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 service provided to the Bidder. The Bidder does not hold the Auction House responsible for bidding and winning items that are broke, defected, or damaged 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. 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. If a representative from the Auction House helps load or pack up an item, the Bidder does not hold the Auction House or their representative liability for any damage to the items or property of any kind.
3. Picking Up: 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. If the items are at our auction house, we will charge a $15 late pick-up fee for every invoice not picked up during the slated pick up times. We will only keep your items for 7 days. After then, they will be disposed of. There will be a $20 disposal fee for any lots not picked up. The auction winner not will not be refunded. For items located onsite at a Seller house: 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. The Bidders credit card on file will be charged a reasonable disposal fee. There are no exceptions to these rules.
4. Payment: You agree to pay for your entire invoice in full. After the auction has been completed, the Auction House is going to charge the card on file for the items. If you are paying CASH Please put the words CASH in notes to the auctioneer’s section of the registration. For invoices more than $2000, the bidder will pay via bank wire transfer. We may charge the card on file for a deposit any invoice if we choose. Failure to pay for your entire invoice will result in the auction house taking legal action.
5. Buyer’s Premium and Sales Tax: 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 please take the buyer’s premium into account and bid according. This means that if an item is sold at $100, the buyer’s 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. If you have a sale tax license, we must recieve the license before the auction has closed. We can not refund sales tax after we have taken payment, per Michigan State law.
7. Text Messaging Services: The Auction House may send reminder texts to bidders about auction information to the phone number used to register with. You are responsible for all of your carrier charges and data.
8. Inspection/Preview Day: To view the items contact the Auction House at email@example.com. 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.
9. 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.
10. 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.
11. Auction Changes: The Auction Houses reserves the right to change lots, change descriptions and titles, pull items from the auction, combine lots, spilt lots, remove lots, change the close dates, start over the auction, 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 any time without notice.
12. 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.
13. 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 586-210-8318. Please check your spam file if you do not find it.
14. 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. 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. The Bidder also will not hold the auction house liable for any damages or injury that results from the items won at auction.
16. Legal Recourse: In the event an issue arises between the Bidder and Auction Houses, the Bidder must take all disputes to mediation rather than litigation to resolve their 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. The bidder agrees to pay for all mediation costs regardless of the outcome. The Auction House reserves the right to use all legal means, including but not limited to, small claims court, to receive monetary damages resulting from actions of the Bidder.
17. 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.
18. 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.
19. You are bidding on what is described. There may be items in the background, but those are not included in the lot unless told otherwise.
20. 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.
21. Contact Information: (586)-210-8318 Justin Coughlin
22. 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 cannot go through the return process again. Furthermore, the Bidder agrees to not return any items bought through our auction to any retailer.
23. Contest Rules: In order to be entered into the contest, you must register for the specific auction with the giveaway 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.
24. Covid-19: The Bidder will hold the Auction House harmless for any illness and/or virus they may get while visiting the Auction House, seller’s estate, attending any auction related event, or any event in relation to the auction (example: getting gas on the way to pick up items. In the event of a Covid exposure or positive testing, the Auction House may extend out the auction or post-pone pick up until its safe for pick up.
25. Credit Card Disputes: In the event the Bidder disputes a charge on their credit card from the Auction House and loses, the Bidder agrees to pay the Auction House $100 fee to cover the cost of the dispute and time associated with fighting it. If the Auction House still has the items, or if they wish to every bid with Auction House again, this fee must be paid within 5 business days.
26. Shipping:You do not need to contact us if your out of state and need shipping. We will assume you need shipping for all out of state zip codes and if we have any questions, we will reach out. If you need shipping and you are local, you will need to reach out to us and let us know.
All shipping policies are below:
Please allow 3 weeks from the time an auction has ended to the time it ships. We charge a minimum of $15 per lot in labor for shipping plus the actual cost of shipping and materials. We ship every package USPS Priority with insurance. There will be an additional charge for bulk lots like china, glassware, figurines, box lots, large items, ect. If we have to buy a box for your items, we do charge for our time to go out and and buy that box plus the actual cost of the box. This charge is based upon how long it takes us to pack up your items and materials used. If you are buying a lot that needs shipped, it can get expensive. There will be an additional charge for items that are bigger than standard USPS Large Priority boxes. If you have a Ship To address other than Michigan, we will assume you need shipping. We will not be able to quote prices for shipping ahead of time. There is a USPS Shipping calculator online that can give you a rough idea how much your item will cost to be shipped.
27. The Bidder agrees to read all of the informational lots (typically the first few lots of every auction). These lots contain important info reguarding the auction.
Seller User Terms
Bidder User Terms