The Auction Block User Agreement

The AuctionBlock.com (“Website”) is the official public auction site of The Auction Block. Bidding on this Website constitutes acceptance by Bidder of all the Terms and Conditions of Sales as stated herein.

REGISTRATION:  Registration is required prior to bidding on any item. This auction site is only available to people who are legally able to form biding contracts as the buyer of an auction item.  People who are under the age of 18 are not eligible to use these auction services.  Registered users must give their real name, address, and contact information.  The information collected during the registration process is used to communicate with the bidder about the auctions, as well as to facilitate the payment process.  The Auction Block may follow up registration with phone confirmation of account set up.  The Auction Block respects the privacy of its users and does not share this information with any third parties, except where required by law.  At this time, registration is only open to U.S. residents.  The Auction Block reserves the right to suspend or cancel your account on this Website, for any reason whatsoever, to include fraud, disruptive behavior on the site, or any cause that The Auction Block deems to have merit.

NON-REFUNDABLE DEPOSIT:  The Auction Block reserves the right to charge your credit card 20% of your purchaser or your total purchase(s) immediately following the sale.  The balance will be due within five business days prior to removal, payable by cashier check, cash, credit card or wire transfer.  Note that the purchase price is the sum of the bid price, buyer’s premium, buyer’s fee, and sales tax, if applicable.  All payments must be made in U.S. funds.  The Auction Block reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not paid within seven days.  We do not accept partial payments; invoices must be paid in full.

MERCHANDISE DESCRIPTION:  ALL ITEMS ARE SOLD “AS IS,” WITH ALL FAULTS, AND WITH NO WARRANTY OF ANY TYPE, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY GOODS.  PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING, QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF AN ITEM.  Weight, size estimated value, origin, quality, age, condition, rarity, and importance are not guaranteed for any item.  Oral statements made by representatives of The Auction Block shall not convey a warranty of any kind, implied or expressed, with respect to any of the above-mentioned characteristics.  Estimated values may or may not be given for any particular item.  The estimated value represents The Auction Block’s opinion of the price an item might bring at auction.  The actual selling price could be significantly different from estimates.  The Auction Block will not be liable if the actual selling price is different from the estimate.  In any case, estimated values are not guaranteed. 

BIDDING PROCESS:  Registered user may place bids on any of the items up for auction on the Website.  By bidding, the user is entering into a legally binding contract, so The Auction Block encourages all bidders to examine the items.  Bids are considered final so bidders are encouraged not to bid unless certain of their ability and desire to pay for an item at said bid price.  All buyers are urged to physically inspect the item during the inspection period, and Buyer will rely entirely on their own inspection.  No bids can be withdrawn after the auction for any reason.  The Auction Block reserves the right to require deposits to secure bids.  Occasionally, items will be sold with reserves, with or without advance notice.  The Auction Block reserves the right to bid on its own behalf or for the benefit of any consignor up to the reserve amount on any item.  Bids must be made in standard bidding increments as set forth on the Website for the subject sale.  The Auction Block shall have the right in its sole and absolute discretion to adjudicate all bidding disputes and shall have the right, but not the obligation, to rescind the acceptance of any bid and re-auction the item.   All sales are final, regardless of the purchased item condition.  All items are sold “as is, where is” with NO guarantee, warranty, or possible refund written, expressed or implied.

DYNAMIC BIDDING:  The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 10 minutes of bidding activity.  EXAMPLE: An auction is scheduled to close at 8:00 pm, and an item is bid on at 7:51 pm.  When this bid is placed the ending time will automatically extent to 8:10 pm.  If another bid is placed at 8:01 pm, the auction will extend to 8:20 pm, which gives the bidder 19 minutes to place another bid.  If no bids are placed, this auction will conclude at 8:20 pm.  The key to this dynamic feature is that the auction extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.

SELLER BIDDING:  The seller or their agent reserves the right to bid on their own item in order to protect their investment.

SETTLEMENT:  The successful bidder is obligated to pay in full for the item bid upon.  Fees include the winning bid amount plus sales tax, buyer’s premium, and shipping and handling fees.  To claim exemption from sales tax, a valid resale certificate must be presented upon checkout.  If necessary, please email The Auction Block in order to request the appropriate form.  Payment of the hammer price, buyer’s premium, shipment fees and any applicable taxes must be made within seven days of the conclusion of the auction.  We welcome Visa, MasterCard, Discover, PayPal, checks and cash.  Payments are to be made securely from our Website.  If preferred, customer may contact us to make payment in person or over the phone.  Any payment not made to The Auction Block within seven business days of the auction is deemed to be late.  The Auction Block reserves the right to rescind the sale, pursue legal action against any late payer and to bar him/her from future auctions.  All return privileges are voided by late payment.  Any tax not paid by Bidder which should have been paid even if not collected by The Auction Block by mistake, error, or gross negligence, Bidder agrees to promptly pay on demand together with any interest or penalty that may be assessed.

BUYER’S PREMIUM:  A buyer’s premium will be added to all purchases.  The buyer’s premium may vary, depending on the auction.  The weekly online auctions starting on Thursdays, where the items are located at The Auction Block, will have a buyer’s premium of 6%.  Most offsite auctions will have a 13% buyer’s premium.  You are encouraged to contact us to find out the exact amount of the buyer’s premium for any auction.

SALES TAX:  All bidders will be subject to the Michigan 6% sales tax unless you provide our office with the document required for exemption (out-of-state buyers and out-of-country buyers must pay sales tax on all items including titled items), unless stated differently in the auction terms.

RIGHT TO TERMINATE PURCHASE:  The Auction Block reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal.  Withdrawal may take place at any time, including prior to, during, or after an auction.  If the item is withdrawn after payment has been received, a full refund of all monies paid will be issued to the bidder.  Buyer agrees that The Auction Block may terminate the purchase/agreement, in which case The Auction Block’s only liability shall be the return of any monies actually paid by the buyer.

TITLED ITEMS:  For Michigan residents, The Auction Block is required by the State of Michigan to broker all vehicles sold.  A $95.00 broker fee will be charged for all vehicles that are brokered.  In addition, a $15.00 fee for title transfer will be charged.  If you choose, we can apply for your plates and registration.  If you wish to have us do so, you must provide proof of insurance for the purchased vehicle before you can remove it from the auction site.  If not, you must be prepared to tow or trailer your vehicle.  The appropriate fees will be added to your invoice.  Non-Michigan residents will pay according to their state rules for titled vehicles.  Please note that buyers will need to sign the appropriate paperwork required by the state for title transfers.  It will take 4-10 business days to receive your title from the Secretary of State.

REMOVAL AND FAILURE TO REMOVE:  All purchases must be removed from the auction site within 7 days of close of auction, or within the time announced or posted.  All costs, responsibility and risk of such removal shall be borne by buyer and, in every case, buyer will use prudence and care in such removal.  If for any reason buyers bail to remove any of buyer purchases within the time specified, The Auction Block shall have the right, but not the obligation, in its sole discretion, to recall, discard or remove and store said purchases at buyer’s sole risk and expense (storage costs will be charged at $10 per item per day; other costs additional) without waiving any rights that The Auction Block or seller may have against buyer.  Storage charges will be the responsibility of the buyer (after removal period).

SHIPMENT:  Upon receipt of payment in full, The Auction Block will, if requested by Bidder, ship the item to the shipping address indicated during the registration process.  If the shipping address is different than the billing address, further documentation may be required.  Most items should be shipped within seven to ten business days of payment.  Please note that in the case of larger merchandise (i.e., furniture), shipping transit time may be longer than the usual time. 

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 the venue shall be in Wayne County, Michigan.  The Buyer expressly agrees to indemnify and hold The Auction Block 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 Block, 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 Block for damages caused by or resulting from The Auction Block’s sole negligence.

GENERAL:  Posted closing times and displays are approximate.  The Auction Block reserves the right to close early or extend auctions at any time at its discretion.

THE AUCTIONBLOCK.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, INTERRUPTION, ERROR, OMISSION, DELETION, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR UNAUTHORIZED ACCESS.

IN NO EVENT WILL THE AUCTION BLOCK BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE AUCTION BLOCK WEBSITE.  SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE AUCTION BLOCK WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER THE AUCTION BLOCK NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OR OMISSION OF THE INFORMATION CONTAINED ON THE AUCTION BLOCK WEBSITE.  NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES.

The Auction Block reserves the right to change the terms and conditions of sale with or without advanced notice.  It is the responsibility of the user to review the terms and conditions prior to using the Website.

DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS ABOVE.  BY BIDDING, YOU ARE ACKNOWLEDGING AGREEMENT WITH THE TERMS ABOVE.