WELCOME to ezDownsizing.com and thank you for registering to bid with us. Please take a moment to read the terms and conditions of our online auctions and let us know if you have any questions prior to bidding. We are very reasonable, and we want your experience with ezDownsizing.com to be nothing less than positive. Please register and bid with confidence.
Online Auction Terms and Conditions
1. AUCTION BIDDER AGREEMENT. This is a legal agreement between you and ezDownsizing.com. You must be at least 18 years old to register and bid. ezDownsizing.com at its sole discretion, may ban from further use any buyer ezDownsizing.com believes to have failed in abiding to the terms and conditions, or conducted any improper behavior as determined solely by ezDownsizing.com.
2. REGISTRATION. All Bidders are required to register online and provide necessary and accurate information such as name, address, phone numbers, email address, credit card information and any other information requested for positive identification. By registering you are agreeing you have read and fully understand the 'Online Auction Terms and Conditions', and any additional terms and conditions or announcements for specific auctions (locations, dates, buyer’s premiums, pick-up instructions, etc. ) on the website, and agree to be bound by the same. All sales are final. No refunds, reductions, returns or exchanges! NO EXCEPTIONS! ezDownsizing.com reserves the right to refuse any individual from bidding at any online auction and to revoke such privilege at any time.
3. BIDDING. Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are agreeing you have read and fully understand the 'Online Auction Terms and Conditions', and any additional terms and conditions or announcements for specific auctions (locations, dates, buyer’s premiums, pick-up instructions, etc. ) on the website, and agree to be bound by the same. A successful winning bid at auction constitutes a legally binding contract of sale. All sales are final. Bidding increments are established and controlled by the ezDownsizing.com.
4. BUYER’S PREMIUM. A Buyer’s Premium (typically 15%) will be added to ALL purchases unless otherwise stated. A Buyer’s Premium is a predetermined percentage added to the high bid price, which results in the contract sales price. The Buyer’s Premium may vary depending on the auction. ezDownsizing.com may change the Buyer’s Premium at any time to meet the needs of the Seller and which shall coincide with the current auction listing agreement.
5. AUCTION PREVIEW. Auction events typically include a specified time to inspect items prior to the scheduled close time. If provided, Buyers may come to the auction location to inspect and test items they may be interested in purchasing. Buyers unable to participate in the preview are encouraged to call during preview hours and speak to attending staff about specific items. Buyers who do not attend preview are relying solely on the descriptions and photographs provided by ezDownsizing.com and agree their bid amount is based on the available information. Buyer fully agrees and understands they are purchasing each and every item and lot in ‘as is’ and ‘untested’ condition. ezDownsizing.com, their licensees, contractors, employees and agents, make no representations of condition, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
6. AUCTION CLOSING TIMES. Auction closing times are posted for each auction, which at such time the auction will BEGIN to close. Auction lots will close in sequence apart from lots continuing to receive bidding activity will remain open and active until such a time that bidding activity has ceased, much like a live auction. ezDownsizing.com strongly recommends using the proxy bid feature and bidding early to avoid losing out due to unforeseen technical difficulties. All times are based on the Eastern Standard Time Zone unless stated otherwise.
7. SOFT CLOSE/AUTO EXTEND FEATURE. Please note when bidding, there is an auto-extend feature on this online auction system. If someone bids in the last 2 minutes of a scheduled ending time for a specific lot, the closing time for that particular lot will be automatically extended for a given increment (typically two minutes) until such a time bidding activity ceases. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes from the last recorded bid time, even if the initially scheduled ending time has been reached. This provides bidders who wish to continuing placing bids after they’ve been outbid an opportunity to do so, and makes the bidding experience more like a live auction. Keep in mind that seconds are not recorded with bid entries.
8. PAYMENT. Payment will be made immediately following completion of the auction by your credit card on file unless stated otherwise. No items will be removed prior to ezDownsizing.com receiving payment for the item(s). Please ensure your credit card on file is up to date and that debit cards have sufficient funds available to cover purchases. It is the bidder’s responsibility to immediately contact ezDownsizing.com and make arrangements for payment for failed credit/debit card transaction failures. Payment by other than credit card (cash or check) must be coordinated with and approved by ezDownsizing.com. Buyers agree to not 'stop payment' on any credit cards and/or checks.
9. TOTAL INVOICE PRICE. The total price reflected on your invoice and the amount for which your credit card will be charged is the sum of the bid price, the Buyer’s Premium, and applicable sales tax. ezDownsizing.com reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid in full prior to pick up.
10. SALES TAX. All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our auction office prior to the start of the auction closing. All bidders will be subject to the sales tax unless you provide our office with the documentation we require for exemption including (out-of-state Buyers and out-of-country Buyers must pay sales tax on all items excluding titled items), unless stated otherwise in the auction terms.
11. TIMELY AND SAFE REMOVAL. Winning bidders are responsible for the safe and timely removal of all purchases. All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. All items MUST be completely removed from the auction site by the auction close time posted for each auction. Additional time required to remove purchased items may result in added fees of $25.00 per quarter hour, or as stated on the specific auction terms. Removal is at the Buyer's sole obligation at their cost and risk. ezDownsizing.com reserves the right to refuse bidders who do not possess adequate assistance, tools or ability from removing items from the auction site. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal.
Buyer will be responsible for costs associated with repair of any damage caused to the premises, grounds or other property. Buyer agrees to indemnify and hold harmless both the seller and ezDownsizing.com, licensees, employees, contractors and agents, against any and all damage caused by the acts of the Buyer and/or their agents, employees, etc., in connection with the dismantling or removing of any item or lot.
Buyer agrees that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to ezDownsizing's and/or Seller's satisfaction, before they are permitted to leave with their purchases.
If for any reason, the Buyer fails to remove any item or lot within the specified time, the item or lot will be deemed abandoned and ezDownsizing.com shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots at the Buyer’s sole risk and expense, without any notice to Buyer and without waiving any rights that ezDownsizing.com or Seller may have against Buyer.
The Buyer understands they will lose any right, title or interest they may have acquired, and the item or lot shall revert and repossess to the Seller or ezDownsizing.com without any further notice to the Buyer. In addition, Buyer will be liable for any rent incurred, labor, storage, hauling, dump fees, etc., and damage suffered by the ezDownsizing.com because of the Buyer’s failure to remove any item, lot, or partial lot. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer's expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercises all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless ezDownsizing.com and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer.
12. NON-DELIVERY. ezDownsizing.com shall in not be liable to the Buyer for non-delivery (non-availability) of any items or lots for any reason whatsoever except for the return to the Buyer the costs, fees and tax paid for the non-delivered items. ezDownsizing.com’s liability to the Bidder shall in no case exceed the amount paid by the Buyer for the item(s) not delivered. The Buyer hereby acknowledges and agrees that the Auctioneer and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against ezDownsizing.com, licensees, employees and agents. The lack of delivery on any part of the Buyer’s purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including announcements made within the specific auction. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer.
13. ADDITIONS OR WITHDRAWALS. ezDownsizing.com reserves the right before, or during the auction, to withdraw from the auction any of the items or lots listed or to add items or lots not previously listed. ezDownsizing.com also reserve the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary. ezDownsizing.com reserves the right to augment the auction with items from additional Sellers, which may be interspersed and not specifically identified throughout the auction.
14. PERSONAL AND PROPERTY RISK. Persons attending preview and/or removal of items and lots, assume all risks of damage or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held. ezDownsizing.com, licensees, employees, agents and/or Sellers are not responsible for accidents or theft, personal or physical, on the premises, or in coming or going to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by the ezDownsizing.com, and federal, state and local regulations. Buyer specifically releases ezDownsizing.com, contractors, licensees, employees and agents and Seller(s) from any and all liability thereof.
15. AS IS - WHERE IS. All items and lots are sold on an 'AS-IS', 'WHERE IS', ‘UNTESTED’, and 'WITH ALL FAULTS' basis 'WITHOUT EXCEPTION' with no warranty of any type expressed or implied as to the condition, completeness, functionality, or fitness for any particular purpose of any goods offered in this sale. ezDownsizing.com and Seller expressly and specifically disclaim, without limitation, any warranty of merchant-ability or fitness for a particular purpose. Removal is at the Buyer's sole obligation, risk and expense. No sale will be invalidated by reason of dissatisfaction due to condition, defect or incompleteness. The Buyer will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore Buyers do by these presents remise, release, acquit, quit claim and forever discharge the ezDownsizing.com, Sellers, licensees, employees and agents from any and all claims now and in the future. The Buyer should avail themselves the opportunity to inspect all items and lots prior to bidding. All Buyers are urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by ezDownsizing.com.
16. CLAIMS – Inspect your items prior to departing the auction location to ensure correctness and completeness. No claims or adjustments will be allowed after the items or lots have been removed from the premises. No claim will be allowed or rescission of any sales based upon the failure of the item or lot to correspond with any expectation of the Buyer which exceeds that of the description and photographs sellers and attorney fees incurred.
17. INFORMATION DISCREPANCIES - While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and ezDownsizing.com, contractors, licensees, employees, Sellers and agents will not be held responsible for errors, discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation.
The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars, or the genuineness or authenticity of any item or lot, and neither ezDownsizing.com nor Sellers, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof.
18. DISCLAIMER OF WARRANTY AND RELEASE - You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. Neither ezDownsizing.com, its affiliates, nor any of their officers, directors, licensees, employees, agents, third-party content providers, or licensors (collectively, 'Providers'), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
19. ERRORS, OMISSIONS, ETC. The Site may contain errors, omissions, inaccuracies, or outdated information. Further, ezDownsizing.com does not warrant reliability of any statement or other information displayed or distributed through the Site. ezDownsizing.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. ezDownsizing.com may make any other changes to this Site at any time without notice. ezDownsizing.com makes reasonable commercial efforts to make the Site available at all times, however, ezDownsizing.com is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
20. INDEMNIFY AND HOLD HARMLESS. Buyer/s and or agents agree to indemnify and save harmless ezDownsizing.com and their subcontractors, employees, licensees, agents, Sellers, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after the auction or the privately negotiated sale and shall survive settlement or lack thereof. ezDownsizing.com / Sellers, agents, etc., are not responsible for accidents. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer/s also agree to indemnify and save harmless ezDownsizing.com, sellers, and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller's ownership, responsibility and liability.
21. LIMITATION OF LIABILITIES. You agree ezDownsizing.com and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall ezDownsizing.com or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether ezDownsizing.com or any of its providers have been advised of the possibility of such damages.
22. BINDING. It is agreed that the Bidder shall be bound by these terms and conditions, and if there is more than one bidder, the obligations imposed by these terms and conditions, shall be joint and severable. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
23. ABSENTEE AND PROXY BIDS & PROCEDURES - All bids are handled by the online auction system of bidding. Buyer understands that all terms and conditions posted herein including addendums and attachments, apply to proxy bids as well. Because of the random nature of the auction bidding process, it is possible for the high bid to be by another Bidder, at the same amount that was left by a separate Bidder, therefore, it is agreed by the Bidder that neither ezDownsizing.com, Sellers, licensees, employees nor representatives, including the online auction service provider assume any liability or responsibility of any kind whatsoever for failure to execute bids for or on behalf of the Bidder for any reason whatsoever.
