These Terms and Conditions (“Terms”) govern registration for, access to, and
participation in auctions conducted by American Frontier Auction, LLC (“AFA”),
through Paul F. O’Dwyer, Texas Licensed Auctioneer No. 18296 (“Auctioneer”).
These Terms apply to every registered bidder and buyer (collectively, "Buyer") and to
all property or lots offered for sale (collectively, "Property").
These Terms are supplemented by the applicable auction page, lot descriptions,
posted announcements, invoice, payment and removal instructions, and any
auction-specific terms (collectively, the "Agreement").
Participation in any auction , including registering, checking the acceptance box,
accessing an auction, or placing a bid, constitutes acceptance of this Agreement.
IF YOU DO NOT READ, UNDERSTAND, AND AGREE TO THE AGREEMENT, DO NOT
REGISTER OR BID. AUCTION-SPECIFIC TERMS CONTROL OVER THESE GENERAL
TERMS IF A CONFLICT EXISTS, UNLESS AFA EXPRESSLY STATES OTHERWISE IN
WRITING.
1. Auctioneer Capacity & Authority
The Auctioneer acts solely as agent for the Seller for the limited purpose of
marketing and selling Property at auction. Unless expressly stated in writing, AFA is not
the owner, manufacturer, dealer, inspector, appraiser, carrier, or guarantor of the
Property. Nothing herein shall be construed as creating a partnership, joint venture,
employment, fiduciary, or other special relationship between AFA and any Buyer.
The Auctioneer makes no representation or warranty regarding the condition, quality,
safety, title, authenticity, regulatory status, sale price, bidder participation, or Buyer
performance**, Seller performance, availability of documentation, or uninterrupted
operation of the auction platform**.
AFA's relationship with each Seller is governed by a separate written
consignment or auction agreement. No representation made by a Seller will constitute
a representation or warranty by AFA unless AFA expressly adopts it in a signed writing.
2. Listings, Advertising & Auction Results
Property descriptions and advertising are prepared from information considered
reliable, including information supplied by the Seller, but AFA does not guarantee their
accuracy or completeness. AFA may correct a description, photograph, lot number,
quantity, closing time, or other listing information; add, withdraw, combine, or divide
lots; or post additional terms or announcements before a lot closes. The buyer is
responsible for reviewing all updates before bidding.
The Auctioneer reserves the right, in its reasonable discretion, to postpone,
reschedule, extend, reopen, suspend, modify, withdraw, or cancel an auction or any lot
due to technical issues, emergencies, legal concerns, Seller instructions, suspected
error or fraud, concerns affecting auction integrity, or circumstances beyond its
reasonable control.
AFA may declare ‘a lot’ a no-sale or re-offer it when reasonably necessary to
protect the integrity of the auction. AFA will provide notice of a material change when
reasonably practicable, but a failure by Buyer to review a posted update does not
cancel a bid.
3. Buyer Registration, Inspection & Due Diligence
All Buyers must register and be approved before bidding. The buyer must be at
least 18 years old, legally capable of entering a binding contract, and must provide
complete and accurate registration, identity, contact, and payment information. If
Buyer bids for a business or another person, Buyer represents that Buyer has authority
to bind that party. Buyer is responsible for maintaining the security of its account and
bidder number and may not share or transfer them. AFA may approve, deny, limit,
suspend, or revoke bidding privileges for identity or payment concerns, prior default,
suspected fraud, or conduct affecting auction integrity.
Buyers are solely responsible for inspection and due diligence before bidding,
including determining the Property's condition, completeness, authenticity, quality,
safety, value, title and lien status, regulatory status, and suitability for Buyer's intended
use.
FAILURE TO INSPECT SHALL NOT RELIEVE BUYER OF RESPONSIBILITY OR CANCEL
OR REDUCE ANY BID.
Descriptions, photographs, videos, condition reports, measurements, dimensions,
operating hours, mileage, quantities, year, make, model, VIN/PIN/serial numbers, titles,
service history, and oral statements are provided for convenience only. They may be
incomplete, approximate, or incorrect. Buyer must independently verify every fact
material to Buyer's decision.
All Property is sold "AS IS, WHERE IS," WITH ALL FAULTS, and without warranties of
any kind, express or implied, including merchantability or fitness for a particular
purpose, condition, quality, durability, authenticity, and non-infringement, except for
an express written warranty specifically identified in the auction-specific terms. No oral
statement by AFA, the Seller, or any representative creates a warranty or modifies the
Agreement.
Buyer is solely responsible for permits, licenses, registration, transportation, repairs,
use, environmental compliance, safety requirements, and import or export
requirements applicable to the Property.
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4. Payment Method on File and Authorization
4A. Payment Method Required Before Bidding
All Buyers are required to provide a valid credit card and maintain an active
payment method on file with the Auctioneer prior to being approved to bid, unless
AFA authorizes another verification or deposit method for a particular auction.
By registering to bid, the Buyer represents that Buyer is authorized to use the payment
method provided and authorizes American Frontier Auction and its third-party payment
processor to:
● Verify the identity and payment information provided
● Place a temporary authorization hold, where applicable
● Process charges expressly due and authorized under the Agreement, to the
extent permitted by law
● A temporary authorization hold is not payment and may reduce the available
credit or funds in Buyer's account. The buyer remains responsible for confirming
that its payment method remains valid through completion of the transaction.
The Auctioneer reserves the right, in its reasonable discretion, to deny bidding
privileges, suspend bidding activity, or revoke account access if a valid payment
method, required authorization, or deposit is not maintained on file.
4B. Authorization to Charge for Buyer Default
In the event a Winning Bidder fails to remit full payment within the stated invoice
period or otherwise defaults under Section 7, the Buyer authorizes the Auctioneer and
its payment processor, to the extent permitted by law, to charge the payment method
on file for the following amounts when expressly disclosed or reasonably incurred
under these Terms:
● Buyer's premium
● Any unpaid portion of the Total Purchase Price authorized for card payment
● Administrative fees disclosed for the auction or invoice
● Relisting or resale costs
● Storage fees at the disclosed rate
● Collection costs
Any resale deficiency and other lawful damages recoverable under Section 8
Buyer acknowledges that such charges are amounts arising from Buyer's contractual
obligations or default. AFA will provide or make available an invoice or receipt for
charges processed. Buyer agrees that the Auctioneer may process such charges
without obtaining a separate authorization for each charge, subject to the Agreement
and applicable law.
AFA will not recover the same loss twice through both a charge and another remedy.
The buyer remains liable for any amount not successfully processed.
4C. Insufficient Funds; Declined Charges
If a payment charge is declined, reversed, stopped, or charged back, the Buyer
remains fully liable for all outstanding amounts. The buyer must promptly notify AFA of
any suspected billing error and reasonably cooperate in resolving it. A knowingly false
or bad-faith chargeback constitutes Buyer default. The Auctioneer may pursue any
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additional remedies available under these Terms or Texas law, including account
suspension, resale of the Property, and legal collection efforts.
Nothing in these Terms prevents Buyer from exercising a payment-dispute right that
cannot lawfully be waived.
5. Bidding, Acceptance & Auctioneer Discretion
All bids constitute irrevocable offers to purchase the applicable Property for the
bid amount, plus the applicable Buyer’s Premium, taxes, and any disclosed fees. Once
submitted, a bid may not be withdrawn, canceled, reduced, or otherwise revoked for
any reason. A bidder is solely responsible for reviewing and confirming the accuracy of
each bid before submission.
Except where withdrawal or cancellation is expressly required by applicable law, any
attempted withdrawal, cancellation, reduction, or revocation of a bid shall be deemed
unauthorized and shall constitute a default. American Frontier Auction (“AFA”) is under
no obligation to approve or accept any request to withdraw, cancel, reduce, or revoke
a bid.
The highest qualified bid accepted by the Auctioneer forms a binding contract
between the Buyer and Seller. The highest bid displayed on the bidding platform is not
necessarily accepted until AFA confirms the sale.
Unless expressly advertised as “absolute” or “without reserve,” every auction
and lot is offered with reserve and may be withdrawn at any time before AFA
announces completion of the sale. Any right reserved by the Seller to bid will be
disclosed as required by applicable law.
The Auctioneer reserves the right to reject or cancel bids, establish or change
bid increments, use automatic or maximum bidding, extend closing times, resolve tie
bids or other disputes, reopen bidding, or void sales where reasonably necessary to
preserve auction integrity**, correct a clerical or platform error, address suspected
fraud, or comply with law**. Auctioneer records shall be prima facie evidence of
bidding activity and will control absent manifest error.
AFA's decision concerning bidding administration is final to the maximum extent
permitted by law.
6. Purchase Price, Buyer's Premium & Taxes
The Buyer agrees to pay the total purchase price in cleared funds by the
deadline stated in the auction-specific terms or invoice. The “Total Purchase Price”
consists of:
The final bid amount
● The Buyer's premium stated for the auction
● All applicable taxes and disclosed fees
● The Buyer's premium is earned when AFA confirms the sale and is
nonrefundable except when AFA cancels the sale or applicable law requires
otherwise. Buyer may not withhold, offset, or deduct payment because of a
complaint regarding the Property, subject to rights that cannot lawfully be
waived.
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Sales tax shall be collected and remitted in accordance with Texas law and applicable
jurisdictions. A Buyer claiming an exemption must provide complete and valid
exemption or resale documentation by AFA's stated deadline. AFA may reject
incomplete, invalid, or late documentation. Buyer remains responsible for any tax,
penalty, interest, or cost arising from invalid or misused exemption documentation.
6A. Final Sale; No Cancellation
Once AFA announces or confirms completion of a sale, the sale is final and binding.
Except where AFA exercises a remedy expressly provided under these Terms or
applicable law requires otherwise, the Buyer may not cancel the purchase, withdraw
the winning bid, refuse the Property, request a refund, stop payment, or initiate a
chargeback because the Buyer:
● no longer wants or needs the Property;
● failed to inspect the Property;
● misunderstood its condition, description, or specifications;
● cannot obtain financing;
● cannot arrange transportation;
● cannot use, register, license, permit, or resell the Property; or
● otherwise changes its mind after the sale.
The Buyer’s obligation to pay for and accept the Property is not contingent upon
financing, transportation, resale, registration, licensing, permitting, intended use, or
delivery of title documents within a particular period, except where AFA expressly
agrees otherwise in writing.
Any refusal to complete the purchase or accept the Property for any of the
foregoing reasons constitutes Buyer Default under Section 7.
Only AFA may cancel or rescind a confirmed sale pursuant to these Terms. Nothing in
this section limits any right or remedy that cannot lawfully be waived.
7. Payment; Buyer Default; Remedies
Payment must be received in cleared funds and through a payment method
approved by AFA within the timeframe stated in the auction-specific terms or invoice.
Failure to pay in full when due, failure to complete required documentation,
repudiation or attempted withdrawal of a winning bid, failure to timely remove
Property, a bad-faith chargeback, submission of false information, or any other material
breach constitutes Buyer default, entitling Auctioneer, on its own behalf and/or as
Seller's agent and to the extent permitted by law, to one or more cumulative remedies:
● Cancellation of the sale: Cancellation by AFA does not release the defaulting
Buyer from liability for any resale deficiency, fees, costs, or other damages
recoverable under these Terms.
● Retention and application of deposits or other amounts paid against lawful
charges and damages
● Resale of Property at public auction or private sale after any notice required by
applicable law
● Recovery of any deficiency between Buyer's Total Purchase Price and the net
proceeds of resale
● Recovery of reasonable relisting, resale, administrative, handling, transport,
storage, damages, fees, and collection costs
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● Suspension or permanent ban from future auctions
● Recovery of reasonable attorneys' fees and court costs to the extent permitted
by law
● Any other remedy available under the Agreement or applicable law
● AFA will not obtain duplicate recovery for the same loss. Auctioneer does not
guarantee collection of Buyer funds and is not liable to Seller for Buyer
nonpayment except as expressly stated in a separate written Seller agreement.
Buyer is also in default if Buyer refuses to accept the Property or applicable title
documents, fails to provide required title-assignment information, refuses to complete
a required title transfer, or attempts to reject, disclaim, or abandon the Property after
the sale has been confirmed.
8. Removal, Storage & Abandonment
Upon full and cleared payment and AFA's authorization for release, Buyer must
remove Property within the stated removal period and during the stated hours or
appointment window. Buyer bears all labor, dismantling, rigging, loading, transport,
permits, site-safety compliance, insurance, and risk and must supply all necessary
personnel, tools, and equipment. Neither AFA nor Seller is required to assist with
removal.
Buyer and Buyer's employees, contractors, agents, and carriers enter the auction
and pickup premises at their own risk and must follow all site rules and applicable
safety requirements. Buyer is responsible for personal injury, spills, and property or site
damage caused by Buyer or its representatives. AFA may refuse access to any person
or equipment presenting a safety or security risk.
Property not removed by the stated deadline may incur storage fees at the rate
disclosed in the auction-specific terms or invoice and may be moved or stored at
Buyer's risk and expense. After notice to Buyer and expiration of the period stated in
that notice, AFA may, to the extent permitted by applicable law, deem the Property
abandoned, resell it, arrange its removal, or dispose of it. Proceeds may be applied to
unpaid amounts and lawful costs, and Buyer remains responsible for any deficiency.
The Buyer may not avoid its payment or removal obligations by refusing to
accept the Property, disclaiming ownership, abandoning the Property, or stating that
the Property is no longer wanted or needed. Failure to remove the Property within the
required period constitutes Buyer Default under Section 7 and may result in storage
charges, relocation, resale, removal, or disposal in accordance with these Terms and
applicable law. The Buyer remains responsible for any resulting deficiency, fees, and
costs.
9. Risk of Loss & Title Transfer
Risk of loss transfers to Buyer upon Auctioneer's confirmation of sale, unless the
auction-specific terms expressly state otherwise. Possession and any title documents
will not be released until AFA receives cleared funds and all required documents. Title
documents, if applicable, shall be processed in accordance with Texas and applicable
state law, and Buyer acknowledges that processing times may vary.
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Buyer is responsible for verifying title status, branding, disclosed liens,
registration eligibility, and regulatory compliance before bidding.
If, before authorized pickup, Property is lost, materially damaged, or unavailable
through no fault of Buyer, AFA may cancel the sale. Buyer's exclusive remedy against
AFA will be a refund of amounts Buyer paid to AFA for that Property, except where
applicable law requires otherwise. Delay in receiving title or other documentation does
not authorize Buyer to delay payment or removal.
When applicable, the Buyer must promptly provide all information,
identification, signatures, and documents required to prepare, assign, and deliver the
certificate of title or other ownership documents. Acceptance and completion of the
title transfer are mandatory parts of the purchase and are not optional.
The Buyer may not refuse, disclaim, abandon, or instruct AFA or the Seller to retain the
title because the Buyer no longer wants or needs the Property, does not intend to
register or use it, or cannot satisfy the requirements of the Buyer’s jurisdiction.
If the Buyer fails to provide complete and accurate title-assignment information within
ten (10) business days after payment, AFA may, to the extent permitted by law, prepare
and deliver the title or ownership documents using the Buyer information shown on the
invoice or Buyer’s account.
AFA may send the title or ownership documents to the Buyer’s last known
address. AFA is not responsible for delay, loss, return, correction, or reissuance caused
by inaccurate or incomplete information provided by the Buyer.
A delay in processing or delivering title documents does not permit the Buyer to cancel
the sale, dispute or delay payment, refuse removal, or abandon the Property.
If AFA or the Seller is unable to provide a title or ownership document expressly
represented as included with the Property, AFA may cancel the sale. Unless applicable
law requires otherwise, the Buyer’s exclusive remedy against AFA will be the return of
amounts paid to AFA for the affected Property.
10. Technical Issues; Auction Disruptions; No Sale
Buyer acknowledges that auctions are conducted through an online platform
and that technical issues may occur outside the Auctioneer's reasonable control,
including internet outages, system errors, power failures, software malfunctions, or
bidder access problem, delayed notifications, browser incompatibility, or device failure.
The Auctioneer will make commercially reasonable efforts to address technical issues;
however, the Auctioneer does not guarantee uninterrupted, timely, secure, or error-free
operation of the auction platform and shall not be liable for failures beyond its control.
Buyer is responsible for its internet connection, device, browser, login access, and
continuous monitoring of bidding. A missed, delayed, or unsubmitted bid does not
create liability for AFA.
If, in the Auctioneer's reasonable discretion, a technical issue materially affects bidding,
auction integrity, or fairness, the Auctioneer may take any action it deems appropriate,
including:
● Pausing or extending bidding
● Reopening bidding
● Postponing or rescheduling the auction
● Canceling affected lot(s)
● Re-offering item(s)
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● Declaring a no sale
No Property shall be released unless full and cleared payment has been confirmed by
the Auctioneer. The Auctioneer is not liable for lost bids, lost opportunity, lost profits,
reduced sale price, or failure to meet the reserve caused by technical issues outside the
Auctioneer's reasonable control.
The same rights apply when an auction is affected by severe weather, natural disaster,
power or telecommunications failure, governmental action, emergency, labor
disruption, cyber incident, or another event beyond AFA's reasonable control.
11. Prohibited Conduct
Shill bidding, bid manipulation, bid shielding, unauthorized bid retraction, use of
a false identity, account or bidder-number sharing, fraudulent payment activity,
collusion, interference with auction integrity or the platform, unauthorized removal,
unlawful threats or harassment, and any violation of applicable law are strictly
prohibited and may result in bid or sale cancellation, account suspension or
termination, preservation or lawful disclosure of records, reporting to appropriate
parties or authorities, recovery of resulting losses, and legal action.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER TEXAS LAW:
Auctioneer’s total aggregate liability arising from a particular Property or
transaction will not exceed the commissions and Buyer’s Premium actually retained by
AFA for that Property, except to the extent applicable law requires otherwise.
Auctioneer shall not be liable for incidental, consequential, punitive**, indirect,
special, or exemplary** damages**, lost profits, lost business, lost data, loss of use, or
lost opportunity, even if AFA was advised that such damages might occur**
Buyer assumes the consequences of failing to inspect or independently verify the
Property and auction information
These limitations apply to claims arising from an auction, Property, the platform, or the
Agreement, whether based in contract, tort, statute, or another theory. They do not
apply to liability that cannot be excluded or limited under applicable law.
13. Electronic Communications Consent
Buyer consents to receive transactional and account-related communications via
email, SMS, and telephone, including registration notices, bidding notices, invoices,
payment or security alerts, pickup instructions, and account administration messages.
These communications are necessary to administer the auction and Buyer's account.
AFA may send marketing communications only as permitted by applicable law.
Marketing consent is not a condition of purchase and may be withdrawn using the
stated opt-out method. Opting out of marketing does not stop necessary transactional
or service communications.
AFA’s collection and use of personal information is governed by its Privacy Policy at
https://www.americanfrontierauction.com/privacy. Payment information may be
processed by third-party providers under their applicable terms and privacy practices.
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14. Governing Law, Venue & Jurisdiction
This Agreement shall be governed by the laws of the State of Texas, without
regard to conflicts of law principles.
Subject to any right that cannot lawfully be waived, exclusive venue for any dispute
arising from or relating to the Agreement, an auction, or any Property will lie in the
state courts of competent jurisdiction located in Montague County, Texas, or the
applicable federal court serving Montague County, Texas. Each party consents to
personal jurisdiction in those courts and waives any objection based on improper
venue or inconvenient forum. And the parties irrevocably submit to such jurisdiction
and waive any objection based on venue or inconvenient forum.
15. Severability & Waiver
If any provision is held unenforceable, that provision will be enforced to the
maximum extent permitted by law, and the remaining provisions will remain in full force
and effect. Failure to enforce any provision shall not constitute a waiver of that
provision or the right to enforce it later. A waiver is effective only if in writing and
applies only to the specific instance stated. AFA's rights and remedies are cumulative.
Buyer may not assign or transfer a bid, purchase, or obligation without AFA's prior
written consent. Provisions concerning payment, default, removal, indemnity, limitation
of liability, and disputes survive completion or termination of the transaction. Headings
are for convenience only.
16. Entire Agreement
This Agreement constitutes the entire agreement between the parties
concerning Buyer's registration, bidding, and purchase and supersedes all prior
agreements, representations, and statements on that subject, whether written or oral.
The Agreement includes these Terms, the applicable auction-specific terms, lot
information, posted announcements, invoice, and written payment and removal
instructions. A separately signed agreement and the auction-specific terms control over
these general Terms in the event of a conflict, unless AFA expressly states otherwise in
writing.
No oral statement modifies the Agreement. A modification must be posted by
AFA as an auction update or confirmed in a writing issued by authorized AFA
personnel.
AFA may revise these Terms prospectively by posting a new effective date and version.
The version accepted by Buyer for an auction governs that auction, together with
properly posted auction-specific updates. A material revision will not apply retroactively
without renewed consent.
17. Buyer Indemnification
To the extent permitted by law, Buyer will defend, indemnify, and hold harmless
AFA, Seller, the auction platform, and their respective owners, officers, employees, and
agents from third-party claims, losses, liabilities, damages, and reasonable costs,
including attorneys' fees, arising from: (a) Buyer's breach of the Agreement; (b) Buyer's
inspection, entry, loading, removal, transportation, possession, use, transfer, or
disposal of Property; (c) injury or damage caused by Buyer or Buyer's employees,
contractors, agents, or carriers; or (d) Buyer's violation of applicable law. This obligation
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does not apply to the extent a claim results from an indemnitee's gross negligence,
willful misconduct, or other liability that cannot lawfully be limited.
18. Special Property and Separate Agreements
Real estate, firearms, titled vehicles, regulated materials, and other special
categories may be governed by additional agreements, closing documents, transfer
requirements, or laws. Those additional terms control for the applicable Property. An
online bid does not replace a required real-estate purchase agreement, deed, title
document, regulated transfer, or other instrument required by law.
19. AFA Contact and Required Regulatory Information
Legal entity: American Frontier Auction, LLC
Address: 603 FM 174, Bowie Texas 76230
Email: Admin@AmericanFrontierAuction.com
Telephone: 940.257.4282
Auctioneer: Paul F. O’Dwyer
Texas License No.: 18296
American Frontier Auction is licensed and regulated by the Texas Department of
Licensing and Regulation. For questions or complaints regarding auctioneer services,
contact: Texas Department of Licensing and Regulation

Lot # B2054 - HIPPO MULTIPOWER SYSTEM

Auctioneer Info

Description

Specifications