Terms SPECIAL TERMS & CONDITIONS FOR THIS AUCTION
General Terms These Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL of the terms of this contract.
- Truck is located in Monument, Colorado
- PREVIEW - Tuesday, January 26, 2021 (10:00 am-3:00 pm) by appointment
- CLOSING - Wednesday, January 27, 2021 (2:07pm)
- PICK-UP - Thursday, January 28, 2021 (9:30 am-4:00 pm) by appointment
- BUYER'S PREMIUM - 15% on all purchases
- PAYMENT METHODS - Credit Card up to $1,000, cash, or Wire Transfer
Schur Success Auction & Appraisal, Inc., dba/ Schur Success Group shall be known individually and collectively as “Auctioneer”, or “Auction Firm”.
All bidders must be 18 years of age or older and provide identification as verification upon request. All bidders and others participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby.
Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify the Seller and Auctioneer, their employees, agents, and assigns, from any liability and causes of action.
All property is sold “as is, where is” without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS.
Neither the Seller nor the Auctioneer makes any representations or warranties regarding the nature, value, authenticity, fitness for any purpose or usability, condition, or soundness.
As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. Are bidders must maintain the security of their bidding login and passwords, and are fully responsible for all bids made using their credentials.
The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided by the Seller. The Seller and Auctioneer reserve the right to accept or reject any or all bids. This is a Public Auction and as such, all qualified bidders may bid, including Schur Success Group owners, family members and employees. The auctioneer may bid on behalf of the Seller up to a reserve, whether or not the reserve is published or disclosed.
Title is from another state and will be signed over to the winning bidder. The Auctioneer makes no claims as to the acceptability of the title at your local DMV. If the vehicle will be registered in Colorado, a VIN verification will be required.
No persons under the age of 18 may be present in the auction yard before, during or after the auction. Please do not leave children under the age of 10 outside without adult supervision. Payment
Payment is due immediately upon the conclusion of the auction. An invoice will be emailed to each winning bidder. Payment may be made on-line. To assure prompt service, online payments are encouraged. UNLESS WE ARE NOTIFIED OTHERWISE BY THE WINNING BIDDER, THE CREDIT CARD ON FILE WILL BE AUTOMATICALLY CHARGED BY 10:00 AM THE DAY FOLLOWING THE END OF THE AUCTION.
Though payment is due immediately, transfer of ownership does not occur until invoices have been paid in full and have been properly credited to the Auctioneer’s accounts.
Payments can be made in CASH or Credit Card (with valid matching ID). * There will be a 15% Buyer's Premium ADDED to the purchase price of each vehicle.
Buyers must pay for their purchases prior to the close of the pickup period. NO CHECKS.
Failure to pay your invoice in fill upon request is a breach of contract and the vehicle(s) purchased will be immediately considered abandoned and revert to the seller for disposition.
Visa, MasterCard, Discover, and American Express will be accepted with matching photo-identification. By participating in this auction, buyers expressly agree that they will not “charge back” or “deny” a credit card purchase. The 13.5% Buyer’s Premium shall apply to all sales.
Unless you contact our office prior to 10:30am the day following the auction with an alternative form of payment, the credit card that you register in the online bidding system may be charged at that time for purchases up to $1,000.
There is a $35 service fee that will be assessed for any credit card that is declined for a purchase. Purchases larger than $1,000 are required to be paid by cash. wire transfer, or in person with a “chipped” credit card and matching ID.
Wire transfers will be accepted from US banks only and must be completed by 10:00 AM the morning following the sale. No paperwork will be provided until the payment posts to our account.
CHARGEBACK POLICY - As a condition to registration and bidding, bidders agree to the following: (i) that they will not, under any circumstances, initiate a credit card chargeback, and (ii) agree that they are waiving any chargeback rights that may exist under the agreement between the bidder and the bidder’s credit card company, and (iii) the bidders agree that, should a chargeback be initiated, the bidder terms and conditions will be conclusive evidence of the bidder’s waiver of any chargeback rights. If a bidder launches a chargeback claim, even if ruled as successful, the buyer remains liable for the purchase price (including any buyer’s premium), plus costs of collection and attorneys’ fees. This policy is an inducement to the auctioneer for the privilege of registration and bidding.
Default shall include: (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default will result in suspension from participation in all future sales. If the Buyer fails in the performance of their obligations, the Seller and/or Auctioneer may exercise such rights and may pursue such remedies as are provided by law. Disputes
Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the bidder / buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.
The bidder / buyer agrees to reimburse the Auctioneer for all expenses incurred in the collection of any unsatisfied debt in conjunction with this auction.
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 El Paso County, Colorado. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts.
Any Bidder who fails to perform as required under these terms and conditions may be banned from this or any future auctions.
By registering for any auction, the bidder agrees to be added to the Auctioneer’s email list. If you choose to unsubscribe, please follow the link at the bottom of each email to update your notifications. Pick-up & Removal
Removal of any and all items shall be at the expense, liability and risk of the purchaser. All property must be removed within the time period announced by the Auctioneer for each auction. Property not removed within the announced time period will revert to the Seller for resale or disposal, without refund or recourse to the bidder.
Property not removed shall be considered abandoned and no refunds shall be issued. The Seller, at his or her discretion, may choose to have unclaimed items removed or disposed of at the expense of the Bidder who failed to remove the item(s). You agree to pay the Auctioneer $500 for each abandoned vehicle as liquidated damages, in addition to any shortfalls that may occur when the vehicle is re-sold.
By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction.
Removal dates and times will be published within each individual auction. Appointments are REQUIRED for removal. Due to space constraints, the number of tow trucks or trailers permitted entry into the lot may be restricted. We recommend signing up for your reservation as soon as you are able.
Winning bidders are NOT PERMITTED to begin removal or in any way enter or touch any vehicles unless payment for the vehicles has been made in full.
Bidders picking up vehicles without an appointment will be required to wait until those with appointments have concluded their business.
Due to space constraints, the seller reserves the right to limit access to the yard at any given time. Though you may have a specific appointment, you may be required to wait for a period of time to ensure the safety of all present.
You are responsible for any injuries or damages to any other person or property that you cause during your efforts to remove your purchases. You expressly waive any claims of liability against the seller, the auctioneer, and their agents and employs for any injuries or damage that you receive while on the seller’s property, except for any gross negligence on the part of the seller, the auctioneer, or their agents and employs.
You are entering this yard at your own risk and peril. Please be extremely careful and aware of what is going on around you for everyone’s safety. The wearing of safety vests inside the tow yard is highly encouraged.
Vehicles purchased at this auction shall be pushed, pulled or towed from the tow yard over the gate unless the buyer has a dealer's plate attached to the vehicle. No overhauling or mechanical work is to be done in the yard.
All abandoned/confiscated vehicles are sold as "tow-aways" and without an emission test or 45- day permit. It is the responsibility of buyers in the Colorado program area to comply with the emission requirements prior to registering the vehicle. A document regarding emissions is attached to the paperwork of each abandoned/confiscated vehicle sold. Be advised that Colorado Motor Vehicle will NOT issue temporary permits for vehicles sold as "tow-aways." Online Bidding and Auctions
Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password.
Online auctions use a “Dynamic” ending process. If a bid is received in the last few minutes before the scheduled closing of an item, the timer on that item will extend, and will continue to extend each time a bid is received. Once the bidding stops, and the timer runs out, that item will be eligible to close. In some cases, items are “linked”, keeping one item open for bidding when a different item in the auction has been extended due to active bidding. The Auctioneer retains sole discretion on the timing of all auctions and closings.
It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations.
In no event shall Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about any items, ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value. It is Bidder's responsibility to determine if any item is legal where they live.
By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Inspection opportunity is limited, and Bidders who do not inspect vehicles personally agree that their inspection of catalog photographs as available on the internet are sufficient to meet their inspection needs. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives an invoice.
Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses.
Bidding increments are automatically adjusted based on the chart provided for each auction, and are subject to change at the sole discretion of Auctioneer.
Bids cannot and will not be removed or altered, unless in the sole opinion of the Auctioneer, the bidder can establish that the bid was an obvious typographical error.