Any and all disputes, whether by arbitration or otherwise, shall be venued, heard, and decided in Carroll County, Ohio.
GARNER AUCTIONEERS, L.L.C., Larry W. Garner auctioneer/broker
Purchaser(s) state that he/she/they have inspected all purchases prior to purchasing and they are relying solely on their examination as to the condition, age and useability.
Purchaser(s) agree that Garner Auctioneers, L.L.C. or their auctioneers are acting as agents of the owners and purchasers shall hold above auctioneers harmless to all claims.
As to worth, use, age, condition or value, all items are sold “AS IS”, “WHERE IS” with no warranties or guarantees of any type unless the seller makes specific guarantees directly to the buyer in writing. In no event shall Garner Auctioneers, L.L.C. or the auctioneer be responsible for any such guarantees or warranties or for the genuineness of any description of the item(s) purchased.
Although statements printed in the program and those made by the auctioneer have come from what is thought to be reliable sources, the purchaser must understand he is buying property entirely upon his own examination and opinion.
All bidders at this auction must register for a buyer’s number prior to bidding and have the number in their possession when bidding.
All payments must be made with good funds, which are defined as cash, cashier’s checks, traveler’s checks or personal/company checks backed by IRREVOCABLE Bank Letter of Guarantee stating the amount to be covered by the check. Drafts are not acceptable. In the event that we need to prosecute in any situation or manner, we will prosecute in the county the check was accepted, and NOT by the buyer’s county of residence.
No property may be removed from the premises before making settlement in full by approved funds.
If the foregoing conditions or any other applicable conditions are not complied with by the purchaser, in addition to other remedies available to Garner Auctioneers, L.L.C. and/or the consignor by law (including the right to hold purchases liable for the bid price) Garner Auctioneers, L.L.C. and/or the consignor at its option may do either of the following: (1) cancel the sale and retain as liquidated damages all payments made by purchaser, or (2) resell the property at the same auction or within 5 days notice to the purchaser at a private or public sale for the account and risk of purchaser, and in any such event the purchaser shall be liable for any deficiency plus all costs for such reselling including storage, cost of both first and second sales, commission and any attorney or court costs incurred.
All articles, items or vehicles will be subject to state and city sales tax where applicable. This tax must be paid at the time of settlement. Items purchased by a tax exempt dealer for resale may be exempt from sales tax under state law providing the buyer furnish Garner Auctioneers, L.L.C .with a valid resale tax permit number for their issuing state, accompanied by a properly completed state exemption form.
Any announcement regarding the condition of vehicle or other items being auctioned made at sale supersedes descriptions made in the program.
All bidders must meet Garner Auctioneers, L.L.C. credit requirements, which may include advance deposit before bidding. Garner Auctioneers, L.L.C. reserves the right to refuse to register or to accept a bid from any person, corporation, partnership, joint venture or other legal entity which, for any reason does not meet the sale terms.
Subject to satisfactory payment by purchaser, at the fall of the auctioneer’s hammer, ownership of item, article or vehicle passes to bidder designated by auctioneer saying “sold” or otherwise declaring completion of sale. Thereupon the new owner assumes full responsibility for property purchased and agrees to the terms of the sale.
All sales will be conducted according to applicable state laws. Unless the sale of an item is advertised or announced otherwise, each lot is offered subject to the reserve price of the seller.
For each item auctioned with reserve, it’s owner, the auction company, or a third party, may bid on the owner’s behalf up to the reserve amount on a disclosed or undisclosed basis.
No vehicle title is released without good funds in the sellers or Garner’s account. This means, bank wire transfer (with prior approval), traveler’s check, cash or cashier’s check on a U.S. Bank. An irrevocable Bank Letter of Guarantee will be required if personal or company checks will be issued for payment. Please read the bidder application form, consignment and selling agreement & purchase invoice/bill of sale for further terms. Additional terms may be posted or announced at time of sale, and are part of these terms by reference including bidder registration.
Cash transactions over $10,000 will be reported to the Internal Revenue Service subject to Federal Law.
Call Garner before making a special effort to attend a Garner auction to acquire a specific item to be sure the consigned item is there.