BRAND NEW: CFG Mini Excavators, Assorted Buildings, and Container! - Delanson, NY
Brand New CFG Mini Excavators with Varying Features & Capacities, Chicken Coops, Sheds, and a Container!
Begins: Tuesday, Mar 31, 2026, 4:00PM EST
Location: 9423 Western Tpke, Delanson, NY 12053.
Preview: Friday, April 10, 9:00 AM - 10:00 AM!
Begins Closing: Monday, April 13, 11:00 AM.
Removal By Appointment Only: Thursday, April 16, 9:00 AM - 12:00 PM.
PLEASE CLICK MORE LOT INFO FOR IMPORTANT INFORMATION AND ADDITIONAL PICTURES.
NO OTHER PICKUP DATES AVAILABLE, PLEASE DO NOT ASK. IF YOU CANNOT ATTEND THE SCHEDULED REMOVAL, PLEASE ARRANGE FOR SOMEONE TO PICKUP YOUR ITEMS AS SCHEDULED.
PLEASE CLICK MORE LOT INFO FOR IMPORTANT INFORMATION AND ADDITIONAL PICTURES.
Payments can be made via credit card in your member area or CASH payments will be accepted during removal at the pickup site.
Categories
Terms And Conditions
BIDDER CERTIFICATION, CONTRACT, T E R M S AND CONDITIONS
ONLINE AUCTION SALES CONDUCTED, HOSTED OR OTHERWISE ADMINISTERED BY COLLAR CITY AUCTIONS, INC., OR DESIGNEE. (AUCTION COMPANY OR AUCTION COMPANY) EITHER THROUGH AUCTION COMPANYS WEBSITE WWW.COLLARCITYAUCTIONS.COM or WWW.COLLARCITYAUCTIONSONLINE.COM OR ANY OTHER WEBSITE DESIGNATED BY AUCTION COMPANY FOR THE PURPOSE OF CONDUCTING AN ONLINE AUCTION.
NOTICE: Effective Immediately: The Auction Company shall accept credit/debit card payments only for invoices with a "Balance Due," of $3,000.00 or less. Any invoice with a "Balance Due," of $3,000.01 or greater must be paid by cash, wire transfer or official bank check drawn on an FDIC Insured financial institution. (money orders are not accepted).
1. NOTICE: I, THE BIDDER AS PURCHASER UNCONDITIONALLY AND EXPRESSLY GRANT PERMISSION TO THE AUCTION COMPANY OR ITS REPRESENTATIVE(S) AS FOLLOWS: BIDDERS WHO DO NOT PAY WILL AUTOMATICALLY HAVE YOUR CREDIT CARD CHARGED WITH THE FULL AMOUNT DUE, PLUS A 15% ADMINISTRATIVE FEE, NOT AS A PENALTY, BUT AS LIQUIDATED DAMAGES TO THE AUCTION COMPANY. BY BECOMING A MEMBER OF OUR SITE, REGISTERING TO BID WITHIN ANY AUCTION AND CLICKING BELOW/ELECTRONICALLY SIGNING THE BIDDER CERTIFICATION, CONTRACT, T E R M S AND CONDITIONS, YOU EXPRESSLY AND UNCONDITIONALLY AGREE AND ACKNOWLEDGE TO BE FULLY BOUND TO ALL TERMS HEREIN THAT YOU HAVE READ AND IF NECESSARY HAVE HAD THE OPPORTUNITY TO REVIEW WITH COUNSEL PRIOR TO PLACING ANY BIDS. I further acknowledge that, at the sole discretion of the auction company, my account may be suspended or revoked as site registration and bidding is a privilege and MY NAME AND/OR BUSINESS NAME AND LOCALITY may be posted on the Auction Companies "Prohibited Bidder List" via our website(s). By agreeing to our terms of use, registering to become a member of our site, registering to participate in any auction, you acknowledge and grant irrevocable permission to the Auction Company to post my name as registered if I do not pay for all item(s) bid on and purchased.
2. Purchaser unconditionally agrees that any items not retrieved during scheduled removal shall be considered immediately abandoned without recourse and no refunds or credits shall be issued. We encourage all bidders and buyers to make arrangements prior to the auction closing as the removal dates are posted well in advance.
3. YOU WILL RECEIVE AN INVOICE VIA EMAIL WITHIN APPROXIMATELY 24 HOURS AFTER THE AUCTION IS COMPLETED. YOU MUST LOG IN TO YOUR MEMBER AREA TO PAY VIA CREDIT CARD. (NO AMERICAN EXPRESS OR PREPAID CARDS ARE PERMITED)
4. REMOVAL: See individual lot description for shipping details. Language is also provided hereto, but lot description shall take precedence. All Shipping and packaging, if any, shall be provided (INDEPENDENTLY) by The UPS Store, locally owned and operated by Rachael Franklin at an additional cost to the purchaser and independently from the auction company. All items will be shipped with insurance at the buyer’s expense. You must call 518-843-0550 to arrange shipping of your items once full payment has been received by the Auction Company. Local purchasers may pick purchases up as noted in Lot Description.
5. FULL PAYMENT MUST BE RECEIVED AS LISTED BY THE AUCTION COMPANY and Auction Company Invoicing Post Auction. It is the Buyers responsibility to contact the Auction Company if they do not receive an invoice via email within 24-hours after auction closes. Failure of buyer to supply a correct email address or claim of no invoice is not grounds to cancel bid or obligations to perform.
6. A Standard Buyer’s Premium will be assessed on all lots purchased. This premium is added to the high bid price to determine the final invoice amount.
Standard Buyer’s Premium Rates (Applied to Credit Card, Debit Card, & Online Payments):
• $0 - $50,000 Bid Price: 22%
• $50,001 - $75,000 Bid Price: 21%
• $75,001 - $99,999 Bid Price: 20%
• $100,000 and Up Bid Price: 19%
Cash Discount: A 4% Cash Discount (resulting in a lower Buyer's Premium) is available for invoices paid entirely via Cash, Wire Transfer, or Official Bank Check.
• Discounted BP for Cash/Wire: 18% ($0-$50k), 17% ($50k-$75k), 16% ($75k-$99k), 15% ($100k+).
Note: Payments made via Debit Card do not qualify for the Cash Discount and will be assessed at the Standard Buyer's Premium rate.
Buyers that do not pay on time shall be assessed a 15% late fee in addition to the initial total amount due.
Please be sure to read additional Auction Terms thoroughly.
Notice: Please read these terms and conditions thoroughly prior to registration. By checking the boxes and clicking 'submit registration' button all bidders and other persons participating in Auction Company’s online auctions agree that they read, write, speak and clearly understand the English language and have read these terms and conditions and have full knowledge of these online terms and conditions and unconditionally agree to perform and be bound thereby without reservation.
7. Identification: All purchasers are required to give full name (First and Last), company name, address, phone number, fax number, cell phone or secondary contact number, VALID email address, VALID credit or debit card information and VALID banking information when required. Your credit card will be charged $2.00 hold and release to verify the card is valid before being approved to bid, which will be immediately refunded. This is done only to verify the card is valid and must match the billing address of the card used.
8. Anyone under the age of 21, or who for whatever reason is unable to enter into legally binding contracts, are prohibited from using our online auction or participating in any online auctions hosted by Auction Company.
9. Read these terms of sale carefully. By participating in the auction, you agree to these terms and make representations as set forth herein. These terms are legally binding and if you violate any of them, Auction Company, or the Seller may seek legal relief, including but not limited to reporting your conduct to appropriate law enforcement entities. Please note that these terms include an agreement by which you wholly indemnify the Seller and Auction Company.
10. TERMS OF SALE - APPLICABLE TO ALL BIDS/SALES: a. All deposits, bidding and invoicing will be in U.S. dollars ($) only.
b. When required by Auction Company, all bidders will be required to tender a deposit or credit card authorization in order to register to bid. No bidders will be registered without tendering said deposit or credit card authorization. The amount of deposit will be set by Auction Company on a case-by-case basis and will be posted on Auction Company’s website and/or shown herein. Deposits may be made by cash, certified funds, wire transfer, or credit/debit card (with sufficient available credit) only. Auction Company will post the requirements for each auction and/or each item or parcel on Auction Company’s website and/or herein. Personal checks and company checks will not be accepted. If Bidder elects to pay the down payment by wire transfer, a nonrefundable wire transfer reimbursement fee of $35.00 is required if Bidder resides in the United States, or $65.00 if Bidder resides outside the United States. This nonrefundable fee is to defray Auction Company’s costs and expenses of processing the wire transfer payments. In no event shall any wire transfer fees be reimbursed.
c. Once your online bid is submitted, you have entered into a binding contract with Auction Company and the Seller, and you are unconditionally obligated to pay for your winning bid(s). Bidders must have adequate financial resources to fulfill bid commitments. By bidding, you are agreeing to be held personally liable for the bid amount, and any other fees or applicable taxes, whether the item description specifies the fees, taxes or assessments that may be applicable to the purchase of the item or property. No Bid may be withdrawn for any reason.
d. Winning bidders who fail to pay for their bids (FOR WHATEVER REASON) will be assessed a penalty fee equal to 15% of the total outstanding invoice(s). This fee or monies available on any credit card will be charged to any registrant, agent or other person or entity that registered/bid with the Auction Company. If applicable, forfeit any monies already on deposit. At the sole discretion of the Auction Company, the bidder’s membership and or bidding privileges may be suspended or revoked from participation in current or future auctions. By using this on-line auction service and electronically signing herein, you unconditionally agree that any dispute concerning the auction, payments and payment methods, removal of purchased merchandise, any bid, use of the online auction service, or goods or property purchased through this on-line auction shall be governed by the TERMS & CONDITIONS AS SETFORTH HEREIN AND ADDITIONAL TERMS CONTAINED IN LOT DESCRIPTION and without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction that would cause the application of the laws of any jurisdiction other than the State of New York, and that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any such claim, dispute or legal action shall be the New York State Supreme Court, County of Schenectady or at the option of Auction Company, in any court of competent jurisdiction or any courts located in the county in which the Auction Company is located. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.
Bidder agrees that bidder will not bring any action or proceeding arising out of or relating to this agreement in any other court. If bidder commences a claim or legal action in any jurisdiction or before any tribunal other than New York State Supreme Court, Schenectady County you hereby expressly agree to be liable for all attorney’s fees, court costs, disbursements and the like incurred by Auction Company or Seller in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, additional fees or administrative fees, or any portion thereof, then you shall be liable for all attorney’s fees, court costs, time and disbursements incurred by Auction Company or the Seller in attempting to collect the amounts due and shall be billed at $395.00 per man hour. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute, or legal action between the parties to this agreement shall not be recoverable by one party against the other. The bidder or buyer unconditionally agrees, authorizes, and grants sole authorization to Auction Company or their agents to reserve all rights to commence an action against the bidder(s) or buyer(s) in a court of their choice and all other applicable terms shall be binding and enforceable.
e. All sales are final. Once your bid is accepted as the high bid, no refunds, exchanges, or credits will be issued for any reason whatsoever. Your lack of a thorough inspection or lack of announced or posted description revisions are not the problem of the Auction Company or Seller.
f. Any bidders having submitted a deposit with Auction Company, but not winning any bid in the auction, will be entitled to a full refund (less any non-refundable fees or wire transfer fees if applicable). Auction Company will use its best efforts to make such refunds to non-winning bidders as soon as possible post auction. Upon return of the deposit, this agreement shall automatically terminate, and Bidder and Auction Company shall be deemed to have released each other from all obligations hereunder as if this agreement was never executed, and Bidder shall not have nor make any claims to the Property or against Auction Company or any Sellers having participated in the auction.
g. Anyone outside of the continental United States will be required to supply Auction Company with complete Name, Company Name, Mailing Address, Country of Origin and may be required, at discretion of the Auction Company, to submit a deposit prior to auction ending.
h. Sales tax: Tax exempt purchaser's: MUST complete a New York State ST-120 or ST-125 Form available on the online auction and return to our office via fax: 518-895-8152 or email: reception@collarcityauctions.com PRIOR TO THE AUCTION ENDING or be subject to applicable sales taxes. We will not make any exceptions. Send the form as required or pay the sales tax. Please do not send them AFTER AUCTION CLOSES and expect us to revise our completed records because you did not read this when registering, during bidding, in the lot description and now. However, we will be happy to revise your invoice after the deadline for a $75.00 fee and will make revision once the revision fee has been received in full.
i. Bankruptcy: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the Auction Company, the sale may be voided with the seller and Auction Company reserving all rights to pursue collection of any deficiency or loss.
j. Additional terms and conditions: The Auction Company may add or revise terms and conditions of sale, such additional terms and conditions that will be posted on the Auction Company’s website.
k. Indemnification: Purchaser agrees to indemnify and hold Auction Company, its principals, agents, staff and the seller harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with Federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
l. Claims: No claims will be allowed once bidder becomes winning bidder.
Purchase immediately becomes the sole and exclusive responsibility of the "bidder as purchaser" and relieves Auction Company and Seller, its principals, and agents of any and all liabilities that may arise from damage, theft or loss prior to removal of goods from premises.
m. Responsibility for non-delivery: Auction Company shall not, in any event, be liable for non-delivery of any matter or thing, to any purchaser of any lot.
n. Compliance with terms of sale-failure to remove items: In default of payment of bills in full within the time therein specified, the Auction Company in addition to all other remedies allowed by law may retain all monies received as deposit or payment or otherwise, not as a penalty, but as liquidated damages. Lots not paid for and removed within the time allowed may be resold at public or private sale or disposed of without further notice, and any deficiency, together with all expenses and charges of re-sale, collection, and associated expenses, including, but not limited to attorney’s fees will be charged to the defaulting purchaser. Bidder as purchaser unconditionally authorizes Auction Company to charge all fees to Credit/Debit Card on file without recourse and agrees to unconditionally and forever forgo all rights to dispute or reject any charge backs.
o. Risk to person and property: Persons attending during exhibition, inspection or removal of goods assume all risks of damage or loss to person and property and specifically release the Auction Company and the Seller, its principals, and agents from liability herefore.
Neither the Auction Company nor its principal nor agents shall be liable by reason of any defect in or condition of the items on which the sale is based.
p. Addition to or withdrawal from sale: The Auction Company and Seller reserve the right to withdraw or add from sale any of the property listed or to sell at this sale property not listed and reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the Auction Company reserves the right to sell all the property listed, in bulk, and place bids on behalf of the seller or themselves.
q. Dispute between bidders: If any dispute arises between two or more bidders, the Auction Company may decide the same or put the lot up for sale again and resell to the highest bidder. The Auction Company’s decision shall be final and absolute. r. Reserve: The Auction Company reserves the right to reject any and all bids. On lots upon which there may be a reserve, the Auction Company shall have the right to bid on behalf of the Seller.
s. Records: The record of sale kept by the Auction Company and any bookkeeper will be taken as final in the event of any dispute.
t. Agency: The Auction Company is acting as agent between the seller/consignor and bidder as purchaser, only and is not responsible for the acts of their or its principals, acts of the seller, seller's agents. Buyer unconditionally acknowledges that the purchase transaction is taking place solely between the seller and the purchaser and the Auction Company, its principals and agents are strictly acting in the capacity of the Sellers agent.
u. Conduct of Strictly Online Auction: Auction Company uses dynamic ending times for all online auctions. Online auction ending times will be extended by two-minute intervals if bids are placed during the last minutes of the scheduled auction ending time. Such an extension of the ending time of the auction will continue, in two-minute intervals, as long as active bidding continues. Once there are 120 seconds or so without any bidding, no further extensions will be given, and the auction will end. This does not apply to Live Simulcast Auctions.
ONLINE AUCTION SALES CONDUCTED, HOSTED OR OTHERWISE ADMINISTERED BY COLLAR CITY AUCTIONS, INC., OR DESIGNEE. (AUCTION COMPANY OR AUCTION COMPANY) EITHER THROUGH AUCTION COMPANYS WEBSITE WWW.COLLARCITYAUCTIONS.COM or WWW.COLLARCITYAUCTIONSONLINE.COM OR ANY OTHER WEBSITE DESIGNATED BY AUCTION COMPANY FOR THE PURPOSE OF CONDUCTING AN ONLINE AUCTION.
NOTICE: Effective Immediately: The Auction Company shall accept credit/debit card payments only for invoices with a "Balance Due," of $3,000.00 or less. Any invoice with a "Balance Due," of $3,000.01 or greater must be paid by cash, wire transfer or official bank check drawn on an FDIC Insured financial institution. (money orders are not accepted).
1. NOTICE: I, THE BIDDER AS PURCHASER UNCONDITIONALLY AND EXPRESSLY GRANT PERMISSION TO THE AUCTION COMPANY OR ITS REPRESENTATIVE(S) AS FOLLOWS: BIDDERS WHO DO NOT PAY WILL AUTOMATICALLY HAVE YOUR CREDIT CARD CHARGED WITH THE FULL AMOUNT DUE, PLUS A 15% ADMINISTRATIVE FEE, NOT AS A PENALTY, BUT AS LIQUIDATED DAMAGES TO THE AUCTION COMPANY. BY BECOMING A MEMBER OF OUR SITE, REGISTERING TO BID WITHIN ANY AUCTION AND CLICKING BELOW/ELECTRONICALLY SIGNING THE BIDDER CERTIFICATION, CONTRACT, T E R M S AND CONDITIONS, YOU EXPRESSLY AND UNCONDITIONALLY AGREE AND ACKNOWLEDGE TO BE FULLY BOUND TO ALL TERMS HEREIN THAT YOU HAVE READ AND IF NECESSARY HAVE HAD THE OPPORTUNITY TO REVIEW WITH COUNSEL PRIOR TO PLACING ANY BIDS. I further acknowledge that, at the sole discretion of the auction company, my account may be suspended or revoked as site registration and bidding is a privilege and MY NAME AND/OR BUSINESS NAME AND LOCALITY may be posted on the Auction Companies "Prohibited Bidder List" via our website(s). By agreeing to our terms of use, registering to become a member of our site, registering to participate in any auction, you acknowledge and grant irrevocable permission to the Auction Company to post my name as registered if I do not pay for all item(s) bid on and purchased.
2. Purchaser unconditionally agrees that any items not retrieved during scheduled removal shall be considered immediately abandoned without recourse and no refunds or credits shall be issued. We encourage all bidders and buyers to make arrangements prior to the auction closing as the removal dates are posted well in advance.
3. YOU WILL RECEIVE AN INVOICE VIA EMAIL WITHIN APPROXIMATELY 24 HOURS AFTER THE AUCTION IS COMPLETED. YOU MUST LOG IN TO YOUR MEMBER AREA TO PAY VIA CREDIT CARD. (NO AMERICAN EXPRESS OR PREPAID CARDS ARE PERMITED)
4. REMOVAL: See individual lot description for shipping details. Language is also provided hereto, but lot description shall take precedence. All Shipping and packaging, if any, shall be provided (INDEPENDENTLY) by The UPS Store, locally owned and operated by Rachael Franklin at an additional cost to the purchaser and independently from the auction company. All items will be shipped with insurance at the buyer’s expense. You must call 518-843-0550 to arrange shipping of your items once full payment has been received by the Auction Company. Local purchasers may pick purchases up as noted in Lot Description.
5. FULL PAYMENT MUST BE RECEIVED AS LISTED BY THE AUCTION COMPANY and Auction Company Invoicing Post Auction. It is the Buyers responsibility to contact the Auction Company if they do not receive an invoice via email within 24-hours after auction closes. Failure of buyer to supply a correct email address or claim of no invoice is not grounds to cancel bid or obligations to perform.
6. A Standard Buyer’s Premium will be assessed on all lots purchased. This premium is added to the high bid price to determine the final invoice amount.
Standard Buyer’s Premium Rates (Applied to Credit Card, Debit Card, & Online Payments):
• $0 - $50,000 Bid Price: 22%
• $50,001 - $75,000 Bid Price: 21%
• $75,001 - $99,999 Bid Price: 20%
• $100,000 and Up Bid Price: 19%
Cash Discount: A 4% Cash Discount (resulting in a lower Buyer's Premium) is available for invoices paid entirely via Cash, Wire Transfer, or Official Bank Check.
• Discounted BP for Cash/Wire: 18% ($0-$50k), 17% ($50k-$75k), 16% ($75k-$99k), 15% ($100k+).
Note: Payments made via Debit Card do not qualify for the Cash Discount and will be assessed at the Standard Buyer's Premium rate.
Buyers that do not pay on time shall be assessed a 15% late fee in addition to the initial total amount due.
Please be sure to read additional Auction Terms thoroughly.
Notice: Please read these terms and conditions thoroughly prior to registration. By checking the boxes and clicking 'submit registration' button all bidders and other persons participating in Auction Company’s online auctions agree that they read, write, speak and clearly understand the English language and have read these terms and conditions and have full knowledge of these online terms and conditions and unconditionally agree to perform and be bound thereby without reservation.
7. Identification: All purchasers are required to give full name (First and Last), company name, address, phone number, fax number, cell phone or secondary contact number, VALID email address, VALID credit or debit card information and VALID banking information when required. Your credit card will be charged $2.00 hold and release to verify the card is valid before being approved to bid, which will be immediately refunded. This is done only to verify the card is valid and must match the billing address of the card used.
8. Anyone under the age of 21, or who for whatever reason is unable to enter into legally binding contracts, are prohibited from using our online auction or participating in any online auctions hosted by Auction Company.
9. Read these terms of sale carefully. By participating in the auction, you agree to these terms and make representations as set forth herein. These terms are legally binding and if you violate any of them, Auction Company, or the Seller may seek legal relief, including but not limited to reporting your conduct to appropriate law enforcement entities. Please note that these terms include an agreement by which you wholly indemnify the Seller and Auction Company.
10. TERMS OF SALE - APPLICABLE TO ALL BIDS/SALES: a. All deposits, bidding and invoicing will be in U.S. dollars ($) only.
b. When required by Auction Company, all bidders will be required to tender a deposit or credit card authorization in order to register to bid. No bidders will be registered without tendering said deposit or credit card authorization. The amount of deposit will be set by Auction Company on a case-by-case basis and will be posted on Auction Company’s website and/or shown herein. Deposits may be made by cash, certified funds, wire transfer, or credit/debit card (with sufficient available credit) only. Auction Company will post the requirements for each auction and/or each item or parcel on Auction Company’s website and/or herein. Personal checks and company checks will not be accepted. If Bidder elects to pay the down payment by wire transfer, a nonrefundable wire transfer reimbursement fee of $35.00 is required if Bidder resides in the United States, or $65.00 if Bidder resides outside the United States. This nonrefundable fee is to defray Auction Company’s costs and expenses of processing the wire transfer payments. In no event shall any wire transfer fees be reimbursed.
c. Once your online bid is submitted, you have entered into a binding contract with Auction Company and the Seller, and you are unconditionally obligated to pay for your winning bid(s). Bidders must have adequate financial resources to fulfill bid commitments. By bidding, you are agreeing to be held personally liable for the bid amount, and any other fees or applicable taxes, whether the item description specifies the fees, taxes or assessments that may be applicable to the purchase of the item or property. No Bid may be withdrawn for any reason.
d. Winning bidders who fail to pay for their bids (FOR WHATEVER REASON) will be assessed a penalty fee equal to 15% of the total outstanding invoice(s). This fee or monies available on any credit card will be charged to any registrant, agent or other person or entity that registered/bid with the Auction Company. If applicable, forfeit any monies already on deposit. At the sole discretion of the Auction Company, the bidder’s membership and or bidding privileges may be suspended or revoked from participation in current or future auctions. By using this on-line auction service and electronically signing herein, you unconditionally agree that any dispute concerning the auction, payments and payment methods, removal of purchased merchandise, any bid, use of the online auction service, or goods or property purchased through this on-line auction shall be governed by the TERMS & CONDITIONS AS SETFORTH HEREIN AND ADDITIONAL TERMS CONTAINED IN LOT DESCRIPTION and without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction that would cause the application of the laws of any jurisdiction other than the State of New York, and that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any such claim, dispute or legal action shall be the New York State Supreme Court, County of Schenectady or at the option of Auction Company, in any court of competent jurisdiction or any courts located in the county in which the Auction Company is located. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.
Bidder agrees that bidder will not bring any action or proceeding arising out of or relating to this agreement in any other court. If bidder commences a claim or legal action in any jurisdiction or before any tribunal other than New York State Supreme Court, Schenectady County you hereby expressly agree to be liable for all attorney’s fees, court costs, disbursements and the like incurred by Auction Company or Seller in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, additional fees or administrative fees, or any portion thereof, then you shall be liable for all attorney’s fees, court costs, time and disbursements incurred by Auction Company or the Seller in attempting to collect the amounts due and shall be billed at $395.00 per man hour. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute, or legal action between the parties to this agreement shall not be recoverable by one party against the other. The bidder or buyer unconditionally agrees, authorizes, and grants sole authorization to Auction Company or their agents to reserve all rights to commence an action against the bidder(s) or buyer(s) in a court of their choice and all other applicable terms shall be binding and enforceable.
e. All sales are final. Once your bid is accepted as the high bid, no refunds, exchanges, or credits will be issued for any reason whatsoever. Your lack of a thorough inspection or lack of announced or posted description revisions are not the problem of the Auction Company or Seller.
f. Any bidders having submitted a deposit with Auction Company, but not winning any bid in the auction, will be entitled to a full refund (less any non-refundable fees or wire transfer fees if applicable). Auction Company will use its best efforts to make such refunds to non-winning bidders as soon as possible post auction. Upon return of the deposit, this agreement shall automatically terminate, and Bidder and Auction Company shall be deemed to have released each other from all obligations hereunder as if this agreement was never executed, and Bidder shall not have nor make any claims to the Property or against Auction Company or any Sellers having participated in the auction.
g. Anyone outside of the continental United States will be required to supply Auction Company with complete Name, Company Name, Mailing Address, Country of Origin and may be required, at discretion of the Auction Company, to submit a deposit prior to auction ending.
h. Sales tax: Tax exempt purchaser's: MUST complete a New York State ST-120 or ST-125 Form available on the online auction and return to our office via fax: 518-895-8152 or email: reception@collarcityauctions.com PRIOR TO THE AUCTION ENDING or be subject to applicable sales taxes. We will not make any exceptions. Send the form as required or pay the sales tax. Please do not send them AFTER AUCTION CLOSES and expect us to revise our completed records because you did not read this when registering, during bidding, in the lot description and now. However, we will be happy to revise your invoice after the deadline for a $75.00 fee and will make revision once the revision fee has been received in full.
i. Bankruptcy: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the Auction Company, the sale may be voided with the seller and Auction Company reserving all rights to pursue collection of any deficiency or loss.
j. Additional terms and conditions: The Auction Company may add or revise terms and conditions of sale, such additional terms and conditions that will be posted on the Auction Company’s website.
k. Indemnification: Purchaser agrees to indemnify and hold Auction Company, its principals, agents, staff and the seller harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with Federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
l. Claims: No claims will be allowed once bidder becomes winning bidder.
Purchase immediately becomes the sole and exclusive responsibility of the "bidder as purchaser" and relieves Auction Company and Seller, its principals, and agents of any and all liabilities that may arise from damage, theft or loss prior to removal of goods from premises.
m. Responsibility for non-delivery: Auction Company shall not, in any event, be liable for non-delivery of any matter or thing, to any purchaser of any lot.
n. Compliance with terms of sale-failure to remove items: In default of payment of bills in full within the time therein specified, the Auction Company in addition to all other remedies allowed by law may retain all monies received as deposit or payment or otherwise, not as a penalty, but as liquidated damages. Lots not paid for and removed within the time allowed may be resold at public or private sale or disposed of without further notice, and any deficiency, together with all expenses and charges of re-sale, collection, and associated expenses, including, but not limited to attorney’s fees will be charged to the defaulting purchaser. Bidder as purchaser unconditionally authorizes Auction Company to charge all fees to Credit/Debit Card on file without recourse and agrees to unconditionally and forever forgo all rights to dispute or reject any charge backs.
o. Risk to person and property: Persons attending during exhibition, inspection or removal of goods assume all risks of damage or loss to person and property and specifically release the Auction Company and the Seller, its principals, and agents from liability herefore.
Neither the Auction Company nor its principal nor agents shall be liable by reason of any defect in or condition of the items on which the sale is based.
p. Addition to or withdrawal from sale: The Auction Company and Seller reserve the right to withdraw or add from sale any of the property listed or to sell at this sale property not listed and reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the Auction Company reserves the right to sell all the property listed, in bulk, and place bids on behalf of the seller or themselves.
q. Dispute between bidders: If any dispute arises between two or more bidders, the Auction Company may decide the same or put the lot up for sale again and resell to the highest bidder. The Auction Company’s decision shall be final and absolute. r. Reserve: The Auction Company reserves the right to reject any and all bids. On lots upon which there may be a reserve, the Auction Company shall have the right to bid on behalf of the Seller.
s. Records: The record of sale kept by the Auction Company and any bookkeeper will be taken as final in the event of any dispute.
t. Agency: The Auction Company is acting as agent between the seller/consignor and bidder as purchaser, only and is not responsible for the acts of their or its principals, acts of the seller, seller's agents. Buyer unconditionally acknowledges that the purchase transaction is taking place solely between the seller and the purchaser and the Auction Company, its principals and agents are strictly acting in the capacity of the Sellers agent.
u. Conduct of Strictly Online Auction: Auction Company uses dynamic ending times for all online auctions. Online auction ending times will be extended by two-minute intervals if bids are placed during the last minutes of the scheduled auction ending time. Such an extension of the ending time of the auction will continue, in two-minute intervals, as long as active bidding continues. Once there are 120 seconds or so without any bidding, no further extensions will be given, and the auction will end. This does not apply to Live Simulcast Auctions.