The following Conditions of Sale, as amended by any posted notices or verbal announcements during the sale, constitute the entire terms and conditions on which property listed in the catalog shall be offered for sale or sold by Ramirez Auction Service Inc. and any consignor of such property for whom we act as agent.
1) As used herein, the term "bid price" means the price at which a lot is successfully sold to the purchaser. The term "purchase price" means the aggregate of (a) the bid price.
2) The highest bidder shall have purchased the offered lot in accordance with all of the conditions set forth herein and (a) assumes full risk and responsibility therefore, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. No lot may be transferred. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including without limitation, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our standard rates, all other charges due hereunder, attorneys fees and incidental damages. If all fees, commissions, bid price and other sums due to us from the purchaser are not paid promptly as provided in these Conditions of Sale, we reserve the right to impose a finance charge equal to 1.5% per month on all amounts due to us beginning on the 31st day following the sale until payment is received, in addition to other remedies available to us by law.
3) AS IS-WHERE IS: Placing bids on items offered in this auction will bind the bidder to all the terms and conditions of this auction. Everything in this auction is being sold "AS IS-WHERE IS" to the highest bidder, without warranty or guarantee of any kind. ALL SALES ARE FINAL. Absolutely NO REFUNDS. Buyer is responsible for his or her bidding and buying decision and further understands and agrees to be bound by the auction terms. The bidder agrees and understands that Ramirez Auction Service Inc. does not test any items and the bidder must rely on his/her own inspection from which to make a bidding decision. Buyer understands that Ramirez Auction Service Inc. will stand behind the descriptions; however, the Buyer MUST NOT rely upon the photographs from which to make a bidding decision. Items described as “In Box” or “In Original Box” may have missing or broken parts. Preview of these items is strongly recommended. Internet Buyers should be at their own risk and factor condition into their bidding price. No warranty or guarantee of working condition is expressed or implied.
4) DEPOSIT(S): Live Bidders understand and agree that Ramirez Auction Service Inc. charges a fully refundable cash deposit of $200.00 USD for onsite live auctions to register for a bid card &/or will hold a credit card during the bidder’s stay at the auction in lieu of the cash deposit. Online Bidders agree to provide a valid credit card upon registration. Bidder expressly authorizes Auctioneer to charge any provided credit card with a one ($1.00) dollar refundable deposit prior to approving any bid. Auctioneer may release this deposit as they see fit.
5) AUTHORIZATION TO PROCESS CREDIT CARD ON FILE: Bidder shall provide a valid credit card upon registration for each online auction (EXCEPT LIVESTOCK). This credit card WILL BE USED FOR PAYMENT should a Bidder place the closing bid and no payment is made prior to the stated removal date. Bidder agrees to allow Auctioneer to process payment without further notice to Buyer, unless Bidder notifies The Rancher's Wife or Auctioneer of an issue with their invoice within twenty four (24) hours of receiving said invoice. Bidder may contact Auctioneer with updates to their payment information at any time. All registrants, Bidders and Buyers acknowledge that Auctioneer shall not be held liable for any security issues that occur in regard to stored credit card information at anytime. Auctioneer agrees to make a sincere effort to keep any such incident from happening and agrees to notify all registered individuals should such an incident occur.
6.) PAYMENT: Everything must be PAID IN FULL by 5:00pm (AZ time) Sunday, November 19, 2017 before any item are exchanged regardless of when it is picked up. All items purchased will become the immediate property of the Buyer at the conclusion of the sale of the auction lot and, as such, all risk of damage, death or injury to items purchased becomes the Buyer’s risk. Payment shall be made by valid CREDIT CARD FOR ONLINE AUCTIONS, unless other payment arrangements are approved by the Auctioneer or owner prior to bidding. ALL PAYMENTS WILL BE MADE TO: Ramirez Auction Service Inc. An invoice with payment instructions will be sent to each Buyer's e-mail address at the close of the auction &/or available in person at our cashier window by announcing your bidder number and name. If no items were purchased we will refund your entire deposit. If an online buyer does not receive an invoice electronically within 24 hours after the close of bidding, please email firstname.lastname@example.org Ramirez Auction Service Inc. shall provide an invoice within twenty-four (24) hours of accepting a bid to a successful bidder. Unless other payment arrangements have been established, Bidder expressly authorizes Auctioneer to charge the credit card provided at registration with the full amount of any statement six (6) hours after the invoice was provided. All payments must be made in US funds only.
Purchase price shall include the bid amount, the Buyer's Premium (10%) set forth herein, taxes and any other fees listed for the auction. In addition, a four (4%) percent charge will be added to all credit card payments. All bids are final and, therefore, should payment fail to be authorized by any financial institution for any reason, Bidder shall remain liable for the statement balances and additional fees may be applied if applicable until balance is paid in full. Auctioneer shall not be required to release possession of any asset until it has been paid for in full, including purchase price, taxes and any additional fees. Auctioneer reserves the right to convert any payments to cash before allowing the removal of any lots or items. Please pay with Cash, Visa, Mastercard, Discover or American Express. Invalid or unapproved credit card purchases will be subject to a $50 processing fee for late payment if paid on the first business day following the auction. If the auction proceeds are collected later than the following business day after an auction, an additional daily fee will be added at $10 per day. Failure to pay within seven days of the end of the auction will ban the bidder from participating in any other Ramirez Auction Service Inc. online auction
7) BUYERS PREMIUM: A 10% Buyers Premium is added to the final bid amount on all items, except livestock.
8) CREDIT CARD FEE: When paying with credit card or debit card, an additional 4% non-refundable fee is added to the card amount. Fees are subject to change without notice.
9) SALES TAX: Appropriate Sales Tax(s) will be charged to all items (except livestock) unless the Buyer has a valid resale license and has completed the AZ 5000 form. Both documents must be on file with Ramirez Auction Service Inc.
10) BID VERIFICATION & MISREPRESENTATION: We reserve the right to reject a bid from any bidder. Bidder verifies that they are at least eighteen (18) years of age, are of mental capacity to enter into a contract and that Bidder has provided all contact information to the best of Bidder's knowledge. Bidder shall provide a valid ID reflecting the above information upon registration. Any Seller or Buyer who has misrepresented this information in any manner will be banned from further use of this site and may be subject to further legal action. In the event of any dispute between bidders, or in the event the auctioneer doubts the validity of any bid, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be conclusive in all respects.
11) RESERVE(S): If a lot is offered subject to a reserve, we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If we have an interest in an offered lot and the proceeds there-from other than our commissions, we may bid therefore to protect such interest. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS.
12) PROVINCE: All statements contained in the catalog or in any bill of sale invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, province, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of Ramirez Auction Service Inc. is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property.
13) LOAD OUT: Buyers will be attended to in the order that they arrive. First-come, first-served. Buyers are required to remove the entire lot from the auction location. Failure to do so will result in the Buyer being charged a dump fee. Removal of product is the sole responsibility of the Buyer. All must be removed by November 19, 2017 5:00pm (AZ Time). Failure to claim and remove purchased item(s) from auction location from the date of the above, forfeits the item(s). Ramirez Auction Service Inc. will resale item(s) either publicly or privately. Buyer is liable for the payment, all expenses, storage costs, commission, attorneys’ fees and any incidental damages. Buyers are responsible for all title, registration, freight, shipping and other costs related to the general transporting of all equipment or item(s) bought from the Seller’s location to the Buyers final destination. It is the Buyers sole responsibility to have all equipment, rolling stock, and/or trailers inspected by a professional mechanic and/or themselves in order for the item to be deemed road worthy, including but not limited to mechanical, brakes, electrical systems and wheels. Other costs may include dismantling, special handling, loading charges, permits and certificates or export fees. Proof of payment is needed before shipping occurs. If you pick up your merchandise in person at one of our auction locations, you need to inspect your item(s) to insure they match the description of the item. If there is a dispute about the item, it must be handled at the time of pick-up in the presence of a Ramirez Auction Service Inc. team member. Buyers and/or authorized representatives for pick up are required to remove the entire lot from the auction location. Failure to do so will result in the Buyer being charged a dumping fee. A third party authorization is required for anyone picking up for the registered bidder. Buyers are responsible for loading their items, bring help!
13b) SHIPPING: Buyers, please discuss and coordinate all shipping options prior to close of the auction, before you bid. Any and all shipping cost will be the responsibility of the buyer. If you need shipping assistance or have shipping questions please contact Dean Fish at email@example.com
14) COPYRIGHT: The copyright in the text of the catalog and the photographs, digital images and illustrations of lots in the catalog belong to Ramirez Auction Service Inc. or its licensors. You will not reproduce or permit anyone else to reproduce such text, photographs, digital images or illustrations without our prior written consent.
15) INTERNET BIDDING: It is the sole responsibility of the Internet bidder to be familiar with the Internet bidding process. LIVE INTERNET BIDDERS ARE ADVISED TO HAVE A DSL OR HIGHER INTERNET CONNECTION TO BID DURING THE LIVE AUCTION. Because of the fast paced nature of the auction, a slower internet connection could lead to not being able to bid on the items that you are interested in purchasing. Please leave proxy bids for the auction if you are uncomfortable bidding during the live event. You must participate from your own computer/electronic device at www.ucanbid.com
15b) SERVER & SOFTWARE TECHNICAL ISSUES: In the even there are technical difficulties related to the server, software or any other online auction-related technologies, Ramirez Auction Service Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the compnay providing the software nor Ramirez Auction Service Inc. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
16) CONDITIONS OF SALE: These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and insure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. These Conditions of Sale and the purchaser and our respective rights and obligations hereunder are governed by the laws of the State of Arizona. By bidding at an auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, brought by or against Ramirez Auction Service Inc. (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the procedures as set forth.
17) GOVERNING LAW, JURISDICTION AND VENUE: The laws of the State of Arizona (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Tucson, Arizona, and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Tucson, Arizona; and any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
18) DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in Tucson, Arizona in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
19) RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Ramirez Auction Service Inc., then, if Ramirez Auction Service Inc. is the prevailing party, it is entitled to recover from you its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
20) INSURANCE: Ramirez Auction Service Inc. or Anchor F Cattle Co. will not be liable for damages, whether general, special, incidental or consequential, however cause, whether by loss, theft or damage, death, including negligence arising out of consignment and/or sale of the Property, including shipping of Property. Any insurance claims arising from the damage of property during shipment or transportation shall be the responsibility of the Buyer. By signing below you agree to not bring any claims/lawsuit against Ramirez Auction Service Inc., Anchor F Cattle Co. or any individual in the Auction.
21) ROLLING STOCK: All Rolling Stock item descriptions will include a VIN number. It is the Bidders responsibility to use that information to obtain history information so the bidder can make an educated buying decision. Ramirez Auction Service Inc. will provide the information for the latest title only, if available. If the title is not available, Buyer will purchase the item under the pretense of buying the vehicle with a bill of sale document only.
22) LIVESTOCK: Ramirez Auction Service Inc. does not guarantee livestock. The Buyer assumes all risk including and not limited to loss at the close of the auction. If damage to property occurs after the auction and before the livestock is removed or delivered; the Buyer is responsible for all incurred costs. Ramirez Auction Service Inc. does not guarantee health, age, harvest date, breeding status or condition. It is the Buyers responsibility to obtain specific information from the Seller prior to purchasing livestock. Please consult your veterinarian before incorporating new animals into your existing herd. Livestock health papers are furnished upon Buyer request. Special testing, additional health certificates or export/shipping documents will be at the Buyer's expense and request. Please discuss with your state vet office prior to the auction, before you bid, about permits, health entry requirements by state or any other Federal health documents. Tests that have been administered to a specific lot(s) will be announced at the time of the sale. Purebred livestock registration papers will be transferred to the winning Buyer at the Seller's expense after proof of payment. The proper pedigree transfer is the responsibility of the Seller and Buyer.
23) PULLED LOTS: Any lot may be pulled from catalog or on the fly auctions by Ramirez Auction Service Inc. at any time without prior notice.