Terms and Conditions Agreement
THIS IS AN AGREEMENT TO PARTICIPATE IN ONLINE AUCTION(S), BOUND BY ALL LEGAL RIGHTS AND REMEDIES IN THE STATE IN WHICH THE AUCTION OCCURS.
DO NOT BID IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, ARE NOT ABLE TO PAY AND PICK UP YOUR ITEMS WITHIN THE SPECIFIED TERMS OF EACH AUCTION, OR IN ANY OTHER WAY CANNOT OR WILL NOT COMPLY WITH THE TERMS OF THIS AGREEMENT, OR OF THE TERMS STATED IN ANY GIVEN AUCTION OR AUCTION ITEM.
RightHandAuctions.com and Right Hand Auctions, LLC dba RightHandAuctions.com (hereinafter RightHandAuctions.com) is responsible for maintaining the RightHandAuctions.com Web site. RightHandAuctions.com serves as the venue used by independent auction companies (Affiliates) to present their online auctions to bidders. Affiliates are not employees, agents, representatives or partners of RightHandAuctions.com. RightHandAuctions.com’s knowledge about individual auctions and individual auction transactions is limited to the information appearing on the Web site.
The following terms and conditions apply to every auction posted on the RightHandAuctions.com Web site. These terms and conditions relate to general Web site policies and procedures. In addition to the Web site terms, each auction appearing on RightHandAuctions.com has auction specific terms. The auction terms appear at the bottom of every auction page, and list the name and phone number of the individual authorized by the independent business to conduct and manage that specific auction on the auction company's behalf.
PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEB SITE. YOU MAY ALWAYS REVIEW THE MOST CURRENT VERSION FROM THE "TERMS AND CONDITIONS" LINK AT THE BOTTOM OF THE HOME PAGE OF THE WEB SITE. ALTERNATIVELY, YOU MAY REQUEST A CURRENT COPY IN WRITING BY CALLING THE NUMBER LISTED ON THE "CONTACT US" PAGE. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING ANY CHANGES THEN CURRENT AT ANY TIME YOU USE THE WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS WEB SITE.
By placing a bid on RightHandAuctions.com, bidders are verifying they are at least 18 years old and acknowledging they understand and will comply with both the RightHandAuctions.com Web site terms and the auction specific terms.
The term “Auctioneer” refers to RightHandAuctions.com or its Affiliates.
NUMBER ONE RULE IN BIDDING
Removal Day Is NOT Inspection Day! Once a bid is placed, you are legally obligated to complete purchase if you are the winning bidder. Removal Day is not the time to "change your mind" or decide you "really don't like it." Failure to complete the agreed upon transaction for any reason may result in revocation of your bidder number, cancellation of pending bids, additional charges including but not limited to collection and legal fees, storage fees, and prosecution as allowed by law.
All bidders must register with RightHandAuctions.com and provide valid credit card information before participating in any auction. Failure to provide correct and truthful information during registration, or at any time, will be considered a material breach of these terms and conditions and subject to the liabilities and remedies set out here.
By registering as a bidder with this site, or by placing a bid on any auction found on this site, you are agreeing to be bound by these terms and conditions in addition to any other terms and conditions that may be applicable to a specific auction.
In order to place bids on the Web site, a credit card is required. Bidder is required to change credit card information as needed to ensure a valid and current credit card number, with sufficient credit available to cover any and all bids to be made. This ability is available to all bidders via the Web site's "Account" page. Registrants will be directed to our credit card processor and credit card information will be stored by the processor. The processor maintains full PCI compliance.
ID may be required. RightHandAuctions.com requires bidders to be over 18 and register with their full legal name. You may not register with any name other than your own. Attempts to register with a name other than your own(identity fraud), or with any credit card you are not authorized to use, or which will not provide Auctioneer with the ability to charge your purchases in accordance with the agreed Terms (Credit Card Fraud) will be referred to appropriate legal authorities. In the event that you have a legal right to register on another's behalf, you must send a copy of the appropriate Power of Attorney document(s) prior to registration.
A unique bidder number is provided to a Bidder upon completing of the registration process Bidders are responsible for keeping the contact information associated with their bidder number up to date and accurate. During the registration process, bidders will choose a password. This password is immediately encrypted and is known only to the bidder. It is the bidder’s responsibility to ensure the security of their password at all times. Bidders are strongly encouraged to 1) use passwords difficult to guess; and 2) to change their password on a regular basis.
Any Registered Bidder In Good Standing May Bid
All Registered Bidders in good standing, whether or not they are related in any way to RightHandAuctions.com, Affiliates, or Sellers, may bid on any auction or any item unless prohibited to do so by law.
Bidder Training and Tutorials
Bidders are responsible for understanding how to use the RightHandAuctions.com bidding platform prior to placing bids. Training videos and instructions are available within the Bidder Knowledge Base. If bidders require further assistance, they should contact RightHandAuctions.com (316-749-8904) prior to placing bids. Once a bid has been placed, no changes will be allowed. Confusion or misunderstanding regarding terms or any other facet of this relationship will NOT absolve the Bidder of their responsibilities. (Get your questions answered BEFORE you bid!)
Bidders are responsible for every bid placed with their bidder number. Bidders are responsible for knowing and abiding by the terms of every auction for which they receive a winning bidder invoice. Prior to placing a bid on an auction, the bidder should review the auction information and details included in the four tabs (Details, Terms, Directions and Shipping) at the bottom of each auction page, in order to determine:
· Which affiliate is conducting the auction and where the auction assets are located.
· The scheduled closing date and time of the auction, as well as when the auction inspection and removals are scheduled.
· Any Auction and Removal instructions or other pertinent info contained in the auction terms, including payment types accepted by the affiliate.
· Availability of shipping.
Auction Item Descriptions, Pictures, and Inspections
Auctioneers post item descriptions and photographs to aid bidders in the bidding process, and make every effort to ensure that these accurately represent the items being offered for sale. BUT the Auctioneer does not guarantee the accuracy of any picture or description for any item.
Affiliates are required to schedule inspections for every auction they conduct on RightHandAuctions.com. Bidders are strongly encouraged to ALWAYS inspect assets prior to bidding. Bidders accept ALL responsibility to understand the condition, completeness, safety, or suitability for intended use of an item. If there is any question, please bid accordingly.
Photographs are there to aid bidders in their decision making process. However, photographs can rarely show every facet of an item, nor accurately convey details. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected, or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. Please attend the preview for any auction for which you are planning to bid and inspect the item(s) yourself, and ask the affiliate representative any applicable questions at the time of the preview. If there is any doubt, consider it in your bidding.
CHOOSE WISELY: Bidders have sole responsibility for determining an asset's value. Bidders must conduct whatever due diligence is necessary for them to assess value prior to placing a bid. Bidding strategies and amounts should be based on the research conducted by the bidder including personal inspection, or inspection by a qualified person. By placing a bid, the bidder waives any and all claims against Auctioneer. Bidders further agree that mistakenly placed bids or buyer’s remorse will not justify failing to complete the purchase, or attempting to obtain a refund on the item.
Errors sometimes do occur in listings. If you feel there is a discrepancy or error between a listing and a photo, contact the Affiliate for clarification, and bid accordingly.
Assets are sold "AS IS WHERE IS"
Assets and items sold on RightHandAuctions.com do not have warranties, express or implied. Verbal statements, as well as Illustrations, descriptions, pictures, or videos posted on RightHandAuctions.com are for informational purposes only. Bidders have sole responsibility for determining an asset's value and condition. Bidders must conduct whatever due diligence is necessary for them to assess these things prior to placing a bid. Bidding strategies and amounts should be based on the asset research conducted by the bidder. Every bid is considered to be an offer to purchase the asset for the bid amount. By placing a bid, Bidder waives any and all claims against RightHandAuctions.com and the affiliate regarding condition, usability, safety, or value of items.
Changes in Circumstance
All aspects of the Web site and any auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.
Assets Published with Reserves
Assets requiring a minimum bid price to sell, appear on RightHandAuctions.com with “Reserve Not Met” below the Next Required Bid information in the lot description. Once the high bid reaches the required minimum bid, the message changes to “Reserve Has Been Met” and the lot will be sold to the high bidder. Auctions selling upon seller approval will be disclosed in the auction specific terms. In these cases, the reserve wording may not appear on the item listing.
Affiliates may lower a lot reserve at any time before or after an auction closes. If the reserve is lowered while the auction is in progress, the applicable reserve message will appear below the Next Required Bid information (Reserve Not Met or Reserve Has Been Met); the asset will sell to the high bidder if the lowered reserve amount is met. If the reserve is lowered after the auction closes, the highest bidder at auction close will receive a winning bidder invoice.
Auction Close and Extended Bidding
Information on bidding pages will not change or update until you click on the "Refresh" button, or place a bid. Each auction has a scheduled closing time. This is the time the first lot on the auction is scheduled to begin closing. Each asset within the auction will begin closing at the time indicated for that asset.
RightHandAuctions.com extends the closing time of a lot if a bid is placed on the lot in the final 3 minutes prior to the indicated close time. Each time an additional bid is placed, the countdown clock resets, allowing additional time for other bidders to see and respond to the change. A lot will not close until a full 3 minutes has expired since the last bid was placed. For example: If a lot is scheduled to close at 6:30pm and a bid is received at 6:29pm, the countdown clock will reset to 3 minutes from 6:29pm. If no other bids are placed, the lot will close at 6:32pm. If an additional bid is placed at 6:31pm, the countdown clock will reset to 3 minutes and the lot will not close until 6:34pm.
Bids Are Enforceable Commitments to Purchase
By placing a bid in an auction, a bidder is making a legally binding offer to: a) Purchase the asset for the amount of the bid, plus any listed taxes, fees, and premiums and; b) comply with the terms of this agreement, the terms listed on the auction page, and any terms listed on the page for the specific item(s) being bid upon.
Bidders are responsible and are held accountable for every bid placed with their bidder number if they are the declared winner of the item(s). Failure to do so will trigger the remedies set forth in this Agreement.
If you do not want an item, don't bid on it. Once placed, bids will not be retracted
Bids placed with any intent other than to purchase the asset for the bid amount is fraud. RightHandAuctions.com will prosecute bidders who engage in fraudulent bidding. RightHandAuctions.com terminates the bidding privileges of bidders who fail to honor their winning bidder invoices. Bidders who lose their bidding privileges are prohibited from placing bids on RightHandAuctions.com. Placing bids using another bidder’s number or registering for a new bidder number is also an act of fraud. RightHandAuctions.com will report any bidders engaged in fraudulent bidding to the appropriate authorities for prosecution, and may at its discretion seek any civil remedies available under applicable law.
If you believe that an unauthorized person has gained access to your account, you must notify us immediately by sending an email to email@example.com. You must also report the incident to the appropriate law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
Winning Bidder Notifications and Auction Invoices
Bidders are notified of their successful bids within a few hours of the scheduled auction closing, via a winning bidder invoice appearing on their Dashboard. Winning bidders (also referred to here as “Buyers”) are responsible for monitoring their Dashboards and fulfilling the auction terms associated with each winning bidder invoice appearing on the Dashboard. Additionally, RightHandAuctions.com's system may automatically send e-mail notifications to winning bidders. Due to the nature of the Internet, we have NO CONTROL over whether or not they reach their final destination. Bidders must determine their status by looking on their Web site dashboard two hours after the sale closes. Bidders are responsible for knowing if they have invoices, and fulfilling all associated obligations. (Claiming you did not receive your e-mail, and therefore it is not your fault that you didn't pick up, does not work.)
At the time an auction closes, the sale of the asset becomes a legally binding agreement between the winning bidder and the affiliate. The bidder is required to purchase the asset and the affiliate is required to sell the asset for the high bid amount plus the buyer’s premium and all required fees and taxes.
All Sales Final
All sales are final, unless stated otherwise, and NO REFUNDS will be given for any reason (with the exception of items not being available as stated), including but not limited to bidding errors, posting errors, or condition of items.
Invoices that include assets subject to sales taxes will have the appropriate sales tax amount included on the invoice. Sales taxes are calculated on the sale price (winning bid + buyer’s premium) for each asset included on the invoice. Fees and taxes will be charged on all applicable assets; the only exception to this is if the winning bidder provides required documentation and the necessary completed RightHandAuctions.com form to waive the taxes, with acknowledgment of receipt by RightHandAuctions.com at least 2 business days (Monday-Friday, excluding Federal Holidays) before bidding on a given auction. Unless this requirement is met, and the process completed, taxes will be added to the invoice and collected from the buyer. It will then be the buyers responsibility to seek refunds from the taxing authority if so desired. (So if you're tax-exempt, get it to us early, everybody will be better off.)
The winning bidder is charged a 15% buyer’s premium for every asset sold on RightHandAuctions.com, with the exception of real estate, which may vary by auction. The buyer’s premium appears on the invoice and is based on the winning bid total. The winning bid plus the buyer’s premium represents the actual sale price of each asset. The buyer's Premium is taxable.
In some cases, the Buyer's Premium may be reduced for special circumstances, if so, any modification will be clearly stated in the specific auction terms.
Some auctions or auctions may have special costs associated (Government imposed charges, FFL fees, etc.). In such event, the text of the auction or item will say so. Shipping fees may have to be calculated based on several factors, so may have to be calculated. Known fees will be added to the auction invoice. In some cases, such as where shipping or other services are requested without final pricing available immediately, Additional Invoice(s) may be created. Contact the listed Affiliate for any questions.
Due to the expense in running credit cards for low value invoices, the minimum credit card transaction charge will be $5.00.
Credit card payments are not accepted for more than $5,000, unless otherwise stated in the auction terms.
Auctioneer may elect to offer alternative payment options, or may, at its sole discretion, automatically charge the credit card on file at any time after the close of the auction for the amount of the invoice. In the event the credit card is declined for any reason, Buyer is responsible to pay all due amounts immediately.
If Buyer, or Buyer’s employees, agents, or assigns attempt to initiate a chargeback process through Buyer’s lender or credit card company, or other credit issuing entity, in contravention of this Agreement and/or any other applicable terms, Buyer shall be liable for all costs and expenses Auctioneer incurs, including reasonable attorneys’ fees, to dispute such chargeback process, including all costs and fees related to any resulting litigation or dispute resolution process.
Auction Item Pickup, Removals, Cleanup, and Shipping
Winning bidders must pay their invoices prior to removal, and remove their assets from the auction location during the scheduled removal date and time listed for the auction. Bidders should not place bids on an auction if they are unable to attend the scheduled removal, unless and until they have arranged for another party to remove the assets during the removal, or made clear arrangements regarding an alternative removal time, or the availability of shipping with the Affiliate. Affiliates address auction specific removal and shipping instructions in the Auction Terms, Details and Shipping tabs located at the bottom of each page of the Auction. It is important for bidders to recognize affiliates are under no obligation to provide alternative removal times or shipping for the assets in their Auctions, and will rarely do so, as this would result in additional cost, and may even be impossible for reasons outside of Affiliate's control.
Once an auction has ended, the items become the property of the winning bidder (Buyer). Affiliate responsibility is limited to making the item(s) available for pickup to Buyer, and will not assist with de-installation, disassembly, transportation, or any other facet of handling or moving the item(s). Buyer is encouraged to visit previews for reasons otherwise stated, and to consider any costs for assistance, tools, time, etc. needed to safely perform the work required for removal. Buyer assumes all responsibility for safety, including liability for damage and/or injury to persons or property resultant from Buyer's removal efforts and indemnifies Auctioneer from the same.
Buyer is responsible to remove their purchased items in entirety, and to perform or pay for cleanup of leftover items and/or damages incurred during removal. In such event, as necessary, Buyer will be billed via methods described herein for such services.
Failure to Fulfill Buyer's Obligations
By placing a winning bid, Bidders become Buyers. Buyers have promised (and thus are obligated) to complete the purchase in accordance with these terms and conditions. RightHandAuctions.com, its Affiliates, and its sellers rely on the Buyer’s agreement to pay for the items.
Because its website is used by, and geared toward, business and commercial enterprises, and others with knowledge of and experience with auctions, RightHandAuctions.com anticipates that bidders know or should know that payments must be made and items must be removed from their current locations within the defined amount of time after the auction closes, or else the seller (or Auctioneer) may incur significant losses.
Thus if Buyer fails to complete the purchase and retrieve the items as agreed in these terms and condition, Auctioneer will suffer significant harm, including but not limited to, the loss of Auctioneer’s commission and buyer’s premium, costs and expenses to re-auction or otherwise sell the item, costs of storage or disposal of the items, and damage or loss of Auctioneer’s business relationships with its clients and sellers.
Failure to Complete a Purchase
You agree that if, after being declared the winning Bidder, you fail to pay, for or you prevent RightHandAuctions.com from collecting your owed amount(s) via your credit card on file for any item that you have won, for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree to pay all reasonable debt collection and/or attorney's fees incurred by RightHandAuctions.com to collect your debt.
You further agree that RightHandAuctions.com and/or Affiliate will have the right to immediately resell your item, and you further agree to pay 1) any cost associated with such a resale and; (2) any deficiency between your original purchase price and the resale price, in the event of a successful re-sale. In no event is RightHandAuctions.com and/or Affiliate required to resell the item(s), or to refund or discount any debt or funds paid.
Bidder remains liable of all claims and remedies agreed upon in these terms and conditions, and any for civil or criminal remedies that may be available to RightHandAuctions.com and/or Affiliate under applicable law.
Failure to Pick up or Remove Items
Failure to remove purchased items during time allotted pick-up time will result in a storage fee of $100.00 per day, per invoice. Items remaining at sale location after the pick-up day(s) will be considered abandoned and may only be available at the auctioneer’s discretion. Ownership of item will then revert to the party with primary vested interest in the item, and any funds paid shall be forfeited. The buyer agrees to pay all costs and fees associated with delinquent accounts, abandoned items, and forfeited items, including but not limited to legal, collection, and other fees including transportation, disposal, and storage expenses. All premiums and fees remain applicable.
Winning bidders who fail to attend the published removal time and haven’t made alternative arrangements with the affiliate prior to the removal day, lose claim to the assets on their winning bidder invoice. Auctioneer will decide how unclaimed assets will be handled. The second highest bidder may, but not necessarily, be given the opportunity to purchase unclaimed assets for their highest bid.
If the asset is resold for an amount less than the original highest successful bid, the original winning bidder is obligated (at minimum) to pay the difference in the sales price (bid + buyer’s premium + applicable taxes). Additional costs may include storage fees, restocking fees, or disposal of the item in any way the affiliate may choose. In no case is the winning bidder absolved of responsibility to pay all amounts due as defined herein. In no event is RightHandAuctions.com and/or Affiliate required to resell the item(s), or to refund or discount any debt or funds paid. These remedies are in addition to any other remedies or claims RightHandAuctions.com and/or Affiliate might have under any governing terms and conditions or applicable law.
Transfer of Ownership and Risk of Loss
At the time the winning Bidder pays their invoice in full, ownership of the asset and risk of loss passes immediately to the bidder. If a winning bidder pays his invoice in full, but does not take possession of the assets during the removal day, ownership and risk of loss will still transfer to the bidder.
Failure to Abide by Web site and/or Terms
Bidders are responsible for knowing and abiding by the Web site and all Terms applicable. Failure to do so will result in the termination of bidding privileges on RightHandAuctions.com, and reinstatement is at the sole discretion of RightHandAuctions.com.
Duplicate bidder accounts will be deactivated when they are determined to exist. If possible and at our discretion, RightHandAuctions.com reserves the right to delete any bid we believe has been place by a suspect bidder. Any registration that shows up on our fraud detection system may be placed on hold and bids removed until the user is verified . RightHandAuctions.com reserves the right to disallow anyone from bidding on its Web site. A member of a household who has "No-Showed" on an invoice will cause all members of the household to be disallowed from bidding. No further registrations from the household members will be allowed until prior issues are cleared. Cases of obvious bidding with no intent to redeem, or any case of bidding with fraud of any sort will be referred to appropriate legal authorities.
In the event that bidding rights are terminated, bidders MAY be reinstated at the sole discretion of RightHandAuctions.com only after payment of any of any unpaid invoice(s) (or at RightHandAuctions.com's sole discretion, a minimum penalty fee of 20% for any unpaid invoice(s) where some or all item bid amounts owed were otherwise recovered), and a reinstatement fee of $25.00 has been paid to RightHandAuctions.com and a scanned copy of your driver's license e-mailed to us. INVOICED ITEMS WILL NOT BE AWARDED. The payment is punitive and meant to deter no-shows.
Web site Interruption
RightHandAuctions.com is committed to doing everything possible to ensure the reliability of our Web site. Unfortunately, there are factors outside our control that can impact access to RightHandAuctions.com. If RightHandAuctions.com becomes inaccessible at any point during an auction closing, the following protocol will be followed:
· Auctions that have closed prior to the Web site going down will remain closed and the winning bidder invoices will be sent out.
· Auctions in the process of closing, regardless of how many lots have closed or have yet to close, will be reopened and the auction closing will be extended by 24 hours. Lots that closed prior to the Web site going down, will be reopened for bidding; the winning bidder will be the lead bidder upon the Web site becoming accessible again.
· Auctions scheduled to begin closing during the time the Web site is inaccessible, and for the 15 minutes following the Web site coming back online, will have the auction closing time extended by 24 hours.
· Auctions scheduled to close more than 15 minutes after the Web site becomes accessible again, will close at the scheduled time.
In the event of a Web site interruption not covered by one of the above scenarios, RightHandAuctions.com reserves the right to make the final determination of how the auction will be handled.
RightHandAuctions.com, provides no guarantee for the constant and uninterrupted availability of the Web site for any reason. RightHandAuctions.com shall not be liable for any damage incurred by auction users or third parties from using RightHandAuctions.com' services. RightHandAuctions.com shall not be liable for damage that occurs due to bids not being received by RightHandAuctions.com, not being received promptly, or not being considered or applied to a given auction or item.
Disclaimer of Warranty and Liability Regarding Use of RightHandAuctions.com’s Website
You agree that use of RightHandAuctions.com is at YOUR sole risk. Neither RightHandAuctions.com nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by RightHandAuctions.com, or the like, warrant that websites affiliated with RightHandAuctions.com, including, but not limited to, RightHandAuctions.com, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on RightHandAuctions.com may contain inaccuracies or typographical errors. RightHandAuctions.com makes no warranty as to the results that may be obtained from the use of RightHandAuctions.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through RightHandAuctions.com. RightHandAuctions.com shall not be responsible for any opinions, views, advice, or statements posted on RightHandAuctions.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized RightHandAuctions.com spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized RightHandAuctions.com spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF RightHandAuctions.com IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY RightHandAuctions.com, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RightHandAuctions.com DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
RightHandAuctions.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF RightHandAuctions.com, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM RightHandAuctions.com, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, RightHandAuctions.com DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RightHandAuctions.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM RightHandAuctions.com OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT RightHandAuctions.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH RightHandAuctions.com.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON RightHandAuctions.com SERVICES OR ITEMS PURCHASED, FROM INABILITY TO USE RightHandAuctions.com SERVICES OR ITEMS PURCHASED THROUGH RightHandAuctions.com, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF RightHandAuctions.com' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Change of Company Name and Organizational Element
At the time of execution of this Agreement, RightHandAuctions refers as established to “Right Hand Auctions, LLC, LLC d.b.a. RightHandAuctions.com”. RightHandAuctions reserves the right to separate to a standalone company, providing the same services as before, and servicing this and other applicable agreements under the same terms. Affiliate agrees that such a change shall not affect the terms of this agreement, and the obligations hereunder shall carry forth by both parties following such change.
Disclaimer of Warranty and Liability Regarding Purchases on RightHandAuctions.com’s Website
RightHandAuctions.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY RightHandAuctions.com OR ANY OF ITS AGENTS, AFFILIATES, OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT RightHandAuctions.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON AFTER PICKUP. IN NO EVENT SHALL RightHandAuctions.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
RightHandAuctions.com's logos are trademarks of RightHandAuctions.com. All rights reserved. Any trademarks appearing on RightHandAuctions.com are the property of their respective owners.
By agreeing to these Terms & Conditions, You and RightHandAuctions.com each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of RightHandAuctions.com, including Your use prior to agreeing to these Terms & Conditions, or to any products sold by RightHandAuctions.com will be resolved by binding arbitration, rather than in court, except that, claims may be asserted in small claims court when applicable.
You agree that any and all claims, disputes, and causes of action between You and RightHandAuctions.com, including those relating to Your use of the RightHandAuctions.com website or these Terms & Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, You agree to negotiate with RightHandAuctions.com or Affiliate (depending on which has primary responsibility for the Auction(s) in question) regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to RightHandAuctions.com in a manner specified in the "Notices" section below. If RightHandAuctions.com or Affiliate and You do not reach an agreement regarding a Dispute within 30 days following RightHandAuctions.com' receipt of the Notice of Dispute, RightHandAuctions.com and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.
RightHandAuctions.com liability in any case shall be limited to no more than the final bid price of the item(s) in question.
The remedies and claims available to the parties under any applicable terms and conditions are in addition to any other claims or remedies the parties may have under applicable law.
You agree that RightHandAuctions.com shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred to enforce any of the provisions in these terms and conditions and to prosecute or defend any claims or lawsuits or other dispute resolution proceedings arising out of bidder/buyer’s participation in any auction.
You agree to indemnify, defend, and hold RightHandAuctions.com and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from all claims, demands, suites, liability, costs and expenses, including reasonable attorneys' fees, arising out of, or in connection with (i) your the use of RightHandAuctions.com’s Web site or any of the services offered by RightHandAuctions.com, (ii) any violation of these Terms & Conditions by you, (iii) any violation of applicable law or court order by you, and (iv) any negligence or willful misconduct by you.
Applicable Law & Severability Clause
This Terms & Conditions Agreement and Your use of RightHandAuctions.com shall be governed by the laws of the United States of America and the State of Kansas. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Kansas. You agree to accept the jurisdiction of such courts.
VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW
If You open an account or participate in auctions offered by RightHandAuctions.com while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that RightHandAuctions.com cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, security, protection, or privacy guidelines of third-party websites.
Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to RightHandAuctions.com by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to RightHandAuctions.com, 2709 Boulevard Plaza, Wichita, KS 67211, or via email at firstname.lastname@example.org.
The above-stated Terms and Conditions cannot be altered except in writing by RightHandAuctions.com. These terms and conditions are in addition and supplement any other applicable terms and conditions governing the use of RightHandAuctions.com.