FISHER & ROES AUCTIONEERS
TERMS AND CONDITIONS
Registration and Bidding
-Anyone wishing to bid on items in the Auction must register and obtain a bidding card. Bidding numbers may not be shared. Bidding cards are available at check-in.
-Registration is free and requires a state-issued ID, current address, phone, and email address.
Conditions of Sale -
-All items are sold as-is, where-is without any guarantee unless stated by the Auctioneer at the time of sale.
-Fisher & Roes Auctioneers LLC makes every effort to represent all items listed for sale accurately. However, there is the possibility of error. Fisher & Roes Auctioneers LLC is not responsible for any errors or omissions in the merchandise description.
-Please inspect all items before bidding; Fisher & Roes Auctioneers LLC makes no warranty, expressed or implied. The bidder is responsible for determining the condition, age, genuineness, value, and other determinative factors of Items for sale.
-All bids and sales are final. You may not withdraw your offer or return the merchandise.
-The Auctioneer will have the final say as to the highest bidder.
NO REFUNDS OR CHARGEBACKS ALLOWED.
Payment, Sales Tax, and Buyers Premium
-All purchases are subject to sales tax and collected unless a copy of an active and verifiable Resale Certificate is available at registration. Florida State and Desoto County Tax is 7.5%.
-A 13.5% buyer premium is added to all hammer prices. A 3.5% discount is offered for cash or check purchases.
-Full payment is due on Auction Day and before removal.
-We accept cash, cashier's checks, and all credit and debit cards. Personal or business checks must be accompanied by an original and current bank letter/guarantee. A 15.5% buyer premium is added to all online invoices, with a 3.5% discount offered for cash or check.
-We accept credit and debit cards up to $5,000.
DMV Tax and Title
-Fisher & Roes Auctioneers LLC will provide a Bill of Sale and an open Title at the time of payment.
-Fisher & Roes Auctioneers LLC does not handle title transfer or sales tax for titled items. Sales
tax is paid directly to the DMV by the Buyer.
Removal and Pickup - Transport Available
-Buyer must remove all items by the Wednesday following the auction close. Any items left after
the removal date are abandoned, towed at the owner's expense, and sold at the next Auction or
Auctioneer's dispense.. Jimmy Fisher or Ben Roes must approve any exceptions after the sale.
-Only bid if you can pick up items.
General
-All announcements made on sale day supersede any and all written or implied. Although despite our efforts to avoid withdrawal of items from the sale, it may sometimes be necessary. Call before the Auction to verify that a specific lot is present.
-The Auctioneer has the final word regarding accepting Resale Certificates and bank verifications.
FISHER & ROES AUCTIONEERS
AUCTION TERMS AND CONDITIONS OF SALE
1. Binding Terms. The following Conditions of Sale constitute the entire agreement with each buyer relative to the property sold at any auction conducted by Fisher &
Roes Auctioneers, LLC (“Fisher & Roes”). By bidding at auction, each bidder and each buyer agrees to be bound by these terms.
2. As Is. All lots are sold “AS IS” “WHERE IS” without warranty or representation and without recourse. Neither Fisher & Roes nor its seller/consignor makes any
warranties or representations, express or implied, with respect to any lot. All bidders are strongly advised to personally examine any property in which they are interested,
before the auction takes place, to determine its condition and suitability. Neither Fisher & Roes nor its seller/consignor makes any express or implied warranty or
representation of any kind or nature with respect to merchantability, fitness for purpose or with respect to the correctness, accuracy or completeness of any description of
any lot sold, and no such descriptions are guaranteed to be accurate or complete. References to the condition of a lot are for guidance only and are not guaranteed. Each
lot should be evaluated by personal inspection by the bidder or a knowledgeable representative. These terms are controlling, and no statement, whether written or oral,
and whether made herein or in any advertisement, online listing, bill of sale, posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to
create any agreement, warranty, representation or assumption of liability. All statements by Fisher & Roes whether made orally or in writing, are statements of opinion and
are not to be relied on as statements of fact. Neither Fisher & Roes nor the seller/consignor is responsible in any way for errors or omissions in any such descriptions or
statements. Each bidder hereby releases Fisher & Rose and the seller/consignee or from any and all claims, demands, liabilities or causes of action whatsoever, including
the negligence of either of them.
3. Withdrawal. Fisher & Roes reserves the right to withdraw any lot at any time prior to the commencement of bidding for such lot and shall have no liability whatsoever for
such withdrawal.
4. Reserves. If the auctioneer decides that any opening bid is below the value of the lot offered, the auctioneer may reject that bid and withdraw the lot from sale and if,
having acknowledged an opening bid, the auctioneer decides that any advance thereafter is insufficient, the auctioneer may reject that advance. Unless otherwise
indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. Reserves are agreed upon with the
seller/consignor or, in the absence thereof, in the absolute discretion of Fisher & Roes. Unless otherwise announced by the auctioneer, all bids are per lot as presented.
The auctioneer may bid on behalf of the consignor, up to the amount of the reserve, by placing successive or consecutive bids for a lot or by placing bids in response to
other bidders.
5. Bidding. Fisher & Roes reserves the right, at its complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid, as well as
the right to refuse to acknowledge any bidder. The highest bidder acknowledged by the auctioneer will be the buyer. The auctioneer has the right at the auctioneer’s
absolute and sole discretion to advance the bidding in such a manner as the auctioneer may decide, to withdraw or divide any lot, and to combine any two or more lots. In
the event of error or dispute between bidders, or in the event of doubt as to the validity of any bid, whether during or after the sale, the auctioneer has final discretion to
determine the successful bidder, to continue the bidding, to cancel the sale, or to reoffer and resell the lot in dispute. If any dispute arises after the sale, the Fisher & Roes
sale record shall be conclusive.
6. Buyer's Responsibility. Title passes upon the fall of the auctioneer’s hammer to the highest acknowledged bidder, subject to the conditions of sale set forth herein. Such
bidder there upon assumes full risk and responsibility for the lot. When making a bid, a bidder accepts personal liability to pay the purchase price as follows: the total
purchase price to be paid by buyer is the amount of the successful bid (hammer price) price plus a buyer’s premium of 13.5%. All purchases regardless of bidding method
are subject to the Buyer's Premium and appropriate Sales Tax. Full payment is due and must be made on the auction date. Prior to the sale, the buyer must provide
buyer’s name and permanent address and, if so requested, details of the bank from which payment will be made. All payments shall be made in U.S. dollars by
immediately available funds unless other arrangements are made with Fisher & Roes. The buyer agrees to pay Fisher & Roes a handling charge of $100 for any
dishonored funds. For titled items including vehicles, vessels or titled equipment, Fisher & Roes Auctioneers LLC will provide a Bill of Sale and an endorsed open title at
the time of payment. Fisher & Roes does not handle title transfer or sales tax for titled items. Sales tax and transfer fees must be paid by the buyer directly to the DMV or
other title office. All property must be removed from the premises by the buyer at buyer’s sole expense no later than close of business on the Wednesday following the
date of sale. Any items remaining after such time shall be deemed abandoned and may be towed or otherwise removed at the Buyer's expense or sold at the next auction
in the sole and absolute discretion of Fisher & Roes.
7. Remedies Available to Fisher & Roes. In addition to the other remedies available to Fisher & Roes, Fisher & Roes reserves the right to impose a late charge of 1 1/2%
per month of the total purchase price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by
the buyer, in addition to other remedies available to Fisher & Roes and the seller/consignor by law, including without limitation the right to hold the buyer liable for the total
purchase price, including all fees, charges and expenses (including reasonable attorney fees and costs) Fisher & Roes shall be entitled in its absolute discretion to
exercise one or more of the following rights or remedies: (a) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery
together with interest, legal fees and costs to the fullest extent permitted under applicable law; (b) cancel the sale of that, or any other lot or lots sold to the defaulting buyer
at the same or any other auction, retaining as liquidated damages all payments made by the buyer; (c) resell the property whether at private sale or public auction without
reserve, and the buyer will be liable for any deficiency, cost, including handling charges, the expenses of both sales, Fisher & Roes commission on both sales at Fisher &
Roes regular rate, all other charges due hereunder and incidental damages; (e) to set off the outstanding amount remaining unpaid by the buyer against any amounts
which Fisher & Roes may owe the buyer in any other transactions; (f) where several amounts are owed by a buyer, in respect of different transactions, to apply any
amount paid to discharge any amount owed in respect of any particular transaction, whether or not the buyer so directs; (g) to reject at any future auction any bids made
by or on behalf of the buyer or to require a deposit from the buyer before accepting any bids. In addition, a defaulting buyer will be deemed to have granted and assigned
to Fisher & Roes a continuing security interest of first priority in, and Fisher & Roes may retain as collateral security for such buyer’s obligations, any property or money of
or owing to such buyer in Fisher & Roes’s possession.
8. Limited Liability. If for any cause a purchased lot cannot be delivered in as good condition as at the time of sale, or should any purchased lot be stolen or mis-delivered
or lost prior to delivery, Fisher & Roes shall not be liable for any amount in excess of that paid by the buyer. Fisher & Roes is not responsible for the acts or omissions of
carriers or packers of purchased lots, whether or not recommended by us. Packing and handling of purchased lots by us is at the entire risk of the buyer and Fisher &
Roes will have no liability for any loss or damage to such items. Without limiting the foregoing, Buyer and Fisher & Roes each waive all forms of indirect, special, punitive,
exemplary and consequential damages including loss of profits or income.
9. Miscellaneous. Any and all of these conditions may be waived or modified in the sole discretion of Fisher & Roes. If any part of these Conditions of Sale is found by
any court to be invalid, illegal or unenforceable, the balance of the conditions shall continue to be valid to the fullest extent permitted by law. The rights and obligations of
the parties with respect to these Conditions of Sale, as well as the buyer’s and Fisher & Roes respective rights and obligations hereunder, the conduct of the auction and
any matters connected with any of the foregoing, shall be governed and interpreted by the laws of the State of Florida, without regard to conflicts of laws principles of any
jurisdiction. By bidding at auction, buyer shall be deemed to have submitted, for the benefit of Fisher & Roes, to the exclusive jurisdiction of the federal or state courts
located in De Soto County of the State of Florida and waives any objection to the jurisdiction and venue of any other court. In the event of any litigation concerning or
arising out of these Terms and can Conditions or any sale transaction, the prevailing party shall be entitled to recover all reasonable attorney fees incurred. EACH
BIDDER AND FISHER & ROES EACH HEREBY KNOWINGLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION CONCERNING OR ARISING OUT OF
THESE TERMS AND CONDITIONS OF SALE OR ANY SALE CONDUCTED BY FISHER & ROES.,
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