Terms and Conditions
Joseph & Company, LLC strives to ensure customer satisfaction in all that we do. Please take the time to read the following terms and conditions for our auctions. By registering to bid, receiving a bidder’s number, or bidding in any auction in person, online, or otherwise through any agent or buyer’s representative, you have acknowledged and agreed to the following terms:
Joseph & Company, LLC is acting as agent of the Seller and at no time acting on behalf of the Buyer.
All items are sold “AS-IS, WHERE IS” with all faults, if any. There are no warranties or guarantees, or representations of merchantability, of fitness, nor of any other kind, express or implied. When possible, items will be available for examination prior to bidding either in person, online or by private viewing as per arrangements with auctioneer.
Once the auction begins, your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind. We recommend that you not bid on an item if there is any question of authenticity, provenance, quality, age, condition, safety, materials or any other feature of items being sold.
Our goal is to provide prospective bidders with accurate and detailed information, but we recommend each bidder do their own due diligence throughout the buying process. No statement written or oral made by the auctioneer or any other representative shall be deemed a warranty or assumption of liability by Joseph & Company, LLC, or by any Seller represented by such. All sales are final, and no refunds will be given for any reason.
Placing a bid creates a contractual agreement to purchase the items being sold at the high bid price. In addition, a Buyer’s Premium, sales tax and any additional fees will be calculated in the final price. Our buyer’s premium is typically fifteen percent. (For example, if the Item you bid on sold for $100, the buyer’s premium would be $15; and the final price would be $115 plus tax and removal fees, if any). Taxes will be calculated based on the county where the auction is held, and anyone with tax exempt status must provide proof at checkout. Auctioneer and auction staff are permitted to bid and buy, and auctioneer may, on behalf of the seller, bid on items with Reserve (up to the Reserve amount). The Buyer shall insure their items once they have been deemed the winning Bidder, and Joseph & Company, LLC is not responsible for merchandise once a successful high bid has been accepted and the bidder becomes the contractual owner of that merchandise.
The identity of all bidders will be verified via legal Driver’s license or ID card, with a minimum information requirement of name, address and telephone number. Bidding rights are provisional, and if complete bidder verification is not possible, we reserve the right to reject bidder registration and subsequent bidding activity. We reserve the right to refuse service to any person who we feel to be fraudulent, and law enforcement will be contacted on an as-needed basis. Furthermore, any matters of collusion and bid-rigging by auction attendees shall be grounds for removal from the premises and subsequent legal prosecution.
Joseph & Company, LLC requests that any bidder wishing to partake in the bidding process makes his or her bid clearly identifiable to the auctioneer or any ring person assisting in the auction. We are not responsible for any missed bids, and the auctioneer has final authority to settle any bidding disputes that may arise during the auction. A lot is sold when the auctioneer indicates it in their customary manner. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids, unless advertised “without reserve”. If an item is withdrawn from the auction it will be offered again only at the auctioneer’s discretion. All bidders must be eighteen (18) years of age or older.
Joseph & Company, LLC has full discretion to modify the date and time, order, and any other details of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and matters of convenience for the Auctioneer or the Seller. All bids are subject to Seller confirmation unless the auction is advertised “Without Reserve” or “Absolute,” and we also reserve the right to cancel any auction, or remove any item or lot from all auctions prior to the close of bidding even if a bid has been placed unless advertised “Without Reserve” or “Absolute.”
Payment is due in full at the conclusion of each auction. No items will be released from auction sites or facilities without a valid paid invoice. No exceptions. Credit cards are typically accepted as valid forms of payment, but are subject to additional processing fees. Announcements the day of auction will further indicate acceptable forms of payment and additional fees, if any.
All purchased items are required to be removed from the premises upon completion of the auction, or as specified for each individual auction. Joseph & Company, LLC does not offer any type of shipping methods or assistance during removal. Buyers must bring all tools, people and equipment to safely remove won items, and all items not picked up during the removal time will be considered abandoned. Joseph & Company, LLC shall not be liable for such items and will dispose of said items in whatever way deemed appropriate.
Joseph & Company, LLC strives to produce quality auction events that are safe for all. By attending one of our auctions, each person has acknowledged and agreed that the auction site may pose obvious, hidden, and unknown dangers and other perils. It shall be each individual’s responsibility to ensure their own personal safety throughout the event. Furthermore, each auction attendee agrees to indemnify Joseph & Company, LLC and Seller, and hold them harmless for injury, death, or any other damage to person or property. Joseph & Company, LLC shall further be held harmless for any matters of force majeure, or similar matters of like nature.
Joseph & Company, LLC reserves the right to modify, add, or remove any section of these terms and conditions of sale at any time, with or without notice. All announcements made the day of auction supersede and take precedent over terms and conditions listed here.
These same terms and conditions shall apply for online auctions, except as modified and noted otherwise. Additionally, due to varying differences of internet service providers, internet speed, computer processor speed, and different online bidding platforms, we are not responsible for failure of any part of the online bidding process or internet bidding.
These same terms and conditions shall apply for private treaty sales, except as modified and noted otherwise.
This agreement will be construed and governed in accordance with Federal law, as well as the laws of the State of North Carolina. Bidder/Buyer agrees that any controversy or claim arising out of any auction, or any related dealings with Auction Company or Seller, must be resolved by final binding arbitration in pre-determined legal venue selected by Joseph & Company, LLC.