HammerTime Auctions

Terms and Conditions

 

By accessing www.bidht.com or by participating in an online action, You signify Your consent to these Terms and Conditions. HAMMER TIME AUCTIONS LLC (“Company”) and the user (“You”, “Your” or “Bidder”) agree that the terms listed below shall govern each online auction sale:

 

  1. Sales and Transaction:

 

  1.  All registration information the Bidder provides to Company shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.


  2. There will be a $1.00 charge to your credit card to be able to bid on items at the auction. This is a pending charge for authorization purposes and will fall off after an initial period.

  3. Company shall charge and collect from each successful bidder a premium of Sixteen Percent (16%) for each item, in addition to the final bid amount. Such premium shall be paid by the Bidder at the time of the winning bid. The only accepted form of payment is credit card. Credit cards accepted are MasterCard, Visa and Discover Card. Sales tax will be collected where applicable. Payment, which shall include the premium, will be collected at the time of the closing of the auction. A receipt will be emailed for all winning bids. Bidder acknowledges that all sales are final, and that no refunds will be granted following the close of each auction, except as provided for herein.

  4. All aspects of an online auction are subject to change without prior notice. Company reserves the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online auction ending times, preview date and/or time, or pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or online auction event; or (e) take any other action Company deems necessary to affect the fair conduct of a sale.

  5. Staggered Closing: The closing of each auction will occur in a “staggered closing” meaning five items will close every minute until all items listed in the auction have sold or been withdrawn. If an individual places a bid on an item in the last three (3) minutes before the item is set to close, the bidding time on that specific item will be extended by three (3) minutes. This process will continue for as long as necessary until no additional bids are placed in the final three (3) minutes.

 

  1. Items:

 

  1. Items are available for preview on Tuesday and Wednesday from 3:00 to 5:00 PM at the Company’s warehouse located at 1229 Sunset Avenue, Springfield, Ohio 45505.

  2. BIDDER ACKNOWLEDGES THAT ALL ITEMS ARE SOLD “AS IS”, “WHERE IS” AND “WITH ALL FAULTS AND DEFECTS”. BIDDER EXPRESSLY ACKNOWLEDGES THAT COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF TITLE, OR FITNESS FOR A PARTICULAR PURPOSES. BIDDER ACQUIRES ALL ITEMS AT BIDDER’S OWN RISK.

  3. Descriptions are believed to be accurate but not guaranteed. When You are not certain of the condition or use of an item please bid accordingly. You are bidding on the described item, NOT the photo. All descriptions shall have the following meanings:

    1. Brand New – Item is new, and in many cases unopened. You must examine the item when picking up. If the item does not appear new or unused, or if there is other damage, You must report this to the Company, in which case the Company may offer a refund. If You leave the premises with the item, Company cannot issue any refund.

    2. Appears New – Packaging may be opened, but item appears to be new. You must examine the item when picking up. If the item does not appear new, or if there is other damage, You must report this to the Company, in which case the Company may offer a refund. If You leave the premises with the item, Company cannot issue any refund.

    3. Open Box – Item is open, may have been used. Company cannot issue refunds on these items.

    4. Flawed – Item may have damage or be incomplete, look for additional pictures and review comments. Company cannot issue refunds on these items.

 

  1. Shipping Terms:

 

  1. We do not ship items; all items must be picked up at our warehouse located 1229 Sunset Avenue, Springfield, Ohio 45505. This is an online auction. Only bid if You are prepared and able to remove the item during the removal period as discussed below. Title and risk of loss passes to Bidder upon the closing of the auction.

 

  1. Removal Period:

 

  1. An invoice will be sent for each auction. It will include each item that was won, along with the item total, buyer’s premium, sales tax and the total amount. This total amount will automatically be charged to the credit card on file after the auction ends. Bidders are required to remove items purchased on the Thursday or Friday immediately following the respective auction between the hours of 3:00 and 6:00 PM from Company’s warehouse located at 1229 Sunset Avenue, Springfield, Ohio 45505. Items that are not picked up on the Thursday or Friday immediately following the respective action will be held for seven additional days.  Any items not picked up by the following Thursday or Friday will be considered abandoned and Company shall be permitted to re-auction the item and retain all charges realized from the re-auction.  No refunds will be granted due to lack of removal during the designated times. If there is a discrepancy of an item, the Bidder must alert the staff at the time of pickup and if no discrepancy is noted at such time, Company has no liability thereafter. 

 

  1. Bidding and Reserve:

 

  1. Company, Company’s employees, and sellers of items are authorized to bid on items at the auction. In some cases, the seller will bid on an item to meet the seller’s reserve. In some cases, staff members or employees are eligible to bid for their own use.

  2. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review Your bids once submitted. If You mistakenly increase Your own bid, You must immediately contact our office at the following phone number 937-312-7251. Company will not reverse bids after the auction has closed, NO EXCEPTIONS. Please note that bid cancellations or retractions are at the Company's discretion only; submitting Your bidding error does not guarantee that Your bid can or will be deleted, retracted, or cancelled.

  3. Bidder acknowledges all auctions are “reserve” auctions. Company reserves the right to establish a stated minimum bid, the right to reject or accept any or all bids, or the right to withdraw the item at any time prior to the completion of the auction by the Company. Company has the right to cancel an auction in entirety if the reserve is not met.

 

  1. Limitation of Liability:

 

  1. IN NO EVENT SHALL COMPANY BE LIABLE TO BIDDER OR ANY THIRD PARTY FOR ANY LOSS OF USE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), USE OF THE ITEM, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. ALL LIABILITY OF COMPANY WITH RESPECT TO ANY ITEM IS LIMITED TO THE BID AMOUNT AND PREMIUM PAID FOR THE APPLICABLE ITEM.

 

  1. Indemnification:

 

  1. You agree to indemnify, defend, and hold Company and its members, managers, directors, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with: (i) Your use of any of the services offered by Company; and (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You.

 

  1. Force Majeure:

 

  1. Company shall not be liable or responsible to Bidder, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any term of these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce).

 


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