Terms and Conditions

Terms & Conditions for Tri State Online Auction Corporation

This is a legal agreement between you, as a buyer or seller, and The SITE OWNER or Auction Co.

You must be at least 18 years old to bid.

Bid.Tristateonlineaucton.com (hereinafter referred to as Auction Co.) at its sole discretion, may ban from further use any buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

LIQUIDATED DAMAGES FEE:  BIDDER explicitly authorizes the charging of his or her credit card for the liquidated damages fee which are applied when bidder/buyer’s invoice(s) are not paid in full within 8 days of auction date. Liquidated damages fee will equal up to 20% (or minimum of $25.00) of total purchase price during the auction or immediately following the auction. Note that the purchase price is the sum of the bid price, buyer’s premium, buyer's fee, and sales tax if applicable. Liquidated damages fee is assessed based on damages to be recovered by Auction Co.; although actual damages are difficult to ascertain because of risk and costs associated with re-listing an item, storing it for an undetermined amount of time and, in certain circumstances, needing to physically relocate an item. 

ALL ITEMS on the auction sell subject to the Auction Co.’s acceptance or rejection of the high bid.

BUYER’S PREMIUM: A buyer's premium is a percentage added to the winning bid amount payable by the buyer used to help cover the auction's administrative costs. A buyer’s premium will be added to all purchases. This buyer’s premium varies, depending on the auction. The actual buyer’s premium in effect will be noted on the additional information page. You will see this additional information page when you click on the button to view the items that will be selling. You may also call us to find out the exact amount of the buyer’s premium for any auction. 

What is PRE-BIDDING?

• You can place bids on an item before the auction starts, this is especially helpful if you will not be available on the day of the auction. 
• When an item status shows as “Pre-Bidding” this simply means that bids placed are not displayed on the auction site until the date the auction is scheduled to open.  
• Although there may actually be pre-bids placed on the item, an item in pre-bidding status will show # of bids placed as 0 and the current bid (required bid) will show as the opening bid.    
• You may place a pre-bid through the same process as normal bidding. You can monitor & view your bidding activity on items in pre-bid status from your Watch List.  
• When you place a pre-bid, if you are notified that your bid is not higher than another user’s pre-bid this means that another bidder(s) has already placed a pre-bid equal to or higher the amount of the pre-bid you are attempting to place. You will need to raise your pre-bid if you want to be in the winning position.  
• All pre-bids will be tallied and shown when the auction actually begins.

How INCREMENTAL BIDDING Works:

A bid may be placed for any amount equal to or greater than the current required bid amount, which means your bid amount is not required to be an increment of the posted bid increment.

Example:

• Current bid at $10.00 with a bid increment of $5.00.   
• Minimum bid required would be $15.00. 
• A bid may be placed for any amount equal to or greater than $15.00.  
• The bid amount is not required to be in increments of $5.00; therefore a bid could be placed for $17.00 or $76.00 or whatever amount you wish to bid as long as it is equal to or greater than the minimum bid required.  
• The winning bid may end up at any amount. It may not be divisible by the stated increment. The winning bid will be the highest 

Refer to Automatic Bidding section for further explanation of the convenient method of placing an automatic bid.

How AUTOMATIC BIDDING Works: (also known as: max bid, auto bid or proxybid)

Automatic Bidding (auto bid) option makes bidding convenient allowing you to enter the maximum bid amount* that you are willing to bid on an item. Based on your Account Preferences for notification, you may be notified whenever your auto bid increases &/or when it is exceeded.

The auction company or other bidders do not have access to see your auto bid amount. You are the only person that can see your auto bid amount (displayed in your Watch List).

Your auto bid will not “jump” to the maximum amount. The auto bid will increment up only with competing bids until either the item completes with you as the high bidder, or until your auto bid has been exceeded by another bid.

If another bidder already has an auto bid in place when you place your auto bid, the (2) competing auto bids will continue to increment until either the lower auto bid is maxed out; or if both auto bid amounts are the same the auto bid that was placed first will become winning position of the bid.

Example #1:

1. Minimum bid is at $10.00 with a $5.00 bid increment.

2. Bidder #1 places an auto bid for $77.00.

3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00.

4. Bidder #2 places an auto bid for $23.00.

5. Bids would compete with each other as follows:

 Bidder #1 - $10

 Bidder #2 - $15

 Bidder #1 - $20

 Bidder #2 - $23 (maximum auto bid placed)

 Bidder #1 - $25 (high bid position)

The high bid is $25 not $28 because Bidder #2’s auto bid was exceeded at an increment other than $5.

Example #2:

1. Minimum bid is $10.00 with a $5.00 bid increment.

2. Bidder #1 places an auto bid of $77.00.

3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00

4. Bidder #2 places an auto bid for $25.00

5. Bids would compete with each other as follows:

 Bidder #1 - $10

 Bidder #2 - $15

 Bidder #1 - $20

 Bidder #2 - $25 (maximum auto bid placed)

 Bidder #1 - $30 (high bid position)

The high bid is $30 because Bidder #2’s auto bid was exceeded at an increment equal to $5.

Example #3:

1. Minimum bid is $10.00 with a $5.00 bid increment.

2. Bidder #1 places an auto bid of $25.00.

3. No other auto bids are in place, therefore Bidder #1 is high bidder at $10.00

4. Bidder #2 places an auto bid for $25.00 (same amount as Bidder #1 auto bid)

5. Bids would compete with each other as follows:

 Bidder #1 - $10

 Bidder #2 - $15

 Bidder #1 - $20

 Bidder #2 - $25

 Bidder #1 - $25 (high bid position)

The high bid is $25 with Bidder #1 in high bid position because Bidder #1 placed the $25.00 auto bid before Bidder #2.

*Buyer’s premium and sales tax will be in addition to the winning bid amount.  

Removal, Failure to Remove &/or Failure to Pay: All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers sole risk and expense (storage costs will be charged - per day - per item - other costs additional), without waiving any rights that Auction Co. or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) If the purchases have not been paid in full and removed within the time period announced, BIDDER explicitly authorizes the charging of his or her credit card for the liquidated damages fee which are applied when bidder/buyer’s invoice(s) are not paid in full within 8 days of auction date. 

Liquidated damages fee will equal up to 20% (or minimum of $25.00) of total purchase price during the auction or immediately following the auction. Note that the purchase price is the sum of the bid price, buyer’s premium, buyer's fee, and sales tax if applicable.

Liquidated damages fee is assessed based on damages to be recovered by Auction Co.; although actual damages are difficult to ascertain because of risk and costs associated with re-listing an item, storing it for an undetermined amount of time and, in certain circumstances, needing to physically relocate an item.

Sales Tax: All bidders will be subject to the Michigan 6% sales tax unless you provide our office with the documentation we require for exemption. NOTICE: Out-of-state buyers and out-of-country buyers must pay sales tax on all items including titled items. (Unless stated differently in the auction terms)

Seller Bidding: The SELLER, their agent, or the Auction Co. RESERVE THE RIGHT TO BID on the seller's item in order to protect their investment. The auction company, in bidding for the seller as their agent, will only bid on items that require a minimum amount in order to be sold.

Seller Fees:  The SELLER agrees to pay the Auction Co. all fees as outlined in the contractual agreement between seller and the Auction Co.

Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auction Co, or Seller for any errors or omissions.

Posted closing times and displays of Auction Co.'s current time are approximate. Auction Co. reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone where the auction is located. Dynamic bidding - The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 10 minutes of bidding inactivity. Example - An item is bid on at 7:50pm. An auction is scheduled to close at 8:00pm. When this bid is placed the ending time will automatically extend to 8:10pm. When another bid is place at 8:01 the auction will extend until 8:20pm. This will give bidder 19 minutes to place another bid. If no bids are placed this auction will conclude at 8:20pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.

Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually paid by buyer.

Consent to Suit in Michigan. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Kent County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties’ transaction hereunder.

The BUYER expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auction Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the Auction Co.'s sole negligence.

Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.

DISCLAIMER OF WARRANTY AND RELEASE

You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.

The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice.

Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

LIMITATION OF LIABILITIES

YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Refund Policy: All items on the auction site are sold AS IS with no warranty or refunds. Customers are able to come to the auction site to see the items. For liability Reasons, items may be started but not moved from their spot. Please rely on your own inspection prior to bidding as all items are SOLD AS IS with NO REFUNDS OR WARRANTY.

Thank you for using this site!