Online Personal Property Max Bidding Catalog Terms:
1. Importance of Terms: Please take the time to read the following set of terms and conditions for the online auction. When you register to bid you will have to acknowledge that you have read these terms and conditions. If you intend to register the following items will pertain to you.
2. Bidding Increments:
$0-$10 = $1 Increment
$11-$50 = $5 Increment
$51-$100 = $10 Increment
$101-$500 = $25 Increment
$501-$1,000 = $50 Increment
$1,001-$5,000 = $100 Increment
$5,001-$10,000 = $250 Increment
$10,001-$20,000 = $500 Increment
$20,001-$50,000 = $1,000 Increment
$50,001-$100,000 = $2,000 Increment
$100,001-$300,000 = $4,000 Increment
$300,001-$600,000 = $6,000 Increment
$600,001-$1,000,000 = $8,000 Increment
$1,000,001 or Greater = $10,000 Increment
3. Agency:
Iron Horse Auction Company, Inc. are acting as agents of the Seller and at no time acting on behalf of the Buyer.
4. Buyer's Premium:
There will be a fifteen percent (15%) Buyer’s Premium added to final bid price to determine the final contract purchase price.
5. Auction Ending:
Iron Horse Auction Company, Inc. Online Auctions are timed events and all bidding will begin to close at a specified time. Iron Horse Auction Company, Inc. Online Auctions also have an auto-extend feature. Any bid placed in the final ten (10) minutes of an auction, the auction ending will be automatically extended ten (10) minutes from the time the bid was placed. Example: If an auction is scheduled to close at 3:00 receives a bid at 2:51, the close time will automatically extend 3:01. The auto-extend feature will continue until there is a ten (10) minute period without a bid being placed on any item in the auction.
6. Time Reduction:
In the event that the auto-extend time needs to be decreased, Iron Horse Auction Company, Inc. may decrease the extended time amount at any time during the auction until the close of bidding. Bidders will be notified prior to time reduction by a Pop-Up Message and the Instant Message Center on the bidding page.
7. Outbid Notification:
During this auction process there is a chance that you will be over bid. At that time you will receive an Outbid notification. Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding.
8. Property Information & Inspection:
Iron Horse Auction Company, Inc. is not responsible for any missing or incorrect listing information. Iron Horse Auction Company, Inc. has attempted to provide accurate descriptions. However, it is the bidder's responsibility to conduct any inspections to determine the condition and feasibility of the bidder’s intended use. Descriptions that are provided by Iron Horse Auction Company, Inc. are provided in good faith and are matters of opinion. It is automatically acknowledged by registering that you have either personally inspected the items being sold, hire an agent to inspect the items being sold or waive your right to inspect the items being sold. By placing a bid, this creates a contractual agreement to purchase the items being sold at the high bid price plus Buyers Premium and any additional fees including shipping.
9. Auctioneer's Discretion:
Iron Horse Auction Company, Inc. has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Iron Horse Auction Company, Inc. or the Seller.
10. Server & Software Technical Issues:
In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Iron Horse Auction Company, Inc., MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Iron Horse Auction Company, Inc., MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary by Iron Horse Auction Company, Inc.
11. Payment Terms:
Payment is due in full at the conclusion of the auction by cash, cashier's check, approved business check, wire transfer or credit card up to $5,000.00. Purchaser shall be responsible for all wire transfer fees. If your credit card is declined there will be additional fee of $25.00 per attempt to collect invoice balance. If you have an open invoice and have not attempted to pay your invoice within 48 hours after the auction, you the Buyer, authorize Iron Horse Auction Company, Inc. to charge your credit card for the balance of the invoice or partial charges until your invoice is paid in full. No items will be released from the auction site without a valid paid invoice. NO EXCEPTIONS
12. Property Condition:
All items in this auction are selling “AS-IS, WHERE IS” with all Faults, if any. Iron Horse Auction Company, Inc. makes no representations or warranties, expressed or implied, concerning the items being sold. Descriptions of the items are believed to be correct, but are not guaranteed. It is the Buyer’s responsibility to conduct any inspections prior to the auction. All due diligence periods end the date the auction is schedule to end. It is possible that the property being sold is subject to Local, State and Federal Regulatory Authorities and it is the Buyer’s responsibility to ascertain if they are subject to regulation and permitting. Iron Horse Auction Company, Inc. has attempted to find or locate all information deemed material facts. Ultimately, it is the Buyer’s responsibility to inspect all aspects of the items before placing a bid. No sale shall be invalidated by the Buyer as a result of the HE/SHE not conducting their own inspection prior to placing a bid. It is automatically acknowledged by placing a bid that you have either personally inspected the property, hire an agent to inspect the property or waive your right to inspect the property. The sale of an item is not negotiable if you are not the winning bidder of other items. If you bid on an item, you will pay and pickup that item.
13. Legal Interpretations:
This document shall be interpreted by the laws of the State of North Carolina and the United States Code.
14. Disputes:
Any and all disputes, claims or causes of action arising out of or relating to the sale shall be heard in the United States Bankruptcy Court for the Western District of North Carolina Charlotte Division having jurisdiction over the Infinity Rebuild, Inc. case. The bidder agrees that the Bankruptcy Court shall retain the exclusive and sole jurisdiction to resolve any controversy or claim arising out of or relating to the sale or the implementation or the breach of any contract resulting from the sale. The bidder consents to the core jurisdiction of the Bankruptcy Court, to the constitutional authority of the Bankruptcy Court to enter a final judgment and agrees to waive any right to a jury trial in connection with any disputes related to or arising out of its participation in the sale. Additionally, the Auctioneer may disregard any bid and the Trustee may set aside any sale to a bidder who is not domiciled in the United States unless such bidder irrevocably appoints an agent for service of process in the United States to the satisfaction of the Trustee. The Auctioneer must receive notice of such appointment within 24 hours after the conclusion of the bidding.
15. Auction Bidder and/or Buyer Default:
The Successful Bidder and or Buyer not attempting to settle their invoice within 48 hours of the conclusion of the auction will be considered in default and will be black flagged in our database as a Non Paying Bidder. Iron Horse Auction Company, Inc. reserves the right to sell to the next highest qualified Bidder and or Buyer in the event the successful high Bidder and or Buyer does not comply with the terms of the sale. By bidding on the items in the auction, the buyer agrees to all terms and conditions set forth. By registering and placing a bid you agree that if you happened to become a Default Bidder or Non Paying Bidder, Iron Horse Auction Company, Inc. has the right to charge your credit card for the entire balance of your invoice. If Iron Horse Auction Company, Inc. is able to sell your item to the next highest qualified Bidder at a price lower than the auction high bid price the Default Bidder agrees to allow Iron Horse Auction Company, Inc. to charge their credit card for the difference in the their high bid price and the actual selling price to the Backup Bidder.
16. Auction Cancellation – Bid Rejection:
Iron Horse Auction Company, Inc. reserves the right to reject any and all bids for any reason. Iron Horse Auction Company, Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding even if a bid has been placed.
17. Acceptance of Bid Prices:
All bids are subject to Seller Confirmation. Any and all inspections that a buyer may want must be completed at buyer’s expense prior to the end of the auction. Iron Horse Auction Company, Inc. reserves the right to sell to the next highest qualified Bidder and or Buyer if the winning Bidder and or Buyer is in default of these terms. Winning Bidder and or Buyer must execute the contract with no changes, modification, additions or deletion. In the event that you find yourself as a Bidder in default, you will be black flagged as a NON PAYING BIDDER and not allowed to participate in any further Iron Horse Auction Company, Inc. or MarkNet Alliance members’ auctions.
18. Vehicle Titles:
Bidders consent that when bidding on titled vehicles under the jurisdiction of the United States Bankruptcy Court, title processing will be delayed. By registering the bidder consents the rules pertaining to title processing times set forth by the NCDMV do not apply to this transaction and understand that the Auctioneer can only provide a title once the transaction is approved by the Trustee / United States Bankruptcy Court and the title is processed by the Creditor.
19. Possession:
Items are not release from auction sites or facilities until the Buyer has a paid invoice. The Buyer shall insure their items once they have been deemed the winning bidder.
20. Bidder Verification:
The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Iron Horse Auction Company, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Iron Horse Auction Company, Inc. reserve the right to refuse service to any person who we feel to be fraudulent.
21. Bidder Responsibilities:
Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. We gather aggregate information from the web site, which may include but is not limited to: number of page visitors, most visited pages, and any and all correspondence.
22. Guaranty Agreement:
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment in full to Iron Horse Auction Company, Inc.
23. Age Requirement:
All bidders must be eighteen (18) years of age or older.
24. Check Out:
Any items not picked up by winning bidder or their preferred shipper that they have hired and scheduled after the last scheduled day of check out will be considered forfeited and abandoned. Additional removal times may available at the discretion of the Auctioneer. No refunds or adjustments will be given unless approved by the Auctioneer. Iron Horse Auction Co., Inc. does not ship or box items.
