General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice for any reason if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
Your Conduct.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership.
Membership to this web-site is only available to those who can form a legally binding contract. This web-site does not permit minors (under
18) to register. If any member fails to signup with their correct age the account will be terminated immediately.
General Terms.
This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
All high bids are considered legal
binding contracts and all sales are final. All items are sold "as is where
is", with NO guarantee, warranty, or possible refund written,
expressed, or implied. All non paying bidders will be forwarded to collection for the total amount of the selling price, a 6% buyers premium (waive 3% with cash, money order, certified check, wire), and any collection fee's.
The working/running condition of an item may not be
known and may not always be listed in the items description. Sometimes we do
know and list the condition of the items, but many times do not. All boats are
sold as is where is.
Please take note that all sales are final regardless of
the purchased items condition, unless the discretion of a PRO AUCTIONS Employee
deems differently.
All items sell AS IS
WHERE IS 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. All sales are made on an AS IS - WHERE IS basis with all faults. All
buyers are urged to physically inspect the item during the inspection period.
No bids can be withdrawn after the auction for any reason. BUYER agrees that
these terms as well as all other terms set forth below, can be amended or
revised only in writing, signed by the auctioneer. BUYER also agrees that any
oral representation made by the auctioneer shall not modify these "AS IS -
WHERE IS" terms. BUYER understands that any description given in the
catalog or written on the equipment is not guaranteed, and BUYER will rely
entirely on their own inspection. All information and descriptions contained in
advertising this sale are believed correct, but no responsibility is assumed by
Auction Co. for any errors or omissions.
These terms and conditions contain the entire agreement of the parties. These terms and conditions may only be amended by a written agreement signed by an authorized representative of Pro Auctions L.L.C. There are no oral or written promises made to induce participation in this website other than those stated herein. Shiawassee county jurisdiction of any claims arising for this agreement shall be Shiawassee county Michigan
CONSIGNMENT ITEMS
ITEMS MUST BE AT PRO
AUCTIONS BY NO LATER THAN 7 DAYS PRIOR TO AUCTION DATE. ALL ITEMS NOT PICKED UP WITHIN 30 DAYS ARE CONSIDERED ABANDONED AND WILL BE RESOLD WITH NO REFUND GIVEN.
CONSIGNMENT ITEMS ARE
CHARGED 15% OF THE SELLING PRICE UNDER $1500.00, ITEMS WILL BE CHARGED 9% OF THE SELLING PRICE OVER $1500.00, WITH A $20 MINIMUM CHARGE.
A CLEAR AND MARKETABLE TITLE MUST BE PROVIDED
FOR ANY ITEM THAT REQUIRES A TITLE OF OWNERSHIP.
PREVIEW PROCESS
If members desire to preview and/or inspect item(s) before placing bids, a simple appointment by telephone must be scheduled so that an auction associate can assist in any questions and escort the interested party to the item.
Auction Co.'s Right to
Terminate Purchase.
If for any reason Auction Co. is unable to complete the sale of
any purchase to buyer or provide such purchase free and clear of liens, even if
the buyer was given notice that he is the high bidder and purchaser, Buyer
agrees that the Auction Co. may terminate the purchase/agreement, in which case
Auction Co.'s only liability shall be the return of any monies actually paid by
buyer.
Consent to Suit in Michigan. In the event of legal
proceedings arising from this contract or from the auction in connection
therewith, buyer consents to being subject to the personal jurisdiction of the
courts of the State of Michigan. Buyer also agrees that
venue shall be in THE STATE OF MICHIGAN.
The BUYER expressly
agrees to indemnify and save the Auction Co. harmless from and against all
claims, losses, expenses, damage or liability, (including, but not limited to,
attorney's fees), directly or indirectly caused by or resulting from an act,
including the negligent acts or omissions of the Auction Co., or anyone acting
in his/her behalf in connection with or arising out of auction, except that the
BUYER shall not be responsible to the Auction Co. for damages caused by or
resulting from the Auction Co.'s sole negligence.
Do not bid unless you
agree to all of the terms above. By bidding you are acknowledging agreement
with the terms above.
Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of THE STATE OF MICHIGAN.