Auction Terms & Conditions Terms & Conditions of the Auction - Please read carefully and completely as not all auctions are the same. Your acceptance of a bid card, registration, or bidding on a lot at our auctions constitutes your acceptance and agreement to the following terms and conditions.
1. WARRANTIES & DISCLAIMERS: All items sold to the highest bidder, no refund, returns, or exchanges and with all faults. THE AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on inspection of all items before the sale and should satisfy themselves regarding each item’s usefulness, value, and condition. We have inspection previews in person for each auction, whether held live in our facility or online. The Seller, Auctioneer, and Buyer agree that the Buyer is responsible for and agrees to indemnify Seller, Auctioneer, or their respective affiliates for any damages, losses, expenses, attorney fees, court costs, etc. because of the removal, possession, or use of any items purchased at auction. So it includes any other claim regarding the use or possession of any asset purchased at this auction. Lot information is determined by research and what we can see during the inspection of the item(s) offered for sale. We do not accept bid retractions. So pay attention while you are submitting your bid, in person, or online. Your bid is a binding contract. When the Auctioneer or software states, sold to the winning bidder, it is no longer available. The liability of the item(s), including responsibility for payment, loss, or damage, rests solely with the bidder. Asset Marketing Pros, LLC will not be held responsible for the internet, computer software, or other human entry errors.
2. TERMS: Bidding on any lot regardless of how the bid is presented by the bidder, in person, by absentee, by agent, online, or by phone indicates the buyer's agreement to be bound by these terms and conditions. No bids may be canceled or retracted. All bids received are final. The auctioneer will not be held responsible for any failure to execute a bid for any reason. By agreeing to accept these terms and conditions, the buyer agrees to hold harmless the Auctioneer or associates for any internet or electronic failures.
3. REGISTRATION/ BIDDER REQUIREMENTS: Bidders will register for an auction in person with a valid government identification card with a photo. Online bidders register for an auction with a valid credit card. The credit card will be verified to prevent credit card theft. Bidders will complete registration information in person or online and agree to the sale’s terms and conditions before placing a bid. Any questions, ask before bidding, please.
4. BUYERS PREMIUM OF 13% with a 3% discount for cash for invoices paid within two days of auction closing. Buyers will be invoiced for the lot’s final bid price, plus 13%, plus applicable Texas Sales & Use Tax of 8.25%. Checks do not receive the 3% discount as they are not cash.
5. SALES TAX: We will add Texas Sales and Use Tax of 8.25% to all invoices unless a completed Resale or Exemption Form is on file in our office before purchase. Email completed forms to email@example.com
6. INVOICE PAYMENT REQUIREMENTS & TYPES ACCEPTED: Invoices over $1000.00 will require a Bank Wire Transfer OR payment received in person with valid photo identification. ONLINE payments only accept the credit card entered on the registration. The payment method online is restricted to the card you register for the auction. You can not change the card information after the auction registration, so be sure to use the card you intend for us to charge. We do not hand key in credit card information over the phone to protect you from credit card fraud. ONLY list the card to be charged when registering for our auction - Do not register with a card you do not wish to use for purchases. IN PERSON we accept personal checks with proper identification and cash payments. Payments made in cash within two days of the auction receive a 3% discount. All nonpaid invoices will have the bidder banned from future auctions.
IMPORTANT information for the ONLINE bidder: Invoices over $1000.00 will require a Bank Wire Transfer OR payment received in person with valid photo identification. Please note you select a credit card to pay for your auction wins when you register for the auction. So you can not change the Credit Card after registration. Be careful when selecting your payment option during the registration process. The online software will not send other card options to the auctioneer after you register for the auction. No credit cards are keyed into our system by phone.
7. SHIPPING / PACKING OR LOADING: Buyers are responsible for all shipping and handling costs, insurance purchases, and packing or loading of their items. It is the responsibility of the buyer to remove purchased property from the auction facility. It is standard practice to combine items won from the same auction into one box for shipping if feasible. Shipping items via USPS upon request for your use though we will not be held liable for any loss or damage to the property. For shipping and handling options and fees, refer to the Shipping / Pick Up information located on each auction lot. Shipping available to the USA only at this time.
8. REMOVAL / STORAGE OF PROPERTY: The buyer assumes all responsibility for the removal of purchased items. Auctioneer does not offer these services. If the buyer fails to pick up or remove property within 60 days, the items become the property of Asset Marketing Pros, LLC and the buyer forfeits the monies paid.
9. FIREARMS: Federal Licensed Firearms Facility, all documents, and background checks will affect this and all auctions of firearms. It is necessary to provide your identification (establish identity, place of residence, physical address, and age of the buyer.) to complete the ATF Form 4473. Examples of acceptable identification are as follows: Texas Drivers License, Texas License to Carry Handgun, Texas State Identification Card, Military ID. Texas License to Carry Handgun holders are exempt from the background check though required to complete Form 4473 and have LTC & Driver's License in hand. The buyer agrees to have any used firearm checked by a certified gunsmith before firing. The buyer assumes all legality, liability, and responsibility for the condition, use & security/storage of the firearm purchased. The buyer certifies by purchasing a gun that they are legally qualified to buy and own the firearm. There are no state or local laws preventing ownership, and the owner will utilize a trigger lock to prevent accidents. The buyer understands that all guns are potentially dangerous if mishandled. We have no established testing facility and assume no liability for the safe functioning of any firearm sold. The buyer must be at least 18 years old to purchase a long gun and 21 years of age to purchase a handgun. Please check with your FFL / gun transfer dealer on age and other gun ownership requirements in your state. Upon purchase, the buyer assumes all liability and responsibility, including but not limited to the usage and safe storage of the purchased firearm.
The Texas Department of Licensing and Regulation (TDLR) controls the licensing of Auctioneers in this state. If you have any compliments or complaints, contact our office at 936-594-0812. IF you have an unresolved issue, contact the TDLR in writing by mail to PO Box 12157 Austin, Texas, at 1-800-803-9202.
We sincerely appreciate your business!
Asset Marketing Pros, LLC
115 N Robb St
Trinity, Texas 75862
Auctioneers: David F Drake CAI, CES, GPPA TCAP TAL#16244 & Liz Drake CAI, ATS, GPPA TCAP TAL#16596
Proud members of the Texas Auctioneers Association & the National Auctioneers Association
Certified Auctioneer Institute (CAI)
Texas Certified Auction Professionals (TCAP)
Certified Estate Specialist (CES)
Graduate Personal Property Appraiser (GPPA)
Auction Technology Specialist (ATS)
Seller User Terms
Bidder User Terms