Summertime Lumber & Construction

TERMS AND CONDITIONS OF AUCTION

REDFIELD GROUP AUCTIONS, INC.

BY REGISTERING TO BID OR PLACING A BID, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. ALL INTERNET BIDDERS AGREE THAT BIDS PLACED ON THE INTERNET SHALL HAVE THE SAME LEGAL EFFECT AS IF THEY WERE IN ATTENDANCE AT THE AUCTION IN PERSON.

 ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS. ALL SALES ARE FINAL.

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 1. FRAUDULENT REGISTRATION; CIRCUMVENTION OF BIDDING RESTRICTIONS

 Any individual or entity that has been suspended, restricted, or banned from bidding with RGA is strictly prohibited from registering for or participating in any auction using false, fictitious, misleading, or assumed information, or the identity of another person. 

Such conduct constitutes intentional misrepresentation, suppression of material facts, and fraud under Alabama law, and a material breach of these Terms. 

Personal Liability: Any offending party shall be personally liable for all actions taken under any associated account, regardless of the name or identity used. 

Remedies: RGA may pursue all legal and equitable remedies, including claims for fraud, breach of contract, and intentional interference with contractual relations, and may recover unpaid bids, consignor losses, administrative costs, investigative expenses, resale and re-marketing costs, court costs, and reasonable attorney's fees. RGA may cooperate with law enforcement and affected consignors. 

2. BUYER'S PREMIUM AND PAYMENT TERMS 

Buyer's Premium: 18.5% on all purchases. Bidders paying with cash, wire transfer, or cashier's check will receive a 3.5% discount on buyer's premium (net 10% buyer's premium). 

Payment Deadline: Payment must be made within 24 hours from close of auction. 

ALL INVOICES OVER $2,500 MUST BE PAID BY WIRE TRANSFER, CASH OR CASHIERS CHECK. 

Accepted Payment Methods: Visa, MasterCard, American Express, Wire Transfer, Cash, and Cashier's Check. WE DO NOT ACCEPT PERSONAL CHECKS OR MONEY ORDERS. 

Credit Card Processing: RGA reserves the right to charge the Bidder's credit card the full amount of any or all bids at any time. If your card is declined, there will be a $25 service charge for using an additional card. 

Failed Payment: If a check accepted by RGA is returned for any reason, Bidder agrees that RGA may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Alabama law. Any amount left unpaid shall accrue interest at the highest rate allowed under Alabama state law. 

Chargebacks Prohibited: Bidder agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. 

3. SALES TAX 

Sales Tax: Sales tax for items located in Alabama is required unless proper exemption documents are presented with payment. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify RGA against any claim if sales tax is not collected on Bidder's purchases. 

4. FIREARMS

 No Testing or Grading: We do not test fire any weapons nor grade them and cannot guarantee the condition or functionality of any firearm offered for sale. No warranty or guarantee is inferred nor should any be implied on any weapons. We strongly recommend that the purchaser have all weapons inspected by a professional gunsmith prior to use. 

ATF Form 4473 and Background Check: If you are purchasing a firearm, you will have to come to our office and complete an ATF Form 4473 and background check to be able to pick up firearms bought from this auction. 

FFL Transfer for Out-of-State or Shipped Firearms: If you are out of state or want your item shipped, please have your FFL dealer send us a copy of their FFL. Email it to [email protected]. All firearms must be mailed to an FFL unless they are a qualified gun under the Curio and Relics guidelines. 

Curio and Relics: If you have a Curio and Relics license and the gun qualifies, we will ship only to the address on the license, once you have provided us with a copy of your valid license. 

Shipping Charges: Buyer is responsible for shipping charges + $5 per gun box fee. RGA provides shipping on items sold if they can be shipped via USPS or UPS. In order to save on shipping costs, we package in house. RGA charges a nominal packaging fee to cover the costs of materials and labor. 

Insurance Required: Insurance is required on all packages shipped and we WILL NOT SHIP WITHOUT INSURANCE. 

Third Party Shippers: Buyer can choose to use a third party shipper to pickup, package and ship their items but RGA will not be responsible for any actions of the third party.

 5. SOFT CLOSE AUCTION 

This is a soft close auction which means that any bids placed in the final minutes will add additional time to the clock. This process will be repeated until no bids are placed in an extended period. This process gives everyone adequate time to decide if they would like to bid again and eliminates someone losing the bid because a bid was placed in the final moments of the clock.

 Extend One, Extend All: If the extensions are "Extend one, Extend All," any bids placed in the final minutes on any item will extend the clock on all items in the auction and will continue to do so until no bids are placed in the extended periods. 

Approximate Closing Times: Any advertisements or postings that refer to auction closing time are referring to an approximate time that the auction will begin closing. Auctioneer reserves the right to alter closing times, start times, extension periods, extend one-extend all, and all other matters as to the process and details of the auction. 

6. AS-IS, WHERE-IS SALE - NO WARRANTIES 

ALL PROPERTY IS SOLD "AS-IS, WHERE-IS" WITH NO WARRANTIES EXPRESS OR IMPLIED. ALL SALES ARE FINAL - NO REFUNDS OR EXCHANGES. 

No Guarantees: RGA does not guarantee year, make, model, miles, hours, running condition, physical condition, appraisals, gradings, or certifications of any item in our auctions. We try to list these items as accurately as we can; however, we are not experts on all the items we sell. 

Consignment Notice: Redfield Group Auctions does not own vehicles, equipment, and other assets consigned to our auctions. The seller understands that any claims from descriptions, condition, miles, etc. are between the owner (seller) and the purchaser. 

No Warranty of Merchantability: In no event shall RGA be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. 

Description Not Guaranteed: The description is NOT guaranteed by the auctioneer nor the seller. RGA may attempt to describe the merchandise in advertising, on the internet, and at the auction but makes no representations. RGA will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. 

Description vs. Photos: In the event that description differs from photos, description takes precedence over photos. 

7. BUYER'S RESPONSIBILITY TO INSPECT 

Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value, or any other determinative factor. Bidder shall be the sole judge of value. 

Preview Opportunity: We offer an on-site preview of auction items. Should you not agree with our terms, please don't bid because you will be held to them. 

Off-Site Bidders: Bidders who bid from off-site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. 

Legal Compliance: It is Bidder's responsibility to determine if any item is legal where they live.

Emissions and Testing: If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. All titled vehicles are sold AS-IS TOW AWAY in regards to emissions tests. Emission tests are not provided unless it is stated in the item description. If an emission test is provided, it is only valid in the area for which it was issued. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. 

8. LIMITED REMEDY FOR MISREPRESENTATION 

Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If RGA agrees that the item was materially and intentionally misrepresented, RGA will refund the Bidder's purchase price to him/her. 

Limitation of Liability: Bidder agrees that under no circumstances whatsoever will RGA ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. 

9. BIDS ARE BINDING 

BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. 

When the auctioneer or online platform says "sold," Bidder assumes full responsibility for the merchandise. 

Bid Increments: The bids are advanced at pre-set increments available on the bidding web page. 

Proxy Bidding: Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. 

10. AUCTIONEER'S DISCRETION AND RESERVES 

Right to Reject Bids: If the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction. If, having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance. RGA may reject or cancel any bid for any reason. 

Reserve Prices: From time to time, RGA may accept items with secret reserve prices. The seller and RGA reserve the right to bid on behalf of the seller on items on which there may be a reserve. 

Auctioneer Bidding: The Auctioneer reserves the right to bid on behalf of Buyers/Seller/Secured parties. This is a Public Auction and as such, all qualified bidders may bid including RGA owners, family members, and employees. 

Right to Withdraw Items: RGA reserves the right to withdraw an item from the auction for any reason even if bids have been placed on that item. RGA reserves the right to withdraw or re-catalog items in this auction. 

Auction Record: The record of the auction made by RGA shall be conclusive. 

11. INTERNET BIDDING DISCLAIMER 

RGA is providing online internet bidding (through a third party) as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall Bidder have any kind of claim against RGA or anyone else if the internet service fails to work correctly before or during the auction. 

No Liability for Missed Bids: RGA will not be responsible for any missed bids from any source. The auction company shall not be held responsible for any 'missed' bids or bids unseen by the auctioneer and bidder is responsible for any and all bids placed on their account. 

Software Issues: In the event of any software problem, mistake, or other issue, RGA reserves the right to extend the closing times, stop, restart, or cancel this auction at its sole discretion. 

Sale Finalization: Even though an item may display as "sold" on the internet, no sales are final until they are certified by RGA and Bidder receives an invoice. RGA reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. 

12. PICKUP AND REMOVAL 

Removal Deadline: All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED DURING TIMES POSTED FOR THIS AUCTION UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH RGA OR IT IS BEING SHIPPED. 

Late Pickup Fees: ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $10 PER LOT, PER DAY ADDED AND THE ITEMS MAY BE FORFEITED WITH NO REFUNDS. Bidder agrees that any merchandise not removed during posted load out times will be forfeited with no refunds. Bidder shall have no claim to merchandise not removed within the posted load out times. 

Shipping: We will bill your credit card for shipping. All shipping charges will be billed to the credit card you registered with in a separate bill. 

13. TITLE AND SECURITY INTEREST 

Transfer of Title: Title to the merchandise transfers to Bidder only when Bidder's payment is honored. Ownership title passes upon receipt of good payment from the buyer. 

Security Interest: Seller and/or RGA has a security interest in the assets until final valid payment has been received. In the event of a dispute or chargeback, Seller and/or RGA maintain the security interest and Buyer agrees that all assets will be returned within 24 hours of such action and further agrees to compensate Seller and/or RGA for any depreciation in the assets and any costs associated with recovery including any attorney fees and resale fees they incur. 

14. DEFAULT AND REMEDIES 

If buyer fails to make payment within the terms specified herein: (a) seller may immediately offer the items for resale and buyer agrees to pay any deficiency between the price paid and resale price, (b) seller has the right to enforce specific performance and any other remedies available. 

Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of Terms & Conditions of auction, or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may result in the resale of the property and the cost of re-marketing said property. Additional commissions shall be due and payable. 

Unavailability of Item: In the event an item cannot be provided to the winning bidder because of theft, acts of God, war, or any other reason, the buyer will be entitled to compensation equal to the money paid for the item as compensation and no more. 

15. LIABILITY RELEASE AND INDEMNIFICATION 

All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Redfield Group Auctions, Inc., Redfield Group Auctions, Inc. employees, agents, and contractors (all herein referred to as RGA) from any liability. 

Buyer Responsibility for Damage: Buyer shall be responsible for any damage they cause to the premises or items on the premises when they are picking up or loading their items. In the event the buyer is utilizing a third party shipper, buyer still assumes full responsibility for any damages caused by the third party or appointed person they have hired. 

16. REGISTRATION AND IDENTIFICATION 

RGA may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification RGA may request including but not limited to: driver's license, photocopies of credit cards, Social Security card, or US Passport. 

Valid Credit Card Required: A valid credit card is required for bidding approval. 

17. GOVERNING LAW AND DISPUTE RESOLUTION 

Governing Law: Bidder agrees that this agreement shall be governed by the laws of the State of Alabama and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Etowah County, Alabama. 

Service of Process: Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. 

Binding Arbitration: Should a dispute arise between Redfield and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Etowah County, AL with an arbitrator appointed by the President of the Alabama Auctioneers Association. 

18. CHANGES IN CIRCUMSTANCE 

All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time and in the Auctioneer's sole and absolute discretion – (a) add or remove items from the auction, (b) split or combine lots, (c) add minimum bids or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction's closing, inspection, or removal times, (f) reopen the bidding in its sole and absolute discretion, or (g) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. 

Seller Withdrawal: In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller. 

19. ADDITIONAL TERMS 

Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 

Bidder agrees that by registering to bid, they agree to ALL terms contained herein.

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 IF YOU HAVE ANY QUESTIONS CALL 256-413-0555 BEFORE BIDDING! 

DO NOT BID IF YOU DO NOT OR CANNOT AGREE TO ALL TERMS.