Please fill out a copy of the Berryhill Auctioneers Deposit Form and email or fax the form back to Berryhill Auctioneers. To accept your bids, the Auctioneers requires the Bidder to place a 20% deposit with our bank. If you plan to purchase more than $15,000, you must send a Bank Wire Transfer equal to 20% of your planned purchase total. Your deposit will be applied to your invoice, or the balance will be returned if you do not spend the entire deposit. We do not accept credit cards as payment.
1. All prospective bidders/buyers must register and receive approval to bid online by submitting a 20% deposit on bids submitted. This deposit must be received 24 hours before the start of the auction. Deposits are submitted by making a deposit at our bank, sending bank wire transfer, overnight cashier check, money order, ZELLE, VENMO, or check with bank letter. All balances must be paid the day after the auction via overnight check or bank wire transfer. If you do not spend your entire deposit, all credits will be issued within 72 hours of the auction date.
2. On day of sale, all purchases must be paid in full in United States dollar amounts, by cash, cashiers check, personal or company check, ACH or bank wire transfer. Any and all personal or company checks must be accompanied by a letter of credit from bidder's Bank for this particular sale and proof of identity. No Letters of Credit for other sales will be honored. Bidder waives his right to stop payment on any check, and directs his Bank to honor any check presented by Auctioneer; along with this contract, despite any stop payment order issued by Bidder subsequent to the date of this agreement. Bidder hereby waives any claim against the Bank for payment of such check over a stop-payment order.
3. All sales are subject to local and state Sales Tax laws. Payment of sales tax is required on all purchases unless a Certificate of Resale, bearing Bidder's Sales Tax Exempt Number is executed by qualified Dealers. All sales are "AS IS-WHERE IS," WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OPERATING CONDITION OR COMPLETENESS OF ALL PARTS.
4. All sales are final upon Auctioneer's acceptance of the last bid. Upon such sales, Bidder immediately assumes the risk of loss. No purchases may be removed from the premises until complete settlement has been made. All purchases must be removed within the time posted at the auction site and as announced by Auctioneer. Complete settlement must be made on date of Auction including payment of Buyer's Premium, which Bidder hereby agrees to pay. Buyer's receipt showing full settlement will be required in order to remove purchases from the auction site.
5. Auctioneer reserves the right to reject any bid or disqualify any Bidder due to financial or other reasons. The decision of the Auctioneer as to any dispute between one or more Bidders shall be final and binding.
6. If for any reason whatsoever, Auctioneer fails to deliver an awarded lot, Auctioneer's sole liability shall be for the return of any deposit or monies paid on such non delivered lot or for such sale, and Bidder shall have no further claim. In such event, Bidder shall immediately return the subject equipment.
7. In the event the Bidder fails to pay the purchase price or otherwise defaults on his obligations concerning removal of assets purchased, Auctioneer may treat the articles purchased as the property of the Bidder, subject to a possessory lien in favor of Auctioneer for the amount of the bid, and cost of removal and storage. Auctioneer may resell or otherwise dispose of such articles without notice to and at the Bidder's sole risk and expense, and recover from Bidder any loss and costs of resale, including reasonable attorney's fees and costs of suit.
8. Bidder agrees to defend, indemnify and hold Auctioneer harmless for any injury to the person or property of any persons whatsoever caused by Bidder, or his agents, and further agrees to defend, indemnify, and hold Auctioneer harmless for any personal injury or property damage incurred by Bidder, or his agents, on the sale premises.
9. Bidder agrees to pay for purchases on day of sale and further agrees to pay Auctioneer 1-1/2 percent per month on any unpaid balance.
10. This agreement shall be deemed made at Auctioneer's office, shall be interpreted and enforced under the laws of the State of Texas, and jurisdiction and venue of all suits and claims arising under this Agreement or resulting from the auction which is the subject of this Agreement shall be in Denton County, Texas. Owner hereby irrevocably consents to venue and jurisdiction in Denton County, Texas in connection with any such claim or suit.
11. No person shall bid on any lot (a) of which he is the Consignor or associate of the Consignor, or (b) on behalf of any other person who is the Consignor of same.
12. Purchaser acknowledges that prior to the auction all lots were available for inspection.
13. Auctioneers may, at any time at their sole discretion and without notice or liability to bidder: (a) withdraw or cancel the sale of any lot; or (b) offer any lots in groups or with privilege.
14. All necessary documents will, if available, be delivered to Purchaser against payment in full of the purchase price as set out above and will otherwise be mailed within 10 banking days of such payment.
15. This writing, and any Bill of Sale issued to Bidder at this auction, constitutes the entire agreement between Auctioneer and Bidder, and all prior and contemporaneous agreements, statutes, or representations between the parties are merged herein.
16. The Bidder.s Book is an order of sale only. The Bidder.s Book most likely contains unintentional errors in description, year of manufacture, serial numbers, specifications and data concerning lots being sold. Though best effort has been extended for accuracy, the Auctioneers make no guarantee or representation of any description, year of manufacture, serial number, specifications or data concerning lots being sold. It is the bidder's responsibility to assure themselves of description, year of manufacture, serial number, specifications or data to their own satisfaction. Bidder agrees to hold Auctioneer harmless for any error in description, year of manufacture, serial number, specifications data of any lots sold.
17. A Buyer.s Premium of TEN percent (10)% will apply to all lots sold over the Internet or FIVE percent, if you attend the auction in person.
18. All items sold AS IS, WHERE IS. All the risk is assumed by the Bidder/Buyer and that Bidder/Buyer is an expert to the item they are bidding on. Bidder/Buyer has personally inspected the item he or she is wanting to buy or has had a third independent person inspect the lot they are bidding on.
19. Bidder/Buyer understands all Bids are binding and all sales ARE FINAL and there are no refunds or credits made for any reason.
20. Bidder/Buyer agrees to remove all items from the auction at their own risk and at their own expense within 2 weeks of the auction date. No item can be removed until 100 percent of the items are Paid in Full.