SHARP AUCTION
BUSINESS LIQUIDATION TERMS & CONDITIONS
Auction Location: Lovelock, Nevada
Auction Address: 485 Cornell Ave
Auction Preview:
Wednesday July 29th, 9-5pm
Thursday July 30th, 9-5pm
Auction Closes:
Thursday July 30th, closing start at 6pm
Auction Pickup:
Friday July 31st, 9-5pm
Saturday August 1st, 9-5pm
BUYER'S PREMIUM
A Buyer's Premium of 15% will be added to the final bid price of each lot unless otherwise announced.
PAYMENT TERMS
All purchases must be paid in full within 72 hours following the close of the auction unless otherwise announced.
Accepted forms of payment include: Cash, Debit Card, Visa, Mastercard, Discover, Cashier's Check, Wire Transfer, ACH Payment, Direct Deposit.
Certified funds are required for: all titled vehicles, any invoice exceeding $5,000, certain heavy equipment or machinery as determined by Sharp Auction, and purchases being shipped outside the local area.
Money orders are not accepted.
Credit card payments made online or by telephone may be subject to a 4% processing fee.
No telephone credit card payments exceeding $200 will be accepted.
Failure to remit payment within the required time constitutes default and may result in cancellation of the sale, suspension of bidding privileges, collection proceedings, resale of purchased property, and recovery of any deficiency, costs, attorney's fees, and other damages permitted by law.
SALES TAX
Applicable Nevada sales tax will be collected at the rate required for the jurisdiction in which the auction is conducted unless the purchaser provides a valid resale certificate or other documentation establishing exemption acceptable to Sharp Auction.
Sales tax is calculated on the total selling price, including any applicable Buyer's Premium, as required by Nevada law.
INSPECTION OF PROPERTY
All property is available for inspection during the published preview periods.
Bidders are strongly encouraged to inspect all property prior to placing bids.
Descriptions, photographs, measurements, serial numbers, model numbers, operating hours, condition reports, and other catalog information are provided solely as a convenience to bidders. Such information is believed to be accurate but is not guaranteed and shall not be relied upon as a representation or warranty.
The absence of any reference to defects does not imply the item is free from defects.
By placing a bid, the bidder acknowledges that they have either personally inspected the property or voluntarily waived the opportunity to inspect it.
CONDITION OF PROPERTY
All property is sold AS IS, WHERE IS, WITH ALL FAULTS, without warranty of any kind.
Neither the Consignor nor Sharp Auction makes any express or implied warranty, including but not limited to warranties of: merchantability, fitness for a particular purpose, condition, age, authenticity, functionality, safety, and compliance with applicable laws or regulations.
All sales are final.
No refunds, exchanges, adjustments, or chargebacks will be allowed after the auction closes.
AI-generated descriptions may be used to assist in preparing auction listings. These descriptions are based upon visible information and available documentation and are provided solely as a convenience. Buyers are encouraged to carefully review all photographs and inspect items in person before bidding.
BIDDING TERMS
By registering for the auction and placing a bid, the bidder acknowledges that they have read, understand, and agree to be bound by these Terms & Conditions.
All bids are made in U.S. Dollars.
Each bid constitutes a legally binding and irrevocable offer to purchase the property if the bidder is determined to be the successful bidder.
Bids may not be retracted once placed except as permitted by applicable law or at the sole discretion of the Auctioneer.
Sharp Auction reserves the right to refuse bidding privileges, reject any bid, suspend or revoke bidder registrations, or remove any bidder from participation at its sole discretion.
AUCTIONEER'S AUTHORITY
The Auctioneer shall have sole discretion regarding the conduct of the auction.
Sharp Auction reserves the right to: withdraw any lot prior to or during the auction, combine or divide lots, sell property individually or in grouped lots, reject any bid deemed nominal or not commensurate with the value of the property, resolve tie bids or disputed bids, re-open bidding on any lot, correct clerical, cataloging, or clerking errors, and cancel or postpone the auction due to circumstances beyond its reasonable control.
The Auctioneer's decisions shall be final.
DISPUTED BIDS
Should any dispute arise regarding the identity of the successful bidder, bidding increments, clerical errors, or any other matter affecting a sale, Sharp Auction shall have sole discretion to determine the successful bidder or to immediately reopen bidding on the disputed lot.
The Auctioneer's determination shall be final and binding upon all parties.
TITLE AND POSSESSION
Ownership of purchased property transfers to the successful bidder immediately upon the Auctioneer declaring the lot sold, subject to the buyer fulfilling all payment obligations.
Physical possession of purchased property shall not be granted until: full payment has been received and cleared, any required paperwork has been completed, and authorization for removal has been issued by Sharp Auction.
Risk of loss passes to the purchaser upon the close of bidding, regardless of when the property is removed.
Purchasers are encouraged to obtain insurance coverage immediately upon purchase.
BUYER DEFAULT
Failure to comply with these Terms & Conditions constitutes default.
If a purchaser fails to make payment, remove purchased property within the published removal period, or otherwise fails to comply with these Terms & Conditions, Sharp Auction may, at its sole discretion and without further notice: cancel the sale, retain any deposits or partial payments as permitted by law, resell the property at public or private sale, recover any deficiency between the original selling price and the resale price, recover all reasonable costs associated with the resale (including transportation, storage, disposal, advertising, attorney's fees, court costs, and collection costs), suspend or permanently revoke the purchaser's bidding privileges, report the purchaser's default to the online bidding platform and any affiliated auction networks or fraud prevention services, and refuse future bids from the purchaser or any business entity acting on their behalf.
Default by the purchaser shall not release them from liability for the full purchase price, buyer's premium, applicable taxes, fees, or any damages resulting from the default.
FAILURE TO PAY
Invoices not paid within seventy-two (72) hours following the close of the auction shall be considered delinquent.
Sharp Auction reserves the right to charge reasonable late fees where permitted by law and pursue all available legal remedies to collect unpaid balances.
Failure to pay may result in permanent removal from future Sharp Auction auctions.
VEHICLES
Unless otherwise specifically stated in the catalog, all vehicles are sold AS IS, WHERE IS, WITH ALL FAULTS, without warranty of any kind.
Vehicle descriptions, test drives, mileage readings, option lists, mechanical observations, and condition reports are provided solely as a courtesy and shall not be construed as warranties or guarantees.
Bidders are strongly encouraged to personally inspect vehicles prior to bidding.
Failure to inspect a vehicle shall not relieve the purchaser of any obligation after the sale.
VEHICLE TITLES
Sharp Auction sells vehicles strictly as an auction agent on behalf of consignors.
Sharp Auction is not a licensed motor vehicle dealer and does not guarantee that any state's motor vehicle agency will accept documentation for registration.
Buyers are solely responsible for understanding and complying with all registration, title transfer, emissions, inspection, tax, and licensing requirements applicable in their jurisdiction.
Unless otherwise announced, titles will be delivered to purchasers within approximately ten (10) business days following receipt of cleared funds to allow for processing by the consignor.
Cash purchases may receive title documents immediately if available.
VEHICLE LEGAL NOTICE
Purchasers are responsible for completing all inspections, financing arrangements, and due diligence prior to bidding.
Winning bids are final.
Sharp Auction and the consignor reserve all legal remedies available in the event of purchaser default.
FIREARMS
Where applicable, all firearms are sold in accordance with all applicable federal, state, and local laws.
Firearms must be paid for through Sharp Auction prior to transfer.
All firearm transfers shall be completed through Sharp Auction's designated Federal Firearms License (FFL) dealer unless otherwise approved by Sharp Auction.
Transfer fees, background check fees, waiting periods, and all other costs associated with the transfer shall be the sole responsibility of the purchaser.
Failure to successfully complete the required background check or otherwise take legal possession of the firearm shall not relieve the purchaser of their obligation to pay for the firearm.
If a purchaser is unable or unwilling to complete the transfer, the firearm may, at Sharp Auction's discretion, be resold on behalf of the purchaser. Standard seller commissions and applicable fees shall apply.
All firearm sales are final.
CURRENCY, COLLECTIBLES & PRECIOUS METALS
Descriptions of coins, currency, bullion, jewelry, collectibles, gemstones, watches, artwork, antiques, and similar property are opinions only.
Sharp Auction and the Consignor make no representation or warranty regarding: authenticity, origin, purity, weight, grade, age, provenance, and market value.
Any grading information, certifications, packaging, or manufacturer statements are provided solely for informational purposes.
Purchasers are encouraged to conduct their own inspection and due diligence prior to bidding.
REMOVAL OF PROPERTY
This auction is being conducted at the consignor's place of business.
All purchases must be removed during the published pickup dates and times.
Because possession of the property must be returned to the building owner promptly following the auction, storage is not available.
No removal extensions will be granted unless specifically approved in writing by Sharp Auction.
Property remaining after the published removal deadline may be deemed abandoned without refund and may be removed, disposed of, or resold at the purchaser's sole expense.
NO REMOVAL PRIOR TO AUTHORIZATION
No purchaser may disconnect, dismantle, remove, alter, or otherwise disturb any purchased property until: the auction has concluded, payment has been made in full, and Sharp Auction has authorized removal.
Premature removal may result in cancellation of the sale, forfeiture of bidding privileges, liability for damages, and any other remedies available under law.
REMOVAL RESPONSIBILITY
Purchasers are solely responsible for all costs associated with removal of purchased property, including but not limited to: labor, loading, rigging, forklifts, cranes, lifts, hand tools, transportation, packaging, disposal of debris, cleanup, permits, and insurance.
Sharp Auction and the property owner shall not provide labor, tools, forklifts, ladders, lifts, equipment, or loading assistance unless specifically announced.
BUILDING PROTECTION
Purchasers shall remove all property in a safe and professional manner.
The purchaser shall be solely responsible for any damage caused during removal, including damage to: floors, walls, ceilings, doors, windows, parking lots, sidewalks, landscaping, plumbing, electrical systems, gas lines, ventilation systems, roofing, structural components, and adjacent property.
Any damage shall be repaired promptly at the purchaser's sole expense.
Sharp Auction may require proof of repairs before releasing additional purchases.
FIXTURE REMOVAL
Many items offered for sale may be permanently attached to the building.
Unless otherwise announced, purchasers are responsible for disconnecting and removing purchased fixtures without damaging the building.
Items requiring removal by licensed contractors shall only be disconnected by qualified professionals. This includes, but is not limited to: electrical equipment, gas appliances, plumbing fixtures, exhaust hoods, walk-in coolers, HVAC equipment, roof-mounted equipment, and permanently installed signage.
Purchasers are responsible for obtaining all permits, inspections, equipment, and contractors necessary for removal.
UTILITIES
No purchaser shall disconnect electrical service, gas service, plumbing, refrigeration systems, fire suppression equipment, ventilation systems, or any other building utility without prior authorization from Sharp Auction.
Where required by law or by the property owner, utility disconnections shall be performed only by qualified professionals.
PROPERTY INCLUDED IN THE AUCTION
Only property specifically identified within the auction catalog is offered for sale.
Unless specifically listed, the following remain the property of the building owner: structural components, wiring, plumbing, building framing, permanent utility systems, fire suppression systems, HVAC infrastructure, roof structure, permanently installed building improvements, and any other property not specifically cataloged.
Purchasers shall not remove any item that has not been sold to them.
FAILURE TO DELIVER
If, for any reason beyond its reasonable control, Sharp Auction is unable to deliver any purchased property or any documentation necessary to complete a sale, the purchaser's sole remedy shall be the return of any purchase price actually paid for that specific lot.
Under no circumstances shall Sharp Auction or the Consignor be liable for consequential, incidental, indirect, special, or punitive damages arising from the inability to deliver any property.
LIMITATION OF LIABILITY
Neither Sharp Auction, the Consignor, the property owner, nor any of their officers, employees, agents, contractors, or representatives shall be liable for any loss, injury, damage, delay, or expense arising from: errors or omissions in catalog descriptions, failure of internet service or bidding software, bid transmission errors, auction delays or interruptions, acts of God, weather conditions, mechanical failures, utility failures, government actions, building access restrictions, or any circumstances beyond their reasonable control.
Purchasers expressly assume all risks associated with participation in the auction.
ASSUMPTION OF RISK
Auction sites, particularly commercial and industrial facilities, may contain hazardous conditions.
Such conditions may include, but are not limited to: heavy equipment, forklift traffic, electrical hazards, gas lines, wet floors, elevated work areas, sharp objects, confined spaces, chemicals, dust, debris, and moving vehicles.
Every person entering the auction premises, whether before, during, or after the auction, does so entirely at their own risk.
RELEASE OF LIABILITY
By entering the auction premises, each participant agrees to release, indemnify, and hold harmless: Sharp Auction, the Consignor, the property owner, and their respective officers, employees, agents, contractors, and representatives, from any claim for injury, death, property damage, economic loss, or other damages arising from participation in the auction except where caused by gross negligence or willful misconduct.
INDEMNIFICATION
Purchasers agree to indemnify, defend, and hold harmless Sharp Auction, the Consignor, and the property owner from any claims, damages, losses, liabilities, judgments, penalties, attorney's fees, court costs, or expenses arising from: removal of purchased property, damage to the premises, injury to persons, violation of applicable laws, failure to obtain required permits, and acts or omissions of the purchaser or the purchaser's employees, contractors, agents, or representatives.
COMPLIANCE WITH LAWS
Purchasers are solely responsible for complying with all applicable federal, state, county, and local laws governing: transportation, removal, firearm transfers, environmental regulations, occupational safety requirements, licensing requirements, utility disconnections, disposal of waste materials, vehicle registration, and any other legal requirements applicable to purchased property.
Sharp Auction assumes no responsibility for advising purchasers regarding legal compliance.
GOVERNING LAW
These Terms & Conditions shall be governed by and interpreted under the laws of the State of Nevada.
Any legal action arising from these Terms & Conditions or the auction shall be brought exclusively in a court of competent jurisdiction located within the State of Nevada unless otherwise required by law.
SEVERABILITY
If any provision of these Terms & Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
ENTIRE AGREEMENT
These Terms & Conditions, together with the auction catalog, announcements made by the Auctioneer, and any posted auction notices, constitute the entire agreement between Sharp Auction and each bidder.
Any oral statements or representations not contained within these documents shall not modify these Terms & Conditions.
Announcements made by the Auctioneer on the day of the auction shall take precedence over any prior printed or electronic material.
PHOTOGRAPHY & RECORDING
Sharp Auction reserves the right to photograph, videotape, livestream, or otherwise record the auction premises, auction activities, auction property, bidders, purchasers, removal operations, vehicles, equipment, and other related activities for documentation, security, advertising, marketing, training, historical record, or promotional purposes.
By entering the auction premises or participating in the auction, each participant grants Sharp Auction the irrevocable right to use, reproduce, publish, display, distribute, and otherwise utilize such photographs, video recordings, or other media in any format or medium now known or hereafter developed, without compensation or further notice.
Participants who do not wish to appear in promotional materials should notify Sharp Auction in advance. While reasonable efforts may be made to accommodate such requests, Sharp Auction cannot guarantee that individuals will not appear incidentally in photographs or video recordings taken during the normal course of the auction.
ELECTRONIC REGISTRATION & ACCEPTANCE
Registration for the auction through the online bidding platform, acceptance of these Terms & Conditions, placement of electronic bids, and other electronic communications relating to the auction shall constitute the bidder's electronic signature and agreement to be legally bound by these Terms & Conditions.
Electronic records maintained by Sharp Auction or the online bidding platform, including bidder registration, acceptance of Terms & Conditions, bidding history, invoices, payment records, and other transaction records, shall be deemed authentic business records and may be relied upon in resolving disputes or enforcing these Terms & Conditions.
By participating in the auction electronically, the bidder acknowledges that electronic communications and electronic signatures shall have the same legal force and effect as handwritten signatures and paper records, to the fullest extent permitted by applicable law.
ACCEPTANCE OF TERMS
By registering for the auction, placing a bid, or participating in the auction in any manner, each bidder acknowledges that they have: read these Terms & Conditions, understood these Terms & Conditions, had the opportunity to ask questions regarding these Terms & Conditions, and agreed to be legally bound by these Terms & Conditions.
SHARP AUCTION
5985 Rose Creek Rd, Winnemucca, NV 89445
Phone: 775-587-8400 | info@sharpauction.com
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