Terms Page

Terms

ASCENTAUCTION.COM TERMS & CONDITIONS

By accepting the terms and conditions of this website, you as a bidder, buyer or seller acknowledge that you are entering into a legal and binding contract between you and Ascent Auction Services (AAS).  You agree to abide by all terms and conditions.

 

BUYER’S PREMIUM

In most auctions, a Buyer's Premium will be added to each lot’s high bid to establish the sale price for each lot. For example: $100 bid price + 10% buyer’s premium = $110, total invoice amount.

 

BIDDER REGISTRATION

You must be 18 years of age or older to register and bid. During the registration process, you must submit information found to be current, complete, and accurate for proper identification.  You acknowledge that it is your responsibility to continually maintain current and accurate account information. All bids and sales are final and cannot be retracted or removed.

AAS online auctions require you to enter a valid credit card to register and bid. Your credit card will be checked for an available credit of $25.  Your card will not be charged at this time.

You acknowledge that it is your responsibility to securely save all ascentauction.com registration and login information including usernames and passwords.  You accept responsibility and payment for all purchases from your account.

 

LOT DESCRIPTIONS & CONDITION

AAS offers lot descriptions and condition details as a courtesy to bidders. They are intended to be accurate, but represent opinions only, not statements of fact, and do not imply any warranty concerning condition, or any assumption of liability. Lot announcements, listings, photographs, and catalog information are for descriptive purposes only.

You acknowledge that you have the right and responsibility to inspect each lot personally or to have a third-party representative inspect the lot on your behalf. By bidding on a lot, you have agreed to accept the lot in its present condition, at its present location and with the description provided, whether accurate or not.

All lots are sold “AS-IS”.  There shall be no returns or exchanges.

 

CURRENCY TYPE

All bidding increments and payments will be in US Dollars (USD).

 

BIDDING

By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the lot you are bidding on.

 

PAYMENT

If you are the successful bidder, you agree to pay the amount of your bid plus all taxes and premiums in accordance with all written or oral terms and conditions of the auction and website.

Non-paying bidders or fraudulent bidding will be subject to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations.

 

INTERNET, SERVER & SOFTWARE ISSUES

You acknowledge that the internet may be an unreliable and error-prone network.  Auctioneer will not be responsible for technology disruptions, errors or failures including disruptions to bidding or the failure to execute recognized or unrecognized online bids. Regardless of whether it is caused by a loss of connectivity or breakdown of the system, hacking or other reasons, AAS reserves the right, upon technology disruption, to continue, cancel or suspend the auction.

 

AUCTIONEERS ANNOUNCEMENT

AAS reserves the right to accept bids on behalf of internet bidders, live bidders, absentee bidders, the seller, or themselves.  All bids are subject to acceptance by AAS and AAS reserves the right to accept or reject any bid.  AAS shall have the sole discretion in deciding the successful bidder in the event of a bidding dispute or tie bid.  In all cases of dispute AAS’s decision shall be final.

 

AGENTS FOR SELLERS

You acknowledge and agree that AAS is acting solely as the agent for the seller.  You acknowledge that no relationship of any nature or type, agent, employee, independent contractor or otherwise, is created between you and AAS.

 

LIABILITY

Preview, bid, and pickup purchases at your own risk. AAS nor any of its officers, employees, independent contractors, or clients, are responsible for injury or damage of any kind, to anything or anyone, while previewing, bidding, picking up purchases, or conducting business. You agree to hold AAS and its agents harmless, regardless of opinion.

 

LIMITATION OF LIABILITY

If, for any reason, AAS, is unable to make available or deliver any lot purchased, or portion thereof, or documentation required in respect to any lot, the sole liability of AAS, if any, will be the return of monies paid in respect to such purchase upon the lot return to AAS by buyer.

 

GOVERNING LAW

This agreement shall be interpreted in accordance with and governed by the laws of the State of Montana, to include but not limited to, the Uniform Commercial Code, as adopted in Montana.  The exclusive jurisdiction and venue of any controversy or claim arising from this contract will be in the County of Gallatin in the State of Montana.  If litigation is filed to enforce the terms of this agreement, the losing party in such litigation is responsible to pay the litigation costs and reasonable attorney’s fees incurred by the prevailing party.

 

TERM OF AGREEMENT

The term of this agreement will begin on the date of acceptance of this agreement by bidder, buyer or seller and will remain in full force and effect until completion of this agreement.  This agreement, which may be amended in writing and signed by both parties, represents the entire agreement, and takes place of all prior agreements.

 

PRIVACY

We, as AAS, respect your privacy and that of our clients, both buyers and sellers. We will not release your information to anyone without your permission.