Dusters wall art
BIDWEST AUCTION GROUP LLC
BIDDER TERMS & CONDITIONS
These Bidder Terms & Conditions (“Terms”) govern all auctions conducted by BidWest Auction Group LLC, an Arizona limited liability company (“Auctioneer”).
By registering, bidding, attending, previewing, or participating in any Auction, YOU (“Bidder”) accept and agree to be bound—in full—by these Terms.
Auctioneer’s decisions are final, absolute, and non-negotiable.
If you do not agree, do not bid.
1. Auction Conducted Under These Terms; Binding Contract
1.1 All Auctions are conducted exclusively under these Terms, any additional posted or announced terms, and applicable law.
1.2 Your bid is a legally binding, irrevocable offer to purchase the Lot.
When the Auctioneer announces a Lot “SOLD,” a binding contract of sale is formed between the Seller and the Winning Bidder.
1.3 Bidder acknowledges full opportunity to review these Terms and agrees to be bound by them as a condition of participation.
2. Definitions
All key terms—including “Auction,” “Lot,” “Buyer,” “Winning Bid,” “Hammer Price,” “Buyer’s Premium,” “Fall of the Hammer,” “Online Bidding Platform,” “Reserve,” and others—are used as defined herein and in any posted or supplemental terms.
3. Auctions Conducted in Arizona
Regardless of Bidder’s location, all Auctions are deemed conducted in Arizona, all bids are received in Arizona, and all Lots are delivered in Arizona.
Arizona law applies exclusively.
4. Bidder Registration; Identity; Eligibility
4.1 Bidder must register with valid, truthful information. Auctioneer may require government ID, proof of funds, bank letters, deposit holds, or other verification.
4.2 Auctioneer may deny, suspend, or revoke bidding privileges at its sole discretion and without explanation.
4.3 Bidders under 18 years old are prohibited.
4.4 If bids are made under a business, both the business and individual bidder are jointly and severally liable.
4.5 Bidder is responsible for all bids submitted under their account or bidder number, whether or not actually placed by them.
5. Nature of the Auction; With Reserve Unless Stated Otherwise
5.1 Unless explicitly stated in writing, all Lots are sold With Reserve.
5.2 Auctioneer may withdraw any Lot at any time before or after bidding opens, even if bids have been tendered.
5.3 Auctioneer may, in its sole discretion, execute bids on behalf of the Seller if permitted.
6. Bidder’s Duty to Inspect; No Reliance on Photos or Descriptions
6.1 ALL PROPERTY IS SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.”
No warranties, guarantees, or representations exist—express or implied—including merchantability, fitness, authenticity, hours, mileage, condition, safety, performance, or suitability.
6.2 Bidder is solely responsible for inspecting items before bidding.
Failure to inspect is Not a defense, Not a basis for rescission, and Not a reason to refuse payment.
6.3 Photos, videos, and descriptions are for identification only.
They may contain errors.
Bidder may not rely on them as factual representations.
6.4 Listings may show multiple items in photos; Bidder is responsible for reading the Lot description.
7. Online Bidding; Technology Failures
7.1 Auctioneer does not guarantee uninterrupted access to online bidding.
Delays, freezes, lost connection, failure to process bids, or platform errors do not excuse Bidder’s obligations.
7.2 Auctioneer may reopen bidding, extend closing, or take no action whatsoever.
7.3 Online bidders must refresh frequently to view current bid status.
7.4 Bidder acknowledges the Online Bidding Platform may display incorrect information and agrees Auctioneer’s clerking records are final and conclusive.
8. Bid Increments
Auctioneer controls all bid increments and may adjust them at any time.
9. No Bid Retraction; Irrevocable Offer
9.1 Bids cannot be withdrawn under any circumstances without Auctioneer’s permission.
9.2 Placing a bid—intentionally or accidentally—constitutes an irrevocable offer.
9.3 “I clicked the wrong button,” “My kid bid,” “My employee bid,” “I didn’t mean to,” or “I thought it was another Lot” are not valid excuses.
10. Winning Bid; Certification
10.1 Auctioneer's announcement of “SOLD” constitutes the Fall of the Hammer.
10.2 All declarations, invoices, and confirmations are subject to final review by Auctioneer.
10.3 In event of a dispute, Auctioneer may:
(a) declare the rightful Winning Bidder,
(b) reopen the bidding, or
(c) reject all bids.
Auctioneer’s determination is final.
11. Payment; Default; Chargebacks Strictly Prohibited
11.1 Payment is due in full within _____ hours of the Auction close unless onsite payment is required immediately.
11.2 Accepted forms:
- Cash
- Wire transfer
- Certified funds
- Credit card (Auctioneer may add 3%–5% fee)
- Approved business or personal check (onsite only, at Auctioneer’s discretion)
11.3 Purchases over $__________ must be paid by wire.
11.4 Credit card chargebacks are expressly prohibited.
Bidder agrees that initiating a chargeback constitutes:
- fraud
- breach of contract
- intentional misconduct
and Bidder will be liable for:
- full purchase price
- Buyer’s Premium
- attorney fees
- all costs of collection
- liquidated damages equal to 25% of the contract price
11.5 If payment is not received, Auctioneer may:
(a) resell the Lot,
(b) pursue legal action,
(c) report the Bidder to other auction companies,
(d) retain all deposits, and
(e) bar the Bidder from all future Auctions.
12. Buyer’s Premium; Taxes
12.1 Buyer’s Premium of _______% is added to the Hammer Price and is earned by Auctioneer at the Fall of the Hammer.
It is non-refundable.
12.2 Taxes (including Arizona TPT where applicable) are calculated on Contract Price = Hammer Price + Buyer’s Premium.
12.3 Bidder is responsible for providing tax exemption documentation before bidding.
13. Load-Out; Removal; Risk of Loss
13.1 Risk of loss transfers to Buyer immediately at the Fall of the Hammer, regardless of whether payment has been made.
13.2 Buyer must remove items by the stated deadline.
Failure to do so results in:
- Daily storage fees of $______ per Lot per day
- Denial of access until fees are paid
- Potential forfeiture
13.3 Auctioneer does not provide loading assistance unless explicitly stated.
13.4 Buyer assumes all liability for personal injury, property damage, equipment damage, and accidents during load-out.
13.5 Children under 18 are prohibited in load-out areas.
14. Abandoned Property
14.1 Any Lot not removed by the deadline is deemed abandoned, and Auctioneer may:
(a) resell it,
(b) dispose of it,
(c) retain it, or
(d) assess storage and handling fees.
14.2 Buyer forfeits all rights to abandoned items and remains liable for all fees.
15. Title, Documentation, and Serialized Items
15.1 For titled vehicles/equipment, title transfer occurs only after full payment has cleared.
15.2 Buyer must comply with all state requirements for registration, insurance, emissions, or licensing.
15.3 Auctioneer does not guarantee:
- emissions compliance
- DOT compliance
- ability to register the equipment in another state
- accuracy of hours or mileage
- authenticity of serial numbers
The Buyer is solely responsible for due diligence.
16. “AS-IS / WHERE-IS” – COMPLETE WAIVER OF CLAIMS
16.1 Buyer acknowledges and agrees:
- No refunds
- No returns
- No rescission
- No price adjustments
- No warranties
- No guarantees
- No reliance on statements by Auctioneer or Seller
16.2 Auctioneer disclaims all warranties, including:
- title (except that Seller has the right to sell)
- merchantability
- fitness
- non-infringement
- accuracy
- functionality
- safety
- performance
- completeness
16.3 Buyer releases Auctioneer from all claims arising out of:
- condition of property
- defects
- misdescriptions
- non-performance of equipment
- accidents or injuries
- removal difficulties
- undisclosed issues
- inaccurate photos or hours/mileage
17. Limitation of Liability
Auctioneer shall not be liable for:
- lost profits
- lost opportunities
- special, incidental, consequential damages
- injuries
- delays or inability to load
- errors in cataloging, photography, or descriptions
- failure of Online Bidding Platform
- buyer’s failure to inspect
Maximum liability shall never exceed the amount of Buyer’s Premium actually paid to Auctioneer on that Lot.
18. Hold Harmless; Indemnification
Buyer shall indemnify and defend Auctioneer from all claims arising from:
- Buyer’s presence at Auction Site
- load-out activities
- use of purchased equipment
- personal injury or property damage
- environmental hazards
- title, registration, or tax issues
- spills, leaks, or contamination
- trespass or damage during removal
- Buyer’s breach of these Terms
19. Governing Law; Venue; Attorney Fees
These Terms shall be governed exclusively by Arizona law.
Venue lies in Pinal County, Arizona.
Buyer shall pay Auctioneer’s attorney fees, costs, and expenses for any action arising from these Terms.
20. Severability; No Waiver
Invalid provisions do not affect the remainder.
Auctioneer’s failure to enforce any provision is not a waiver.
21. Entire Agreement
These Terms, together with any supplemental or posted terms, constitute the entire agreement between Auctioneer and Bidder.
