Bulk Bid of Entire CA Brewery, Online Only

TERMS & CONDITIONS OF SALE

ONLINE AUCTION TERMS AND CONDITIONS
VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE. BY REGISTERING FOR OUR AUCTIONS, IT’S CONSIDERED AS A CONTRACT AND THE FOLLOWING TERMS APPLY. TERMS AND CONDITIONS CAN CHANGE DEPENDING ON THE CIRCUMSTANCES OF EACH SALE. IT IS VERY IMPORTANT TO REVIEW THE TERMS BEFORE PARTICIPATING IN ANY AUCTION!

All bidders will be required to pick up their items during the scheduled removal times. We are not responsible for damage to any items, or lost items left past the scheduled pickup time.

REMOVAL DATES AND TIMES ARE STRONGLY ENFORCED! Any items not paid for or picked up during the scheduled pick-up times will result in your bidding privileges being revoked.

Our staff will be onsite to aid in the load out process. You are responsible for loading items into your vehicle. TMC Auction is not responsible for the loading items for safe travel. We are not responsible for damage to any items, or lost items left past the scheduled pickup time.

The following fees WILL be charged to the credit card on file when necessary:
* A $10 Credit Card Reprocessing Fee For Any Denied Credit Cards.
*The purchaser will be charged a $25.00 non-removal fee for any lot or partial lot left behind, as well as all disposal costs.
*The buyer will be charged $50/hour if you require our staff to stay past the designated ending time.
*Repeated tardiness and or failure to remove items will result in revocation of bidding privileges. Including our regular bidders that have abused our kindness.

Auction Closing Times and Technical Difficulties:
Our Online Auction closings are set with a delay between lot closings. This is to help you with bidding on multiple items in the same auction. Our auctions are NOT set to close all lots at one time. In the event of any website malfunctions, or technical difficulties, the bidding for the entire auction will be reopened, and set to a later closing time. This does not include difficulties with you as the buyer’s internet or bidding equipment. In the event of any technical difficulties, you as the buyer hold TMC Auction harmless for any damages, or cost incurred.

*BUYERS PREMIUM:
A Buyers premium will be charged on each purchase. A buyer’s premium is an advertised percentage of the high bid or flat fee added to the high bid and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyer’s premium.

*SHIPPING IS NOT AVAILABLE,

ALL OF OUR ONLINE AUCTION’S FEATURE BOTH A MAX BID OPTION AS WELL AS A SOFT CLOSE.

Helpful Terminology
"STAGGERED ENDING" Lots will begin closing at the designated time at a set rate. Please watch the countdown timer on each lot.

“A MAX BID” may be placed on any item and the computer will bid on your behalf, thus eliminating the need to “babysit” your bids. This option is highly recommended, so you do not miss out on the item you are bidding on for any reason. This option is available by entering bid amount into the “Place Bid!” Box

“Force Bid” button option. This option will put the bid up to the amount you enter. The purpose of this button is for the bidder that wants to “scare off other bidder”

“THE SOFT CLOSE” feature which means any bid received in the final minutes of the auction will auto extend bidding on that particular item or lot by 2 minutes thus allowing a backup bidder the opportunity to raise their bid. In the event you do not use the MAX BID feature and you are out bid you will be notified via e-mail or text that you have been outbid and will have the opportunity to raise your bid.

Sales Tax:
Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. If you are sales tax exempt, you will need to provide TMC Auction the correct CA re-seller permit form and email to rpapp@tmcauction.com. In the event that you enter a tax number and we do not have the form on file you will be required to pay the sales tax before you pick up your purchases.

 

Payment:
Buyer specifically waves the right to dispute or deny payment for any purchases made with a credit card. The credit card on file will be charged for your total purchases including any buyer’s premium or stated additional fees after the scheduled removal date has passed. All denied transactions due to expiration date, non-sufficient funds, and or other reasons shall be subject to a $10 re-processing fee. You can update your credit card under "PROFILE" on the website dashboard. Credit card chargebacks are not allowed. You as the buyer are responsible for keeping your credit card on file and up to date. All invoices will be sent to your registered e-mail address within 1 hour after the conclusion of the auction. If you do not receive an invoice, please check the dashboard under "PROFILE"-"INVOICES."

Large ticket purchases over $1,000.00 or titled vehicles, MUST be settled for with Cashiers Check, Wire Transfer or previous arrangements made with the Auction Company.

No item will be released or transferred until payment has posted to our account.

Use of TMC Auction Photos and Descriptions:
All photos, and descriptions are property of TMC Auction Inc. Any use of the photos, and/or description listed on tmcauction.com is prohibited. TMC Auction Inc does not give any permission to use any of their photos, and/or description on any other site.

Bid Retractions:
TMC Auction does not allow any bid retractions of any kind. In the event you as a bidder enter the wrong max bid amount, we will be able to adjust your max bid to the current high bid online. You as the buyer will remain the current high bidder. This is at the discretion of TMC Auction ONLY and will only be considered if the actual bid placed was determined (by TMC) to be in error.

Basic Auction Terms & Conditions
TMC Auction retains the right to govern goods and services sold to clients and to maintain the level and integrity of our business. TMC has the right to terminate the auction at any time; withdrawal from sale of any item; to sell at this auction items not listed; to group one of more lots into one or more selling lots or to subdivide into two lots or more selling lots. The auction company also reserves the right to sell all of the items listed in bulk.


No Liability:
a) TMC Auction assumes no liability for your purchases. The buyer assumes and does agree to indemnify and hold the auction company and seller harmless from any future claim that shall pertain to fitness or use of the asset being purchased. b) Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability therefore. Neither the Auction Company nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. Any debt collection or dispute proceedings will be required to be litigated, arbitrated, or mediated in Placer County, California.

Consignors & Bidders:
a) All consignors must fill out a contract with TMC Auction, sign forms and abide by our terms listed. b) All bidders must register for bidder's numbers using proper ID or proper information. c) Seller does have the right to bid on their own property. d) Any employee of TMC Auction may bid at any auction if they wish to purchase an item. e) All items become the sole responsibility of the purchaser when the auctioneer confirms your bid as the successful winner. We are not responsible for lost or stolen items.

Loss of Bidding Privileges:
a) If you have failed to pay for an item, or failed to timely pick-up items, your bidding privileges will be revoked. Your privileges may be restored by paying for the item or repaying for the loss of the revenue due to the items not having been sold and by placing a credit card on permanent file whereby future purchases will automatically be charged. You will only be given this chance one time. Repeated tardiness, or nonpayment will result in permanent denied bidding privileges.

Delinquent Accounts:
a) The bidder that has not paid for or has not removed their items from the auction site, will be subject to the cost of storage, trucking, re-sale, deficiency balances, collection fees, and any legal fees for recouping a loss due to the bidder's negligence. Any unpaid invoices must be paid within 3 days of the auction closing. After the close of business on the 3rd day of removal, your bidding privileges will be revoked permanently.

Reserves:
a) Any and all items that TMC Auction agrees to sell are subject to a reserve as per California State Auction Law.

Documents & CA DMV:
a) All documents must be completed in full by buyers and sellers. For Example: Death Certificates, Letters of Authority, Creditor Liens, and UCC's Liens when purchasing vehicles. An $85 document processing fee, a $65 smog fee (if applicable) and a $30 DMV electronic filing fee will be charged by the auction company for every DMV purchase, California law does not provide for a "cooling off" or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle. TMC Auction offers a 2-day cancellation option that applies only to passenger vehicles purchased for personal or household use. This cancellation option does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use, or any vehicle priced at or above $40,000. In order to exercise this option you must inform TMC Auction at the time of purchase on that specific auction day. The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned by 3:00pm not more than 2 days following the date of the purchase contract. The vehicle must also be in the same condition and the mileage must not exceed the permitted (250) miles otherwise the option is void. Additional fees for purchasing this cancellation option will apply.

IF CUSTOMER DEMANDS TITLE ON VEHICLE PURCHASES. THE BUYER WILL BE RESPONSIBLE FOR THE TRANSFER AND ALL REGISTRATION FEES OR PENALTIES DUE INVOLVING TRANSACTION.

Compliance with the Terms of Sale:
Any buyer In default of payment of invoices in full within the time announced for this auction the Auction Company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages.

Everything is sold “AS IS/WHERE IS” with no warranties, representation or guarantees expressed, implied or otherwise given. All sales are final.

Conditions of Items Sold:
a) All information is believed to be accurate, but the auction company shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse.
TMC strongly encourages all buyers to preview and make your own opinion of conditions.
If you are unsure about an item, please do not bid. Some of the items being sold are surplus or store returns. Some might be new in sealed or open packages. Some might not and could be missing components. Most items have not been tested.

BIDDER REGISTRATION:
Bidders must be 18 years of age or older, and are required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number-ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.

 

ONLINE BIDDING INFORMATION
Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you in regard to bid confirmations and or outbid notifications.

Thank You for participating in this auction.