Terms and Conditions
Progressive Auction Company of PA, a.k.a PAC
Online Auction Terms and Conditions
Terms: There is a Buyers Premium added to the bid amount please factor that in when bidding! Payment will be by credit card only (Visa, Master Card, American Express or Discover). The card will be processed for payment in full at the conclusion of the bidding.
1. AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner Progressive Auction Company, PAC. You must be at least 18 years old to bid, .PAC at its sole discretion, may ban from further use any Buyer or Seller which PAC believes to have in any way misrepresented itself, or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by PAC. Any seller who misrepresented their items and any Buyer who improperly fails to carry through with purchase will be banned from any further use and may be subject to additional legal actions.
2. REGISTRATION - All Bidders are required to register for a bidder's number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver's license, email address, credit card information and any other information requested for identification. By registering you are agreeing that you have read and fully understand the complete Terms and Conditions of Auction; and any additional terms and conditions announced or on the website, and agree to be bound thereby. All sales are final. No refunds, reductions, returns or exchanges! NO EXCEPTIONS.
3. ALL ITEMS SELL WITH RESERVE- All items in the online auction sell with reserve and subject to PAC/Sellers acceptance and/or rejection of the high bid.
4. BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement will all the terms and conditions included herein and elsewhere on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer. The Auctioneers reserve the right to bid on behalf of the Sellers.
5. BUYERS PREMIUM - A Buyers Premium Applies to ALL purchases. A Buyers Premium will be added to all purchases. A Buyers Premium is a predetermined percentage or flat fee added to the high bid price to achieve the contract sales price. The use of a Buyers Premium will not in any manner whatsoever constitute an agency relationship between the Auctioneer and the Buyer. The Auctioneers are agents for the Seller. PAC may change the Buyers Premium at any time. You may also call our office to find out the exact amount of the Buyers Premium for any auction.
6. POSTED CLOSING TIMES - Posted closing times and displays of the Auction Company current time are approximate. PAC reserves the right to close early or extend an auction at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid or technical difficulty. All times are based on the Eastern Standard Time Zone unless stated otherwise
7. PAYMENT - Payment will be by CREDIT CARD ONLY. The credit card used for your registration (must be your credit card) and will be charged for your purchase after the close of the auction and prior to removal date. PAC RESERVES THE RIGHT to charge your credit card is no payment is made by the stated removal date. Payment by other than credit card (wire transfer -bank fees may apply) must be coordinated with and approved by PAC prior to bidding at the online auction. All payment methods must be approved by the Auctioneers in their sole and absolute discretion prior to bidding. Buyers agree to not 'stop payment' any credit cards and/or checks. No purchases may be removed from the auction site until said purchases are paid for in full. Auctioneers reserve the right to have all payments converted to valid cash before removal of any items or lots.
8. PURCHASE PRICE CALCULATION - Note that the purchase price is the sum of the bid price, the Buyers Premium, any Buyers Fee, and the sales tax is applicable. All payments must be in US Funds. PAC reserves the right to charge the total amount or any remaining balances of your purchase price on your credit card is the balance is not otherwise paid. Invoices must be paid in full prior to pick up.
9. REMOVAL AND FAILURE TO REMOVE - All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer's sole obligation, cost and risk, and only in a manner approved by the Auctioneers. All cost, responsibility and risk of such removal shall be borne by Buyer and, in every case: Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to the Auctioneer and the Auctioneer shall retain a possessory lien on all items or lots of the Buyer. The auction deposit and any payment made by the Buyer shall be retained by the Auctioneers for application against such deficiency. The Buyer agrees that the Auctioneer and/or Seller may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and the Auctioneers shall have the right but the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyers's sole risk and expense, without any notice to Buyer and without waiving any rights that PAC or Seller may have against the Buyer. No purchases may be removed from the auction site until said purchases are paid for in full.
10. NON-DELIVERY - The Auctioneer and Seller shall in no event be liable to the Buyer for non-delivery of any items or lots for any reason whatsoever except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the fall of the hammer until the time allotted for the removal process concludes. In no event will the Auctioneer's or Seller's liability to the Bidder exceed the amount actually paid by the Buyer. In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in-full and removed in the proper time frame. The lack of delivery on any part of the Buyers purchase does not nullify the remainder of the purchase.
11. SALES TAX ( if applicable) - All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our auction office prior to the auction.
12. AS IS - WHERE IS - All items and lots are sold on an 'AS IS', "WHERE IS" and "WITH ALL FAULTS" basis "WITHOUT EXCEPTION' 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. Removal is at the Buyer's sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lost by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by the Auctioneers in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all the information on the item or lot.
13. DISPUTES - If any dispute arises as to any bidding between two or more Bidders or as to an item or lot, et cetera, the Auctioneers at their sole discretion, may immediately put the disputed lot online again for auction or declare the Buyer by decision. The actions and decisions of the Auctioneer shall be binding, final and absolute. Should a dispute arise after the auction, the Auctioneers sales/electric record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
14. CLAIMS - No claims or returns will e allowed after the items or lots have been removed from the premises. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Buyer.
15. ITEM/LOT RESPONSIBILITY - Items and lots become the complete and sole responsibility of the Buyer for the care, custody and protection immediately upon the online auction system closing the bidding or in a customary manner changes ownership. It shall be the responsibility of the Buyers to insure their purchases immediately. The Auctioneer assumes no responsibility for any missing or damaged items or lots and are specifically not acting as the Buyer's security agent.
16. FORUM SELECTION AND APPLICABLE LAW - The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in the State of Pennsylvania, the jurisdiction shall be the County of Lancaster and that Pennsylvania law shall govern, irrespective of the location, county or state where the auction was held.
17. INFORMATION - This site and the information, content, and materials on this site are provided on an 'AS IS' 'WHERE IS' and 'Where Available' basis. Auctioneer/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. The description, measurements, dimensions, value, quality, usability, function, performance, condition, salability or other particulars set out in the newspaper ads, catalogs and/or invoice are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied.
18. DISCLAIMER OF WARRANTY AND RELEASE - You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. PAC and third-party providers do not warrant that is site will be uninterrupted or error-free, nor do we make any warranty as to the result that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the Site.
19 INDEMITY CLAUSE - Buyers agree to indemnify and save harmless Auctioneers and their employees against any and all claims, injury, loss, liabilities, lawsuits, damages, demand, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale: including costs, expenses or compensation whatsoever which the Bidder now has or which may arise in the future on account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased.
20. RECORDS - The records (written, audio, digital, computer generated and etc) of the auction kept by the Auctioneers, Providers, bookkeepers and employees will be take as final in the event of any disputes or claims. If any terms and condition is considered by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
Contact: Progressive Auction Company
1543 E. Newport Road, Lititz, PA, 27543
P.O. Box 849, Brownstown, PA 17508 - 0849
717-917-4224
2016, PAC
