Auction Terms and Conditions

These Auction Terms & Conditions (“Terms”) govern all bidding and purchases made through DuBois Auction Co. (“Auctioneer”). By registering, bidding, attending an auction, accessing an auction site, or purchasing any property, each bidder and purchaser (“Buyer”) agrees to be bound by these Terms.
1. AUCTIONEER ROLE: Unless expressly stated otherwise in writing, Auctioneer is acting solely as an independent contractor for the seller of the property (“Seller”) and is not the owner of the auction property. Auctioneer shall have no liability for the acts, omissions, representations, warranties, or conduct of any Seller.

2. REGISTRATION REQUIREMENTS: Auctioneer may deny or revoke bidding privileges at any time, with or without cause. Bidder must provide a valid government-issued photo ID and, if applicable, a valid resale or farm tax exemption certificate prior to bidding approval. Bidder represents that all registration information provided is accurate and complete and that Bidder is authorized to enter into legally binding transactions. Bidder is solely responsible for all activity occurring under Bidder’s account.

3. BUYER'S PREMIUM: A buyer’s premium shall be added to the final bid price as follows:
a. 10% capped at $4,000 per item on DuBoisAuctionCo.com.
b. 12.5% capped at $5,000 per item on all third-party bidding platforms, including but not limited to Proxibid and EquipmentFacts.
c. Buyer’s Premium caps vary by platform and will be disclosed in each individual auction listing.

4. PAYMENT TERMS:
a. All invoices must be paid in full no later than two (2) business days following the close of auction. Auctioneer reserves the right to require a deposit of up to $2,500 or 10% of the total purchase price (whichever is greater) at auction close. Accepted payment methods include: Cash (USD), Cashier’s Check, ACH Transfer, Wire Transfer (with $25 fee), and Credit Card (up to $2,500 with 3.5% processing fee).
b. All buyers outside the continental United States must pay by wire transfer. Invoices unpaid after two (2) business days shall incur a $100 per day administrative late fee until paid in full. If Buyer fails to remit payment within the required two (2) business day period, Auctioneer is expressly authorized to charge the credit card on file for the full outstanding invoice balance, including buyer’s premium, taxes, administrative fees, storage fees, and any other amounts due under these Terms. All sales are final. No refunds, returns, exchanges, chargebacks, bid retractions, or cancellations shall be permitted except as expressly provided herein.

c. Auctioneer accepts all major credit cards except American Express. Auctioneer requires a valid credit card verification prior to approval of bidding privileges. By registering, Bidder authorizes Auctioneer to place a pre-authorization hold on Bidder’s credit card for verification purposes. Buyer expressly agrees not to initiate or permit any credit card chargeback, reversal, ACH reversal, or payment dispute relating to any valid auction transaction. Any improper chargeback shall constitute a material breach of these Terms, and Buyer shall remain liable for all amounts owed, including chargeback fees, collection costs, administrative expenses, court costs, and reasonable attorney’s fees.

5. TAXES: Buyer shall pay all applicable sales, use, title, registration, excise, and similar taxes unless Buyer provides a valid exemption certificate acceptable to Auctioneer prior to invoicing.

6. CONDITION OF SALE:
a. Auctioneer and Seller make no warranties, express or implied, of any kind regarding the condition, merchantability, fitness for a particular purpose, title, age, year of manufacture, model, make, compliance with any applicable law or regulation, or financeability of any item. TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW, BUYER EXPRESSLY WAIVES ANY RIGHTS ARISING UNDER LOUISIANA CIVIL CODE ARTICLES 2475 THROUGH 2548, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AGAINST REDHIBITORY DEFECTS, HIDDEN DEFECTS, FITNESS FOR ORDINARY OR PARTICULAR USE, OR REDUCTION OF THE PURCHASE PRICE.

b. All catalog information is provided as a guide only and, while believed to be reliable, is not guaranteed or warranted; no sale shall be invalidated due to any inaccuracy therein. By participating in the auction, each bidder confirms they have independently inspected all items, are not relying on the Auctioneer or Seller for any representations and expressly waive any and all claims against DuBois Auction Co. or its affiliates, including those related to repairs, restoration, replacement of parts, or undisclosed defects.

c. Buyer acknowledges that the waiver and limitation provisions contained herein are material terms of the sale and that Auctioneer would not conduct the auction absent such provisions.

7. INSPECTION: All property is available for inspection prior to bidding. Bidder is solely responsible for inspecting items and verifying condition, description, serial numbers, VINs, specifications, quantities, dimensions, and suitability prior to bidding. Failure to inspect shall not relieve Buyer of any obligation to complete the purchase.

8. BIDDING TERMS: The highest bid accepted by Auctioneer shall constitute a binding contract of sale. Auctioneer reserves the right to reject bids, reopen bidding, cancel bids, withdraw property, correct clerical or catalog errors, divide or combine lots, cancel sales, or resolve bidding disputes in Auctioneer’s sole discretion. In the event of any dispute regarding bidding, internet activity, lot identity, clerical error, or Buyer identity, Auctioneer’s records shall control. All sales are final. No refunds, returns, exchanges, bid retractions, or cancellations shall be permitted except as expressly stated herein. Auctioneer shall not be responsible for missed bids, delayed bids, internet interruptions, platform outages, software malfunctions, data transmission failures, clerical errors, or other technical issues. Auctioneer makes no warranty that online bidding platforms will operate without interruption or error.

9. REMOVAL & RISK OF LOSS: All items must be paid for in full prior to removal. No partial releases shall be permitted. Buyer is solely responsible for loading, rigging, dismantling, transportation, shipping, permits, labor, and removal of purchased items. Buyer acknowledges that certain equipment sold at auction may not be legal for operation on public roadways without inspection, modification, permitting, registration, or repair. Removal must be completed no later than the published removal deadline. Any item not removed by the deadline may, at Auctioneer’s sole discretion: (i) incur storage fees in the amount of $100/day; (ii) be deemed abandoned; (iii) be resold without notice; and/or (iv) be disposed of without refund. Buyer shall remain liable for all deficiencies, damages, storage fees, removal costs, commissions, attorney’s fees, and expenses arising from Buyer’s failure to timely remove property.

10. INDEMNIFICATION: Buyer assumes all risk of injury, death, property damage, and environmental liability arising from bidding, inspection, loading, dismantling, transport, possession, use, or removal of purchased items. Buyer shall indemnify, defend, and hold harmless Auctioneer, Seller, landlords, and their respective owners, members, managers, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, fines, penalties, costs, and expenses, including attorney’s fees, arising out of or related to this Agreement or Buyer’s acts or omissions, removal activities, transportation, export, use, or resale of purchased Property.

11. FIREARM SPECIFIC TERMS: All federal and Louisiana firearm laws apply. Firearms must be transferred to a valid FFL dealer where required by law. Buyers must satisfy all legal requirements and pass all applicable background checks. If Buyer cannot legally possess or transfer a firearm, DO NOT BID.

12. EXPORT COMPLIANCE: Buyer represents that Buyer is not subject to any U.S. sanctions or restricted party list and shall not export or re-export purchased items in violation of applicable law. Buyer assumes all responsibility for export compliance.

13. MARKETING COMMUNICATIONS: By registering to bid and accepting these Terms and Conditions, each Bidder expressly consents to receive marketing and promotional materials from DuBois Auction Co., including but not limited to upcoming auction announcements, newsletters, and other promotional communications, delivered via email, mail, text, or other means of contact provided at registration. Bidders may opt out of receiving such communications at any time by contacting DuBois Auction Co. directly.

14. NO RELIANCE: Buyer acknowledges that neither Auctioneer nor Seller has made any representation not expressly set forth herein and no oral statements or representations by Auctioneer or Seller shall modify these Terms unless confirmed in writing by Auctioneer.

15. SELLER BIDDING DISCLOSURE: Auctioneer may execute bids on behalf of Seller up to the reserve amount as permitted under Louisiana law.

16. TITLED VEHICLES AND EQUIPMENT: For titled items, available title documents shall be delivered upon receipt of cleared funds or mailed within ten (10) banking days thereafter. Buyer is solely responsible for determining operational condition, safety, emissions compliance, and roadworthiness of any tractor, combine, implement, trailer, truck, ATV, sprayer, or other equipment purchased. Auctioneer does not guarantee that any equipment is field-ready, roadworthy, operational, financeable, or compliant with manufacturer specifications or governmental regulations. If Auctioneer or Seller is unable to convey marketable title to a titled item, Buyer’s sole and exclusive remedy shall be rescission of the sale and return of the purchase price upon return of the item. Buyer is solely responsible for registration, taxes, insurance, inspections, and compliance with all applicable laws.

17. DEFAULT: In the event of a default on these Terms by Buyer, Auctioneer and Seller may retain deposits, resell items, recover deficiencies and costs, assign to collections, charge storage, pursue specific performance, permanently ban Buyer from future auctions, and/or exercise any additional rights available at law or equity.

18. BIDDING PLATFORM & CLERICAL ERRORS: Auctioneer shall not be responsible for missed bids, bidding platform failures, or clerical errors.

19. LIMITATION OF LIABILITY & CONSEQUENTIAL DAMAGES WAIVER: IN NO EVENT SHALL AUCTIONEER, SELLER, OR THEIR RESPECTIVE AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF DATA, DIMINUTION IN VALUE, COSTS OF REPLACEMENT EQUIPMENT, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE AUCTION, ANY ITEM PURCHASED, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, REDHIBITION, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AUCTIONEER SHALL NOT BE LIABLE FOR ANY CLAIMS RELATING TO DELAYS, TITLE ISSUES, EQUIPMENT FAILURE, TRANSPORTATION, REMOVAL, DOWNTIME, REPAIR COSTS, LOST REVENUE, OR REGULATORY COMPLIANCE. AUCTIONEER’S TOTAL AGGREGATE LIABILITY ARISING FROM ANY TRANSACTION SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE SPECIFIC ITEM GIVING RISE TO THE CLAIM.

20. FORCE MAJEURE: Auctioneer shall not be liable for delays, interruptions, or inability to perform caused by events beyond its reasonable control, including acts of God, weather events, internet outages, labor disputes, governmental actions, transportation disruptions, or equipment failures.

21. SITE SAFETY: Auction sites may contain dangerous conditions, including moving equipment, heavy machinery, electrical hazards, chemicals, uneven surfaces, and debris. Persons entering auction sites do so entirely at their own risk.

22. GOVERNING LAW & VENUE: These Terms shall be governed by the laws of the State of Louisiana. Any litigation arising out of or relating to the auction or sale shall be brought exclusively in the state or federal courts located in Franklin Parish, Louisiana, and Buyer consents to such jurisdiction and venue.

23. ATTORNEYS’ FEES: In any action arising out of these Terms or any auction transaction, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, and expenses.

Lot # 103 - EXCAVATOR AUGER

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