ONLINE SALE TERMS AND CONDITIONS
Warning: BandI Auctions reserves the right to change the online sale terms and conditions at any time, with or without notice. Bidders are cautioned to periodically review these terms and conditions for possible changes.
BIDDER INFORMATION AND REGISTRATON
Bidders must be at least 18 years of age.
Each bidder must register with the BandI Auctions before they can bid on an auction. This is accomplished on the BandI Auctions web site. A credit card is required. The Credit card validation assists in the prevention of fraudulent bidding activity and ensures that bidders are prepared to accept responsibility for their bidding activity and all submitted bids are valid. This card number is recorded, but will not be automatically charged if a bidder is the successful bidder of an item. (Please see our Privacy Policy) For security reasons and to prevent fraudulent bidding activities, all registered bidders are subject to billing address verification. No P.O. Box address will be accepted unless accompanied by a street address. By entering the credit card information, you are attesting you are an authorized user of the card.
It is required that the bidder creates and secures their username and password. BandI Auctions does not issue usernames nor does it provide a temporary password if a bidder has forgotten theirs.
Further, bidders shall refrain from creating usernames that are considered profane or offensive in nature. If such names are discovered or otherwise brought to the attention of BandI Auctions, the bidder will be contacted and asked to re-register using a more appropriate username, and the “offensively named” account will be locked to prevent further use.
IMPORTANT: The way you register will determine how your information is displayed on sales paperwork. Either your name and address as an individual, or your name, company name and address must be completed as you wish it to appear on all subsequent paperwork. You can only select one option to indicate registering as an individual or company. Changes will not be permitted after award. If you wish to participate as an individual and a representative of a company, you must register separately for each and place bids accordingly.
Acceptance Period
By marking the required box at the end of the online sale terms and conditions during registration and submitting a bid, the bidder agrees to the Terms and Conditions of sale and to pay for and remove the property by the dates and times specified in each lot, if the bid is accepted.
Bids are only accepted in whole U.S. Dollar amounts. Do not enter dollar signs ($) commas (,) or cents (¢). Bidding will begin and end at the dates and times specified for each lot in the BANDI Auctions website. Please note: All times displayed at BANDI Auctions are in Central time. In addition, certain auctions are designed to extend the closing time if there is bidding activity. Bidders are urged to review the bidding rules and enhanced bidding logic at BANDI Auctions for auction details. It is the responsibility of the bidder to follow-up on the status of his/her bid.
It is the policy of BANDI Auctions to monitor bids and other activity to ensure the proper use of our site. BandI Auctions reserves the right to reject any and all bids. Bids can be rejected for any reason, especially those containing inaccurate, incomplete or unverifiable information, or information which is deemed to have been given in bad faith. BANDI Auctions monitors for suspicious bids. Such bids are subject to investigation and cancellation at any time. If BANDI removes a bid, the bidder with the next highest bid, who is in compliance with the online terms and conditions, will become the current high bid. It is a violation of law to submit bids using a false name or any other fraudulent information, and such bids may not be processed, even if BANDI initially accepts a bid. Be aware that if you provide false information, BANDI will remove you from the database and revoke your account.
Successful bidders will be notified by fax or email and must contact BandI Auctions within 2 business days from the date and time the award notification was sent. (Bid results will not be furnished to anyone other than the successful bidder.) It is the bidder's responsibility to follow-up on the status of his/her bid and to ensure that his/her email address and all registration data are kept accurate and up-to-date. If at any time, your information changes, it is your responsibility to update the appropriate information at BANDI Auctions. Warning: If any faxes or emails are undeliverable due to an inaccuracy, BANDI may remove such registrants from the database
Title to Property
Buyers will receive a "Purchaser's Receipt and Authority to Release Property," form and if the item is a vehicle, a form that is needed to obtain title to a vehicle by the purchaser.
Neither this Certificate to Obtain Title in no way serves as a waiver for payment of registration fees, nor county or State taxes assessed to the vehicle, subsequent to its purchase.
The way you register will determine how your information is displayed on sales paperwork. Either your name and address as an individual, or your name, company name and address must be completed as you wish it to appear on all subsequent paperwork. You can only select one option to indicate registering as an individual or company. Changes will not be permitted after award. If you wish to participate as an individual and a representative of a company, you must register separately for each and place bids accordingly.
Photographs may not depict an exact representation of the bid item(s) and should not be relied upon in place of written item descriptions or as a substitute for physical inspection. Please contact the custodian for inspection dates and times.
Bidders are invited, urged and cautioned to inspect the property prior to bidding. Bidders must contact the custodian indicated in the item description for inspection dates and times.
Reporting Discrepancies/Hazardous Materials
Prospective purchasers are asked to inform BandI Auctions of any discrepancies in the property descriptions discovered while inspecting the property and of any lots in this sale that contain hazardous material/waste not indicated in the property descriptions.
Oral Statements and Modifications
Any oral statement or representation by any representative of the BandI Auctions, changing or supplementing the offering or contract or any condition thereof, is unauthorized and shall confer no right upon the bidder or purchaser. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding unless BandI Auctions agrees to the
change in writing.
Modification of Bids
Bids received for items offered in the BANDI Auctions website may be raised before the closing date and time, as specified in the offering. The minimum bid is the current winning bid plus the amount of the bid increment.
Bidders cannot cancel bids
Occasionally, technical problems will interrupt the bidding process for an unspecified amount of time. These interruptions may affect some or all bidders. In the event of an interruption, an evaluation of the length of interruption time and the numbers of bidders affected may prompt BANDI Auctions to extend the closing time for an auction. Extension may range from 1 hour to 24 hours based on the aforementioned criteria, to insure fair and full competition.
Due to technical problems encountered from time to time, situations may arise that warrant BANDI Auctions canceling awards because full and open competition consistent with the value and nature of the property was not met. Items may be reoffered at a later date.
It may be necessary to withdraw items from bidding due to technical errors or uncontrollable circumstances. Auctions may be terminated because the property is no longer available due to consignee needs; property becomes damaged; property is stolen, or property was improperly described. Items may be reoffered at a later date.
Reoffering and Resale of items
Please be advised that items that are available on BANDI Auctions are considered property of BANDI or the State Government until which time it is awarded, paid for and removed from the designated premises. As such, this property may not be advertised, offered, pre-sold or otherwise represented as the property of any bidder for personal gain, prior to the award, payment and full possession of items/lots by the awarded bidder. Actions made in violation of this warning may result in legal action and prosecution against the awarded bidder, by BANDI or the State Government.
In the event bidders provide false information, bid using unacceptable/profane usernames, or default for non-payment or non-removal, they will lose all rights to place bids for other items. They will only be allowed to "browse" the items. At such time the bidder cures his/her default, he/she will be unlocked and be given access to begin bidding on items.
Condition of property is not warranted. Deficiencies, when known, have been indicated in the property descriptions. However, absence of any indicated deficiencies does not mean that none exists.
WARRANTY AND REFUNDS
Description Warranty
BandI Auctions warrants to the original purchaser that the property listed in the BANDI Auctions website will conform to its written description. If a misdescription is determined before payment, the contract will be cancelled without any liability to the bidder. If a misdescription is determined after removal, the BandI Auctions will negotiate a settlement with the purchaser to adequately correct for the error. No refunds will be made, for shortages of individual items within a lot, after the property is removed. This warranty is in place of all other guarantees and warranties, expressed or implied.
The BandI Auctions does not warrant the merchantability of the property or its purpose. The purchaser is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.
Prior to the closing of a sale, if an item has been determined to be inadequately described for example, a gross omission regarding the functionality of an item, failure to cite major missing parts, and/or restrictions with regards to its use after purchase or removal are omitted in the description, the property may be considered as mis-described. If BANDI Auctions is aware of this missed information prior to the close of a sale, the item may be pulled from the sale and resubmitted with the information or re-offered at a later date.
Please be advised that refunds are not a frequent practice of BANDI Auctions. A request for refund must be substantiated in writing for issues regarding mis-described property, missing property and voluntary defaults.
The refund is limited to the purchase price of the misdescribed property.
If items have been awarded but not paid for and the successful bidder feels that the property is mis-described, he/she must follow these procedures: A written claim needs to be submitted to BandI Auctions within 15 calendar days from the date of award requesting release of contractual obligation for reasons satisfying that of a mis-description. No verbal contact will constitute a notice of misdescription.
When items are awarded but removal may or may not have occurred, the successful bidder must (1) submit a written notice to BandI Auctions within 15 calendar days from the date of award prior to removal that the property was mis-described, (2) if removed, maintain the property in the purchased condition until it is returned, and (3) If your mis-description claim is accepted by BandI Auctions and if the property has already been removed, return the property at your own expense to a location specified by BandI Auctions.
Payment and Removal Timeframes
If you are the successful bidder, property must be paid for within 2 business days and property removed within 10 business days from the time & date of the award notification of sale results, unless otherwise specified in the contract. After payment is processed, a copy of the Purchaser’s Receipt and Authority to Release Property will automatically be faxed or emailed to the successful bidder based upon the information that was provided at the time of registration.
Payment is restricted to the following instruments: U.S. currency (no greater than $10,000); bank cashier's check; credit union cashier's check issued by a Federal or State chartered Credit Union; U.S. Postal Service or commercial money order; travelers' checks; MasterCard, VISA, Discover (Novus), processed manually or online. Certified checks, bank drafts and debit cards with dollar limitations and/or requiring a PIN number are not acceptable. All checks and money orders must be made payable to BandI Auctions. A personal or company check will be accepted, but will be held for 10 business days and successfully clear before the buyer can take possession of the item or lot.
All sales are final.
State Sales and/or Use Tax
Purchasers of auctions may be subject to payment of a State sales and/or use tax.
Default
Bidders are cautioned to bid only on items they are prepared to pay for and remove in accordance with the online sale terms and conditions of this sale. Failure to pay for and remove all awarded items, or all items within a lot within the timeframe specified, could result in the buyer being subject
to paying liquidated damages.
If you are awarded an item on BANDI Auctions®, you have a responsibility to pay for the item or lot that you were awarded within 2 business days from the date & time the award email notification was sent and promptly remove it before 10 business days from the date & time the award email notification was sent, unless otherwise specified in the contract. If you fail to meet either of these two
conditions, you will be in violation of the online sale terms and conditions.
As a defaulted bidder, you will be responsible for the payment of liquidated damages, an administrative fee for the processing and re-handling of the item for which you neglected to pay for and/or remove. The charge will total 20% of the purchase price of the award amount or $200,
whichever is greater.
Further, if an item or lot has been paid for but only a portion of the lot has been removed, you will still be considered “in default”, and you will not be entitled to a partial refund (the difference of 20% or $200).
In the event of a default, a bidder will lose all rights to place bids for other items for sale on BANDI Auctions until liquidated damages have been paid and the payment processed (see below). Defaulted bidders will only be allowed to "browse" items. At the time that liquidated damages are paid, the bidder will be given access to begin bidding on items.
Liquidated damage payments paid by credit cards are processed by BANDI Auctions’ Finance office on a daily basis. If a credit card is used in payment of liquidated damages owed, it can take up to 2 business days to process this payment and clear a user’s BANDI Auctions account. Avoid if at all possible, incurring liquidated damages.
Ownership
Please be advised that title does not transfer for until such time as the auction items are paid for and removed from the designated premises.
Property must be removed within 10 business days from the date and time of award notification. A signed Purchaser’s Receipt and Authority to Release Property must be presented prior to removal of property to verify proof of purchase; otherwise removal will not be permitted. In addition, person(s) or agent(s) attempting removal on behalf of the successful bidder must provide a letter of authorization with the successful bidder’s signature at the time of removal.
SUCCESSFUL BIDDERS ARE CAUTIONED THAT THEY ARE RESPONSIBLE FOR LOADING AND REMOVAL OF ANY AND ALL PROPERTY AWARDED TO THEM FROM THE EXACT PLACE WHERE THE PROPERTY IS LOCATED, AS INDICATED FOR EACH ITEM ON THE BANDIAUCTIONS WEBSITE. The Purchaser will make all arrangements and perform all work necessary to effect removal of the property, to include loading, packing and transportation of the property.
SPECIAL NOTICES
Buyers of significantly damaged vehicles must sign a disclaimer statement acknowledging in writing that he/she understands that the vehicle is sold for salvage only and is "not repairable for highway use (NRHU)"; agrees not to attempt to repair the vehicle for highway use; and further agrees to notify any subsequent purchaser of this NRHU stipulation.