Terms and Conditions
Terms and Conditions for Online Auctions
Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.
All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
aKsurplus.com dba E & K Auction Services (aka Auctioneer) reserves the right to change the online sale terms and conditions.
Eligibility of Bidders. All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
Acceptance Period. By participating in this online auction, you have agreed to be bound by these online sale terms and conditions during registration and submitting a bid, the bidder agrees to the Terms and Conditions of sale and to pay for and remove the property, if the bid is accepted, by the dates and times specified in each lot.
Compliance with Terms of Sale. In default of payment of purchase price in full within the time specified, Auctioneer may retain all monies received as liquidated damages in addition to all other remedies allowed by law. No claims will be allowed. Goods not paid for or removed within the time specified may be resold at public or private sale without further notice and any deficiency, together with all expenses and charges of resale, will be charged to the defaulting purchaser.
Bidders Indebted. The bidder warrants, by accepting the online sale terms and conditions and submitting a bid, which he/she is not delinquent in paying for previous purchases of personal property and any related charges. Indebted bidders will be ineligible for future bidding. Bidders will not be able to bid on items specified on this website until all debts have been cleared.
Contract Disputes. If any dispute arises between the Parties, and such dispute is not disposed of by mutual agreement of the Parties, the Parties agree to subject the dispute to binding arbitration pursuant to the rules of the American Arbitration Association. Such arbitration shall be a condition precedent to initiating any administrative appeal or civil lawsuit. The cost of the arbitrator(s) shall be equally divided between the Parties.
Condition of Goods. All goods are sold as is, where is, without express or implied warranties and without recourse against Auctioneer/Seller. There is no guarantee, warranty or representation, expressed or implied, as to quality, kind, character, quantity, weight, size, description or fitness for any use or purpose of any sale goods. Bidders are responsible for the security of their purchases immediately after the award is made.
Inspection. It is the bidder’s responsibility to inspect the goods during the inspection period provided prior to auction. Bidders on vehicles are responsible for compliance with the emission regulations for their area. Bidder’s failure to inspect goods will not constitute grounds for any claim for damages, adjustment, cancellation of purchase or any other remedy. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Auctioneer/Seller concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS – WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer/Seller. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer/Seller.
Reporting Discrepancies/Hazardous Materials. Prospective bidders are asked to inform the sales office of any discrepancies in the property descriptions discovered while inspecting the property and of any lots in this sale that contain hazardous material/waste not indicated in the property descriptions.
Consideration of Bid. It is the policy of Auctioneer to monitor bids and other activity to ensure the proper use of our site. The Auctioneer reserves the right to reject any and all bids. Bids can be rejected for any reason, especially those containing inaccurate, incomplete or unverifiable information, or information which is deemed to have been given in bad faith. Auctioneer monitors for suspicious bids. Such bids are subject to investigation and cancellation at any time. If Auctioneer removes a bid, the bidder with the next highest bid, who is in compliance with the online terms and conditions, will become the current high bid. It is a violation of law to submit bids using a false name or any other fraudulent information, and such bids may not be processed, even if we initially accept a bid. Be aware that if you give us falsified information, we will remove you from the database and use whatever legal means and methods available to the Federal government to prosecute.
Oral Statements and Modifications. Auctioneer is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.
Notification of Sale Results. Successful bidders must contact Auctioneer within 2 business days from the date & time the award email notification was sent. It is the bidder’s responsibility to follow-up on the status of his/her bid and to ensure that his/her email address and all registration data are kept accurate and up-to-date. If at any time, your information changes, it is your responsibility to update the appropriate information at aksurplus.com Warning: If any emails are undeliverable and returned due to an inaccurate email address, Auctioneer may remove such registrants from the database.
Payment and Removal Timeframes. SEE TERMS OF SALE FOR SPECIFIC AUCTION/S
Forms of Payment. Payment is restricted to the following instruments: U.S. currency, bank cashier’s check; credit union cashier’s check issued by a Federal or State chartered Credit Union; U.S. Postal Service or commercial money order; travelers’ checks and personal/business check on approval of Auctioneer. All checks and money orders must be made payable to the E & K Auction Services.
If you are wishing to make payment in U.S. currency, please contact us at (907) 240-7695 to make arrangements.
All sales are final.
Removal. Removal shall be at the expense, liability and risk of the purchaser. Purchaser agrees to indemnify and hold harmless both Auctioneer/Seller against any damage caused by acts of the purchaser and/or his agents. Auctioneer is not responsible for goods not removed within the time specified, and shall have the option of removing and storing any goods not removed at the expense and risk of the purchaser. The Purchaser will make all arrangements and perform all work necessary to effect removal of the property, to include loading, packing and transportation of the property.
Title to Property. Title to goods sold shall transfer to the purchaser when full and final payment is made. Vehicle or property title paperwork will be provided to purchaser as soon as practical following the auction. Purchasers are responsible for the paperwork provided, a fee will be charged for replacement paperwork.
The way you register will determine how your information is displayed on sales paperwork. Either your name and address as an individual, or your name, company name and address must be completed as you wish it to appear on all subsequent paperwork. You can only select one option to indicate registering as an individual or company. Changes will not be permitted after award. If you wish to participate as an individual and a representative of a company, you must register separately for each and place bids accordingly.
Default. Bidders are cautioned to bid only on items they are prepared to pay for and remove in accordance with the online sale terms and conditions of this sale. Failure to pay for and remove all items awarded within the specified time could result in termination of the contract. The bidder will also be subject to paying liquidated damages.
Blocked from Bidding. In the event bidders provide false information or default for non-payment or non-removal, they will lose all rights to place bids for other items. They will only be allowed to “browse” the items. At such time the bidder cures his/her default, he/she will be unlocked and be given access to begin bidding on items.
Technical Problems. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
Occasionally, technical problems will interrupt the bidding process for an unspecified amount of time. These interruptions may affect some or all bidders. In the event of an interruption, an evaluation of the length of interruption time and the numbers of bidders affected may prompt Auctioneer to extend the closing time for an auction. Extension may range from 1 hour to 24 hours based on the aforementioned criteria, to insure fair and full competition.
Canceled Auctions. Due to technical problems encountered from time to time, situations may arise that warrant Auctioneer canceling awards because full and open competition consistent with the value and nature of the property was not met. Items may be reoffered at a later date.
Terminated Auctions. It may be necessary to withdraw items from bidding due to technical errors or uncontrollable circumstances. Auctions may be terminated because the property is no longer available due to legal issues, property becomes damaged; property is stolen, or property was improperly described. Items may be reoffered at a later date.
Your use of this auction site marks your acceptance in full of these Terms and Conditions.