Terms and Conditions of the User Agreement
This is the User Agreement for this auction site. If you do not agree to be bound by these terms, do not use the site.
We may amend this User Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.
- Membership Eligibility:
Our services are available only to individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to minors (individuals under the age of 18) or to temporarily
or indefinitely suspended members. If you (the 'User/Bidder/Buyer') are a minor, you can use this service only in conjunction with your parents
or guardians. If you do not qualify, please do not use our services. Further, your account and Bidder number may
not be transferred or sold to another party. If you are registering as a business entity, you represent that you
have the authority to bind the entity to this Agreement. All registration information that you provide to MillCityAuctions.com shall be current,
complete, and accurate. You agree to not use any device, software or routine to interfere
or attempt to interfere with the proper working of any transaction being conducted on and
during the auction sale.
- Your Activities:
Your activities on the site shall not: (a) be false, inaccurate or misleading; (b) violate any law, statute, ordinance or regulation; (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- Access and Interference:
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this site or any activities conducted on our site. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to this site by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of this auction or the appropriate third party.
- Agreement:
Access and use of MillCityAuctions.com, (the 'Site') is
subject to any and all specific terms and conditions set forth on any individual page within the Site and the
terms and conditions of this User Agreement and all applicable laws and regulations, including but not
limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO
ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF
THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms
and conditions of the User Agreement or any other applicable law or regulation. MillCityAuctions.com
reserves the right to periodically change the terms and conditions of the User Agreement and it is your responsibility to periodically review any and all changes made to these terms and conditions
prior to each use of this Site. By using this Site, you agree in advance to accept all rules,
terms, and conditions, and any such possible changes.
- Privacy:
MillCityAuctions.com gathers information about Bidders and Owner/Sellers for the purposes
of conducting online auctions. MillCityAuctions.com does not sell or rent this information. MillCityAuctions.com
uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving
a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail
to Admin@MillCityAuctions.com to have your name promptly removed from our list.
- Bid is a Contract:
As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you become the Buyer, and you will be obligated to buy
the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not
paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property
sold through this Site reserve the right to reject any and all bids, in their sole discretion.
- Item Description:
All items sell "AS IS - WHERE IS." Neither MillCityAuctions.com or the
Seller gives any type of guarantee or warranty, implied or otherwise. These items are offered for auction
and their descriptions are from sources deemed reliable and submitted subject to errors, omissions and
change without notice. Any errors are not sufficient grounds for returning any purchased item. There are
no returns, refunds, or adjustments. THE ENTIRE RISK AS TO THE QUALITY, AUTHENTICITY &
CONDITION RESTS WITH THE BUYER. SHOULD THE AUCTION ITEM(S) PROVE NOT TO BE WHAT
THE BUYER HAD ASSUMED THEM TO BE FOLLOWING THEIR PURCHASE, THE BUYER AGREES
TO ACCEPT THE GOODS REGARDLESS OF THEIR CONDITION! MillCityAuctions.com encourages all
bidders to personally inspect all items BEFORE BIDDING! Both the Owner/Seller and/or MillCityAuctions.com reserve
their right to withdraw any auction items at any time and/or extend the auction duration. All items will be
sold to the highest bidder. MillCityAuctions.com reserves the right to reject any and all
bids.
- Buyer's Premium:
Unless a specific auction states otherwise, a 10% buyer's premium will be
charged on all items and lots. Every Buyer pays the same buyer's premium and should bid accordingly.
For example, if you bid $100 on an item at the auction you will be charged $110 for the item on your
auction invoice.
- Sales Tax:
If an item is subject to sales tax, MillCityAuctions.com shall collect sales tax at the time of
payment. Tax shall be calculated based on the successful bid price PLUS the buyer's premium. If the Buyer
claims an exemption from sales tax, it is the Buyer's responsibility to provide the appropriate resale or
exemption certificate for each auction at which the Buyer makes a purchase.
- Payment:
The Buyer will receive an invoice via electronic mail after the close of the auction by the following
business day. Payment for purchases must be made by cash, cashier's check, money order, or credit card (only
Visa, Master Card and Discover accepted), unless otherwise noted in a specific auction's terms. If no payment is
received by the removal deadline, the total will be charged to the credit card on file for the bidder.
THERE ARE NO EXCEPTIONS!!! If the credit card is invalid or cannot be charged for any reason, ownership
of items will automatically revert to the Owner/Seller. MillCityAuctions.com reserves the right to determine how and to whom it will
be resold. The item WILL NOT AUTOMATICALLY go to the next second-highest bid. Failure to pay will result in a
permanent BAN from all future auctions and pursuit of all legal remedies available.
- Removal:
Merchandise becomes the full responsibility of the Buyer at the time of sale and the Buyer
assumes all risk of loss and damage to property until removed from the sale premises. The Buyer indemnifies and holds harmless
MillCityAuctions.com, its directors, officers, employees and agents against any damage or loss which the Buyer, MillCityAuctions.com
or third-parties may suffer or incur with respect to loss, damage or injury arising from the removal of an item. The merchandise may
remain on the premises until the removal deadline, which is noted in every individual auction's terms. All items must be removed by the removal deadline. THERE ARE NO EXCEPTIONS!! Buyers who fail
to pick up purchases by the removal deadline will incur storage fees in the amount of $100.00 per day per invoice. Items
remaining 30 days after the removal deadline will be considered as abandoned, and ownership will revert to the Owner/Seller, who may
resell or dispose of items AND continue to pursue collection of payment from the Buyer.
- Buyer's Responsibilities and Conduct:
The Buyer shall be responsible for all damage that it, its carriers or its agents may do to the property of any third party
(and, in particular, to MillCityAuctions.com's premises or other removal site) in removing the items it has purchased. Should MillCityAuctions.com
consider such damage likely to occur, it may require the Buyer to deposit such sum of money with MillCityAuctions.com, by way of security
for the costs of reinstating that part of the premises likely to be damaged by the removal of an item, as MillCityAuctions.com may require.
Should the Buyer refuse to deposit such monies, MillCityAuctions.com may refuse the Buyer access to MillCityAuctions.com's premises or other
removal site for the purpose of collecting all or any of the items it has purchased, or rescind the sale of such items.
- Indemnity:
The Bidder/Buyer accepts responsibility for and agrees to indemnify, defend and hold harmless each
Owner/Seller and MillCityAuctions.com and their employees, governing body, officers, owners, affiliates,
subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages,
liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses)
related to, arising from or associated with the Bidder/Buyer's, his agents or representatives, use of the Site, including
but not limited to personal injuries or property damage incurred on the sale premises or during removal
and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or
violation by the Bidder/Buyer of this User Agreement or any use by the Bidder/Buyer of the Site or as a result of a dispute
with another Bidder.
- User Agreement Constructed under Minnesota Law:
All disputes relating to a MillCityAuctions.com
online auction and the terms and conditions herein shall be governed by and interpreted in accordance
with the laws of the State of Minnesota. All claims relating to a MillCityAuctions.com online auction and the
terms and conditions herein shall be brought to District Court in Hennepin County, Minnesota, and bidders
hereby consent to the jurisdiction of said Court.
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