YOU MUST REGISTER TO USE THIS WEBSITE. YOU MUST READ & AGREE TO ALL TERMS AND CONDITIONS BEFORE REGISTERING TO USE THIS WEBSITE. THIS IS A TRADEMARKED WEBSITE FOR PUBLIC USE THROUGH THIS SERVICE.YOU ARE SUBJECT TO ALL TERMS & CONDITIONS.
BY REGISTERING YOUR USER ACCOUNT, PLACING A BID OR OFFER, PLACING AN ORDER FOR A LISTING THROUGH THIS WEBSITE.YOU ARE ACKNOWLEDGING THIS AGREEMENT WITH THE CONDITIONS DESCRIBED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. BY REGISTERING ON THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT THE FOLLOWING DESCRIBES THE TERMS ON WHICH PUTMAN AUCTIONEERS, INC OFFERS YOU ACCESS TO OUR SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF OUR WEBSITE OR SERVICES INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICES.
***Putman Auctioneers, Inc. reserves the right to make changes to this Website and these Terms and Conditions at any time without prior notice.
Eligibility for Use of Our Service
Our Services are available only to users who can form legally binding contracts (18 YEARS OLD) under the laws of the United States of America and the country, state and/or territory in which such user resides. Without limiting the foregoing, our Services is not available to minors, users whose use of our Services has been temporarily or indefinitely suspended, nationals or residents of any country restricted by the United States Government, or any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use our Services.
Putman Auctioneers, Inc. owns or licenses from third parties all information and other content as well as all of the software and technology related to the Website. You may not use the website or copy, transmit, publish, modify, distribute, perform, create derivative works from or reverse engineer any of the Technology except as expressly permitted by these Terms and Conditions. Putman Auctioneers, Inc. may, at any time and in its sole discretion, add, delete or change the Website and any of the Services provided by or through the Website without notice.
All information, documents, communications, files, text, graphics, software, items available through the Website and services, including auction listing services i.e., Online Auctions are conducted through this Website by Putman Auctioneers, Inc. and third party users. Putman Auctioneers, Inc. reserves the right to ban or refuse your right to use this Website. Complaints are to be directed to management at email@example.com. You agree to provide accurate, current, and complete information on your registration, maintain and promptly update the Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website; Contact Putman Auctioneers, Inc. immediately of any unauthorized use of your username and password or any other breach of security regarding this Website. Putman Auctioneers, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section. When Putman Auctioneers, Inc. will notify users that their registration has been approved, such user shall become a “Registered User.” Only Registered Users are allowed participate in Putman Auctioneers, Inc. Online Auctions. Putman Auctioneers, Inc. reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in their Services.
Putman Auctioneers, Inc. does not control the information provided by other users which is made available through our system. Putman Auctioneers, Inc. never shares your information or sells it.
By placing a bid you are entering into a legally binding contract to pay for the item with the seller, do not bid if you do not intend to pay. If you are the winning bidder at the end of an auction (meeting applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction, unless the transaction is prohibited by law or by these Terms and Conditions. By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of these Terms and Conditions or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item’s description after you bid, or a clear typographical error is made. Bid Retractions – The seller reserves all rights to cancel. There are no bid retractions. If you have entered a grossly inappropriate bid please contact management team at firstname.lastname@example.org.
If you make a bid or receive at least one bid at or above the stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are to complete the transaction with the highest bidder upon the auctions completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity,(c) there is pending legal dispute preventing the sale, The seller reserves all rights to cancel the sale at any time prior to taking possession of property.
Is defined as any information you provide to Putman Auctioneers, Inc. in the registration, bidding or listing process, in any public message area, or through any email feature. You are solely responsible for your Information, and Putman Auctioneers, Inc. acts as a passive conduit for your online distribution and publication of the items listed on this website. Putman Auctioneers, Inc., however, may take any action with respect to your information as it deems necessary or appropriate if Putman Auctioneers, Inc. believes that any part of Your Information may create liability for Putman Auctioneers, Inc. or may cause Putman Auctioneers, Inc. to lose (in whole or in part) the services of any of its suppliers.
Your Information (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Putman Auctioneers, Inc. or cause Putman Auctioneers, Inc. to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under these Terms and Conditions; (bb) are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for sale on a web Website other than the Website; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our Website (or consummate any transaction that was initiated using our Services) that, by paying to Putman Auctioneers, Inc. the listing fee or the final value fee, could cause Putman Auctioneers, Inc. to violate any applicable law, statute, ordinance or regulation, or that violates any applicable United States laws or the laws of the country, state or territory in which either you or your trading partner reside or to which the item being sold is to be shipped.
If any downloaded content (the “Downloaded Content”) is provided to you by the Website (i.e., Java applets, Active-X controls, etc.), you may use such Downloaded Content only as part of your use of the Website in compliance with these Terms and Conditions. You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content without the prior express written consent of Putman Auctioneers, Inc.
No Warranty AS IS WHERE IS
PUTMAN AUCTIONEERS, INC. PROVIDES THE WEBSITE AND SERVICES “AS IS WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PUTMAN AUCTIONEERS, INC. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
***Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Disclaimer Of Liability
IN NO EVENT WILL PUTMAN AUCTIONEERS, INC. BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICES AND THE WEBSITE, EVEN IF PUTMAN AUCTIONEERS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT PUTMAN AUCTIONEERS, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THE WEBSITE, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON OR PROVIDED THROUGH OR WITH THE WEBSITE, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE LISTED ON THE WEBSITE, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) YOUR USE OF OR INABILITY TO USE THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Choice of Law
The laws of the State of California, United States of America, without regard to its choice-of-law rules, will govern the instruction, interpretation, and enforcement of these Terms and Conditions.
Fees and Services
Putman Auctioneers, Inc. does not charge a user for registration on the Website or for bidding on items listed on the Website. Putman Auctioneers, Inc. does charge a fee for the listing of items for sale on the Website. There is a 10%-18% Buyer`s Premium in effect on all auctions. For current Fees for listing items for sale on the Website are available by contacting Putman Auctioneers, Inc. When placing an order to list an item you have an opportunity to review and accept the fees that you will be charged for the use of our Services. Putman Auctioneers, Inc. may in its sole discretion change some or all of our services at any time. In the event Putman Auctioneers, Inc. introduces a new service, the fees for that service are effective at the launch of the service.
You agree to indemnify and hold Putman Auctioneers, Inc. and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Payment in full must be made at the conclusion of the auction. Payments will be made by cash, cashier’s check, Visa, MasterCard or certified check. Company and personal checks must have bank letter of guarantee or management approval. Bidder agrees to be responsible for the payment that may be the purchase price, Auctioneer’s fees, any applicable fees and taxes due on all bidder purchases. Putman Auctioneers, Inc. reserves the right to refuse/require/limit certain payment methods to customers deemed high risk by management.
NOTE – American Express Credit Card NOT accepted at any auction! No Exception!
Upon making payment for an item, no stop payment of funds will be honored. Any stop payment order or reverse charges order of a check/credit card, or issuing a check which is returned marked insufficient funds, shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. (Note: ANY bidder deposit non-refundable upon non-payment of merchandise.)
A 10%-18% Buyer’s Premium will be added to all purchases. Please see terms for each specific auction.
State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale in the form of a Resale Certificate or a Bill of Lading (must be provided at time of payment). Payment in full must be made at the conclusion of the auction. Company and personal checks must have bank letter of guarantee or management approval. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees and taxes due on all bidder purchases. Putman Auctioneers, Inc. reserves the right to refuse/require/limit certain payment methods to customers deemed high risk by management.
MOTOR VEHICLE PURCHASES
Titles and/or any supporting documents will be mailed after 14 working days of the auction. No titles will be given out on auction day. Titles will be mailed to the buyers name and address as it appears on registration.
Mileage: Any mileage in the catalog or announced is for references only. No guarantees are made to mileage. Actual mileage is not represented or guaranteed by Putman Auctioneers, Inc.
Fees: Any fees posted either in the catalog or on the vehicle are due to California DMV. These fees do not apply if you take the vehicle out of California. Also, certain bankruptcy or lien sale fees are still applicable with no regard for which state you reside.
REMOVAL OF ITEMS
Removal of all items shall be the sole responsibility of the purchaser. Loading assistance maybe provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchased items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, against any damage caused by the acts of purchaser. All items must be removed from the auction facility as per announced auction day, unless otherwise stated. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell or dispose of the items. Purchaser may be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items may result in a rental/storage fee of not less than $35 per item per day. Purchaser is responsible for insuring his purchases immediately. Putman Auctioneers, Inc. shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item from the auction facility until his purchases are paid for in full including applicable taxes & Fees.
Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents, employees and be held responsible for any minors with him/her. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of California, and will be in all respects to be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of California. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree to jurisdiction and continuing venue for any such action in the County of Sutter, State of California.
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any bidder.