Auction Terms. This agreement is between the owner of Hopkins Auction ( Auctioneer) and any Registered bidder ( Bidder ) that registers for any auction. Any Registered Bidder agrees to all the terms listed here. Only statements in the auction description can and will supersede any conflicting statement listed here in Terms. A. Legal Authority- Any dispute between Auctioneer and bidder will be in Montgomery County, Texas. Jurisidction will remain here in Montgomery County, Texas, regardless of where Bidder places a bid or has items shipped to. There will be no Change of Venue, even if Bidder files suit 1st. 1. The venue will be Small Claims court in Montgomery County , Texas for any dispute. 2. If Auctioneer Prevails in any dispute, the Bidder agrees to pay for court filing fees Plus $50 an hour for time spent in small claims court the day of hearing. 3. Bidder agrees to pay 10% interest from the day of the initial dispute if money is owed to auctioneer. This includes actual bid price and any buyers premium and any storage fees late fees and or abandonment fees. B. Fees- these are fees subjected to the bidder for failure to adhere to terms and conditions. 1. Late fee. Items are expected to be paid for immediately after auction ends. We will give a courtesy 12 hours from when invoice email is sent. Late fee will be incurred after the 12th hour after the email invoice is sent from auctioneer. The late fee will be $10 or an increase of buyers premium by 10% ( which ever is Greater). This is to cover cost of time for declined credit cards and time spent emailing calling texting bidder. All emails are sent form hopkinsauction@gmail.com and this is the only method of invoice delivery. It is the bidders expectation to add this email address to contacts in email to ensure delivery. The auctioneer is not responsible to email being sent to junk, spam or trash in the bidders email. 2. Abandonment fee. If after the pickup schedule time (within a week or less) items are not picked up the Bidder agrees to abandon the auction items even if paid for and the bidder gives the Auctioneer permission to relist, donate dispose of without refund of any monies paid. The Abandonment fee is $25 and is in addition to the late fee. If the Bidder paid on time and avoided a late fee, the bidder agrees pay $25 or 10% higher buyers premium ( whichever is Greater). If the bidder already paid a late fee they will only be subject to the additional $25 abandonment fee. This fee is for time spent pulling items from inventory setting them out and disposing donating or relisting items. 3. Storage Fees- If items are abandoned or failed to be picked up with given time window posted by auctioneer the bidder agrees to pay $1 per lot per day beginning the day after auction closes. These fees will continue until items are resold or bidder comes to pickup and pays all back fees owed. 4. Missed pickup fee. If buyer makes online appointment and fails to pickup item same day as booked appointment by last appointment, bidder agrees to pay a fee to auctioneer for time spend pulling picking item setting out for fast pickup and putting back in warehouse. 5 items or less the fee is $10, 6-10 items is $15, 10 items and up is $20. This fee is doubled if there is a no call email or text by appointment time or if any item weighs over 25 lbs. C. Buyers premium. Buyers premium is an additional fee added to Bidders bid price. This is standard in the auction industry. It pays for staff overhead and other business related items. Buyer agrees to pay a 15% buyer premium. Standard Buyers premium is 15%. Industry standard can be as high as 20%. Bidder agrees to be charged a 25% buyers premium for any late payment or non payment or abandonment. 1. If a bidder bids $100 the bidder will pay actually $115. If that same bidder is late paying or abandons item or doesn't pay at all they will pay $125. D. Taxes- Bidders in the state of Texas will pay a tax rate of 8.25%. Bidders outside the state of Texas will pay 0% tax. The Texas Comptroller may change tax collection requirements. But right now it is 0% E. Payments- We accept cash Credit Card Venmo Zelle and cashapp. We charge 3% payment collection fee regardless of payment type. Cash slows down pickup times and speed and we prefer non cash payments, but will never turn down cash payments. F. Shipping. We will ship most items. We charge cost of shipping given to us by USPS or Fedex plus a small markup. You authorize us to ship your items and charge card on file. We will ship as many lots in a box as we can. We charge a minimum fee of $7 on top of shipping costs. We will charge no more than $25 on top of cost. Any box over 10 lbs is $12 over $20 lbs is $15 over 30 lbs and above is $20 and 40 lbs and above is $25. We no longer pallet ship items. You will be given weight and dimensions of pallet. And referred to freightquote.com for shipping. Or you can use your own preferred shipper. We charge $50 to palletize and prepare shipment and wait for shipper to pickup. You authorize us to charge card on file any shipment under $100 without contact. If a shipment will cost more than $100 we need email authorization in writing. If you see shipping charge and contact us to cancel prior to shipping we can refund shipping. There is no option for you to send us label. If you don't want to pay shipping fees you can abandon items without refunding the bid price and buyers premium. G. Authorization to charge. Bidder Gives Auctioneer permission to charge any fees listed in terms including bid price, buyers premium, taxes, late fees, abandonment fees, shipping and storage fees to credit card on file. IF card on file declines and bidder wishes to use different card the same authorization is given to auctioneer. Once a card declines the bidders only form of payment will be zelle, venmo, cashapp or cash. H. Item Pickup. The auctioneer will pull items put them outside door ( weather permitting) or near door after a bidder makes an appointment using special link in email. We try to make pickup fast and easy for staff and bidders. It is very important to not make appointment if you are not going to make it. Other auction companies pull items when you arrive, we do not. We pull ahead of time. This is why we charge a fee for not picking up items. I. Chargebacks. Bidder agrees to not file a chargeback. Bidder agrees to pay any fee associated with a charge back. Our credit card processor charges us a $10 fee. Chargebacks will result in permanent banning of bidding permissions with our company. We will also report to hibid as a chargeback and ther auctionerrs may deny you bidding privileges on their platform too. J. Refunds. The auctioneer does not offer refunds. Any refunds (if given) will be in the form of a future auction credit. Refunds are at sole discretion of auctioneer. Regardless of fault or error or misrepresentation unless stated in writing all refunds will be in future auction credit only . Bidder agrees they have no right to file chargeback because all refunds are in form of future credit so by filing a chargeback you are forcing a refund against our terms and conditions. K. Shipping dispute. All dispute must be made within 24 hours of receiving items as shown by USPS or FedEx tracking. Any claim after this 24 hour period will be void and ineligible for refund. Any return shipping regardless of fault will be the sole responsibility of bidder. Shipping insurance is extra and must be requested by bidder. No refunds or future credit for damaged items during shipping will be issued if insurance is not chosen. Insurance is not automatic. L. Returns. Returns are at sole discretion of auctioneer. We do not take returns. Once an item is taken home you agree you are not entitled to a return. We don't know what happens after items leaves out location. Any dispute of condition must be made before leaving with item. It is bedders responsibility to check items make sure they are present. We check off items as we pull them. Mistakes can happen. Any return if allowed will be for future credit only. Returns are at sole discretion of auctioneer. M. Contact and communication, by registering for auction or placing an item in your watchlist or subscribing to our mail list you give auctioneer permission to send you auction reminders, auction updates or special sales or promotions related to our auction and or business activities. We will not distribute your info to any 3rd party. If auction company is ever sold you allow us to transfer contact information and permission to contact only for auction related purposes. We primarily use email contact but we may switch to text alerts. You give us permission to text auction alerts as well. You can opt out by clicking unsubscribe from text or email. N. Item description. Item description is not guaranteed as we pull from a manifest or amazon description and may not be accurate. Bidder agrees to use both description and photos but not only the description and only the photo. If something is off please ask. If picture of one item and the description does not match something went wrong with upload. Please ask before bidding. Auctioneer will determine what item was sold to the best of memory. O. Final sale of item. Auctioneer may cancel any bid at anytime. Even if the item is marked sold on auction platform. Auctioneer may determine that sale is not in best interest of company. Any cancelled sale will have item removed from invoice or refund bidder if item is removed after card is charged. P. All items sold as-is where is with no warranty expressed or implied. Q. Item removal. Items to be released after payment fot items and all fees. Removal is the responsibility of bidder and liability or risk of lifting items in vehicle is at risk of bidder and liability thereof. If bidder has heavy item and auctioneer uses forklift or other equipment to load items, bidder agrees to release any liability for damage to person, property or vehicle. Bidder agrees not to sue for damages of any kind, physical or emotional damage to product person or property R. Risks. Bidder assumes all risks. Buying from auctions is risky. It could lead to financial loss. Bidder agrees not to list item for sale prior to picking up and inspecting items. Auctioneer will no be responsible for any financial loss related to auction items. Bidder assumes all risks. S. item pickup and loading 90% of people do not tip staff . So if help is requested we will start charging a $5-20 fee based on item weight for all pickups. bidder is responsible for all lifting and loading of items. We will have items on table or out front ready for customer to load. if forklift is required we charge $20. T. Soft reserve. If an item has a reserve it will be auctioneers discretion to set amount and if it is close we may sell item. if it isnt then we will remove from invoice before charging card. If the card is charged consider it sold. U. updated buyers premium. if BP is stated as 10% or less the following terms must be met or the BP will be higher than stated. no exceptions. this supercedes any other term related to BP. all late payment have a 25% buyer premium. after 5pm day after auction. all items not picked up by end of pickup schedule will have 25% buyers premium. If card declines the buyers premium is 15% if we have to run card again before 12pm next day after auction. if payment is not received by 12pm monday buyers premium is 18% please register with a valid credit card and if you blocked your card please pay promptly with zelle or venmo. we charge immeditely after auction closes. between 8 and 9pm sunday night.