The auction will be conducted by Huisman Auctions, Inc., and Hasco Auto Sales (“Auctioneer”) on behalf of the owners of the property, referred to as the “Seller”. The term “Auctioneer” shall include, but is not limited to, any and all of its agents, employees, representatives, officers, and directors. The auction shall be governed by the terms set forth herein (the “Agreement”) and any pre-auction announcements.
All prospective buyers must be at least 16 years old and are required to register with Huisman Auctions, Inc. prior to bidding. Using the bid number or placing a bid shall be conclusive proof that the bidder acknowledges he/she has received, read and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facilities.
The Auction will be conducted by offering the items per lot, unless otherwise announced by the Auctioneer. Each lot or item is the subject of a separate sale. Auctioneer reserves the right to include in the auction any item and the right to withdraw any item. Auctioneer may combine, subdivide, regroup or reorganize any items. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid once the Auctioneer says sold. Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. If a dispute arises after the sale of any item, the Auctioneer’s records shall be deemed conclusive in all respects. All sales are final! Any price discrepancy that requires audio verification, will have a charge of $25.00 per lot, to be paid at time of discrepancy. If buyer price was right, the $25.00 will be refunded along with any price difference.
It is the responsibility of each bidder to make sure that Auctioneer is aware of his or her intent to place a bid. As the high bidder at the auction, as recorded by the Auctioneer, buyer hereby makes an irrevocable offer to purchase the item identified by Auctioneer. Auctioneer disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct item and ensure that his/her bid is for the amount intended. Auctioneer is not responsible for errors in bidding, and Buyer hereby releases Auctioneer and waives any and all claims for bidding errors.
The Auction Catalogue has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct, its accuracy cannot be guaranteed. No sale shall be invalidated, nor shall Auctioneer be liable as a result of defects or inaccuracies of any lot.
Buyer acknowledges that he/she has been provided the opportunity to inspect the property before bidding on and purchasing same. Buyer either has inspected the property or elected not to inspect the property at Buyer’s sole discretion. Buyer is solely responsible for determining the condition of any property. Buyer represents and warrants that he/she is relying solely on Buyer’s own investigation and inspection of the property and not on any information provided or to be provided by the Auctioneer.
ALL SALES ARE FINAL. All items sold “AS IS - WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidder’s responsibility to perform under the auction terms and conditions. Any shortages of lots must be brought to attention, before removal from auction site.
The Auctioneer, at his/her sole discretion, may reject, disqualify or refuse any bid believed to be fradulent, illegitimate, not in good faith, made by someone who is not competent, or made in violation of this Agreement or any applicable law.
PAYMENTS
Payment in full must be made at conclusion of the auction. Payment to be made in cash, cashiers check, Visa, MasterCard or certified check. Company and personal checks must have bank letter or guarantee or management approval. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees, and taxes due on all of bidder’s purchases.
Upon making payment for an item, no stop payment of funds will be honored. Any stop payment order of a check, or issuing a check which is returned marked “insufficient funds”, shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
Interest on overdue accounts will be paid by the purchaser at maximum rate allowed by law.
A 12%-15% Buyer’s Premium will be added to the bid price of each item purchased with a 2% discount for CASH, unless otherwise noted. Please see terms for each specific auction. Internet bidders are subject to an additional 5% Buyer’s Premium for online services.
State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale in the form of a Resale Certificate or a Bill of Lading (must be provided at time of payment).
MOTOR VEHICLE PURCHASES
A $55 document processing fee will be charged for every DMV purchase, whether sold independently or grouped into one Lot and regardless of purchaser’s intended use of the purchase.
California law does not provide for a “cooling off” or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle.
Huisman Auctions, Inc. must offer a 2-day cancellation option. Should you wish to exercise this option, you must purhcase the right to return certain motor vehicles under $40,000 by 5:00 p.m. of the second day after the auction. This cancellation option applies only to vehicles purchased for personal use: it does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use. To exercise this option, you must inform Hasco Auto Sales personnel the day of the auction.
The cost for purchasing this cancellation option is as follows:
Purchase PriceCost of OptionRestocking Fee
$0 - $5,000$75.00$100.00
$5,001 - $10,000$150.00$200.00
$10,001 - $30,000$250.00$250.00
$30,001 - $40,000$ 1%$500.00
The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned in same condition and the mileage must not exceed the (250) permitted miles otherwise the option is void.
Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers.
Some commercial trucks will be offered for sale to out of state buyers only as regulated by the California Air Resources Board requirements for State of California. Items sold for export out of California will be accompanied with a certificate of title and a VIN Stop filed with California Department of Motor Vehicles. Buyers must be registered with Huisman Auctions, Inc. prior to bidding and must provide out of state address and driver’s license. Purchasers of items sold for export outside of California will be required to sign VIN Stop and out of state delivery declaration before the item can be removed from the sale site.
REMOVAL OF ITEMS
Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchased items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, against any damage caused by the acts of purchaser. All items must be removed from the auction facility within 5 days after the auction date, unless otherwise stated. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell or dispose of the items. Purchaser may be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items may result in a rental/storage fee of not less than $25 per item per day.
If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer’s sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned to the place of sale.
Purchaser is responsible for insuring his purchases immediately. Huisman Auctions, Inc. shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item from the auction facility until all his purchases are paid for in full including all applicable taxes and fees.
Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents, employees and be held responsible for any minors with him/her. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
No photographs, tape recording and/or video recordings of any type are permitted without the express written prior approval of Auctioneer. It is understood, however, that Auctioneer, including its agents, representatives, may be taking pictures and video for future commercials or advertisements. The use of a photograph or video with Buyer’s image or likeness is hereby authorized.
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.
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.The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of California, and will be in all respects to be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of California. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree to jurisdiction and continuing venue for any such action in the County of Sacramento, State of California.
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any bidder.
