Terms - Gavel Roads Online Auctions

Terms

EVERYTHING SELLS AS IS – NO WARRANTIES EXPRESSED OR IMPLIED:

All equipment is sold “AS IS”, “WHERE IS” with no warranties or guarantees, expressed or implied by the Seller and Gavel Roads. All sales are final.

There shall be no returns, exchanges or refunds for any reason. All property is sold “as-is”. It is the bidder’s responsibility to determine the nature, condition and state each item is purchased.

Disclaimer of warranties
There are no understandings, agreements, representations or warranties, expressed or implied not specified herein, respecting this contract or the item or property sold hereunder, including not limited to the merchantability or fitness for a particular purpose.

Inspections
It is the responsibility of the buyer to conduct their own inspection. No testing or operational assessments have been made by Gavel Roads. Contact the consignor or Gavel Roads representative prior to bidding to answer any questions regarding any item. All known material facts conveyed to Gavel Roads have been disclosed. The buyer is accepting the property “as-is”.

Internet Bidding
This is an Internet Auction, the highest bid online when the bidding closes will be the winning bid for the item. By placing a bid, you agree to all the terms and conditions which may be set forth by Gavel Roads and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions. No fictitious bidding by the sellers will be allowed. All sales are final.

Auctioneer’s Discretion
The content displayed on the Gavel Roads website may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the online bidding service and to make any changes to the features, functionality or content at any time.

Choice of Law, Venue & Jurisdiction of Disputes
The law of the state of Kansas shall govern the interpretation of any and all disputes or other matters relating to the subject sale and/or stemming from the auction sales. Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise, is created between bidder and Gavel Roads.

Auction Software
Gavel Roads will not be held liable for any software or software malfunction discrepancies.

Bidding Closure
Day, Month Date, and Year, Time of when auction will close.

Register
All bidders must register and be in good standing with Gavel Roads in order to bid on items listed on the online auctions. A credit card is required during registration. Also, new registered users will be required to verify the email supplied during registration. Registration will be reviewed, and approval is required to bid on items. Gavel Roads reserves the right to remove a bidder for not complying with the terms and conditions.

Photos & Videos
Please consider the photos and videos only part of the buying process and not the definitive authority. Photos and or videos may or may not depict all the positives or negatives of an item. These photos, videos, and descriptions are to be used as guideline only. All bidders are responsible for their own personal inspection of the item(s).

Odometer/Mileage/Hours
Odometer, Mileage & Hour Meter are assumed to be correct. However, these assumptions do not constitute a guarantee. It is up to the BUYER to validate the accuracy of the reading during the inspection process. Gavel Roads is not liable for any inaccuracies pertaining to the odometer, mileage or hour meter readings.

Shill bidding
As a Gavel Roads bidder, you agree to never bid on your own items and you will not bid on behalf of any other seller whatsoever. Any bidder participating in shill bidding will be banned from future Gavel Roads auctions without notification and will be subject to legal action.

Reserve
Consignors have the ability to protect their merchandise with a minimum selling price. Reserve prices are designed to protect the owner of an auctioned item from an unfavorable outcome. The Gavel Roads sales representatives will work with the seller to create a reasonable reserve, which must be agreed upon prior to the close of the auction. No reserves will be allowed after the item is sold.

Bid Verification
When placing a bid on an item, you will be asked to confirm your bid. This is to verify bidders are placing the correct amount.
This is considered a legally binding contract.

Buyer’s Premium
A 10% buyer’s premium will be added to all winning bids, resulting in the total purchase price, exclusive of any applicable sales taxes are calculated.

Taxes
In order to comply with most state and local sales tax requirements, it is necessary that we have in our files a properly executed exemption certificate from all of our customers who claim sales tax exemption. Gavel Roads will NOT release equipment until we receive any necessary and properly executed tax exemption form. Contact Gavel Roads for the appropriate form. We need the sales tax form from the state in which the equipment was sold, not from the state in which you are located. Guidelines and regulations regarding tax exemptions may vary between states. Gavel Roads does not provide any legal or tax advice. Please consult your advisors.

Invoicing
An invoice with payment instructions will be sent to each buyer’s registered email after the close of the auction. If you do not receive an invoice via your email or in your account within 24 hours after the close of the auction, please contact us at 316-425-7732 immediately.

Bidder’s Payment
Payment instructions will also be included on your invoice. Successful bidders must contact Gavel Roads within 24 hours after receiving their invoice to confirm their method of payment.

  • Payments must be received within 3 days after the conclusion of the auction.
  • Any payment received between 3 to 7 days after the conclusion of the auction, the buyer will be assessed a 2% late fee on the invoice total.
  • If payment is not received within 7 days after the conclusion of the auction, the buyer will be charged the balance of the outstanding invoice and late fees to the credit card on file. The buyer’s account will also be banned and not allowed to bid going forward. If items are not recovered by the buyer within 30 days, or by the removal terms of the auction in which they were purchased, Gavel Roads will consider the items abandoned. See below for terms related to Abandoned Items.
  • All international transactions must be paid by wire transfer.
  • NO equipment will be released until payment is made in full. Failure to comply with these terms will result in buyer NOT TO PARTICIPATE in future auctions conducted by Gavel Roads.

Abandoned Items
Gavel Roads will use all means possible to communicate with buyers to obtain payment and removal of items. Gavel Roads may determine items abandoned when a buyer fails to make full payment by the terms stated above in Bidder’s Payment or stated in the auction in which the items were sold, or when items are not removed in 30 days or by the removal deadline stated in the auction. If items are deemed abandoned, Gavel Roads may take the following actions:

  • Buyer loses all right to items and the seller may retain ownership.
  • Gavel Roads may resell the items on the buyer’s behalf and use the following terms:
    • If Gavel Roads sells the abandoned items for a price greater than the original invoice and fees, the net proceeds may be used to offset any amount owed to Gavel Roads by the buyer. Gavel Roads will release the final net proceeds to the buyer.
    • If Gavel Roads sells the abandoned items for a price less than the original invoice and fees, the buyer will owe Gavel Roads the difference and any additional necessary fees.

Unsold items
If a lot does not reach the reserve, it remains unsold and is returned to the consignor with a no sale fee. Gavel Roads has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers.

Payment procedures
Payments will be made directly to Gavel Roads, not to the sellers. Methods of payment include: Check, Cash, ACH, Wire Transfer or Credit Card

Check:
Checks over $10,000 must be approved by Gavel Roads prior to payment with a bank guaranty letter. Letters must include, but are not limited to, bank letterhead, signature of officer of the bank, account name & number, check number, dollar amount, guaranty language, and a minimum 2-week guaranty from the date of the auction.

ACH instructions:
Please contact Gavel Roads to manage an ACH transaction.

Wire instructions:
This method is preferred and will be accepted in any amount. Below are instructions for you and your bank to wire funds to Gavel Roads.

Company Name & Address:
Legacy Bank
3711 N Ridge
Wichita, KS 67205

Bank Name & Address:
Bankers Bank of Kansas
555 N. Woodlawn, Bldg 5
Wichita, KS 67208

ABA Routing Number: 101104805
Name of Account: Legacy Bank
Account Number: 110788
For Further Credit Account Number: 110002151

**You must reference your bidder # and invoice #

Credit card
When paying with a credit card, you may do so in the Account page after you have logged in. Go to the appropriate invoice and click the “Pay Invoice” link. Payment can be made here. A 3% fee will be added when a credit card is used.

Titles
There will be a $25 title processing fee applied to all items requiring a Department of Motor Vehicles tag if managed by Gavel Roads. Buyers will be contacted via email the day of the auction regarding titling information. Gavel Roads requires title information including name(s) and complete address via email. Title will be mailed to the buyer via certified mail no sooner than 14 days after receipt of payment, regardless of payment type. Gavel Roads is not responsible for lost titles.

NOTE: As required by the Kansas Division of Vehicles the vehicle owner’s name on your title MUST match the name on the individual’s driver’s license or identification card. If the owner is a business, then the name must match the business name on FEIN documents.

**ALL TITLES WILL BE ENDORSED, UNDER NO CIRCUMSTANCES WILL ANY OPEN TITLES BE ISSUED**

Equipment Removal
Removal and/or transportation of equipment shall be at the expense, liability and risk of the buyer. Any items not removed within 30 days of the conclusion of the auction, unless otherwise stated in the terms and conditions of the auction or description of the item, will be considered abandoned. See Abandoned Items section above.

Please call us at (316) 425-7732 with any questions.

UPDATED: NOVEMBER 18, 2020