WEBCAST TERMS AND CONDITIONS DALLAS FLEET AUCTION TERMS & CONDITIONS FOR BIDDING ONLINE: Lone Star Auctioneers, Inc., herein after referred to as the Auctioneer, reserves the right to add to or withdraw from the auction any items listed or not listed, to group individual lots into larger lots for sale, to subdivide lots into smaller lots forsake, or to sell all lots in bulk when it is in the best interest of the Seller. Changes to or additional terms and conditions, additions or deletions may be announced by the Auctioneer before ordering the course of the auction. A good faith effort is made by the Auctioneer to update changes, additions and deletions to the catalog or terms and conditions and to post notification of these changes on the website and online auction site. The Auctioneer will not be held responsible for any discrepancies in providing such information. Lone Star Auctioneers, Inc. neither conducts an appraisal nor has any association with the appraiser for our auctions. The Auctioneer has no control over the appraisal or description of any item and cannot warrant, stand behind or guarantee information contained in the appraisal or description. All items are sold AS IS, WHERE IS with no warranty, expressed or implied. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied himself or herself as to its condition and value and to bid based upon that judgment solely. By bidding on any item, the Buyer waives all rights to any recourse based on quality, quantity, character, description or condition or other aspect of the item. Removal, shipping, handling and insurance are at the expense, liability and risk of the Buyer. Auctioneer shall not be responsible for goods not removed within the specified time period. Auctioneer shall not be responsible for non-delivery or for any other matter or thing to any purchaser of any lot, in any event. Merchandise not paid for and removed within the specified time period may be resold without notice or recourse. The Auctioneer is acting as Agent for the Seller and all representations made by Auctioneer are made on behalf of the Seller. The Auctioneer is not responsible for the acts or representations of the Seller. Any action or recourse will be directed to the Seller and not to the Auctioneer. The descriptions contained in any material pertaining to each auction have been provided exclusively by the Seller or the Sellers’ appraisers. Full payment in the form of a Cashier's Check must be made in full no later than 5:00 P.M. Central Time on the third bank day following each auction unless specifically stated otherwise. Seller shall retain full security interest in all merchandise until full and complete payment is made to Seller or Lone Star Auctioneers, Inc. Shipping, handling, insurance, storage and security charges will be calculated and paid at the time of payment at the auction when applicable. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer's number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute. Auctioneer is not responsible for any online bids received and executed after the item is pronounced sold in the live portion of a Webcast auction. The Auctioneer is not responsible for any delay, discontinuation or interruption in the transmission or receipt of bids or information in online auctions or in the operation or performance of any software associated with online auctions. All persons attending preparation, inspection, sale or removal of merchandise assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer formal liability therefore. The Auctioneer shall not be liable by reason of any defect in or condition of the merchandiser premises on which the sale is held. All descriptions of items for sale contained herein or provided orally or in writing at the time of the auction are believed to be correct, but the Auctioneer makes no representation or warranty, express or implied, as to the accuracy of any such description, and hereby specifically disclaims any such warranty. The Buyer hereby agrees to rely solely on his/her own expertise to determine the value of any item purchased rather than the description of any article contained in the catalog or announced by the Auctioneer. The Buyer agrees that any item successfully bid upon will be paid for by the Buyer within the specified period after the auction by Cashier’s Check. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no "stop payment" order shall be issued or honored on any such check. The Buyer further agrees that a stop payment order shall be considered prima-facie evidence of intent on the part of the buyer to defraud the Auctioneer at the time of delivery of the check. The Buyer agrees that the act of submitting a bid shall constitute acceptance of each and every term and condition contained herein and of any additional terms and conditions which may be posted at the auction, online or which may be announced by the Auctioneer. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorneys fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party. Upon payment of any amount to Seller, the Auctioneer or its assigns shall be subjugated to all of the Seller's rights of recovery. The Buyer agrees that any and all disputes arising from this auction will be resolved solely through binding arbitration in Tarrant County, Texas. The Seller reserves the right to accept or reject any/all bids. All sales are subject to confirmation by the Seller. Online bidding requires a $1000.00 refundable deposit in the form of a Cashier's Check (which applies toward purchases) payable to: The City of Dallas, c/o Lone Star Auctioneers, 4629 Mark IV Parkway, Fort Worth, Texas 76106, no later than Tuesday, August 26, 2008 at 12:00 noon CT. Full and complete payment due immediately upon notification of successful bid by Cashier's Check. Any bidder who fails to pay for their online purchases will forfeit their entire deposit without recourse and will be prohibited from participating in any future auction conducted by Lone Star Auctioneers, Inc. "Pursuant to the Dallas City charter, All item that exceed $20,000 threshold requires the City of Dallas, City Council approval and will require the bidder to have a hold place on the item(s) purchased for approximately 6 to 8 weeks prior to delivery." Pending city councils approval.
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