Terms and Conditions
ALL BIDDERS HEREBY CERTIFY THAT THEY HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS LISTED BELOW AND AGREE TO BE BOUND THEREBY. EACH AUCTION MAY HAVE ADDITIONAL TERMS THAT ARE NOT LISTED HERE. IT IS THE BIDDER’S RESPONSIBILITY TO UNDERSTAND AND AGREE TO EACH AUCTION’S TERMS AND CONDITIONS PRIOR TO SUBMITTING ANY/ALL BIDS. Violation of the terms and conditions of an auction is grounds for immediate bidding suspension without notice.
The below terms are subject to change by auction.
Equipment Sold “As Is, Where IS”
All equipment /property is sold “AS IS, WHERE IS” with no warranty or guarantees, expressed or implied, by the Seller or DPA Auctions for items sold. ALL SALES ARE FINAL. Inspection of the property/equipment before bidding is strongly recommended. Verbal or written descriptions from the Seller or DPA Auctions are not guaranteed. Bidders are responsible for inspection of the items and will not be issued a rebate or refund for any reason. It is the responsibility of the Buyer to conduct any inspection and examination necessary to satisfy themselves of all material facts before placing any/all bids. Location of the equipment and the Seller’s contact information will be provided within the description of each item for sale.
Bidders accept all auction items/property “WITH ALL FAULTS”, whether or not immediately apparent. Bidders are responsible for assessing actual current condition of the item(s)/property through personal inspection and careful review of the description, picture(s), and/or support documentation. Every Bidder agrees that by placing a bid and the amount that they bid, has been based solely on their own independent inspection and evaluation of the auction item.
Equipment Inspection
No testing or operational assessments have been made by DPA Auctions. DPA Auctions’ employees and representatives are not professional photographers. Photos may or may not depict all the positives and negatives of an item. These photos and descriptions are to be used as a guideline only. All Bidders are responsible for their own personal inspection of the item(s).
DPA Auctions’ employees and representatives only report hours and mileage that are shown on the equipment at the time of listing for an auction and are assumed to be correct. However, these assumptions do not constitute a guarantee. DPA Auctions makes no guarantee that the hours and mileage shown on equipment are the actual hours/mileage. It is up to the Bidder to validate the accuracy of the hours/mileage during the inspection process and before placing any/all bids.
DPA Auctions is not responsible for written or verbal statements made by the Seller. Bidder’s should carefully validate all written or verbal statements before placing any/all bids. Seller’s contact information and location of the item will be provided for each piece of equipment. Exact location of the equipment will be provided by the Seller when contacted.
In no event does failure to contact the Seller serve as grounds for negating a sale, retracting any bids, or providing any rebates or refunds of any kind.
Auction Software
DPA Auctions will not be held liable for any software malfunction discrepancies. DPA Auctions does not guarantee safe and secure access to DPAauctions.com. DPA Auctions is not liable or responsible for any interruptions or terminations of any online feed or other internet registration, bidding, or any other online-related services that occur before or during any online or onsite auction, regardless of the fault or cause. The Bidder agrees to hold DPA Auctions harmless for any such discrepancies or the Bidder’s inability to use or access DPAauctions.com. DPA Auctions has full discretion to modify the date, time, order, and details of any item at any time for any reason, including but not limited to technical issues, emergencies, or discretion of DPA Auctions or the Seller. At the sole discretion of DPA Auctions, the auction may be suspended, postponed, or canceled if internet service is unstable or disrupts the online portion of the auction.
Internet Bidding
The highest bid online when the bidding closes will be the winning Bidder for that item. If the item has a posted RESERVE price, a sale will only occur if the reserve price for that item has reached the pre-determined reserve amount, in which case the verbiage online will reflect during the bidding process. If in fact the RESERVE price is NOT MET, a sale will not occur. Any bidding within the last 60 seconds before the determined closing time of an item will extend the bidding by an additional 60 seconds (bidding extension time may be subject to change per auction). Be prepared to bid accordingly.
Buyer’s Premium
A 6% Buyer’s Premium will be added to all winning bids, not to exceed $5,000 per individual item. The winning bidder’s obligation to pay said Buyer’s Premium arises immediately upon conclusion of the auction, and payment shall be made to DPA Auctions in accordance with the Payment/Settlement section of these Terms and Conditions.
Invoicing
An invoice with payment instructions will be sent to each winning Bidder’s registered email address at the close of the auction once bidding has concluded. You can also access your invoice by logging into your account and accessing the “View My Invoices” section of your account page. If you do not receive an invoice via your registered email address within 24 hours after the conclusion of the auction, please contact DPA Auctions at (800) 492-9090 for immediate assistance.
Payment/Settlement
Bidders agree that they are capable of paying the full amount of their invoice, including the Buyer’s Premium, immediately after the conclusion of the auction and agree that bids and the ability to pay for your items are not conditional upon financing. The successful Bidder must contact DPA Auctions within 24 hours after the conclusion of the auction to confirm their method of payment via email reply or contact our office @ (800) 492-9090. Invoice must be PAID IN FULL within 72 hours after the conclusion of the auction. After 72 hours following the conclusion of the auction, winning bidders who fail to pay for their bids (FOR WHATEVER REASON) authorize DPA Auctions to charge their credit card on file for any amount up to the total invoice amount; for as many times as it takes to pay the invoice in full, along with a 5% late fee, minimum charge of $5. This fee or monies available on any credit card will be charged to any registrant, agent or other person or entity that registered/bid with the Auction Company. No equipment will be released until the invoice has been PAID IN FULL. If the invoice is not PAID IN FULL within 10 days after the conclusion of the auction, the buyer will lose all right, title, and interest to the property, including any/all moneys.
Failure to comply with these terms will result in the Buyer forfeiting their right to participate in future online or onsite auctions conducted by DPA Auctions as well as having their account immediately suspended without warning. In addition, Buyer agrees that they shall be responsible for 15% of the final sale price and any related fees in Liquidated Damages, with a minimum charge of $100, in the event that they default on their obligation to pay for their auction items pursuant to these terms and conditions. Bidder agrees that any/all bids placed are by said Bidder and they are responsible for payment terms and procedures for that auction; bids cannot lawfully be placed on behalf of another Bidder or secondary party.
All payments are to be made directly to DPA Auctions, not Sellers. Payments must be made in US Dollars only.
For Buyers within the continental United States, methods of payment include: Company/Personal Check, Direct Wire Transfer ($12.00 USD Domestic Fee, $20.00 USD International Fee), ACH Transfer ($6.50 Fee) or Credit Card (3% Convenience Fee).
For Buyers outside the continental United States, we ONLY accept payment by Direct Wire Transfer ($20.00 USD International Fee) or Credit Card (3% Convenience Fee).
If sending a check via US Mail:
DPA Auctions
PO Box 654
Fremont, NE 68026
*Reference your Bidder # and/or Invoice # on your check
If sending a check via UPS, FedEx, or other certified mail:
DPA Auctions
900 Bud Blvd
Fremont, NE 68025
*Reference your Bidder # and/or Invoice # on your check
A fee of $50.00 USD will be assessed on returned checks and the Bidder will be denied access to future online and onsite auction.
If wiring funds, please contact our office at (800) 492-9090.
If paying by credit card (MasterCard, Visa, Discover, or American Express), please call our office at (800) 492-9090 to provide us with your credit card number. There is an additional, non-refundable, 3% convenience fee that will be applied to your total invoice if payment is made by credit card. Credit card payments will be administered through a third party. To keep financial data secure, DPA Auctions does not store any credit card information on any DPA Auctions servers.
Taxes
DPA Auctions is required by law to collect sales tax on all applicable transactions. Tax rates will be based on the item’s location. Tax will be collected on all applicable items unless the Buyer provides proof of a tax exemption. This proof of tax exemption must be submitted before tax amounts will be removed from the invoice. Law requires that exemption forms be auction specific and will need to be completed for each individual auction. DPA Auctions cannot offer advice, opinions or guarantees about whether a Bidder is, in fact, tax exempt. For eligibility questions, please contact your tax consultant. DPA Auctions will not be held liable for States’ registration requirements regarding exemptions. Guidelines and regulations regarding tax exemptions may vary between states. If you are eligible for an exemption, please complete the appropriate exemption certificate and email it to customer.service@DPAauctions.com or fax it to 402-721-4583.
Equipment Removal
Removal and/or transportation of equipment shall be at the sole expense, risk, and liability of the Buyer. Any item(s) not removed within (21) calendar days after the conclusion of the auction, unless otherwise stated in the terms of the auction or description of the item, will be considered abandoned and the Buyer will lose all right, title, and interest to the property, including any/all moneys from the Buyer. Should Buyer fail to remove items within the specified period of time, DPA Auctions or the Seller may charge a storage fee of $25 or more per day to the Buyer until the item is removed from the Seller’s location. If the Buyer does not remove the item within (21) calendar days after the conclusion of the auction, the item may be placed for sale in the next available DPA Auctions’ auction at the Seller’s discretion. DPA Auctions also reserves the right to suspend the bidding privileges of any/all Bidders who do not remove their items from the Seller’s location within the specified terms.
Once the invoice is PAID IN FULL, DPA Auctions will issue a PAID AUCTION RECEIPT to the Buyer’s registered email address, which will contain a Verification Code. It is then the Buyer’s responsibility to contact the Seller (Seller’s information will be provided on the PAID AUCTION RECEIPT) and provide the Verification Code for equipment release. Equipment removal and/or transportation is at the sole expense, risk, and liability of the Buyer.
Titles
Titles will be mailed out to successful Buyers by Priority Mail no sooner than (14) calendar days after the conclusion of the auction, unless otherwise specified in the description of the item. DPA Auctions requires all title information including name(s) and address to be communicated through an email or other written form for DPA Auctions’ records. All titles will be endorsed; under NO CIRCUMSTANCES will any open titles be issued. DPA Auctions is not responsible for any lost titles.
Choice of Law and Venue
Any legal action commenced by either party to resolve any dispute arising under this agreement will be resolved only in the Courts of the State of Nebraska or in the Courts of the United States of America for the District of Nebraska. Each party irrevocably submits to the personal jurisdiction of such courts and hereby waives any/all objections as to venue, inconvenient forum, and the like.
Waiver of Trial by Jury
Each Bidder hereby waives trial by jury in any action, proceeding, or counterclaim brought by any Bidder against DPA Auctions on any matter arising out of or in any way connected with these terms and conditions, the assets, or the purchased assets.
Privacy and Personal Information
For information about DPA Auctions’ data protection practices, please read DPA Auctions’ Privacy and Security Policy which is hereby incorporated into this agreement. This policy explains how DPA treats your personal information when you access DPAAuctions.com and use the service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.