Buyer's Terms and Conditions
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Thank you for visiting Any And All Auctions. By using this site you agree to all the terms and conditions that are presented herein. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE. Any And All Auctions reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines at any time and in its sole discretion. Any changes will be effective upon posting. You are responsible for reviewing these pages for any changes. Changes may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1) All Sales Are Final. Lots and merchandise packaged together in lots are one-of-a-kind items and are not returnable. There are no refunds, exchanges or cancellations. All item descriptions and photos are thought to be accurate, but not guaranteed. All items are sold on a strictly "As-Is / Where-Is" basis. In no event does Any And All Auctions assume any liability for the descriptions, pictures, or lack of pictures or descriptions or the errors in the description of any lot or item.
2) Eligibility. Use of this site and services is limited to persons who lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not bid or use the services of Any And All Auctions. Every person who uses this site and the services provided herein represents that he or she enters into and agrees to this binding contract. To register and bid on this site you must provide your real name, address, phone number and email address, along with other information that may be required from time to time.
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3) Any And All Auctions is not an Auctioneer. Although Any And All Auctions is commonly referred to as an online auction web site, it is important to realize that we are not a traditional "Auctioneer". Instead, the Site acts as a venue to allow persons to sell and buy certain products anytime, from anywhere, in an "auction-style" format commonly referred to as "online auctions" or "auctions."
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4) How To Bid: Bidders Must Register To Bid. Go to the "Bidder Registration" tab and fill in your name, address, phone number and email address. You will be sent an automatic email to verify your email address. When you respond to that email you will be verified and ready to bid! The program needs the shipping address as the application of sales tax is based on the shipping address. Any And All Auctions does not ship winning lots without PRIOR arrangement. Lots must be picked up at the pickup site, and the exact address of the pickup will be given to the winning bidders at the close of the auction. By state law, there is a 7.75% state sales tax in California plus the 11% bidder's premium added to the winning bid which makes up the total amount due (see #6 below).
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5) End of Auction - Extended Times. At the time posted the auction is scheduled to close. The time will be extended for an additional five minutes if there is bidding in the last minutes of the auction. Additional five minute increments will continue to extend the auction until there is no more bidding for the last five minute extension. This is on a lot-by-lot basis. At that time the auction will be completely closed and the winning bidders will be notified of their lots won and the final invoice for their winning lots, including the buyer's premium and sales tax where applicable. You may pay at that time with PayPal, which accepts Master Card, VISA, Discover or your own PayPal account. Established bidders may pay by cash or check at pickup, but until you have a proven relationship with Any And All Auctions we require a credit card or cash. Bidders who fail to show up and pick up their items will be charged a minimum automatic $10 handling/move fee and Any And All Auctions has the right to continue to charge handling and storage charges to the bidder until the lot(s) are picked up. Any items NOT picked up within 1 week of auction end, is subject to forfeiture of said lot(s) and any monies paid. The bidder may also be banned from any further participation with Any And All Auctions.
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6) Standard Buyer's Premium. An 11% buyer's premium is added to each lot sold, with a minimum premium of one dollar ($1.00). Premium is added to the winning bid price. Final sales invoice will include the bid price plus the buyer's premium and sales tax. California sales tax rates vary by region. Minimum California tax is currently 7.75%. Buyers with resale permits or tax-exempt status must submit documentation by the close of the auction. Purchase of a vehicles does not include sales tax, license or registration. Those fees will be the responsibility of the buyer.
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7) Maximum Bidding Option. You can set your maximum bid amount on any lot on which you are bidding and the bid will be placed on your behalf by the auction program. The maximum amount you set will only be applied as necessary. If someone else should place a bid on the lot after your bid is placed, the system will automatically go to the next increment level, leaving you as the high bidder, until your maximum is reached. You can choose to increase your maximum bid at any time during the bidding process. If you have been immediately outbid (because someone else has placed a bid that is higher than your bid), you will be brought back to the lot page and it will say that you have been outbid. You can then bid again at the bottom of the page.
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8) Bid Increments.
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The following is the bid increment schedule:
| Items Less Than |
$ 10.00 |
bids go up in |
$1.00 |
increments |
| Items from |
$ 10.01- $100.00 |
bids go up in |
$2.00 |
increments |
| Items from |
$100.01 - $500.00 |
bids go up in |
$5.00 |
increments |
| Items from |
$500.01 to $1,000.00 |
bids go up in |
$10.00 |
increments |
| Items from |
$1,000.01 to $5,000.00 |
bids go up in |
$25.00 |
increments |
| Items above |
$5,000.01 |
bids go up in |
$50.00 |
increments |
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9) Reservation of Rights. Any And All Auctions reserves and retains the right, but does not have the obligation, to immediately halt any auction, to prevent or restrict access to the Site or the Services or take any other action without notice as it sees fit for any reason. Any And All Auctions reserves the right to bid on any lot or item. Any And All Auctions may also restrict or remove any registered bidder if it determines that such bidder has misrepresented any information in registration, posted any inappropriate material, failed to complete a purchase where the bidder was the high bidder on any lot sale, or in any way misrepresent or fail to honor any guideline, condition or terms of purchase on this Site. A "Bid" on any auction item or lot is a legal offer to buy the product, item or lot. All bids are binding and cannot be removed. The winning bidder is obligated to complete the purchase transaction. Failure to do so may be legally actionable.
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10) General Release. Because Any And All Auctions is not the seller in transactions between buyers and sellers, if a dispute arises between one or more participants, each of you release Any And All Auctions (and its affiliates, agents, employees or principals) from claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California civil code S1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statues or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver this agreement would not have been entered into by Any And All Auctions.
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11) Limitation of Liability. Any And All Auctions will not be liable for any damages of any kind including without limitation direct, indirect, incidental, special, punitive and consequential damages, arising out of or in connection with this agreement, the Site, the Services, the inability to use the services or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Services whether such damages arise under theory of contract, tort (including negligence), strict liability or otherwise.