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Online Absentee Internet Bidding
Terms & Conditions
Ends 12 Hours Prior to Auction

By placing bids on this website, you agree that you have read and understand completely the terms listed below

Deadlines for Saturday January 2nd, 2010 11:00 AM Absentee Internet Bidding Closes January 1st 11:00 PM 



Internet bidding closes 12 hours prior to Auction, Internet/Absentee Bidding , Full payment is due within 48 Hours from Auction Day.
CLICK HERE TO RETURN TO ABSENTEE/INTERNET BIDDING

TERMS AND CONDITIONS ONLINE AUCTION

By registering to bid or placing a bid you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site.  All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person.

1.         All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Burnt Chimney Auction, burntchimneyauction.com any liability. 

2.         All property is sold “AS IS”, and ALL SALES ARE FINAL.  Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor.  BURNT CHIMNEY AUCTION may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations.  In no event shall BURNT CHIMNEY AUCTION be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose.  Bidder shall be the sole judge of value. 

3.         All Internet Bidders agree to pay a buyer’s premium equal to Thirteen Percent (13%) of the hammer price of each item they purchase.  If the hammer price of an item is $100.00 the buyer’s premium will be $13.00 for a total purchase price of $113.00.  State sales tax law, if applicable, will be applied. 

4.         Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person.  It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor.  BURNT CHIMNEY AUCTION shall endeavor to describe in detail each item and any pertinent information about it.  BURNT CHIMNEY AUCTION  will not be responsible for any errors or omissions in the description of the merchandise.  Bidder agrees that everything is sold as is without Guarantee or Warranty of Any Kind and that they may not return any item they purchase for any reason.  Bidder agrees that under no circumstances whatsoever will BURNT CHIMNEY AUCTION ever be liable to any bidder for an amount greater than the purchase price of the item they purchased.

 5.         BURNT CHIMNEY AUCTION is providing Internet pre-auction and live bidding as a service to Bidder.  Bidder acknowledges and understands that this service may or may not function correctly the day of the auction.  Under no circumstances shall Bidder have any kind of claim against BURNT CHIMNEY AUCTION or anyone else if the Internet service fails to work correctly before or during the live auction. BURNT CHIMNEY AUCTION will not be responsible for any missed bids from any source.  Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins.  BURNT CHIMNEY AUCTION reserves the right to withdraw or re-catalog items in this auction. 

6.         The auctioneer shall advance the bidding at own discretion.  BURNT CHIMNEY AUCTION may withdraw any item before or during the auction.  Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold.  The record of the auction made by BURNT CHIMNEY AUCTION shall be conclusive. 

7.         When the auctioneer says “sold” Bidder assumes full responsibility for the merchandise.  Everything MUST be paid for in full at the conclusion of the auction. Payment shall be in Credit Cards ONLY by VISA, MasterCard. Unless exempted by law, the purchaser shall pay any and all applicable taxes.  Bidder agrees to indemnify BURNT CHIMNEY AUCTION against any claim if sales tax is not collected on Bidder’s purchases.  Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card.  Title to the merchandise transfers to Bidder only when Bidder’s payment has been honored. 

8.         The auction company can arrange for packing and shipping. Packing and shipping costs are the sole responsibility of the buyer and may be quoted before shipping. Fragile items and purchases will be shipped by a professional packer and may result in higher shipping costs. All items will be insured for the purchase price and each item won will carry a $10.00 Handling Fee & Actually Shipping Charges. Our first priority is to deliver your new purchase in excellent condition.  Any merchandise not removed within 15 days by bidder may be moved and stored at bidder’s expense, resold at the next auction or disposed of in any other way BURNT CHIMNEY AUCTION deems to be suitable.  Bidder shall have no claim to merchandise not removed by the above date. 

9.         Bidder agrees that this agreement shall be governed by the laws of the state of  Virginia and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Virginia.  Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register.  Should a dispute arise between BURNT CHIMNEY AUCTION and Bidder.

10.       BURNT CHIMNEY AUCTION  may refuse a buyer’s number to anyone for any reason.  Bidder agrees to provide any identification BURNT CHIMNEY AUCTION may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport.  Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 

We want you to be happy with your purchases.  If you have questions about the merchandise the time to ask questions is well in advance of the live auction.  No returns are allowed.  Thank you for your patronage.

SHIPPING: We Ship to USA Only, Actual Shipping Charges will  Apply, You Can Pick Up your Item without any S&H charges, If you are Very Interested in an Item and you need to know more Information on the Item, please email iiub2bid@aol.com and we will be more than happy to assist you, please included the Item Number with your Email. The Buyer is Responsible for Arranging the Shipping, Shipping is Different Depending on What State you are Located in, it is the Buyers Responsibility. We can arrange Shipping Through a Local Shipping Company The Packaging Store in Roanoke is our Shipping Company for Large oversized items such as Furniture and other Larger Items 

 

LIVE/ABSENTEE BID FORM/PHONE BID FORM

 634 JUBAL EARLY HWY

WIRTZ, VA 24184

540-721-6051 OR CELL# 540-420-0933

FAX#(Call before faxing)540-721-6051  
 

Steps For Leaving Faxed Phone Bid (This Form Must Be Filled out and Faxed in before Placing a Phone Bid)

1. Click here to print form. For the Item number please click to Enlarge Picture the Item Number will be located under the picture

2. Contact our Office and you will be assigned a Bidder Number. Call Whitman Sink @ 540-721-6051 Or 540-420-0933 to Fax your form to us. It's easy as that.

*Remember All Absentee Bids Have To Be Completed 24 Hours prior to Auction Date 
*A 13% Buyers Premium will be applied to all Absentee Bids, Live Bidding and Phone Bids, 3 % Discount, Check, Cash, MO etc

 

1. Purchases can be paid for by Cash, Approved Check, Visa or Master Card

2. All bidders, regardless of method or location, are subject to Virginia State Sales Tax unless bidder has a Virginia Sales Tax Exemption Certificate and has supplied a copy of their certificate to Burnt Chimney Auction Gallery.

3. Unless advertised as an "absolute" auction, if the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction, and, having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance.

4. Ownership title passes upon the fall of the Auctioneer's gavel, and although the winning bidder may not remove the property until such property is paid for, thereafter the property is at risk of the buyer and neither the seller, nor the auctioneer shall be responsible for loss or damage.

5. Every item is sold "As Is, Where Is". It is the bidder's responsibility to determine the exact condition of each item. Neither the auctioneer nor the seller makes any warranties or representations of any kind or nature with respect to said property. Catalog descriptions and condition reports are for simple identification purposes only, no representations are made to the authenticity, age, origin or value. Bidders should rely solely on personal inspection and not on information listed on the site or otherwise provided by auctioneer or seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale. Please take advantage of any preview to inspect items.

6. All purchases shall be paid in full by close of auction and removed within 48 hours unless otherwise arranged. Items left unclaimed for more than 3 days become property of the Auction house. Successful internet bidders will be notified by Email within 24 hours of auction ending. Internet bidders payment must be received within 2 Business Days upon receipt of their email notification to pay for their items.

7. Purchasers are responsible for all costs involved with shipping and removal of their purchases and any and all damages incurred during removal of purchases. The auctioneer may require proof of adequate insurance from the purchaser. The purchaser/bidder hereby indemnifies the auctioneer and the vendor against any and all damages arising from the dismantling and removal of any lots.

8. 13% Buyers Premium shall be added to all Internet Purchases, Absentee Bids, Phone Bids, 3% Discount if paying by Cash, Check, Money Order, Cashiers Check, We Prefer Credit Cards for a Smooth Transaction.

9. In all cases of disputed bids, the auctioneer decision is final.

10. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s). No transfer will be recognized from one buyer to another.

11. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of terms & conditions of auction or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may result in the resale of the property and the cost of remarketing said property. Additional commissions shall be due and payable.

12. The auctioneer reserves the right to withdraw any lot at any time prior to the time of sale of such lot.

13. By bidding on any item, the bidder shows acceptance of the terms of the auction.

14. The above stated Terms & Conditions of Auction cannot be altered except in writing by all parties of the contract, or by verbal changes to terms given by Auctioneer at time of auction.

15. The auctioneer may break down or consolidate any lot or lots at his sole discretion.

16. A bidder is deemed to have accepted an item when making a bid. No bidder may retract their bid.

17. All announcements made the day of auction take precedence over any previous announcements or advertisements.

18. Burnt Chimney Auction Gallery reserves the right to reject any and all bids if they so choose.

19. Internet bids are a contract and you are responsible for honoring them. Every legal remedy available will be used to insure the performance of winning bidders. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each seller and auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses including reasonable attorneys' fees and expenses related to, arising from or associated with buyer's, his agents or representatives, use of the site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, and arising out of, based upon, or resulting from any breach or violation by bidder of this site user agreement or any use by bidder of the site or as a result of a dispute with another bidder.