Terms and Conditions

ALL BIDDERS HEREBY CERTIFY THAT THEY HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AND THEY AGREE TO BE BOUND THEREBY. The terms and conditions are specific to each auction. It is the buyer’s responsibility to understand all the terms and conditions prior to submitting a bid. Please review carefully.

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, express 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, unless the particular item has a posted reserve price and the reserve price has not been met, in which case the item will not sell. By placing a bid, you agree to all of 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.  Bidding within the last 60 seconds before the closing of an item will extend the bidding time by an additional 60 seconds. Be prepared to bid accordingly. 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. Gavel Roads reserves the right to remove a bidder for not complying with the terms and conditions.

Photos
Please consider the photos only part of the buying process and not the definitive authority.  Photos may or may not depict all the positives or negatives of an item. These photos 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.

Auction details page
The auction details page contains the auction specific terms, location details and category list for the auction. The auction details page can be assessed by clicking the auction title, picture or schedule on the calendar page.

First bid notice
The first time you place a bid in an auction you will be asked to agree to the auction specific terms and conditions.

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 the majority of 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. You may access these forms by clicking on DOWNLOAD SALES TAX EXEMPTION FORMS or found on the home page of the website. 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 buyers registered email at the close of bidding. If you do not receive an invoice via your email 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 7 days after the conclusion of the auction
  • Any payment received between 7 to 14 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 14 days after the conclusion of the auction, the buyer will lose all right, title and interest to the property, including any and all moneys.
  • 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.

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: ACH, Wire Transfer or Credit Card

ACH instructions:

Please contact Gavel Roads to manage an ACH transaction.

Wire instructions:
Commerce Bank
Address
Wichita KS
ABA Routing #:
TBO Gavel Roads, #

**You must reference your bidder # and invoice #

Credit card
When paying with a credit card, you may do so in the My Account page after you have logged in. If you are pre-authorized the Authorize Payment page allows you to notify us that you wish to pay for your auction purchases with the credit card you have registered with us on file. We need the following information before we can charge your credit card.

  1. Your customer account number
  2. The last four digits of the credit card that you have on file

If you do not remember which credit card you have on file or you need to change credit cards, please update your account information. Submitting this form WILL NOT automatically charge your credit card; we will notify you once we have processed your payment. If you request additional options, we will contact you with an updated total before processing your payment. Remember that we accept payments up to $2,000 by credit card. Charges above this amount require alternate payment methods such as a wire transfer, check or cash.

Titles
There will be a $25 title processing fee applied to all items requiring a Department of Motor Vehicles tag. Buyers will be contacted via email the day of the auction in regards to 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 and the purchase will lose all right, title and interest to the property, including any and all moneys from the buyer. If the item has not been removed from the location, it is the seller’s discretion to place the item on the next available Gavel Roads auction with proceeds less storage and commission payable to you (the buyer).

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

UPDATED: JULY 19, 2016