Auctioneer reserves the right to group, reduce, add to or delete lots.  In the event there is a dispute between two or more claims of entitlement as the successful bidder, ECLECTICS AUCTION HOUSE reserves the right and in it’s sole discretion, to re-auction the item in dispute or make determination as to the winning bidder.

b)    Any announcements made on the day of the auction take precedence over catalog or other previously announced or documented information, but do not alter in any way the basic terms and conditions of sale.

c)    CHECKOUT - No checkout will be permitted during the auction sale.  All purchases must be paid in full before merchandise will be released from the premises.  Checkout will begin on the day following the auction sale.  Quantities must be checked before removal of purchases.  No allowances will be made for claims or shortages once items are removed from the Auction premises.

d)    Buyer is required to maintain a 20% deposit on all items purchased at the auction.  This is a nonrefundable deposit.  Payments are accepted in the form of CASH, CASHIER'S CHECK, WIRE TRANSFER, VISA, MASTER CARD NO AMERICAN EXPRESS.NO EXCEPTIONS.

e)     A premium of 15% of the bid price will be announced at the auction and added to the price of each item purchased for those that attend the auction at the auction location

f)    A premium 18% of the bid price will be added to the price of each item purchased for bidders that attend via WebCast or online.

g)    All purchases must be paid in full before merchandise will be released from the premises.

h)    All property must be paid for and picked up in the time frames announced by Auctioneer at time of sale.  If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to ECLECTICS AUCTION HOUSE without further notice to Buyer.

i)    If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to Auctioneer, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneer may, at its option, (a) cancel the sale, retaining all payments made by Buyer, and/or (b) resell the merchandise at public auction without reserve in which event Buyer will be liable for the cost of removing and reselling the abandoned merchandise, for any deficiency between Buyer’s original purchase price and subsequent resale price, Auctioneer's commission, and all other expenses related to the disposal of the abandoned property. In addition, a defaulting Buyer will be deemed to have granted Auctioneer a security interest in the merchandise, which Auctioneer may retain as collateral security for Buyer's obligation to Auctioneer.

j)    Buyer is solely responsible to provide any personnel, equipment or material needed to pick up purchases and shall assume all responsibility for the removal of any item of property purchased at the sale and any and all risks associated with such removal including, without limitations, the responsibility for providing licensed and bonded professionals to ensure proper water, gas and/or power disconnection, and full financial responsibility for any damage or liability to persons or property resulting from any negligent act for omission of buyer or any buyer's employees, agents and/or representatives during pick-up and removal.

k)    Buyer agrees that in the event purchased merchandise contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide evidence that Buyer or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Auctioneer, its agents or representatives will not be responsible for its containment, storage or removal.

l)    Persons in attendance during inspection, sale or removal of merchandise assume exclusively all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer, and local, state and federal regulations.  Neither Auctioneer, its agents, its employees or representatives nor the owner of the premises shall be liable by reason of any defect in or about the condition of the premises on which the auction is held.  Buyer specifically releases Auctioneer, its agents and representatives and the owner of the premises from all liability thereof.

m)    In no event shall Auctioneer's liability to Buyer exceed the purchase price actually paid.  A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct; indirect, incidental or consequential damages.

n)    Buyer agrees to indemnify, defend and hold harmless Auctioneer and its agents and representatives, and the owner of the premises from any and all demands, claims, losses, damages and liabilities asserted against, resulting to or imposed upon Auctioneer or such owner resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.

o)    The bidder's paddle is nontransferable.  All bids made by the holder of the paddle will be the responsibility of the Buyer. A successful bid at auction constitutes a legally binding contract of sale.  All sales are final. No refunds, returns or exchanges.

p)  Local sales tax will apply to all purchases. Resellers must provided a VALID, LOCAL resellers certificate in order to waive sales tax. Resellers not required to hold sales permits in the state where the auction is being held must provide written certification to that effect to be exempt from sales tax. OUT-OF STATE SHIPMENTS will be exempt from sales tax only if shipped directly from the auction site and a BILL OF LADING is provided at the time of removal. All claims for sales tax exemption must be made at the time of payment. Sales tax will not be refunded once purchases have been removed from the auction site.

2. MEMBER ACCOUNT

When you complete the registration process, with ECLECTICS AUCTION HOUSE. your e-mail will be added to our e-mail notification system to provide you with notice on upcoming auctions, liquidations and other notifications account.

3. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.    The condition of the merchandise being offered varies.  The buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by ECLECTICS AUCTION HOUSE is solely for identification, and does not create any warranty, expressed or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS" "WHERE IS" and "WITH ALL FAULTS.”  ECLECTICS AUCTION HOUSE MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO (i QUALITY, QUANTITY, CONDITION, USABILITY, SALE ABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS.  MANUFACTURERS WARRANTIES MAY or MAY NOT BE IN EFFECT. ANY DISCREPANCIES WITH CATALOG DESCRIPTION MUST BE BROUGHT TO ECLECTICS AUCTION HOUSE'S ATTENTION PRIOR TO ITEMS LEAVING THE PREMISES.

b.    ECLECTICS AUCTION HOUSE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

c.    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.    ECLECTICS AUCTION HOUSE NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE ECLECTICS AUCTION HOUSE WEB SITE.