TERMS & CONDITIONS
This is a legal agreement between the parties below.
DATE OF MOST RECENT MODIFICATION(S): January 5, 2016 @ 8 p.m. (CT)
When you register to bid on LASTBIDonline.com, you agree to accept and abide by the following Terms and Conditions of Use.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE BELOW, DO NOT BID! By bidding, you are acknowledging agreement with the terms contained herein.
Any person who completes the registration is hereinafter referred to as the “bidder”, “buyer”, “user”, “he/she”, “you,” or “your”. You personally guarantee full and complete payment to LASTBIDonline LLC when due and payable, whether bidding for a business entity, corporation, non-profit or any other organization, another person, and/or yourself. All bidders are responsible for any and all bids placed using their bidder name and/or password and agree to safeguard same. If a bid is made using your registration, you are personally liable and responsible for payment. If you suspect your bidder name and/or password has been compromised in ANY way, it is your responsibility to promptly notify LASTBIDonline LLC of same.
LASTBIDonline LLC, LASTBIDonline.com, its officers, directors, members, and employees, agents, sellers (for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors are collectively hereinafter referred to as the “Auction Co.”, “provider(s)”, “we,” or “us”. We provide various services on this website necessary to conduct online auctions and associated activities. We reserve the right, at our sole discretion, to ban or refuse to provide any or all of these services without notice to any Bidder or Seller whom has failed to comply with the Terms and Conditions of Use, misrepresented themselves or any item consigned, or acted improperly, as determined solely by the Auction Co.
We reserve the right to change the Terms and Conditions of Use without notice to you. You hereby agree it is your responsibility to review these Terms and Conditions of Use to be aware of any modifications.
- Registration is free, quick, and easy.
- You must be at least 18 years old and registered on LASTBIDonline.com prior to bidding.
AS IS / WHERE IS
All items sell “AS IS – WHERE IS, WITH ALL FAULTS” and with no warranty or guarantee of any type expressed or implied for any purpose of use, any condition, any content, weight, dimensions, or completeness of item(s). Buyers are encouraged to inspect items at the auction site prior to bidding. Buyer agrees that oral representation made by Auction Co. or any of its employees shall not modify these “AS IS – WHERE IS, WITH ALL FAULTS” terms. No bids may be withdrawn after the auction for any reason. Buyer agrees that written descriptions on website and writings on items in auction are NOT guaranteed and Buyer shall rely entirely on his/her own inspection. All information, descriptions, and photographs provided by Auction Co. are believed to be correct, but Auction Co. and Seller shall have no liability for any errors or omissions. Items being offered at auction are those items in the written description; accompanying photographs are for convenience and locating purposes and do not necessarily include all items shown in photos. If a bidder has questions or concerns about a lot, he/she should ask Auction Co. for clarification prior to bidding. You acknowledge and agree that the Auction Co. and provider shall not be liable for any demands, claims, and/or damages, whether actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected with any damage, loss, or expense relating to or resulting from your use, possession, and/or purchase of any goods, materials, information, or content through this website. Without limitation, in no event, including a negligent act, shall the Auction Co. and provider be liable to you for demands, claims, and/or damages (whether direct, indirect, incidental, consequential, punitive, or special) resulting from or in any way connected to or related to loss of profits, loss of goodwill, loss or corruption of data, interruption of business, computer or software failure or malfunction, or other malady, arising out of or in any way related to or connected to the items, services, information, and/or content displayed, sold, or offered on this site.
Unless otherwise noted in the description of a lot, items listed are available for inspection at LASTBIDonline LLC, 68 Reynolds Street, Clarksville, Tennessee 37040. Inspections times are:
Friday: 10 a.m. – 6 p.m. and Sunday: 4 p.m. – 7 p.m.
A buyer’s premium in the amount of FIFTEEN PER CENT (15%) of the highest bid will be included in all purchases, unless winning bidder pays Cash for entire purchase, reducing Buyer’s Premium to TEN PER CENT (10%).
Each Seller and/or Seller’s agent reserve the right to bid on Seller’s item(s) in order to protect Seller’s investment.
SALES AND USE TAX
All winning bidders will be subject to all local and state sales and use taxes unless you provide the documentation required for exemption to the satisfaction of local and state revenue departments and the Auction Co.
- The purchase price is the sum total of the winning bid amount, buyer’s premium, late pickup fees and other charges (if applicable), and sales tax.
- The purchase price for all lots won by a bidder is due and payable within Five (5 ) days after completion of the auction and PRIOR to pickup/removal of any purchased lots. All payments must be paid in U.S. funds. We do NOT accept partial payments. We do NOT split payment types. If you pay any portion of the invoice with any credit or debit card, the ENTIRE amount of the purchase shall incur the 15% Buyer Premium. Invoices must be paid in full.
- Acceptable forms of payment include: Cash, credit and debit cards (we accept MasterCard, Visa, Discover, and American Express cards). WE DO NOT ACCEPT ANY CHECKS.
- The Auction Co. reserves the right to charge the credit card filed with your registration up to 50% of your total purchases at any time following the conclusion of the auction as a Non-Refundable Deposit. The unpaid balance will be due and payable within Two (2) days after completion of the auction and prior to the removal of any of the purchased auction lot(s). We reserve the right to charge any remaining balance of your purchase price on your credit or debit card if the balance is not otherwise paid within the Two (2) days after completion of the auction.
- Merchandise ownership transfers to the winning bidder at time of payment and the winning bidder assumes all responsibility and liability for packing, packaging, rigging, pickup/removal, transportation, and loss or damage from that point forth. Under no circumstances will LASTBIDonline LLC be responsible or liable for any packing, packaging, rigging, pickup/removal, transportation, loss or damage to bidder’s items after ownership has transferred to bidder.
- Failure by the winning bidder to make payment and comply with the aforementioned terms shall be deemed a default by the bidder and may result in termination of contract and suspension from participation in future auctions until the default is cured. Unpaid invoices which are in default may become subject to Debt Collection fees, Interest Charges, and Reinstatement fees.
- If the Buyer fails in the performance of winning bidder’s obligations, the Auction Co. may exercise such rights and may pursue such remedies as provided by law.
PICK-UP / REMOVAL
All lots must be removed from the auction site by the winning bidder or bidder’s agent within Two (2) days of auction completion (Example: If the online auction ends on Sunday, the 17th of the month, the items must be picked up/removed not later than the close of business on the following Tuesday, the 19th day of the month). VALID PHOTO ID REQUIRED AT TIME OF REMOVAL. Buyer is responsible for all packing, packaging, loading, rigging, shipping, and transportation of items at his/her sole expense and risk. Buyer shall use care and prudence during the removal process and shall be liable for all damage incurred due to buyer’s actions.
FAILURE TO PICK-UP / REMOVE
Any item not removed within the posted Pick-up/Removal time shall be begin to incur LATE PICKUP FEES of $5.00 PER LOT PER DAY FOR A MAXIMUM OF FIVE (5) CALENDAR DAYS before being considered abandoned property (Example: If the online auction ends on Sunday, Feb. 1st, winning bidder has until 8 p.m. on Tuesday, Feb. 3rd to pickup up items without any late pickup fees. Late pickup fees shall be $5.00 per lot per day after the pickup deadline auction ends (in this case, after Feb. 3rd at 8 p.m.) for all items not yet picked up/removed from auction site. Late pickup fees accrue up to 7 days after the auction has ended. After the 7th day after the auction has ended, these items shall be considered abandoned by winning bidder and ownership of the items reverts to the Auction Co. for disposal at the sole discretion of the Auction Co. Winning bidder shall still be liable for all unpaid late pickup fees which have accrued). The Auction Co. reserves the right, but not the obligation, to remove, resell, store, discard, abandon, or otherwise dispose of each or any item abandoned by the winning bidder, at winning bidder’s expense and risk, whether said items have been paid for in whole or in part without waiving any other rights of the Auction Co. or seller. The winning bidder shall be liable for all late pickup fees incurred, AND any losses, damage and any other expenses incurred by the Auction Co. or seller by failure of winning bidder to comply with the aforementioned Terms and Conditions. Winning bidder’s failure to pick-up/remove purchases within the posted Pick-up/Removal time may be considered a default and may result in loss of bidding privileges, at the sole discretion of the Auction Co.
LASTBIDONLINE LLC’s RIGHT TO TERMINATE PURCHASE
If for any reason LASTBIDonline LLC is unable to complete the sale of any purchase to buyer or provide purchase free and clear of liens, even if the buyer was given written notice that he/she is the winning bidder, Buyer agrees that LASTBIDonline LLC may terminate the purchase/agreement, in which case LASTBIDonline LLC’s sole liability shall be limited to the return of any monies actually paid by Buyer upon return of purchased item(s) to auction site by winning bidder, in the same condition as when winning bidder removed said items from Auction Co. premises.
Auction Co. Said interest charges shall be added to the unpaid balance and shall be included in the remaining balance due and payable by buyer to Auction Co. If Auction Co. has determined a bidder has defaulted and that bidder wishes to be reinstated so as to again participate in LASTBIDonline LLC auctions, the bidder agrees to pay all unpaid balances together with any attorney fees, interest charges, and a $50.00 reinstatement fee prior to bidding on any Auction Co. lot. Any debt collection or dispute proceedings shall be heard in Montgomery County, Tennessee.
CONSENT TO SUIT IN TENNESSEE
In the event of legal proceedings arising from this contract or from the auction in connection therewith, all parties hereby explicitly consent to the personal jurisdiction of the courts of the State of Tennessee. All parties further explicitly consent that the venue shall be Montgomery County, Tennessee, and that the laws of the State of Tennessee shall govern these Terms and Conditions of Use and the parties’ transactions hereunder.
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so shall be null and void. We may assign our rights and obligations under these Terms and Conditions of Use.
You agree not to sell, reproduce, resell, duplicate, copy, transfer, drag to another website or listing service, or use for any commercial or other purpose, any photograph, diagram, illustration, text, link, or any other portion of this website, or use of and/or access to this site.
Any cause of action must be brought by you against us or the providers must be instituted within one year after the cause of action arises or it shall be deemed forever waived and barred. You agree to indemnify and save LASTBIDonline LLC for attorney’s fees and other costs directly or indirectly caused by or resulting from and act, including the negligent acts or omissions of the Auction Co. or anyone acting on behalf of same in connection with or arising out of an auction, except that the Buyer shall not be responsible to the Auction Co. for damages resulting from or caused by the Auction Co’s sole negligence.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.
Any failure by Auction Co. to enforce or exercise any provisions of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
LASTBIDonline LLC has a ZERO TOLERANCE for persons stealing or attempting to steal merchandise from its locations. Auction Co. offers CASH REWARDS to employees and auction attendees for reporting such incidents which result in the arrest and conviction of such thieves. Auction Co. will prosecute to the highest extent permitted by law.
Your sole remedy for dissatisfaction with this site, the bidding process, or any service or content therein, is to cease using the site immediately. You expressly agree that use of this website is entirely at your own risk. You acknowledge that the website may experience interruption, contains errors, omissions, inaccuracies, incomplete or outdated information which are no fault of the Auction Co. You hereby agree to hold harmless and free from any liability LASTBIDonline LLC, LASTBIDonline.com, its officers, directors, members, and employees, agents, sellers/consignors for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors and further acknowledge that the Auction Co. and providers in no way, shape, or form warrant or guarantee reliability of website, its content, timeliness, display, information, purity and/or integrity of data, connectivity, and/or compatibility with your equipment and software. Under no circumstances will your inability to place a bid become the liability of the Auction Co. or its internet, software, and/or content providers.
In the event of dispute between any users of this website, you hereby expressly release the Auction Co. and providers from demands, claims, and/or damages, whether actual or consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE ABOVE, DO NOT BID! By bidding, you are acknowledging agreement with the terms contained herein.