Auction Terms & Conditions By registering for this auction you agree to the following terms and conditions. This is a legal binding contract between you, referred to as the “bidder” and Coughlin Estate Sales referred to as the “auction house”.
1. Item Condition: The bidder acknowledges all items are sold “AS-IS” and “WHERE IS”. The Auction Houses makes no guarantee to the condition or usability of items up for auction. The Auction House will make its best effort to write accurate descriptions of each items up for auction. This is a services provided to the Bidder. The Bidder does not hold the Auction House responsible for bidding and winning items that are broke or defected in same way. The Auction House strongly recommends that each Bidder attends the preview days provides so they can inspect each item they wish to bid on.
2. Loading Items: The bidder agrees to bring help to load larger items. The Auction House DOES NOT provide help for loading large items into vehicles or trailers. The Auction Houses does not provide bags, paper, or other wrapping material when picking up lots of the Bidder has won.
3. Payment: If the Bidder, or representative/agent of the Bidder, cannot pick up the items during the pick up date and times provides, PLEASE DO NOT BID on any items. In the event of the items are not picked up during the time slots, the Auction Houses reserves the right to charge the Bidders credit card on file for items fees, buyers premiums, taxes, and any applicable fees (disposal fees, ect.). There is no storage available, so if an item goes unclaimed after the pick up times, the Bidder forfeits the items, the Bidders credit cards will be charged, no refunds given at the time the pick up window closes. If the items are not picked up during the pick up time slot, and the Auction House or their clients have not already disposed the items, the Auction Houses still has access to the property, and the Bidder wishes to pick up their items there will be a travel fee of $50 to let the bidder into the property to pick up the lots they have won. If the Auction House has to pay to have these items disposed of, the Bidders credit card on file will be charged a reasonable disposal fee. There are no exceptions to these rules.
5. Buyers Premium: The Bidder understands that each item up for auction will have a buyer’s premium of 15% added to the price of each item. When placing a bid and winning items please take the buyers premium into account and bid according. This means that if an item is sold at $100, the buyers premium would $15, and your total would be $115 (not including Michigan’s 6% sales tax).
6. Sales Tax: Due to Michigan law, there will be sales tax of 6% added to every lot won.
8. Failure to Pick-Up: The Auction Houses reserves the right to dispose of any items the Bidder has not picked up immediately after the pick up times. The Bidder will be charged a reasonable disposal fee and their credit on file will be charged the full amount of items one, buyers premiums, and a reason. In the event a Bidder does not pick up items, the Auction House reserves the right to terminate their bidder status, and thus not letting the Bidder bid on any items in any future auctions.
9. Inspection/Preview Day: The Auction Houses will hold specific auction preview hours so all Bidders will have the change to pre-view the lots they wish to bid on. We strongly recommended every person bidding on items to attend the pre-view days to inspection the items. Please note, the Auction Houses will not give refunds or returns for Bidders who bid and win items, but unhappy with the condition of those items.
10. Info Changes: The Bidder agrees to let the Auction Houses know of any changes with their contact information or credit information as soon as the Bidder knows.
11. Bidding Errors and Software Malfunctions: In the event you have made an error bidding, the Bidder must contact the Auction Houses immediately. The Auction Houses will not assume any bid is an error. In the event there is a malfunction within the software and/or bidding the Auction Houses is using, the Bidder will not hold the Auction House accountable.
12. Auction Changes: The Auction Houses reserves to change lots, pull items from the auction, combine lots, spilt lots, remove lots, increase, decrease or add reserve amounts, cancel the auction before, during or after the auction has closed or change any other auction options or settings at anytime without notice.
13. Staggered Closing and Soft Closing: The Auction Houses uses staggered closing which means that lots close within seconds of each other giving everyone a chance to view each item closing in real time. The Auction Houses also uses soft closing, which means that an auction item ends only after a specific time without any additional bids. This prevents against sniping and giving every bidder a fair chance at winning that item.
14. Bidder Notification: If the Bidder has won any items at the auction, the Auction House will notify them via email to let them know the items they have won and amount they owe. This is the only contact the Bidder will receive from the Auction Houses. Please make sure you check your email after the auction has closed. In the event the Bidder won an item at the auction and do not receive this email contact the auction house at 586-850-6812. Please check your spam file if you do not find it.
15. Third Party Liability: The Bidder will not hold the Auction House liable for any action done by a third party. This includes, but not limited to actions done by the fellow Bidders, Auction Houses clients, friends and family of the clients of the Auction Houses, or any person who commits a crime (I.E. breaking in an stealing or vandalizing auction lots) before, during, or after the auction has finished.
15. Removing Items: The Bidder must remove the items safely. The Bidders agrees to pay all costs associated with damages that may happen when the bidder and/or their helpers are moving items. In the event the Bidder damages anything while removing the items, their credit card on file will be charged for all costs associated with fixing said damages.
16. Auction House Liability: The bidders agree to not hold the Auction Houses responsible for any damages or injury that may happen when attending the inspection/preview day or auction pick up days. The Auction Houses asks the Bidder to watch their step inside the auction areas, as there may be some elevation changes or steps.
17. Legal Recourse: In the event an issue arises between the Bidder and Auction Houses, both the Bidder and Auction Houses agree to binding arbitration rather than litigation to resolve the dispute. The Bidder agrees to choose a venue located within Macomb County. The Bidder agrees that their dispute cannot be combined with any other person or party.
18. Client Rights: The clients of the Auction Houses have the right to bid on and win any items they have put to auction. The Clients agree to pay for all items and buyers premiums associated with any lots they have won.
19. These Terms and Conditions can be changed at any time without notice. Please read these terms and conditions each time you register for one of our auctions. These terms and conditions supersede any other agreement between you the Bidder and the Auction House has made in the past or present.
20. You are bidding on what is described. There may be items in the backround, but those are not included in the lot unless told otherwise.
21. If we are holding the auction at our warehouse, and you miss the pick up window but still wish to pick up your items, there will be a storage fee of $5 per lot per day. After 1 week from the time the pick up windows, you forfeit the right to those items, and your credit card on file may be charged for the items and fees (including storage fees). We also reserve the right to enforce the rest of our terms and conditions.
22. Contact Information: (586)-850-6812 Justin Coughlin
23. MSRP's: The MSRP's is the value given to us by the retailer we are auctioning off content for. This number was their retail value, and may or may not be the actual MSRP given from the manufacture.
24. Retail Items: Items may have a line cross out through any tag or barcode after photos have been taken. We will do this after photos have been taken. This is to make sure items can not go through the return process again. Furthermore, the Bidder agrees to not return any items bought through our auction to any retailer.
25. Contest Rules: In order to be entered into the contest, you must register for the specific auction with the giveway notice. We will only pick one person at random from this list of those who registered. If you are the winner, you must pick up your item during the pick up hours. No late pick ups. If the item is not picked up during this time, the item is forfeited. No shipping available. Only 1 person will win.
Seller User Terms
Bidder User Terms