Conditions of Sale

Conditions of Sale


2017 (v.08.01)

GENERAL:  The auction firm is acting solely as the agent for the seller and is not responsible for any acts or omissions of its principals.  By registering to bid or placing a bid, all bidders agree they have read and fully understand the terms and conditions herein and agree to be bound by them. Announcements made day of sale take precedence over any published announcements.  Internet bidders agree that bids placed on the internet auction site shall have the same legal effect as if they were in attendance at the auction in person. PLEASE ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS.

1. PREVIEW AND INSPECTION:  Unless otherwise noted, property is open to thorough public inspection during normal business hours.  Persons attending the sale during any preview period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and specifically release the auctioneer and the auction firm from liability thereof.  Neither the auction firm nor its principals shall be liable for any reason of any defect in or condition of premises on which the auction is held.

2. PROPERTY CONDITION:  All property is sold “AS IS, WHERE IS” without any warranty or guarantee of any kind, expressed or implied.  ALL SALES ARE FINAL.  THERE ARE NO REFUNDS, EXCHANGES, or REFUSALS.  By being the highest bidder on an item, you are the buyer and are bound by the terms and conditions of this sale.

3. PROPERTY DESCRIPTION; ERROR; REMEDY:  345 Auction makes every attempt to carefully describe the merchandise in advertising, on the internet, and at the auction, but makes no representation as to accuracy.  It is the Bidder’s responsibility to determine condition, age, authenticity, value or any other determinative factor.  Internet Bidders who bid from off site and do not attend any preview inspection understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person.  In no event shall 345 Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose.  345 Auction does not guarantee any appraisal, grading or certification.  If you have questions or need more information about any item offered for auction, PLEASE ASK BEFORE BIDDING.  You, the Bidder, shall be the sole judge of value.  As the Bidder, it is your sole responsibility to determine if any item is legal where you live or where the item will be used.  By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses not to examine them at his or her sole risk.  345 Auction will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself.  Bidder agrees that he or she may not return any item they purchase for any reason except an intentional and material misrepresentation of the item itself made by 345 Auction.  Bidder’s sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them.  If 345 Auction agrees that the item was materially and intentionally misrepresented, 345 Auction will refund an amount up to the Bidder’s purchase price to him/her.  Bidder furthermore agrees that 345 Auction’s liability to any Bidder shall never be for an amount greater than the purchase price of the item they purchased.  BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR.  MAKE CERTAIN YOU KNOW WHAT YOU ARE BIDDING ON BEFORE YOU BID.  If an item(s) is damaged during shipment and buyer purchased insurance for the item damaged, within 48 hours of receipt of the item, buyer is responsible for notifying 345 Auction of the damage by texting or emailing a description and photo of said damage to 719-252-2262 or  Buyer must preserve all pieces of the item and any packaging it was received in.  Failure to do any of these things may void an insurance claim.  Buyer acknowledges insurance claims and payments may take up to 30 days to be resolved.

4. PAYMENT INFORMATION:  345 Auction accepts CASH OR CREDIT CARD ONLY.  Acceptable credit cards are Visa, MasterCard, Discover and American Express.  Checks may be accepted with prior authorization.  345 Auction reserves the right to charge the Bidder’s credit card the full amount of any or all of Bidder’s pre- or live bids at any time. When the bidding for an item closes, Bidder assumes full responsibility for the merchandise. FOR INTERNET ONLY AUCTIONS, EVERYTHING MUST BE PAID FOR WITHIN 24 HOURS OF AUCTION CLOSE OR AS SPECIFIED IN THE AUCTION DESCRIPTION. All internet Bidders agree to pay a buyer’s premium equal to Sixteen and One Half Percent (16.5%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer’s premium will be $16.50 for a total purchase price of $116.50. Under state law, applicable sales tax will be collected on the entire amount. There is a 3.5% discount for cash payments on the first scheduled pick-up day and times only. No discount is offered at any other time.  The bidder/buyer agrees to reimburse the auctioneer for all expenses incurred in the collection of any bad debt in conjunction with this auction.  We may choose to charge an additional $25 fee to any buyer whose credit card is declined for any reason.

5. INTERNET SERVICE PROVIDER & SOFTWARE:  345 Auction is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly during the auction period. Under no circumstances shall Bidder have a claim of any kind against 345 Auction or anyone else if the internet service fails to work correctly before or during the auction event. 345 Auction will not be responsible for any missed bids from any source. 345 Auction reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, 345 Auction reserves the right to extend the closing times, stop, re-start or cancel this auction at its sole discretion. Although an item may display as “sold” on the internet, no sales are final until they are certified by 345 Auction and Bidder receives an invoice. The sale price recorded by the auction software provider shall be the official sale price of the item sold.  345 Auction reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.

6. BID INCREMENTS; SELLER RESERVES; ELIGIBLE BIDDERS:  The bids are advanced at pre-set increments which are viewable on the Auction Details page under the Bid Increments tab. From time to time 345 Auction may accept items with secret reserve amounts. The seller and 345 Auction reserve the right to bid on behalf of the seller on items which there may be a reserve. This is a public auction and as such, all qualified bidders may bid including 345 Auction owners, family members and employees. 345 Auction may reject or cancel any bid for any reason. The record of the auction made by 345 Auction shall be conclusive.

7. PLACING A BID; SOFT CLOSE:  Bidders who choose to place bids on items may do so at any time after the auction officially opens and before the item closes.  Bidders may choose to bid the next increment amount on any item or may wish to bid up to a maximum amount of their choosing.  Bidding more than the next bid increment means you will bid in published increments up to and including your maximum amount but no higher, unless overridden by you.  Your maximum bid amount will not become the high bid unless another bidder has previously placed a higher maximum amount for the same item.  For example, suppose you wish to bid on an item XYZ Widget.  The current bid for XYZ Widget is $4.  You can either bid $6 (the next increment) or if you believe the item is worth $10, you can place a maximum bid you will pay at $10.  The auction website will bid the next increment of $6 for you and if that is the only other bid on this item, the bid will remain there until it closes and you win the item.  Another bidder may choose to bid $8 at which time the website will automatically place your bid of $10 (your maximum) and you are still the high bidder.  If another bidder places a $12 bid on the item, unless you override your maximum bid amount, you will have been outbid and potentially will not win the item.  When the bid was at $4 and you placed a maximum of $10 on the item, the high bid was not automatically raised to your maximum.  Only bids from other interested buyers raised the bid to your max or beyond.  You may at any time raise your maximum bid, however.  This auction utilizes a “soft close” to end each item in the sale.  A soft close means as items are closing, if there is a bid on the specific item or group of items within a certain time frame of the items scheduled close, then the item’s closing time is extended a specified amount of time.  This is done to prevent sniping of items at the end of an auction making it fair for everyone to bid.  The soft close time is generally three minutes but can vary depending on the auction needs.

8. PROPERTY PICK-UP AND REMOVAL:  (For auctions with a pick-up address of 420 S. McCulloch Blvd., Suite G, Pueblo West, CO  81007):  All property shall be removed from the premises by the Bidder at his/her own risk and expense during posted business hours within seven (7) days of auction close.  (For auctions with a pick-up address other than above):  All property shall be removed from the premises by the Bidder at his/her own risk and expense within the time period announced.  UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH 345 Auction OR THE ITEM IS BEING SHIPPED.  PROPERTY NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $10 PER LOT, PER DAY ADDED AND AFTER SEVEN DAYS, THE ITEMS MAY BE CONSIDERED ABANDONED AND FORFEITED WITH NO REFUNDS.  Abandoned property will revert to the seller for disposal and Bidder shall have no claim to merchandise not removed after seven days.

9. SHIPPING:  345 Auction will ship your purchases through our professional in-house shipping service (terms, restrictions and conditions apply).  If an item you purchase can be shipped via USPS, UPS, or FedEx package, we will prepare, package and ship the item to you as you request.  We will bill your credit card separately for the actual cost of the shipping plus a handling fee of $7.50 (seven dollars and 50/100ths) per package.  If you purchase more than one item and they will all fit in one package, there will be only one handling charge.  If there is more than one package, each package will be billed separately.  If the items are unable to utilize these shipping services, it is the responsibility of the Bidder to arrange and pay for shipping to the buyer’s destination.  Please arrange for shipping your item(s) within the specified removal time frame and contact 345 Auction to give information regarding your shipper’s pick-up schedule.  Bidder hereby grants any shipper of 345 Auction’s choosing the right to charge their credit card the entire amount of packing, shipping and handling costs. In the event Bidder does not pay for shipping, Bidder shall have no claim against 345 Auction and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Our priority is to deliver your new purchase in excellent condition. Bidder agrees that any merchandise not removed by bidder within seven days of the auction will be forfeited with no refunds.

10. GOVERNING LAW; JURISDICTION:  Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Pueblo County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between 345 Auction and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Pueblo County, Colorado with an arbitrator appointed by the President of the Colorado Auctioneers Association.

11. SEVERABILITY:  If any provision of this Agreement shall be or shall become illegal, invalid, or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall not be affected thereby but shall be deemed valid, binding and enforceable to the greatest extent permitted by law.

12. BIDDER IDENTIFICATION:  345 Auction may refuse a buyer’s number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification 345 Auction may request including but not limited to: driver’s license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.