Auction Terms & Conditions AUCTION TERMS & CONDITIONS
VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE.
The auction will be conducted by USA Land and Ranch, LLC d/b/a Caprock Auction Group (Auctioneer) on behalf of the owners of the property (Seller). In some cases, Auctioneer and Seller may be one and the same party. Auctioneer is not responsible for the acts or representations of Seller. The auction shall be governed by the terms set forth herein (the Agreement), and any additional terms and conditions that are posted concerning the specific property. The Agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and the Seller/Auctioneer. The term Bidder or Buyer shall include, but is not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties.
All persons attending, inspecting or removing property assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer from all liability. Auctioneer is not liable by reason of any defect in, or condition of the property or the premises on which the preview/sale is held. Auctioneer is released for any claims to actual damage to the property sold and/or consequential damages that may result from the sale of defective property.
Caprock Auction Group (Auctioneer), Sellers, and Consignors reserve the right to remove any and all items from a sale at any time.
Photos and descriptions were supplied by Caprock Auction Group and remain the property of Caprock Auction Group, with the exception of stock photography of merchandise utilized by means of either manufacturer's or original retailer's website(s).
USA Land and Ranch, LLC d/b/a Caprock Auction Group - 1840 N. Western, Amarillo, TX 79124
Unless otherwise specified, our online and live auctions will be held in the above location.
TERMS AND CONDITIONS:
Auctioneer reserves the right to periodically change the terms and conditions of the Agreement, which shall be effective immediately upon posting. It is the Bidders responsibility to review any and all changes made to these terms and conditions prior to bidding on property.
All merchandise is sold "As Is" and "Where Is" without warranties or guarantees of any kind. Buyers shall rely entirely upon their own inspection and information.
There is no warranty offered, expressed or implied, by Caprock Auction Group or Sellers for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. All information provided is believed to be correct but NO warranty as such is either expressed or implied, including but not limited to the merchantability or fitness for a particular purpose. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended. Please see PREVIEW section for additional information.
Auctions items shall be made available for preview to the public before or during the on-going auction, where applicable. Auctioneer and/or Seller reserves the right to terminate this option during any auction.
No appointment necessary during the listed time(s) per auction.
Preview contact: Caprock Auction Group, Dirk van Reenen: 806-680-1937
Bidder must be 18 years of age or older. There are no exceptions to this. Bidding by an individual under the legal age of 18 is in violation of state law and may hold legal implications for those in violation. All Bidders are required to register for the auction. During registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information.
Auctioneer uses email marketing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the offices of Caprock Auction Group and request removal from the email mailing list.
Bidder is responsible for security of his/her bidding number/username and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.
Bidder must register to participate in the auction. Read the descriptions of each lot and view photographs carefully. If you have any questions call Caprock Auction Group at 806-680-1937. If you visit the viewing location, please personally inspect the property on which you intend to bid during the date(s) indicated. Using your knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold AS-IS, WHERE-IS. These items are sold at AUCTION, all SALES ARE FINAL and property holds NO WARRANTY/GUARANTEES. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding.
A maximum bid may be placed on property. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. Upon sale of property, identifying information and purchase amount will be posted for a designated period of time. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final.
The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement.
A Buyers premium will be charged on each purchase. A buyers premium, an advertised percentage of the high bid or flat fee added to the high bid will be added to the high bid and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable Buyers premium.
The Buyers premium assessed by Caprock Auction Group is 13%, with a 3% discount off the Buyers premium to all invoices paid in cash or check during our normal removal hours only. Any inventory held after stated removal time(s) and day(s) do not qualify for this discount.
Payment must be made in full by the Buyer, within 48 hours of the completion of the auction by VISA, MasterCard, Cash, Wire Transfer (additional fees apply), Certified Check, Cashiers Check, or Personal/Company Check. If electing to pay via Personal or Company Check, a valid, government-issued identification is required to be presented at checkout. A copy will be made of this identification and retained on file until payment has successfully cleared. If the check payment is in an amount greater than $1,000 Buyer shall present an Irrevocable Bank Letter of Guarantee with payment. Upon making payment for property, no stop payment of funds will be honored. Any stop payment order of a check, or giving a check which is returned marked insufficient funds, shall be deemed by the parties to be a prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. All monies listed are in US dollars (USD) and are to be paid exclusively in USD.
Sales tax, when applicable, will be charged on both the purchase price and Buyers premium. Taxes, fees, shipping (when applicable), handling, insurance, storage and security charges are Buyers expenses, and will be calculated and rendered due at the sale of the property.
REMOVAL OF PROPERTY:
Buyer assumes full responsibility of property at the time of purchase, and all risk of loss and damage to property. Property will not be removed from sale premises until payment in full has been received. All Buyers MUST have a paid receipt from Caprock Auction Group at time of pickup/removal. Buyers making payment at the time of pickup will be issued a receipt at that time.
Any and all methods of lifting, towing, and/or hauling are the Buyers responsibility. Caprock Auction Group is not responsible for damages upon employee assistance concerning removal. Buyers should arrive prepared to load their items, including having on hand loading mechanisms and equipment, tie-downs, straps, plastic wrap, and any other item they feel is necessary for safe transportation purposes.
The final day of removal will be posted with Auction/property information. Any and all property not removed by Buyer by the final day of removal will revert back to the Auctioneer/Seller and may be resold at auction or disposed of in any other manner deemed suitable.
Seller and Auctioneer agree that property may remain on the sale premises for a period of time following the sale with explicit Auctioneer approval. Should this be the case, a specified amount of time will be determined, and a daily/weekly/monthly storage fee will be assessed at the time of purchase. During this storage, Buyer maintains all responsibility of risk and holds Auctioneer harmless should the property incur damage of any variety. This storage is taking place as an added value to the Buyer and should be understood that Buyer is solely responsible for leaving property in situ. If the agreed upon duration of time expires without Buyer returning for property or otherwise arranging for removal, the property will revert back to the Auctioneer and may be handled at their discretion.
If items are not removed by the deadline and there is a discrepancy, no refunds will be issued. If items are not removed by the deadline, Bidder's account will be suspended until removal is completed.
No appointment necessary during the listed removal time(s) and day(s). Should an agreement be made to extend the storage time, an appointment with the Auctioneer shall be made for removal. There shall be no expectation that without an appointment, an associate will be available for removal.
There will be no trading or sales between Buyers on the Caprock Auction Group premises.
Removal contact: Caprock Auction Group, Dirk van Reenen: 806-680-1937
CHOICE OF LAW:
The law of the State of Texas governs this agreement and venue is proper in Potter County, Texas.
ONLINE BIDDING INFORMATION:
If you are participating in an online auction, the following additional terms will apply to the Auction Terms & Conditions set forth above:
OBTAINING A USERNAME & PASSWORD:
Click on the BUYER LOGIN on the Home Page and then CREATE NEW ACCOUNT. Follow the instructions. It's easy and it's free to register! If in need of assistance, please contact Caprock Auction Group at 806-410-0644.
BIDDING THE ONLINE AUCTION:
Once the Bidder registration has been completed, a Bidder may place bids as soon as a lot opens for bidding. All bids are FINAL and constitute a binding contract. By placing a bid through this website, you are entering into a legally binding contract and agree to follow through with the purchase of the item should you win the auction lot. Bidder expressly agrees not to stop payment, dispute or contest this transaction.
Please be aware that lots will close at various times and possibly on different days. Lots may also be extended at the discretion of the Auctioneer. Bidders are responsible for monitoring the close times.
Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of the Auctioneer. Auctioneer is not responsible for any system malfunctions, internet connection failures, restriction of email client preventing the receipt of notification emails, including those in regard to bid confirmations and/or outbid notifications. Bidder agrees to hold Caprock Auction Group harmless for the failure to execute a bid for any reason on behalf of any participants.
All lots for the auctions must be paid for within 48 hours of the conclusion of the auction. An invoice will be sent to your registered email address within 24 hours following the conclusion of the auction. Once you have received the e-invoice, contact us immediately and let us know your payment method.
If payment is not received within 48 hours from the auction you agree that all accounts due will be charged to your credit card with a 3.5% fee added.
USA Land and Ranch, LLC d/b/a Caprock Auction Group is licensed by the TDLR. Dirk van Reenen - License # - 17558
Seller User Terms
Bidder User Terms