What follows is a brief summary of these Terms and Conditions to give you a brief introduction to the general policies of our company. Please read these Terms and Conditions in their entirety prior to any bidding.
All items are sold "AS IS, WHERE IS," with NO warranty or guarantee, expressed or implied, by the Auctioneer, Auctioneer's employees, or the Seller. NO refunds or chargebacks will be granted due to the condition of the item. We do our best to accurately represent each item and test what we can. Tested and working means that we have tested the basic functionality of the item and NO warranty is made that it will work after the buyer transports/installs it. Keep in mind that these items are restaurant worn and have been affixed to the wall in many cases. Descriptions are believed to be accurate but are not guaranteed. If you are not certain of the condition or have any questions regarding an item, please contact Restaurant sales Group, Inc. BEFORE placing a bid. Bidders are responsible for their own removal and/or shipping/storage arrangements. Any item(s) NOT picked up by the end of the scheduled removal day or any item(s) that shipping/storage arrangements have not been made for will be considered abandoned. Removal shall be at the expense, liability, and risk of the buyer. Items will be released upon presentation of a paid receipt. Items will not be released without full payment.
We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly. The auctioneer reserves the right to add or remove items form the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an individual item and/or auction event and/or make changes to the auction closing times or inspection or removal times.
We accept cash, MC, Visa, Discover, and AMEX. We do NOT accept checks, money orders, or wire transfers of any kind. Full payment is due on or before the scheduled removal day regardless of shipping, delivery, transport to other Restaurant Sales Group, Inc. warehouses, or storage arrangements. If no contact has been made before the end of the scheduled removal day the credit card on file will be charged. If the full invoice amount cannot be collected at once, partial charges will be made until the complete total has been collected.
Buyers Premium: A 20% buyer's premium will be added to each purchase. If you bid $100.00 you will be charged $120.00 at checkout plus tax.
Sales Tax: There will be a six-percent (6%) Florida State Sales Tax for purchases picked up from the auction site or shipped within the State of Florida.
Conduct of Sale: All bids in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
NO CREDIT CARD CHARGEBACKS: Each Bidder agrees to NOT, under any circumstances, initiate a credit card chargeback with respect to any charges.
Each Bidder further agrees that if, in violation of these Terms and Conditions, a credit card chargeback is initiated by the Bidder, these Terms and Conditions shall be conclusive evidence of the Bidder's (i) agreement to not initiate a credit card chargeback and (ii) waiver of any rights to initiate a credit card chargeback. Each Bidder acknowledges and agrees that on the Auctioneer's presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which the disputed charges were made, such bank, credit card company, or other financial institution shall deny any credit card chargeback and shall re-credit all amounts to the account of the Auctioneer.
If a Bidder initiates a credit card chargeback, such Bidder, even if successful, shall remain liable for all purchases made at the auction and shall be responsible for all costs and expenses, including any attorneys' fees, storage fees, packaging and handling fees, transportations fees, and/or disposal fees, etc., incurred by or on behalf of the Auctioneer or Seller in challenging the credit card chargeback. Each Bidder agrees that the agreement to not initiate a credit card chargeback is a condition to the issuance of a Bidder Number to the Bidder and is being made as an inducement for the Auctioneer to accept the Bidder's Registration and to issue a Bidder Number.
Registration: To gain access to the bidding system, you must first register to obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide is true and accurate or risk indefinite suspension from participation in the auctions should you provide false information.
Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number, including contact information and credit card information, changes at any time you will notify the Auctioneer of the change by updating your profile, by phone, or by email.
Suspension: We reserve the right to suspend bidding privileges of any bidder that breaches these Terms and Conditions, engages in improper conduct, and/or for any other reason that Restaurant sales Group, Inc deems appropriate.
Winning Bidder: Pursuant to these Bidder Terms and Conditions, the bidder who entered the Winning Bid for Item/Lot offered for sale at the Auction shall be the buyer of such Property.
Return/Refund Policy: ALL SALES ARE FINAL.
Bidders' Responsibility: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to Info@Auction/Restaurantsalesgroup.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
IMPORTANT: The Auctioneer will have the option of reselling, removing, storing or abandoning items not paid for by the end of the scheduled removal day at the expense and risk of the Buyer. The Buyer agrees to pay all deficiencies, legal, collection, transportation, and storage expenses associated with delinquent accounts or abandoned items.
CHANGES IN CIRCUMSTANCE: All aspects of the auctions are subject to change without notice. The Auctioneer reserves the right to, at any time, (i) add or remove items from an auction, (ii) split or combine lots, (iii) add minimum bids or reserve prices, (iv) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (v) make changes to an auction's closing, inspection, or removal times, (vi) edit item descriptions and/or add/delete photographs from listings, (vii) or take any other action the Auctioneer deems necessary to effect the fair conduct of the sale or to protect the buyers', sellers', or other parties' interests. In the event a seller withdraws an item from an 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.
PLEASE DO NOT BID IF YOU ARE UNABLE TO PICK UP YOUR ITEMS DURING THE SCHEDULED REMOVAL TIMES OR UNABLE TO MAKE ARRANGEMENTS FOR SHIPPING OR STORAGE.
NO refunds or credit card charge-backs will be granted due to a failure to remove items at the designated time. After the scheduled removal time if no contact has been made to arrange storage or shipment, items will be considered abandoned and you will be charged a removal fee to dispose of your items.
In the event an item is not available for pickup, the buyer must immediately notify our onsite staff BEFORE leaving the premises to file a claim. By leaving the premises prior to filing a claim the buyer agrees that no adjustment or refund will be made.
Shipping: Restaurant Sales Group, Inc. can, if contacted by buyer, assist in shipping but shipping arrangements and costs are the responsibility of the buyer. All lots must be removed from the auction site within 2 business days following the auction. Any lot not removed from the site within 2 business days following the auction will be deemed abandoned and be promptly disposed of or resold for Auctioneer's account. Liability: All persons attending the auction or removing goods assume all risk of damage or loss to persons or property. The Auctioneer, Auction Company and Seller shall be released from any and all liability. Contact us if you need assistance with shipping your items. Auction Company assumes no responsibility for items once they are shipped. All claims must be made through the shipping company used
Times Your Bid: Items that have
Bidding Errors: ALL BIDS ARE FINAL. Once a bid has been placed it CANNOT be deleted or removed. Removing an item from your Watch List DOES NOT delete your bid or max bid once placed.
Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. Bids/Max Bids cannot be changed once placed. We will not reverse bids after the auction has begun to close, NO EXCEPTIONS.
CAUTION: For demonstration purposes, some equipment may appear to be joined or connected. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions carefully.
Item Descriptions: Any description of the lot or item has been provided by the Seller or is based solely on visual inspection, and is given for identification purposes ONLY, and does not create any guarantee or warranty, expressed or implied, by the Auctioneer.
Catalog Inaccuracies: We do our best to be 100% accurate in our item descriptions, but sometimes items are unintentionally misrepresented. We are NOT experts of every item we sell; we do our best to describe items accurately but may miss the fact that items are missing necessary pieces or are something other than what is described. We are not responsible for these types of omissions in the description. The description is there to help prevent confusion if more than the items included in the lot are visible in the photographs. The photographs are provided to give a visual representation of what is described in the descriptions and is used to help identify each item accurately. Please base your bidding decision on the total information provided. If the description and the photographs seem to not match, please contact us BEFORE you bid to provide clarification. If you are in doubt or have any questions please attend preview day or contact us with your questions BEFORE placing your bid.
Bidder Inspection: Every item in every auction is available for bidder inspection prior to the auction ending. See the above terms for preview location and availability. We strongly urge each Bidder to attend the scheduled preview day to inspect items prior to bidding. By bidding, each Bidder acknowledges and agrees that they have had a full and fair opportunity to inspect the item(s) and is relying solely on the Bidder's personal inspection, whether in person, through a proxy, or based on the provided photographs and opinion (i) in determining whether to bid, (ii) in determining the amount to bid and/or max bid, and (iii) in submitting the bid/max bid.
ITEMS SOLD "AS IS", "WHERE IS", and "WITH ALL FAULTS": THE ITEMS ARE BEING OFFERED AND SOLD IN ITS' "AS IS/WHERE IS" CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER THE AUCTIONEER NOR THE SELLER MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, FUNCTIONALITY AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF THE ITEMS. NO STATEMENT ANYWHERE, WHETHER EXPRESSED OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY THE AUCTIONEER OR EMPLOYEES OF THE AUCTIONEER, SHALL BE DEEMED A WARRANTY OR REPRESENTATION BY THE AUCTIONEER OR SELLER REGARDING THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE BUYER OF THE ITEM(S) AGREES THAT THEY CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY.
Item Testing: We attempt to test as many items as we can to ensure our listings are as accurate as possible. If and when we are able to test an item, we will update the listing as soon as possible. If we are able to test an item you might see phrases such as, "tested and working, tested, turns on, but does not get cold, unable to test, tested and does not turn on, etc." Some items we are unable to test because our facility does not have all of the necessary hook-ups. If an item description does not say whether it was tested or not, DO NOT assume it is in working condition.
LEGAL: These conditions shall be governed by the laws of the State of Florida.