AUCTION TERMS & CONDITIONS
PRIOR TO BIDDING YOU MUST:
READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION.
AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
AGREE TO BE ADDED TO EMAIL LIST TO BE UPDATED ON FUTURE EVENTS - YOU CAN UNSUBSCRIBE AT ANY TIME.
FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES.
By registering and bidding on any item, the bidder/buyer shows acceptance of the following terms and conditions. Do not register or bid unless you agree to all of the terms and conditions:
FIREARM PURCHASES: Buyers must be 21 years of age and be able to pass a federal background check or furnish a valid FFL license for transfer, no exceptions. Buyers agree to comply with all local, state and federal laws pertaining to firearms. Firearms are inspected by John Peck Auctions and best efforts are made to accurately describe the condition of firearms. Firearms are NOT TEST FIRED by John Peck Auctions. It is the buyers responsibility to use their own best judgment or request information about firearm conditions PRIOR to placing bids. Prior to firing any firearm John Peck Auctions recommend buyers have firearms inspected by a competent and licensed gunsmith.
BREACH OF CONTRACT: If this Agreement, or any terms and conditions announced by John Peck Auctions, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, John Peck Auctions may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. John Peck Auctions’ commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
LIMITATION OF LIABILITY: IN NO EVENT SHALL JOHN PECK AUCTIONS BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. JOHN PECK AUCTIONS’ LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO JOHN PECK AUCTIONS, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
SEVERABILITY: If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
INTERPRETATION: Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
APPLICABLE LAW: The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Michigan, Gladwin County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Michigan. In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Gladwin County, State of Michigan, or the United States District Court, located in the State of Michigan.
REGISTRATION: All information provided by bidder/buyer during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older to bid on the majority of items. John Peck Auctions, LLC. at its sole discretion, may deny registration to any person or entity.
DISCLAIMER: All lots are sold "AS-IS, WHERE-IS", with all faults, imperfections and errors. John Peck Auctions, LLC. and the seller(s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. John Peck Auctions, LLC. encourages all bidders to inspect lots in person before bidding. John Peck Auctions, LLC. has put forth every effort in preparing the catalog for every auction to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Any bidder's failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Term and Conditions, pricing, or how to bid; IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, John Peck Auctions, LLC. RECOMMENDS YOU TO DO NOT BID.
CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the sole direction and discretion of John Peck Auctions, LLC. John Peck Auctions, LLC. reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. WE ACT ONLY AS AGENTS FOR THE SELLER. John Peck Auctions does not allow reserve prices unless noted. Sellers or their agents do have the right on their own behalf to bid & or purchase back their investment(s). All sellers are required to buy back items through John Peck Auctions as a buyer. All decisions of John Peck Auctions, LLC. are final.
MAX BID: When you place your maximum bid, the current bid price doesn't automatically jump to your max bid. Your bid will go to the next highest increment and will be increase as other people bid against you. The system will automatically bid up to your max in the increments specified. By placing any bids you have agreed by legal contract that your bid or max bid is what you are willing to pay for that specific lot(s) and may have to pay full bid or max bid amount of any bids placed. The buyer agrees and is responsible for every bid amount placed. Please keep in mind, John Peck Auctions, LLC DOES NOT force anyone to place any bid, you and you alone are responsible for your actions. Please bid accordingly. .
BUYER'S PREMIUM AND SALES TAX: Unless a specific auction states otherwise, a 13% buyer's premium will be charged on all items and lots if paying with credit card. A 10% buyer's premium will be charged on all items and lots if paying with cash or check. Every bidder/buyer pays the same buyer's premium and should bid accordingly. 6% MI Sales Tax applies to some auctions and not to others. Refer to the auction details section of the specific to determine tax requirements. For example, if you bid $100 on an item at the auction and pay with credit card you will be charged $113 for the item on your auction invoice. If you bid $100 on an item at the auction and pay with cash or check you will be charged $110 for the item on your auction invoice. If tax is collected on a specific sale it is collected on the hammer price only.
AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for 4 lots every 1 minute in catalog order with the following exception: if a bid is placed in the last three (3) minutes remaining for that auction lot, bidding for that lot will automatically extend the auction for additional three (3) minutes. Some lots may be grouped together so that a bid on one lot will extend the time on all lots in that group. An e-mail of invoice will be sent to the winning bidder/buyer of each auction after auction has completely closed.
PAYMENT: All buyers must pay for their purchases in full before or by the scheduled removal date after auction ending. : Cash, Checks, Money Orders, Cashiers Checks or Credit Card. Merchandise becomes the full responsibility of the bidder/buyer at time of payment and the bidder/buyer assumes all risk of loss and damage to property at that time.
ITEM PICK UP & REMOVAL: All successful bids must be picked up within scheduled removal dates of that specific auction unless other arrangements have been made. ABSOLUTELY No items can be removed until John Peck Auctions, LLC. has received and acknowledged payment in full. John Peck Auctions, LLC. will not hold any purchases beyond the pickup day without prior approval. After the has expired you will forfeit all items of ownership back to John Peck Auctions, LLC without refund. John Peck Auctions, LLC. reserves the right to resell any property not paid for in full by the conclusion of the stated removal period. John Peck Auctions also reserves the right to charge to the original nonpaying bidder a restocking and/or reselling fee to recoup time and expense involved to resell an unpaid item. Buyers are responsible for rigging, loading, and removal of all items purchased without assistance from John Peck Auctions, LLC. as such assistance will not be available at the pickup location. PLEASE BE AWARE AT THE COMPLETION OF EVERY AUCTION SCHEDULED PICKUP DATE IF FULL PAYMENT HAS NOT BEEN RECEIVED OR OTHER ARRANGEMENTS HAVE NOT BEEN PREVIOUSLY MADE THE BIDDING ACCOUNT WILL BE PLACED IN A DEACTIVATED STATUS AND A PERMANENT AUCTION BAN WILL BE INSTITUTED.
John Peck Auctions, LLC. Does offer shipping through UPS. John Peck Auctions contracts UPS to perform all professional packing services so items arrive undamaged. Winning bidders are responsible to pay actual shipping + packaging for any items. All shipments are automatically insured up to $100. It is rare, but in some cases it is possible for an item to become damaged in shipping through UPS. Buyer's are responsible to request and pay for added insurance if they choose. In the event an item arrives damaged the buyer should contact 989.835.6050 to file a claim. Claims are performed and handled directly with UPS and not with John Peck Auctions. Please note: if an item is valued over $100 and the buyer has not purchased added insurance UPS will only cover up to $100. John Peck Auctions WILL NOT provide a partial refund for damaged items if the buyer has made the choice to not purchase added insurance. Items we cannot and will not ship are anything considered HAZMAT, grand father clocks, titled items, machinery and large pieces of furniture. If you think an item you are interested in bidding on falls into these categories ask PRIOR to placing any bids so we can assist you. NOTE ON FIREARMS: we will also ship firearms through UPS. ALL firearms will be shipped from a FFL dealer to a FFL dealer of the buyers choosing. Winning bidders are responsible to pay actual shipping + packaging for any firearms.
SUSPENSION / PERMANENT BAN: A bidder/buyer will be suspended or permanently banned from all John Peck Auctions, LLC. for providing false or fraudulent information when registering. A bidder/buyer will be permanently banned from all John Peck Auctions, LLC. Online Auctions for failing to honor the "REMOVAL" terms made under that bidder/buyer registration.
TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, John Peck Auctions, LLC. reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor John Peck Auctions, LLC. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
BEFORE THE AUCTION: You may attend pre-sale viewing for some auctions if it is available as not all are. In some cases property to be auctioned is on view for several days prior to the sale. You are encouraged to examine lots thoroughly or contact John Peck Auctions, LLC. prior to the auction commencement.
IMPORTANT NOTE: Your bid is a legally binding contract, no exceptions. Any winning bidder agrees to indemnify and hold harmless sellers, auctioneers, auction employees, auction company owners, directors, etc. from all claims, fees, judgments, expenses, disputes, legal fees etc.
As previously stated, if you fail to pick up your items on the load out day and don't contact us John Peck Auctions, LLC a permanent ban will be placed on your account and any available legal actions will be taken to protect the interests of John Peck Auctions, LLC and the sellers it represents.
Please feel free to contact us for any additional questions as we will be happy to assist you.
John Peck Auctions, LLC.989.345.4866 or 989.426.8061 feel free to call or text.
In the event we are not able to take your call please leave a message and we will contact you in a timely manner.