Terms and Conditions

Last updated: April 22, 2025

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://american-auction.com website (the “Service”) operated by American Auction (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of American Auction and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by American Auction.

American Auction has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that American Auction shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

General Auction TERMS OF SALE

BY BIDDING AND BEING THE WINNING BIDDER, PER LAW, THAT CONSTITUTES AS A “BINDING CONTRACT,” NOT AN OPTION TO CHANGE YOUR MIND LATER!   bE SURE YOU WANT TO BID. THE LAWS SET IN PLACE CONSIDER  A bid “(winner)” a  CONTRACT AND CHANGING YOUR MIND ONLY CREATES COURT CASES. If you have never participated in an auction before, your welcome to call us for general information of how an auction works. Otherwise, you accept full responsibility of any bidding/knowledge concerning this site. Proxy bid means the site will bid for you up to your max bid if you are outbid .

By using this site, you agree and acknowledge that you have read the information as follows. The general terms and conditions set forth below shall apply to any purchase by any party either directly from American Auction or in a transaction in which American Auction serves as liquidator or auctioneer for any third-party owner. You may not use or access any and all American Auction services if you do not agree to the terms stated herein. We encourage you to protect your online access abilities and not leave anything available for none authorized users to obtain assess because you will be responsible for any and all bidding. The Terms apply to all transactions, including without limitation, public auctions conducted by American Auction and direct purchases by Buyer of any item either before, after or independent of any public auction. By using or accessing any and all American Auction services and or websites you agree you have read and understand the Terms stated herein and are bound to these Terms.

normal/General Auction TERMS AND CONDITIONS

EACH AUCTION IS LIKELY TO BE DIFFERENT FROM ANY OTHER SALE, PLEASE READ AND UNDERSTAND THE INFORMATION PRETAINING TO EACH AUCTION.

THIS AUCTION INSPECTION/PICK UP LOCATION IS 5401 FLEMINGTON RD ELLABELL GA. TIMES FOR INPECTION ARE AS FOLLOWS: (following the start date) Friday from 1pm-3pm AND Monday 4pm-6pm

 

  1. Registration:  Buyers will have the ability to view all items online without being registered but once the buyer decides to place a bid, the bidder must register prior to bidding at any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their full legal name, company (if applicable), physical mailing address (no PO box) and phone number prior to the bid being accepted for the item up for auction. During the registration process, all bidders will be asked to provide credit card information. Anyone deciding to become a new REGISTERED BIDDER shall be charged a ONE TIME FEE of $1 USD (one dollar) in order to authorize their credit card or an (updated) credit card upon registering for any auction. By registering you represent and warrant any and all buyer information is accurate and complete. It is solely the buyer’s responsibility to maintain current buyer information for completeness and accuracy. American Auction reserves the right to deny and/or terminate registrations at any time at its sole discretion without notification. American Auction reserves the right to deny usage and access of services and websites at any time without notice or liability to any persons or third parties. American Auction reserves the right to suspend bidding privileges for any bidder for any reason. American Auction can elect to do so before, during or after an auction is in progress with no notice to the bidder.
  2. All items are sold via American Auction are on an “AS IS/WHERE IS” basis without warranties or representations whatsoever either implied or expressed or Neither shall American Auction nor the selling consignor makes any warranties or representations of any kind or nature with respect to the property or its value, neither shall and in no event American Auction be responsible for an or any item/good be correct of description, statement of being genuine, attribution, statement of it origin or history of its origin, who the author may be or any authenticity statement or guarantee of being complete, value of any property or even an estimate of value.  No statement (oral, implied or written) at the auction, cataloging, or anywhere else shall be deemed or assumed or shall imply as a warranty. Neither shall American Auction or any representative or anyone else associated shall be deemed knowledgeable for any item to make such a warranty or representation for or about any item or good being sold or have any assumption of responsibility. Prospective bidders are urged to contact American Auction directly for detailed information regarding any lot or item/good.
  3. Payment of your winning bid. After the auction has ended, you will receive an email with your invoice detailed out and will indicate if any balance is due. At that point you can schedule a pickup date and time. In the event an item is expected to be a large amount, contact American Auction to discuss acceptance of a certified bank check.  American Auction must receive the full balance before the winning bidder may take possession of the property you bid on and became the winning bidder.  American Auction reserves the right to charge the credit card on file for any outstanding balances not paid by the final payment deadline indicated within the Auction policy. American Auction will impose a $25.00(USD) handling fee for any tax-exempt forms not on file prior to bidding for the adjustment of a purchase price effected. By registering on this site, you agree to all arbitration in the event of any legal matters involving a dispute for charges on your credit card.  You also agree to the handling fee in the event of anything resulting in a payment reversing to the credit card on file in the amount of $25.00(USD). Invoices may be paid by cash, credit card, bank check accompanied with a bank letter of guarantee. Cashier’s check, wire transfer, Zelle, or certified check and also a check drawn on your Corportation and must be acceptable to American Auction.
  4. All items are sold via American Auction are on an “AS IS/WHERE IS” basis without warranties or representations whatsoever either implied or expressed or Neither shall American Auction nor the selling consignor makes any warranties or representations of any kind or nature with respect to the property or its value.  In no event shall American Auction be responsible for any item(s)/good(s) to be correct of description, statement of being genuine, statement of attribution, statement of its origin or statement of history, who the author may be or statement authenticity, statement or guarantee of being complete, its value of any such property or even an estimate of value.  No statement (oral, implied or written) at the auction, cataloging, or anywhere else shall be deemed or assumed or shall imply as a warranty. Neither shall American Auction or any representative or anyone else associated shall be deemed knowledgeable for any item to make such a warranty or representation for or about any item or good being sold or have any assumption of responsibility. Prospective bidders are urged to contact American Auction directly for detailed information regarding any lot or item/good.
  5. Buyer’s Premium. American Auction will charge a buyer’s premium (“Buyer’s Premium”) which is agreed to by the consignor on all items/goods sold. The final purchase price of any item or good will have a buyer’s premium added.  The buyer’s premium will be 15%.
  6. Taxes. American Auction will add the appropriate jurisdictional sales tax (which is 8%), on all applicable items sold unless you have given us your tax-exempt document prior to you bidding on the auction. It’s your responsibility to verify we have your tax-exempt documentation. You will be giving a confirmation code number which we will attach to your documentation. Unless we have giving you a confirmation code, we do not have your tax exempt on file and taxes would be applied to any final sale.
  7. Inspection of items/goods. American Auction representative will be on site to allow you to inspect any/all Items by appointment unless noted in any Auction. Please do not just show up.  All items are located for this particular Auction at 5401 Flemington Rd, Ellabell Georgia 31308, but may be at any location. Please be sure to take note of auction pickup location for EACH auction. Be sure to view the inspection/pick up location for each Auction sale as it will likely change. American Auction recommends a very thorough inspection before you bid online. If you would like further information on any items, please contact us.
  8. A note about picking up your items/goods. Please bring your printed out receipt showing paid in full which will also list the items and their lot numbers for an easier transaction. Also, it is advised to bring help for loading larger or heavier items/goods. A friendly reminder to bring the necessary tie down straps and moving blankets to protect your items/goods. American Auction does not provide any tie down supplies.
  9. When your appointment time/date is scheduled for pickup. An American Auction representative will be onsite for your appointment. Please arrive only for your appointment time/date to prevent congestion.  Shipping of items/goods is available at the winning bidder’s expense. Storage charges of $75.00(USD)per day for a maximum of 4 days. American Auction will declare items not picked up or arranged for shipping as abandoned and dispose of said items as American Auction finds necessary. Buyer shall be responsible for the safe and proper removal of any Goods purchased. American Auction will accommodate shipping of items at the bidder’s expense. Please contact us to confirm before bidding. Otherwise, American Auction will assume buyer will pick up item(s)/good(s). Buyers may either pick up Goods at the designated auction site personally or can contract with a third-party agent to manage the removal process for them. Before Goods can be removed by a third party, Purchaser must provide American Auction with (1) proof of payment and (2) an “Agent Release Authorization form “signed by you which allows American Auction to release items to a third-party contractor/representative.  Purchaser will be responsible for any and all expenses related to disposing of abandoned items. American Auction can claim ownership of said items and resell them with all proceeds going to American Auction. In the event the purchaser has not picked up or made arrangements for shipping withing 24 hours after the pickup deadline, the bidder/purchaser authorizes American Auction to charge to the credit card on file liquidation cost.
  10. Any items/Goods remaining after the deadline removal date shall be subject to the terms and conditions listed in herein. There will be NO removal of any lots until the designated removal appointment date.
  11. After the buyer has taken possession of any item(s) from American Auction, American Auction shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to American Auction before any item is removed from the premises where the auction is conducted.
  12. American Auction shall not be responsible for damages or losses caused by cell service, internet signal, power outages, weather, strikes, riots anything out of American Auctions control, or acts of God.
  13. American Auction, shall and reserves the right to deny, cancel, refuse the bid of any person without any notice or providing a reason, therefore. American Auction reserves the right to bar and also refuse and deny, the usage and access and login ability by any person or third party of any and all American Auction services and websites without notification.
  14.  If American Auction has provided information to Buyers, including without limitation, item(s) listed including any lots, item(s) up for Auction, listed in any cataloging methods or advertised in any way is subject to errors, information unavailable in its entirety, added or underrepresented and/or listed at any time as well as may receive changes or updates without prior notice.  Information is obtained from seller(s) and other means and hoped to be accurate. You are encouraged to do your own due diligence research/investigation/inspection. American shall have NO liability for the accurateness of information for or about any item(s) up for Auction.
  15. American Auction is an Auction company who is an agent for a third party owner and shall have no liability whatsoever for actions of any owner, rightful seller, trustee, heir to an estate ,executor or executrix of estate ,testate with will, intestate without will, personal representative named by probate court to administer the estate, power of attorney or attorney- in -fact which American Auction conducts the  auctioning any Goods on their behalf, American Auction shall act as an agent only and shall have no liability whatsoever for the acts of any party utilizing our services.
  16. American Auction, in its sole discretion, shall administer and control all bidding increment amounts for any and all Auctions and when bids move to the next bid amounts (increments).
  17. Buyers who visit or have an appointment with American Auction understand and acknowledge that an auction site could have several irregular shaped items and goods that are staged in a temporary manner and trip and fall hazard are potential. An Auction facility or live Auction location can and could be a hazardous/ dangerous place and be mindful of your whereabouts. We ask that you do not smoke while at any Auction location due to the fact that some item(s) may contain gas, diesel and other flammable fluids.  Air compressors may be pressurized and can present a dangerous situation. Some chemicals from an estate or on consignment by a seller may be present with corrosive materials. Items such as propane, noxious gases or other chemicals may be present. We recommend while inspecting or picking up item(s)or goods that you take due care of safety measures such as wearing safety glasses and/or gloves to prevent bodily harm. American Auction reminds you that all item(s) are AS-IS, WHERE IS and does not make any guarantee to any of the items/goods and their conditions. American Auction recommends the purchaser obtain from the manufacture any safety information such as owner’s manuals and be familiar with the proper operation of any item(s) purchased before attempting use.
  18. Heavy equipment may be present and being operated. We ask all visitors to stay clear of any moving equipment and not approach equipment in operation. Purchaser is NOT allowed to use any equipment at any Auction location. Every person who enters the auction site does so at his or her own risk. No person shall have any claim against American Auction, the seller or their respective agents, contractors for any injuries sustained or for damages to or loss of property that may occur at the auction site location. If Electrical equipment is up for bid, we ask that you do not attempt to remove the electrical unless you are licensed to work on electrical equipment, Purchaser should hire at their expense a licensed company to remove electrical circuits.
  19. All buyers/visitors SHALL NOT let their children be unattended at any time. Registered buyers agree they will instruct all personal assisting with loading to follow these rules, and buyer is responsible for any/all legal matters they may have and hold American Auction harmless.
  20. American Auction reserves the right to reject any bid or bid amount that appears to be illegal set by the secretary of state or made with an attempt to commit fraud or not with good intentions. In the event of a dispute between any bidders, American Auction reserves the right to accept what it deems to be the final bid or continue to accept further bids concerning the item(s) in dispute. In the event further legal action is deemed necessary all parties agree to arbitration. No returns or refunds will be permitted, unless agreed by and authorized by the seller in writing.
  21. If the bidder/buyer who is inspecting or picking up items fails to comply with any of the Terms and conditions, American Auction shall have all rights and remedies available to it at law and in equity and arbitration. American Auction may retain all deposits and partial payments currently received from the Buyer and may resell any item(s)/Goods that the Buyer fails to finalize that was attempted to be purchased. Buyer shall be responsible for all costs, losses, and damages suffered by American Auction (i) as a result of Buyer’s breach of any of the Terms and conditions, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of American Auction rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage fees. All visitors/buyers agree thru the registered buyer, to forward these terms and conditions to anyone assisting the buyer and also agrees to Arbitration.
  22. Buyers/visitors agree they will defend at buyer/visitors expense, indemnify and hold harmless American Auction, including its employee(s) affiliates, owners, directors, officers, agents, or partners, from and against any and all claim(s), loss(s), damage(s), liabilities, judgments, fees and expenses incurred by American Auction, including its affiliates, owner,  employee(s) directors, officers, agents, or partners, through the use of American Auction live services and online websites.
  23. If the purchaser has not settled any/all amount(s) due to American Auction, the purchaser authorizes American Auction to apply any/all fees necessary to liquidate and recover financial damages to the credit card on file at the time of registration and or the card that has been updated.
  24. Variable bid values are as follows.
  25. $5.00-$40.00=$1.00
  26. $41.00-$100.00=$5.00
  27. $101.00-$300.00=$10.00
  28. $301.00-$500.00=$15.00
  29. $501.00-$1000.00=$25.00
  30. $1,001.00-$5,000.00=$50.00
  31. $5,001.00-$10,000.00=$100.00
  32. $10,001.00-$25,000.00=$750.00
  33. $25,001.00-$50,000.00=$1000.00
  34. $50,000.00-onwards=$750.00

Contact Us

If you have any questions about these Terms and Conditions, please contact us.

Email: Freddie@American-Auction.com

912-663-4609