TERMS AND CONDITIONS
Thank you for registering for The Swicegood Group Auctions
Item(s) located at 204 Airport Rd, Kinston NC, 28504
18% Buyer's Premium will be applied to the high bid to determine final sales price.
Some of the items in this auction may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. Important Note: Most of the medical equipment pieces need regular preventative maintenance and recertification before use.
Your registered credit card will be AUTOMATICALLY CHARGED immediately after the auction close. Contact us before this time to make other arrangements or change your invoice for Bank Wire or Cash Payment. If you need additional images or information please contact us at 336-751-4444. We accept Visa, Master Card, or Discover. THERE WILL BE A $25.00 CHARGE ON ALL DECLINED CREDIT CARDS. Payment in full is due no later than 24 hours after the close of the Auction. Winning bidders with invoices that exceed total sales of $2,500 USD will be required to wire transfer the funds. Immediately upon the end of the auction your credit card will be charged for $2500. We will credit back this same amount to you upon our receipt of your wire transfer for the full invoice amount. If you do not send the wire for the full invoice balance within 24 hours the close of the auction, the $2500 charged to your card will be retained as liquidated damages. This does not preclude any further legal action.
The Swicegood Group, Inc., sells to international online buyers via our online auctions. It is our policy to require a $1,000.00 deposit in order to bid from another country. This is immediately refundable if you do not purchase any items and will be applied towards your balance if you are a winning bidder.
Currency Type: USD (US Dollars)
Buyer to pay for all applicable transfer taxes. Registration requires a valid credit card to confirm your identity. A confirmation that you have at least $100 will be required, this is called a “ping” on your account. Some banks will hold this “ping” for 24-48 hours but it does NOT come to our account as WE DO NOT charge for registration. Your card will only be charged if you are a winning bidder on any item(s).
All shipping arrangements are the sole responsibility of the Buyer. Please research your shipping &and or rigging options before bidding on the items. Also, please be aware of the scheduled pick up dates/times and plan accordingly.
The auction company is not responsible for lifting, loading, packing or shipping. Please make sure you bring enough people/contractors to help you package and or load your items. Any items left after the day designated, as “checkout” will be considered abandoned and all rights will be forfeited. You credit card on file may be charged up to $200 clean up fee, in the event you do not retrieve and move all lots purchased.
Staggered End Time: Multiple lots will close each minute so the auction ending is staggered to allow for this to occur. The items will close in the order listed on the website.
Soft Close Ending: This Auction will feature automatic bid extension, which will grant a 3 minute extension to the end of the auction of any item receiving a bid during the last 3 minutes. The item will close when 3 minutes have elapsed without any new bidding activity. All internet bids are treated as if they were given at a live auction. All Bidders will be held accountable for their internet bids. Your internet bids are a contract and you are responsible for honoring them.
All items in this auction are sold on an "AS IS" basis with no warranties or representations whatsoever, either expressed or implied. Neither The Swicegood Group nor the Sellers make any warranties or representations of any kind with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog, during inspection, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility.
It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased.
THE WINNING BID in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Conditions: All information contained herein is deemed to be from reliable sources. However, neither the Auctioneer nor the Seller guarantees this information to be correct. We reserve the right to add or delete. Please inspect the property and bid accordingly. By bidding, you, the Bidder/Buyer, certify that you have either closely examined the item(s), have chosen to not examine the item(s), or have hired an independent agent to examine the item(s)for you. The Auctioneer represents the Seller in this transaction. All announcements made online or via any communication medium shall take precedence over all other information.
Purchases become the responsibility of, and shall be, and remain at the risk of the purchaser immediately upon acceptance of his/her bid. It shall be the responsibility of the purchaser to insure his/her purchases immediately if applicable.
No sale shall be invalidated by reason of any defect or inaccuracy in any of the lots by reason of their being incorrectly described in the listing or elsewhere and no liability shall be borne by the Auctioneers in respect of any such fault or errors. This listing has been prepared only as a guide based on information from sources generally believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by the Auctioneers. Bidder acknowledges that it is their responsibility to inspect all items and to make his/her own inquiries.
There are no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever by the Auction Company. Bidder agrees that everything is sold "AS IS, WHERE IS" and that they may not return any item purchased. The property being sold may be either New or Used. We make no representation or warranty for any of the lots, which are the subject of the auction.
This listing with pictures is only a guide and may not be accurate in anyway. Please inspect the items prior to bidding. All sales are final. We reserve the right to put a hold on your account for an amount up to the amount of your bid prior to the end of the auction.
Bidders who bid understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. The auction company shall endeavor to describe in detail each item and any pertinent information about it however, we will not be responsible for any error or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself.
LIMITATION OF LIABILITY You expressly understand and agree that The Swicegood Group shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Swicegood Group has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
INDEMNITY You agree to indemnify and hold The Swicegood Group harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
GENERAL INFORMATION The TERMS & CONDITIONS constitute the entire agreement between you and The Swicegood Group and govern your use of the Service, superseding any prior agreements between you and The Swicegood Group. The TERMS & CONDITIONS and the relationship between you and The Swicegood Group shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The failure of The Swicegood Group to exercise or enforce any right or provision of the TERMS & CONDITIONS shall not constitute a waiver of such right or provision. If any provision of the TERMS & CONDITIONS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS & CONDITIONS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS & CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Swicegood Group, Inc. Auctions-Real Estate
854 Valley Rd Ste. 100
Mocksville, NC 27028
T Kyle Swicegood
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