AUCTION TERMS AND CONDITIONS: Auction Conducted Under and In Accordance with These Bidder Terms and Conditions: These Online Auction Terms and Conditions constitute a legal, valid, and binding contract between Restaurant Sales Group Inc. and each bidder. The Auction is conducted under and in accordance with these Bidder Terms and Conditions and applicable law. By registering to bid each Bidder agrees to be bound by these Bidder Terms and Conditions.
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. A Valid Credit Card must be provided to be approved to participate in the auction
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.
BIDDER INSPECTION: Friday March 9’th 2018 from 9AM to 12PM Eastern Standard Time. Call or e-mail Dave Walis at 305-450-3077 or Restaurantsalesteam@gmail.com to confirm appointment.
PREVIEW LOCATION: Jimmy John's Sandwiches 3423 Main Hwy, Coconut Grove, FL 33133.
WARRANTY: 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 express 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. The buyer of the item(s) agrees that they cannot rely, and have not relied, on any representation, warranty, or guaranty made by the seller or anyone acting as agent of the seller, orally or in writing, or photograph, about the property. Bidders acknowledge that all lots were available for inspection prior to the auction and that they relied solely on their own inspection of the lots and not on any information listed in the catalog or otherwise provided by the Auctioneer, the auction staff or Seller. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question.
RETURN/REFUND POLICY: We do not give refunds. ALL SALES ARE FINAL.
PAYMENT TERMS: Auctioneer will e-mail Invoice to the email address provided during bidder registration. Restaurant Sales Group reserves the right to charge the credit card used for registration the full amount of any unpaid balance if payment is not made with 24 hours following the auction. If the full invoice amount cannot be collected at once, partial charges will be made until the complete total has been collected.
PAYMENT OPTIONS: Acceptable forms of payment include Cash, Cashier's Checks, Valid Credit Cards and Bank Wire Transfers. If the buyer of any lot fails to pay the purchase price thereof when due, the Auctioneer shall have the option, at its sole discretion, to (a) Hold the Purchaser liable for the bid price; (b) Cancel the specific sale, retaining any and all payments made by the Purchaser as liquidated damages; or (c) Resell the property, without notice, at public or private sale. In such event, the original Purchaser shall be liable for any deficiency, sale costs, commission, storage and any extra expenses, including attorney's fees. In all of the above, the defaulting Purchaser will be solely responsible for the legal fees of both parties, if applicable. Venue for any litigation is agreed to be in Miami Dade County, Florida.
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.
BUYER’S 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 is a seven percent (7%) Florida Sales Tax for purchases picked up from the auction site in Miami Dade County
REMOVAL: Removal of all purchases must be completed on Monday March 12th, 2018 or Tuesday March 13th, 2018 Between the hours of 9AM to 1PM Eastern Standard Time.
PICK-UP LOCATION: Jimmy John's Sandwiches 3423 Main Hwy, Coconut Grove, FL 33133.
PLEASE DO NOT BID IF YOU ARE UNABLE TO PICK UP YOUR ITEMS DURING THE SCHEDULED REMOVAL TIMES. All purchases must be paid for in full prior to removal. All lots must be removed from the auction site during these times. The restaurant is being turned over to the landlord at 5pm on Tuesday March 13th, 2018. Any lot not removed from the site by 5PM on Tuesday March 13th, 2018 will be deemed abandoned and be promptly disposed of or resold for Auctioneer's account. NO refunds or credit card charge-backs will be granted due to a failure to remove items at the designated time. If items are not picked up and removed during the scheduled removal time, items will be considered abandoned and your credit card on file will be charged. The Buyer is responsible for the removal of all purchased items. The Buyer and their representatives 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.
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. Restaurant Sales Group is providing Internet bidding 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 Restaurant Sale Group or anyone else if the Internet service fails to work correctly before or during the auction. Restaurant Sales Group will not be responsible for any missed bids from any source.