Lowell 12U Steel Rack Cabinet

General Terms and Conditions of Sale

Please read the following pages carefully, as they contain the Terms and Conditions of Use that will govern all transactions with Clear Path Systems and Clear Path Auctions.

Clear Path Systems has the right to alter this agreement or these Terms and Conditions at any time.

Clear Path Systems expressly reserves the right to terminate or to refuse services at the sole discretion of Clear Path Systems, for any reason and without notice.

1.  Registration of each buyer is a prerequisite for submitting bids/offers.

2. The registrant or buyer hereby warrants that all information provided to Clear Path Systems will be true, accurate and complete. 

3.  Subject of amendments and modifications announced by the auctioneer at the time of the auction, any person participating in the auction shall be bound by the following terms and conditions.

4.  Any and all announcements published on the day of the auction shall take precedence over previously distributed information. 

5.  All payments shall be made by way of cash or wire transfer.  Payment will be made payable to Clear Path Systems. 

6.  The auction sale is subject to local sales tax and shall be paid to the auction company at the time of the sale.  Purchasers claiming exemptions must provide proof of exemption satisfactory to the auction company prior to payment. The buyer or purchaser shall pay taxes in the absence of satisfactory proof of exemption. 

7.  A 19% buyer’s premium will apply to all purchases.  A credit card surcharge of a minimum of 3% will be added for all purchased completed via credit card. 

8.  Registrant or Buyer is expected, before bidding, to view and inspect all the items prior to bidding. All purchases made at this Auction are at the buyer’s risk as soon as the lot is closed and sold.

9.  Auction/Bidding Time Extension:  During the last few minutes of bidding, there may be an extraordinary flurry of bidding activity on an item. To ensure bidding integrity, and to prevent last minute bid "sniping" -- where a bidder waits until the final seconds to place a bid -- the site will automatically extend bidding. At the end of the Extended time period, the item will be moved to a Closed status. 

10.  The auctioneer shall regulate all matters relating to the conduct of the auction.  The auctioneer’s decision shall be final and binding on all bidders.  Should any dispute arise between two or more bidders or as to any bid, the lot in question may be put up again and resold. 

11.  The auctioneer reserves the right to accept bids in any increments for the best interest of the client, the seller. The auctioneer reserves the right to reject bids for any reason. 

12.  Absentee bidding will be permitted when possible as a convenience to our customers. The auction company will not be held responsible for any errors or failure to accurately execute bids. Bidders must submit absentee bids prior to auction, either in writing or verbally.  

13.  The buyer hereby assumes and does agree to indemnify and hold the auction company and seller harmless from any current or future claim which shall pertain to the fitness, use, damage, safety, injuries to persons or property that may have been caused by or during the removal or use of item(s) purchased at the auction.  Sale by estimated weight, count or measure – In cases where items or lots sold by estimated weights, counts or measures, the buyer will be billed for and required to pay for the estimated weight, count or measure.  If there is an excess over the estimated weight, count or measure, the buyer shall be required to take such excess at the rate of purchase.  In case of purchases for which settlement is required by estimated or actual weights, counts or measures, no adjustment will be made after the time allowed by the Auctioneer for the removal of the purchases.  No adjustment shall be made on items sold by the lot.  Claims & Statements – Statements, if any, by Auctioneer of goods are made true and correct as recommended by the seller.  All legal action, if any, is to be taken against the seller and not the Auctioneer.  The Auctioneer is an agent for the seller. 

14.  Placing of a bid constitutes acceptance of the foregoing terms of sale. 

15.  All items are sold as is, and all sales are final.
Determination of the age, condition, quality, authenticity, value, purported history or classification of all items offered and sold (regardless of what is said or written) is the sole responsibility of the buyer/purchaser and under no circumstances can anything be returned. 

16.  Condition of Articles, Items or Other(s) Sold – The lots or other items sold shall be paid for in full before being taken away and shall be taken away at the buyer’s absolute risk and expense within the time announced (no exceptions) by the Auctioneer, the Auctioneer not being responsible for the correct description, genuineness, authenticity (believed to be correct and taken from sellers or reliable sources) of or defect in any lot and making no warranty in connection therewith and further disclaiming implied warranties.  No sale will be set aside nor allowance made on account of any incorrectness error in cataloguing or any imperfection not noted.  No deduction on damaged items since all goods are exposed for public exhibition and sold “AS IS, WHERE IS” and without recourse.  Purchases will be allowed to be removed only upon completion of Auction and then only removed after all debts are paid and/or accounted for.   

17.  REMOVAL, EXAMINATION AND PAYMENT – No lot can or any account can be removed or settled for during the sale; and the full purchase money on all lots sold to the same buyer must absolutely be paid with the time fixed and before the examination, gathering or removal of the goods.  Risk to person or of property – Persons attending during inspection period, during auction sale of and removal of goods assume all risks of damage of loss to person or property and hereby specifically relieves the Auctioneer and the Seller from any and all liability thereof.  The time allowed for payment of debts and removal of goods is either printed in the catalog, printed in sale guide, announced by the Auctioneer, and/or published to the internet and can be obtained from the office of the Auctioneer.  It is the bound duty of all buyers to inform themselves thereof and no responsibility shall rest upon the Auctioneer or auction company by reason of the buyers ignorance thereof.  Any lot not removed within 10 days will be deemed abandoned.  The Auctioneer shall have the right and option, but shall be under no obligation to remove and store at the buyer’s expense and risk, any lot not paid for and, or removed by the buyer within 30 days allowed pending final disposition thereof or may be abandoned by all parties and NO responsibility will be assumed by seller or Auctioneer. 

All damages to buildings removal or partitions or walls or any other physical damage in any way whatsoever shall be repaired by buyer to the satisfaction of the seller, landlord, and for those of whom are proved to be of authority of premises at time of sale. 


18.  Compliance with Terms and Conditions – In addition to any other remedy given by law to the seller and to the Auctioneer, it is agreed that in case of failure by the buyer to comply with these terms, all money received may be retained by the Auctioneer, and that lots not paid for and removed with the time allowed under the terms may be re-sold at public or private sale without further notice and the first buyer is obligated and responsible for the full bid price of original sale price and for the difference, if any. 

19.  Responsibility for Non-delivery or Pick-Up – the Auctioneer will not be in event liable or (morally or otherwise) responsible for anything to any purchaser. 

20.  Addition to or withdrawal from the sale – The Auctioneer reserves the right to withdraw from the sale any of the property herein listed or to sell at this sale property not herein listed.  The Auctioneer also reserves the right to group one or more items or lots into one or more selling lots or to subdivide lots into minus, one, two or more selling lots.