Terms & Conditions:
GENERAL TERMS AND CONDITIONS FOR THIS AUCTION: (please note terms and conditions may differ for each event and are subject to change) As a condition of bidding, bidders have read all disclosures, sale contracts, and posted information and agree to all terms and conditions.
1. BUYERS PREMIUM: A 10% buyer's premium will be added to purchase (example: If high bid is $100,000 than $10,000 will be added for a total of $110,000.)
2. ONLINE REGISTRATION: If a property requires additional registration verification (see below)
To register to bid, please click “Register” on any registration link. Your bidder number will be emailed to you shortly after you submit your registration.
Prior to you being authorized to bid, your credit card will be “authorized” $3,000 prior to you being authorized to bid and $2 upon placing your first bid. THIS IS NOT A CHARGE, YOUR CREDIT CARD WILL ONLY BE CHARGED IF YOU ARE THE HIGH BIDDER but, this authorization may tie up existing credit on your card and will be released upon auction end if you are not the successful bidder. If you wish to use an ACH Wire Transfer, please contact us and we will send you the transfer authorization.
You will agree to the Auction Terms & Conditions electronically upon placing your first bid. Your credit card will only be charged if you are evidenced as being the high bidder within 24 hours of auction end. An ACH wire transfer may be elected to avoid credit card processing fee of up to 3%. If you have further questions or need assistance, please contact us at 330.559.6809. You must be 18 years old to bid at auction.
3. OUR COMMITMENT TO THE CUSTOMER: We want a win/win for Sellers and Buyers and we ask that you abide by our terms and conditions. We appreciate your business but also your understanding. Our Seller(s) are not responsible for paying extra charges incurred by in order to facilitate a sale. THIS IS A NON CONTINGENT SALE. ALTHOUGH BUYERS MAY SEEK TO OBTAIN FINANCING, BUYER IS REPRESENTING THAT IN THE ABSENCE OF FINANCING THEY ARE ABLE TO PREFORM ON SALE. THERE ARE NO BUYER CONTINGENCIES.
4. BIDDING ERRORS: Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids before submitted. We will not reverse bids that have caused another bidder to be outbid, or once the auction begins the closing process. Please make sure and review all bids before submitting. Due to the nature of online auctions, Burgan Auctions and or Burgan Real Estate reserves the right to reject, suspend or delete any bid that in its judgment it feels to be erroneous or fraudulent.
5. MAXIMUM BIDS: We encourage our bidders to bid their MAXIMUM as, our software will only advance your bid incrementally if another bidder bids against you. If you are immediately outbid when you place your bid, then you are likely bidding against a higher maximum bid and it will be so indicated. MANY of our buyers use maximum bids as they no doubt have seen the convenience and do not risk missing the opportunity by placing only the Next Bid Required on items. This also avoids frantic bidding towards the end of the auction. CLICK ON THE "REFRESH LINK" often to be sure you are seeing current data.
6. GROSS BIDDING ERRORS: If you make a gross error you must immediately contact our office by email at email@example.com or call 330.559.6809. Communication of the error does not resolve the error. Burgan Auctions will attempt to address the bidding error.
7. STAGGERED CLOSING: Multiple items close in timed intervals as indicated.
8. AUTO EXTEND/DYNAMIC CLOSING: The closing time of an asset is automatically extended an additional period of time whenever a bid is placed within the last minutes of the asset's closing time to allow bidders to bid and will continue until bidding ceases as indicated on bidding screen. (note: time on screen displayed is limited to “minute” intervals. You generally have less time than that “time” which is displayed.)
9. BID NOTIFICATION: PLEASE CHECK YOUR SPAM FOLDER IF YOU DID NOT RECEIVE OUTBID NOTICES! To quickly review your bids and see if you have won you can utilize the 'review bids' feature. Items that you have been outbid on will be clearly marked. The auction company does not guarantee automated communications and are for bidder convenience only.
10. WINNING BIDDER NOTIFICATION: You will be contacted by email (you are responsible for checking your email). If you feel you have won and not received an email you must notify us by email no later than 9 AM the next day. NOTE: it takes time to process invoices so you may not receive an invoice until next business day.
11.. AUCTION DESCRIPTION: Any documented inspection or description is opinion, not fact and does not constitute a warranty of any kind. DISCLAIMER: All descriptive information, nominal dimensions and descriptions based on 3rd party, public and personal interpretation of the offering. Buyers must rely only on their own inspections and verification of the information presented.
12. WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. Burgan Auctions is not responsible for the use or misuse of items, infestation and pathogens, environmental harm or any injury or harm caused by items purchased. Any information provided is obtained through 3rd party and public sources deemed to be correct.
13. BUYER DEFAULT: If a bidder(s) defaults at an auction, the auction company may, at its option, contact the backup bidder(s) for an offer but has no legal obligation to do so.
14. DAMAGE: Any damage caused by a buyer during the preview(s), is at the expense of the Buyer. Their information will be given to the Seller upon request and they will be held liable for any damages.
15. CHOOSE WISELY: when you bid on the wrong item or decide an item is not suited for your intended use, our Seller(s) are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly. A bid placed in BurganAuctions.com is a contract to purchase from our Seller. BurganAuctions.com bidders may not retract their bids, nor will BurganAuctions.com retract your bid. There is a review screen that is displayed before your entered bid becomes final.
16. RESERVE AUCTION: All Burgan Auctions "online auctions" are "Reserve" auctions. Therefore the auction company reserves the right to establish or change bidding increments, remove items from the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an individual item and or auction event, delay the start of the bidding suspend or cancel the bidding of any buyer at any time. Change, modify, delete or add to descriptions, photos. Change auction closing time, inspection or removal times, rescind the sale of any or all items regardless of high bid upon auction conclusion. The auction company is not responsible for technical or communication problems, website outages, browser incompatibility, user error or any connectivity issues.
17. CLAIMS: Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event of arbitration, judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue in either case will be Mahoning County, Ohio, USA.
18. In the event of a bidder default and /or charge back bidder agrees that Burgan Auctions may collect payment for items, including cost associated with items to be relocated, discarded or stored, either by arbitration small claims court or state court at Burgan Auctions discretion, and that any judgments awarded may be applied to the bidder personally or corporately.
19. LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.
20. PRIVACY: Burgan Auctions will not sell bidders information. Bidders who register consent to be contacted or emailed auction notifications for all Burgan Auctions auction events. To be removed from our database, reply with "remove" in the subject line of text based email or click the “unsubscribe” link in automated emails . You do not need to subscribe to our email list if you are a registered bidder. If you wish to re- subscribe, simply enter your email into the "subscribe to notifications” link at our website. NOTE: NEVER GIVE YOUR PASSWORD AND BIDDER NUMBER OUT TO ANYONE. IF YOU FORGET REGISTRATION INFORMATION, CLICK ON THE "REGISTER" TAB AND FOLLOW THE DIRECTIONS FOR A LOST BIDDER NUMBER OR PASSWORD.
21. LIMITATIONS: The above-stated terms and conditions of sale cannot be altered except in writing by the auction company. Terms and conditions may change from auction to auction and are agreed to electronically by bidders upon registration. Terms and conditions are designed as general guidelines and may not cover every possible scenario. Burgan Auctions is not responsible for the fraudulent or unauthorized use of your bidder number and bidding account. Bidders are responsible for the security of same. If you feel someone may possess this information, it is suggested that you change your password immediately. Buyers agree that they have reviewed and agree to all terms and conditions of the auction. These terms and conditions constitute an enforceable and binding electronic agreement upon their electronic acceptance by the Bidder. Online auctions is conducted via the website entitled www.BurganAuctions.com, Burgan Auctions, 5335 Market Street, Youngstown, OH 44512 -- 330.559.6809 -- firstname.lastname@example.org – Real Estate is contracted through the Ohio Brokerage, Burgan Auctions, LLC.
22. PAYMENT/PRICING - Winning bidders will be charged a $3,000 deposit/down payment immediately following the end of the auction.