital Auctions, LLC. via Overnight Delivery to the McClain Street, AZ address, and/or Wire Transfer. Buyer’s bank letter should be similar to the following: “Mr. (Customer Name) is a customer of this bank. This bank will guarantee unqualified payment to KD Capital Auctions, LLC on the account listed herein up to the amount of $_______. This letter is valid until (date).” All other forms of payment are, at the option of KDAUCTIONS, not allowed and will not be considered as payment. All bidding and invoicing will be in US Dollars ($), we will accept all currency according to the terms. The purchase price must be paid in full no later than 24 hours after the completion of the auction sale. The Auctioneer reserves the right to put item/lots back up for auction if payment is not received at or no later than 24 hours after the conclusion of the auction sale. All invoices must be checked on the day of the sale as no adjustments will be made thereafter. Purchases that are not removed within the designed time will be considered abandoned. KDAUCTIONS reserves the right to modify and / or amend any or all payment provisions. All item/lots will be sold to the highest bidder conforming to the bid process, provided that KDAUCTIONS reserves the right to withdraw the sale of the items/lots, to sell items/lots at the auction that may not be listed, to sell singly or in lots as it sees fit, or to sell one or more items in bulk and in the order of sale that KDAUCTIONS determines is best. On lots with a reserve, the Auctioneer reserves the right to sell subject to reserve and to bid for its own account, on behalf of the Seller or Secured Party, and/or for the account of others, whether by verbal or written proxy, all subject to prior sale and shall have no obligation to denote or announce such reserve or bid. 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 Auctioneer’s 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 Auctioneer shall at all times be entitled to make changes to items/lots or to withdraw them, up until the last moment before the sale, refuse bids without having to state the reasons, in which case the previous bidders shall be bound to their bids and to correct himself.
Sales of items/lots shall be deemed concluded on the fall of the hammer or as indicated by the Auctioneer and no buyer/bidder may revoke their bid once made. Title to the items/lots shall only pass once payment in full has been received by the KDAUCTIONS. All risk of loss shall pass to the buyer/bidder at the time of payment. Any High Buyer/Bidder that fails to complete a transaction will be held responsible for all damages resulting from that action.
KDAUCTIONS shall where available, provide the Buyer with documents of transfer including motor vehicle ownership documents within 10 days following the auction or as soon thereafter if possible.
We employ no agents or others and only those employed by KDAUCTIONS are acting on our behalf. The Auctioneer is acting as agent only and is not responsible for the acts of its principals.
KDAUCTIONS reserves the right to postpone and/or cancel any scheduled auction in its sole discretion and has no obligation to reschedule any auction that is cancelled or subsequently sell any items/lots previously offered. .
RIGHT TO REJECT ANY BID OR BIDDER – KDAUCTIONS reserves the sole right to reject any bid for any reason it deems necessary and further reserves the right to prohibit any person or entity from bidding for any reason. KDAUCTIONS without other limiting remedies, reserves in its sole discretion, the right to limit or terminate any user’s access to the website or registered account and may refuse to accept a new user’s registration. All provisions of this agreement shall survive such termination and shall continue in full force and effect without limitation
BUYER’S PREMIUM – All purchases are subject to a Buyer’s Premium at the published percentage rate for each item/lot sold. This Buyer’s premium is in addition to all other components of the sale, including applicable taxes and is due at the time of payment as provided herein. An 18% (Eighteen Percent) Buyer’s Premium will apply and be added to all purchases unless otherwise specified.
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
REMOVAL OF PURCHASES AFTER AUCTION – It is Buyer’s sole responsibility to remove purchases from KDAUCTIONS announced Seller’s location within the required posted dates of the auction, unless additional time is agreed to by KDAUCTIONS in writing. Standard removal hours are Monday – Friday from 8:00 am to 4:00 pm, local facility time, unless otherwise posted at the facility or advertised on the KDAUCTIONS website. Buyer bears the sole responsibility for all costs of removal and shall be liable for any damage, including without limitation, any environmental damage, caused during or as a result of the removal to remove the items/lots purchased in a safe and professional manner and Buyer agrees to accept all liability for any damages to persons and/or property caused during such removal, whether caused by Buyer’s negligence or not. Buyer shall be responsible to restore and repair all real and personal property and fixtures that are altered or damaged as a result of Buyer’s removal of the items/lots to condition substantially similar to the pre-removal conditions. KDAUCTIONS shall review the repair and make a determination in its sole discretion, whether the repair is acceptable to KDAUCTIONS. KDAUCTIONS shall have no responsibility to disconnect utilities to the items/lots, including but not limited to Electric, Gas, Waste and Water Lines. Under any circumstance, utility disconnection shall take place at the first junction from the machinery, capped and left in safe condition. Electrical will be locked out, tagged out at the box with all conduits, wire and piping remaining intact between the first disconnect and the lockout. Utility lines, air lines, etc. shall not be altered other than to be capped and left safe. In any removal of items/lots, the responsibility and liability of Buyer and Buyer’s Rigger, representative and contractors for any damage or loss due to removal of items/lots shall be joint and several. Buyer is solely responsible for the proper removal and storage in appropriate containers of all fluids, oils, hazardous chemicals, etc, form machinery purchased. Buyer is required to drain all coolants, oil and fluids from all machinery and equipment prior to removal. All of the above must be shipped in compliance with state and federal regulations to comply with any and all environmental laws, safety requirements and all requirements established by the Auctioneer for the removal of all items/lots, including requirements as to bonding of movers. Buyer must maintain and provide Seller with any and all appropriate insurance certificates with the minimum policy amount of US$ 2,000,000 protecting Seller, Landlord and KDAUCTIONS from any claims resulting from Buyer’s actions. If Buyer uses the services of any third party rigger or machinery mover, it is Buyer’s and Seller’s responsibilities to make sure that acceptable insurance policy are in place covering all parties involved with the minimum policy amount of US$ 2,000,000.
KDAUCTIONS reserves the right to charge storage for all items/lots not removed after the deadline, including all costs incurred to move the items to other suitable locations, if necessary. Items/lots not removed within thirty (30) days of the auction will be considered abandoned by the Buyer and KDAUCTIONS is authorized to re-sell those items as it sees fit, retaining the sales proceeds. No article shall be removed unless paid in full and all item/lots purchased shall be removed in the time allocated by the Auctioneer or as stated on the invoice. No item/lots, no matter how small or how far the purchaser has to travel, may be removed until the close of the auction sale.
KDAUCTIONS does not pack, ship, store, crate or rig any items/lots. In some instances, KDAUCTIONS may collect fees on behalf of a third party service provider. Any cost for Rigging, Machinery Moving, or Third Party service providers invoiced by or collected by KDAUCTIONS for services, removal or rigging on behalf of any third party rigger, machinery mover, or third party contractor is done strictly as a convenience to Buyers and is remitted 100% to the party rendering the services.
Items/lots that cannot be removed easily by hand carry from the auction site, or premises, or items/lots that require any utility disconnection and/or tools to remove the items/lots, must be removed by a qualified, insured rigger/machinery technician, approved by KDAUCTIONS.
Before item/lots can be removed by an Agent on behalf of Buyer, Agent must provide KDAUCTIONS with (1) Proof of Payment in Full (Paid in Full Invoice), and (2) an “Agent Release Authorization” form which allows KDAUCTIONS to release item/lots to third party contractor for shipping, crating, or packing purposes.
Any recommendation or approval of third party vendors such as Riggers, Machinery Technicians, Trucking Companies or any other third party vendors made by KD AUCTIONS or any of their affiliates, are done only as an accommodation to the Buyer. Such recommendation or approval shall not cause KD AUCTIONS or any of their affiliates to be liable in any way for any act or omission of such third party vendor. Buyer hereby acknowledges that its selection of any third party vendor is within its own discretion and agrees that it shall have no rights or remedies against KD AUCTIONS or any of their affiliates.
If an exclusive Rigger is assigned by Auctioneer, buyer will abide to the posted fees. NO EXCEPTIONS.
DISCLAIMERS – ALL SALES ARE FINAL, ON AN “AS-IS”, “WHERE-IS”, “IN PLACE” BASIS WITH ABSOLUTELY NO REPRESENTATIONS OF ANY WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF CONDITION AS TO TITLE, DESCRIPTION, MERCHANTABILITY, FITNESS FOR USE, STATE, CONDITION, LOCATION,OR ANY OTHER WARRANTIES THAT MAY BE AVAILABLE. Buyer understands that KDAUCTIONS does not represent any of the qualities, components, accessories, capabilities or any other matter as it regards each item/lot offered for sale and by bidding on any items/lots. Buyer represents and warrants that it has conducted its own investigation of the item/lot and after doing so, the item/lot meets with its specifications and capabilities. Any advertisement, circular, brochure or other written document describing the items/lots is for reference purposes only and KDAUCTIONS does not represent or warrant that the information is accurate. Buyers are urged to take any necessary actions and activities to inspect any item/lot that Buyer intends to place a bid. No sale will be set aside nor allowance made on account of any incorrectness, error in commentary, cataloging, or any imperfection not noted. No deduction allowed on damaged items/lots, all goods being exposed for public exhibition, are purchased and accepted by Buyer “AS IS”, “WHERE IS” “IN PLACE” and “WITH ALL FAULTS”. KDAUCTIONS reserves the right to correct any mistakes or typographical errors made by it or its behalf in any of its announcements or documents, without the ability of deriving right from the corrected announcements.
KDAUCTIONS does not warrant that the website will always be available, accessible, uninterrupted, and secure or operate without error. KDAUCTIONS disclaims any liability caused by a breach or misrepresentation by Buyer or Seller. KDAUCTIONS shall have the right to make image and audio video recordings of the auction, to use said recordings and if deemed appropriate, to make this public. Participants give their permission by participating in the auction.
LIMITATIONS OF LIABILITY – IN NO EVENT SHALL KDAUCTIONS BE HELD RESPONSIBLE, LIABLE OR BOUND FOR ANY LOSS, CLAIM, DAMAGE OR EXPENSE, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, WHETHER GENERAL, SPECIAL OR PUNITIVE, OF ANY KIND OR NATURE, INCLUDING LOST REVENUES, LOST PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE THAT ARE DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR PURCHASE OR ATTEMPTED PURCHASE OR YOUR SALE OR ATTEMPTED SALE OF ANY ITEM/LOT OR ITEMS/LOTS OFFERED BY KDAUCTIONS ON THIS WEBSITE OR OTHERWISE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IF KDAUCTIONS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE CONNECTED WITH THIS AGREEMENT OR THE USE OF THE WEBSITE, THE LIABILTY OF KDAUCTIONS TO BUYER, SELLER, OR ANY THIRD PARTY SHALL NOT BE GREATER THAN THE FEES PAID TO KDAUCTIONS WITH RESPECT TO THE SPECIFIC TRANSACTION. IF YOU DO NOT AGREE TO BE BOUND BY THIS LIMITATION OF LIABILITY, YOU SHOULD NOT BID ON OR OFFER FOR SALE ANY ITEM/LOT. PERSONS ATTENDING ANY AUCTION PREVIEW OR REMOVING ALL PURCHASED ITEMS/LOTS, INCLUDING THEIR EMPLOYEES AND AGENTS, ASSUME ALL RISK OF DAMAGE OR LOSS TO PERSON OR PROPERTY AND SPECIFICALLY RELEASE KDAUCTIONS FROM LIABILITY FOR SUCH DAMAGES. ALL ATTEMPTS TO INSPECT OR REMOVE ITEMS/LOTS ARE DONE AT BUYER’S SOLE RISK. IF KDAUCTIONS IS UNABLE TO DELIVER AN ITEM/LOT SOLD TO A PURCHASER DUE TO FIRE, THEFT, OR ANY REASON WHATSOEVER, KDAUCTIONS SHALL REFUND THE BUYER FOR ALL MONIES PAID TO KDAUCTIONS IN RESPECT TO THE ITEM/LOT AND KDAUCTIONS SHALL HAVE NO FURTHER LIABILITY TO THE BUYER ARISING FROM OR RELATING TO SUCH LOSS, INCLUDING WITHOUT LIMITAION ANY DAMAGE FOR LOSS OF PROFITS.
INDEMNIFICATION – Buyer and Seller agrees to indemnify, defend and hold harmless KDAUCTIONS, its employees, agents and officers, from and against any and all claims, losses, damages, liabilities, judgments, fees and expenses related thereto, including attorneys fees and costs, brought by any third party against KDAUCTIONS that arises out of or in any way concerns any breach or violation by Buyer or Seller, or your agents and employees, including, without limitation, any breach of your representations, warranties and covenants contained herein or any personal injury, death, property damages or any other damage caused by you or your agents or employees during the inspection, removal or use of the items/lots purchased or intended to be purchased, to the fullest extent allowed by law. Items/lots purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is Buyer’s responsibility that Items/lots purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such Items/lots into operation. Should any dispute arise by Buyer or by Seller, due to actions or inactions relating to the purchase or sale of any listed item/lot, Buyer and Seller agree to release KDAUCTIONS, its affiliates and subsidiaries, and their respective officers, directors, managers, members, agents, employees, and third party suppliers or vendors, from all claims, demands and damages of every kind and nature, whether they are actual or consequential, disclosed or undisclosed, suspected or unsuspected and further agree to waive any Civil Code that may contradict.
KDAUCTIONS COPYRIGHT AND TRADEMARKS – Any material contained on the KDAUCTIONS website, including but not limited to Trademarks, Copyright, Design, Layout, Documents, Products, Logos, Text, Auctions, Images or Graphics and all intellectual property are the sole and exclusive property of KDAUCTIONS and/or its Third Party Providers. Without express prior written permission of KDAUCTIONS, any dissemination, modification, replication, distribution, downloading, reproduction, republication, posting or transmission in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means of any or all such material is strictly prohibited to the fullest extent of law. You may not “mirror any materials contained on this website on any other server or website without the prior written approval of KDAUCTIONS.
APPLICABLE LAW AND VENUE – This website, any and all auctions conducted herewith, and any and all disputes arising hereunder shall be governed by the laws of the state of Arizona and all disputes must be venued in the courts of the County of Maricopa, State of Arizona for all purposes. By agreeing to the terms and conditions below, Buyer and Seller agree to submit to the jurisdiction of the courts of the State of Arizona for all purposes.
NOTICES – sent to KDAUCTIONS shall be given by Certified Mail, return receipt requested to:
KD Capital Auctions, LLC
7918 East McClain Drive, Ste 101
Scottsdale, AZ 85260
Or such other address as may be designated from time to time.
KDAUCTIONS notices sent to Buyer or Seller will be sent by email to the email address as provided and will be deemed received the following business day after the email was sent. Consent is hereby granted to KDAUCTIONS to communicate via e-mail to the address (es) provided and Buyer or Seller further agree to indemnify and hold harmless KDAUCTIONS for any action or loss arising from any incorrect or false e-mail address (es) provided herein. Should Buyer or Seller desire to revoke this written authorization, written notice of such revocation must be sent to KDAUCTIONS.
ENTIRE AGREEMENT – These terms and conditions constitute the entire agreement and understanding between the parties in respect to the subject matter and supersede all prior understandings, agreements, representations, and to the extent that there were prior agreements or representations, they are hereby terminated, except as provided herein.
SEVERABILITY – To the extent that any provision or term is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to be enforceable to the fullest extent allowed by law.
AMENDMENT – KDAUCTIONS reserves the right to amend these terms and conditions as it sees fit, in its sole discretion, with regard to future auctions. Any continued use of KDAUCTIONS website after the posting of these amendments will constitute your acceptance of such amendments. This agreement may not otherwise be amended except when agreed in writing by Buyer / Seller and KDAUCTIONS with original signatures.
ASSIGNMENT – No purchaser may assign, transfer or dispose of his rights in any items/lots purchased before he has paid the purchase price in full. There will be no reselling permitted from the premises.
SUCCESORS – All the terms, agreements, covenants, representations, warranties and conditions of this Agreement are binding upon, and inure to the benefit of and are enforceable by, the parties and their respective successors and permitted assigns.
WAIVER – Any failure by KDAUCTIONS to exercise or enforce any or all of the rights or provisions of this Agreement, or any delay, will not be deemed or be construed as being waived.
REGISTRATION & BIDDING ONLINE:
If you plan to bid, you must register before bidding, you must be pre-approved by
KD CAPITAL AUCTIONS, LLC
The pre-approval process is easy but necessary.
All Buyers are required to give verifiable full name, company name, address, phone, fax, email address, and bank information at time of registration.
We will verify telephone number and confirm agreement to the Terms & Conditions.
Many items are controlled by the U.S. Government and may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.
By accepting, Buyer and Seller acknowledge each and every term and condition and agree to be strictly bound by each term and condition.
DO NOT ACCEPT IF YOU DO NOT UNDERSTAND ANY OF THE TERMS CONTAINED HEREIN OR REFUSE TO BE BOUND THEREBY.