K & M Auctions conducts auctions via online web cast and live bidding, subject to the following terms and conditions. The terms and conditions may be changed and updated at any time via our online auction website. It is our customers' responsibility to stay up to date on our terms and conditions. The laws of the State of Michigan shall govern these provisions.
Bidders Participation in the Online Service
You can browse the Website at any time without registering. To use the Services, You are required to register as a member by completing the online "User Registration Form" on the Website and submitting it to us by clicking on the "Register" link. You should only register if you qualify for membership. Registration and use of the facility to bid for items via the Website is free.
Once a bid is placed you are agreeing to all terms and conditions set forth here. Your bid is considered a legally binding contract with K & M Auctions. Once a bid is placed, it cannot be canceled or retracted.
NOTICE: BUYER'S PREMIUM: There is a 13% buyer's premium charged on all purchases.
Sales Tax: All bidders will be subject to 6% local sales tax unless you provide our office with the documentation we require for exemption (out-of-country buyers are exempt from local sales tax), unless stated differently in the auction terms.
All items start at minimum bid of $1.00
All items are sold in 'as is', 'where is' conditions with no warranty of any type. Some items are available for inspection during our normal business hours. While all items are described as accurately as possible, you are urged to inspect items before removal from auction house. If an item's description seems to have been misrepresented or improperly described and K & M Auctions agrees with you, you may return the item within 3 business days for a full refund. Items must be checked for damage, missing or broken parts at the time of pickup. Decisions to offer refunds for the above reasons are at the discretion of K & M. K & M is not responsible for costs incurred in the return of an item.
No items will be released until full payment has been received. Merchandise becomes the full responsibility of buyer at the close of the auction, and buyer assumes all risk of loss and damage to property until removed from sale premises.
Item's Must be pick up by the following Thursday & Friday between the hours of 9 am- 4:30 pm if not there is a late/storage fee of $5.00 per invoice up to $50.00 after $50.00 it is 15% of total invoice and will be added weekly
The Services are only available to individuals who are: Aged 18 years and over (and by registering and accepting these Terms and Conditions. You represent to us and K & M Auctions that You are not a minor and can form legally binding contracts under applicable law)
If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms and Conditions. Without prejudice to your warranty, We reserve the right to ask You for written authority from the business entity before registering any business entity.
You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the "Edit Registration" link on the Website.
You warrant and undertake to Us that all the information supplied to Us on the User Registration Form is true and accurate.
We reserve the right in our sole discretion to refuse any application to register and access the Services and to temporarily or indefinitely suspend any registered members.
User Name and Passwords: You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.
You are responsible for use of the Services when access to the Services is obtained through the use of your user name and password whether authorized or unauthorized.
You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Services.
If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the Services, then You must notify Us immediately.
You agree and warrant that You will implement and comply with the above procedures.
We reserve the right to withdraw user names and passwords at any time without notice and in our sole discretion including but not limited to where we have reason to believe that such user name and password have been discovered and/or used by any person or organization other than you.
In no event will our liability to a purchaser exceed the purchase price actually paid. 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.
PAYMENT/NON REFUNDABLE DEPOSIT: K & M RESERVES THE RIGHT to charge your credit card 20% of your purchase or your total purchase amount immediately following the sale. The Balance will be due within five business days and prior to removal of purchased item(s), payable by, cash, check, credit card, or wire transfer. Company checks accepted up to $5,000.00 with proper identification. All payments must be in U.S. Funds. No checks accepted from out of Country. Auction Co. reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid by you within 7 days. We do not accept partial payments. Invoices must be paid in full. Checks written with non-sufficient funds will be charged an additional $25.00 fee.
Removal and Failure to Remove: All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, the Auction Co. shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers sole risk and expense (storage costs will be charged - per day - per item - other costs additional), without waiving any rights that Auction Co. or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) Removal period is posted on each sale and may vary from sale to sale.
Posted closing times and displays of K & M current time are approximate. K & M reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone where the auction is located. Dynamic bidding - The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 10 minutes of bidding inactivity. Example - An item is bid on at 7:50pm. An auction is scheduled to close at 8:00pm. When this bid is placed the ending time will automatically extend to 8:10pm. When another bid is place at 8:01 the auction will extend until 8:20pm. This will give bidder 19 minutes to place another bid. If no bids are placed this auction will conclude at 8:20pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.
Shipping: K & M Auctions will be happy to ship anywhere within the United States. Ship items that can be sensibly shipped. Send us an email after you have received your invoice and we will adjust it to reflect the shipping amount. There is a small packaging/handling fee of $5 per order that will be added to any shipping charges incurred, if shipping is desired. Shipping insurance is required for the total bid amount. All shipping, insurance charges and fees are the sole responsibility of the Bidder. We ship as a courtesy to you, and we are not responsible, under any circumstances, for any damages incurred to items during shipping. If we do not feel comfortable shipping an item or items, we reserve the right to contract out the shipping to the UPS Store, Mailboxes, Etc, or a similar service. All costs and fees will be the sole responsibility of the buyer
Consent to Suit in Michigan: In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Ingham County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties' transaction hereunder. The BUYER expressly agrees to indemnify and save the K & M., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the K & M., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the K & M. for damages caused by or resulting from the K & M's sole negligence. Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
DISCLAIMER OF WARRANTY AND RELEASE: You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site. The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice. Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment. THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT. In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES: YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.