Notice to Bidders

The State's Lien law process must be followed at all times and will govern how processes will function. The Storage Facility, at its own discretion, reserves all rights to cancel or postpone auctions during any point of the auction event up to the last minute.

All bids on the site are in $10 increments.

At the time of an auction closing and assigning the winning buyer, the winning bidder will be charged for the winning bid, plus 15%, 8.25% sales tax, plus $50 deposit to the active card on file. Once these charges are collected an invoice will be generated for the winning buyer and selling facility for items to be picked up. No winning unit will be able to be cleaned out until all initial fees are collected.

Until the winning bidder pays for the unit in full, the auction may be canceled. Bidders must follow the auction terms listed for each individual facility. These decisions will be made final by the management of the storage facility hosting the Auction and are not made by 409 Auctions.

The number of days bidding is allowed is determined by the hosting facility’s rules.

The closing time for unit sale is set by the facility management but the time may be extended by last minute bidding. We, at 409 Auctions do not allow sniping or last second bids to win. Bids received in the last 2 minutes will reset the time clock to 3 minutes until the person willing to bid the highest amount wins the unit. This is termed a "soft close".

As with all storage unit auctions, all sales are “As is Where is”. As with all auctions, bids entered are a contractual agreement between buyer and seller and are considered a contractual agreement that must be fulfilled.

Units must be completely cleaned out, broom swept, and all trash must be removed from premises (no dumpsters privileges unless specifically stated).

Storage Facility - Auction Terms

72 Hour Collection and Cleanup ends at 5;00 pm on the 3rd business day following the close of the auction. No Dumpster available. $50 Cleaning Deposit Required. Locker must be emptied and swept before deposit refunded. Contact the Storage Facility for scheduling pick up. The Storage Facility will reimburse deposit upon inspection of the locker.

409 Auctions Terms of Service

The following describes the terms and conditions on which 409 Auctions offers you access to our site. These terms and conditions (Terms and Conditions) describe the policies, terms, and conditions applicable to your use of our services (Services) at the 409 Auctions Web Site (the Site). Please read these Terms and Conditions carefully. Your use of our services indicates that you accept these Terms and Conditions. You may not use our services if you do not accept these Terms and Conditions. 409 Auctions, hereinafter called Owner, reserves the right to make changes to this Site and these Terms and Conditions at any time without prior notice. This Agreement may not otherwise be amended except in a writing signed by Owner.

1. Eligibility to Use Our Service

Our Services are available only to users who can form legally binding contracts under the laws of the United States of America and the country, state and/or territory in which such user resides. Without limiting the foregoing, our Services is not available to (a) minors, (b) users whose use of our Services has been temporarily or indefinitely suspended, (c) nationals or residents of any country restricted by the United States Government, or (d) any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use our Services.

2. Bidding and Buying

If you are the winning bidder at the end of an auction (meeting any applicable minimum bid or reserve requirements) and your bid is accepted by the buyer (seller in the case of a posted bid auction), you are obligated to complete the transaction, unless the transaction is prohibited by law or by these Terms and Conditions. By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of these Terms and Conditions or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity. Bidders may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then re-bid at a small increment above the legitimate high bidder (“bid siphoning”).

3. Listing and Selling

3.1. Listing Description

You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All uniform price and discriminative price auction items must be identical (not limited to the size, color, make, and model).

3.2. Binding Bids

If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction’s completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity (seller’s identity in the case of a posted bid auction).

3.3. Fraud

Without limiting any other remedies, 409 Auctions may suspend or terminate your account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

3.4. Manipulation

Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user’s listings or auctions. Such prohibited manipulation includes, without limitation, sending emails to bidders in a currently open auction being run by a different buyer, bid siphoning, or use of any alias or a third party to place bids on an item listed for sale by you on the Site.

4. No Warranty

409 Auctions PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. 409 Auctions SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5. Disclaimer of Liability

IN NO EVENT WILL 409 Auctions BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND, EVEN IF 409 Auctions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT 409 Auctions, ITS DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THE SITE, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON OR PROVIDED THROUGH OR WITH THE SITE, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE LISTED ON THE SITE, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) YOUR USE OF OR INABILITY TO USE THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

6. Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms and Conditions or our Services, excluding legal action taken by 409 Auctions to collect our fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Texas, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or 409 Auctions may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Texas, United States of America, necessary to protect the rights or property of you or 409 Auctions pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs.

7. Fees and Services

Currently, 409 Auctions does not charge a user for registration on the Site or for bidding on items listed on the Site. All fees are quoted in United States Dollars and the Fees and Credit Policies are incorporated into these Terms and Conditions by this reference. 409 Auctions may in its sole discretion change some or all of our Services at any time. You are responsible for paying all applicable taxes related to or arising from the purchase of items listed on the Site and for all other costs incurred by you to bid, and buy. Your use of the Site and Services evidence your acceptance of the fees and your commitment to payment of all applicable fees.

8. Indemnity

You agree to indemnify and hold 409 Auctions and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

9. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

10. No Agency

You and 409 Auctions are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Auctions, Attn: Agent, 409 Auctions, 1145 Highway 12 Ste A, Vidor, TX 77662 or to the email address provided to you by 409 Auctions during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, 409 Auctions may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to 409 Auctions during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

12. General

409 Auctions does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by 409 Auctions, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 409 Auctions failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions sets forth the entire understanding and agreement between you and 409 Auctions with respect to the subject matter hereof. 409 Auctions and its employees reserve the right to pause, cancel, or extend the auction. They also reserve the right to pause, modify, or delete lots associated with the auction.

OTHER TERMS AND CONDITIONS:

All Bidders are required to be ID verified to bid by registering with a valid debit or credit card.

You must be 18 years or older to bid in any auction. No Exceptions. Placing a bid by someone under the age of 18 violates state law and may be subject to prosecution.

PAYMENT TYPES: Cash, Visa/Mastercard/Discover/American Express, or Wire Transfer.

All buyers must present a paid receipt from 409 Auctions at time of pickup.

409 Auctions is not responsible, nor will assist in removal/pick up/cleaning. Bring your own labor, straps, boxes, etc. needed to load and clean the unit.

Note: If items are not removed by the removal/ pick up deadline, the items are considered abandoned and any deposit is forfeited. NO REFUNDS will be issued. If items are not removed by the deadline, bidder’s account will be suspended until removal is completed.

All merchandise is sold ‘AS-IS, WHERE IS’ without any warranty, expressed or implied.

Winning bidders are solely responsible for removing merchandise. 409 Auctions is not responsible for damages or injuries. Bidders must load their own merchandise. If any equipment or packing material is needed, it is the bidders responsibility.

Any buyer discrepancy must be reported at 409 Auctions physical location at time of removal.

Photos and Descriptions were supplied by 409 Auctions and remain the property of 409 Auctions.

Any and all merchandise not removed by deadline date will be considered abandoned and will be disposed of or resold by 409 Auctions.

IMPORTANT:

By placing a bid through this website, you are entering into a legally binding contract and agree to follow through with the purchase of the item as stated as outlined above if winning the bid. Bidder expressly agrees not to stop payment, dispute, or contest this transaction.

409 Auctions and its consignors reserve the right to remove any and all items from the sale at any time. Bidder agrees to hold 409 Auctions harmless for the failure to execute a bid for any reason on behalf of any participants.

Any questions or concerns about this auction may be directed to Rob Rodgers at 409-422-0722

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