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.
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.
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
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
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!)
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:
affiliate is conducting the auction and where the auction assets are located.
scheduled closing date and time of the auction, as well as when the auction
inspection and removals are scheduled.
Auction and Removal instructions or other pertinent info contained in the
auction terms, including payment types accepted by the affiliate.
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
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
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
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.
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 firstname.lastname@example.org. 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.
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
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
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
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
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
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
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.
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
Web site Interruption
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
that have closed prior to the Web site going down will remain closed and the
winning bidder invoices will be sent out.
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
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.
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.
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
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.
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 &
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
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
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
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
logos are trademarks of RightHandAuctions.com. All rights reserved. Any
trademarks appearing on RightHandAuctions.com are the property of their
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.
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
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
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 &
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.
Any waiver of any
provision by RightHandAuctions.com of the Terms & Conditions or Privacy
Policy will be effective only if in writing and signed by
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 email@example.com.
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.