TOWSONLINE AUCTION TERMS AND CONDITIONS
ALL SALES ARE FINAL WITH NO RETURNS AND NO EXCEPTIONS.
(1) Bidding in this auction sale constitutes acceptance by you ("Bidder") of all the Terms of Sale stated herein. Please keep in mind that Towsonline Auctions is in NO way a retail store. We are online Auctioneers & Liquidators and so forth, ALL SALES ARE FINAL, NO CREDITS OR REFUNDS of any kind are given. By agreeing to these terms, you are also agreeing not to reverse any credit card charges. This agreement supersedes any agreement customers may have with their bank or any other financial institution, including but not limited to credit card companies. We do not accept returns. Any items returned without prior written authorization will be considered abandoned and will become the property of Towsonline Auction.
(2) All items are sold "AS IS, WHERE IS", with all faults, known & unknown, with NO guaranties or WARRANTIES expressed or implied, of any kind, by the lot number affixed to the item, including but not limited to condition, authenticity or testing, completeness, suitability, fitness or merchantability for any purpose. You are bidding and buying based upon your own inspection, your own determination of value, and your own decision to bid. Fakes & Forgeries may be present in any sale.
(3) LIVE PREVIEW OR INSPECTION IS YOUR BEST PROTECTION! Towsonline Auction takes no responsibility for errors or omissions of any kind, including catalog descriptions and photographs. Keep in mind that most auctioned items are used and may have light surface scratches, defects, damages, repairs and or dents /dings. Preview is suggested in order to gauge the condition of each piece. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. All descriptions are made in good faith, however, PREVIEW OR INSPECTION IS HIGHLY RECOMMENDED to gauge the exact nature and condition of all pieces.
ACCEPTANCE PERIOD:
By marking the required box at the end of the online sale terms and conditions during registration and submitting a bid, the bidder agrees to the Terms and Conditions of sale and to pay for and remove the property by the dates and times specified in the contract award email notification, if the bid is accepted. This is an ONLINE ONLY AUCTION and has predetermined removal dates and times, NO refunds or chargeback’s will be granted due to a lack of removal at the designated times.
1. AGENCY. Towsonline Auction acts as agent for the sellers of all property described in all catalogues. The contract for the sale of each item is a contract between the owner of the item and the successful bidder for the item.
2. PRESALE ACTIVITY
A. INSPECTIONS. You are strongly advised to personally inspect and examine any items that you contemplate bidding for. If you purchase any item sight unseen, you accept all responsibility for such purchase; without limitation, you accept any defects, damages, past repairs, irregularities, and all other physical conditions that could have been determined by your inspection of the property. If the results of your inspection and/or evaluation of any property leave uncertainty in your mind as to any matter you deem relevant to your potential purchase, Towsonline Auction recommends you have an expert examine the lot for you or do not bid on the item in question. Neither Towsonline Auction nor the seller made any warranty or guaranty as to property offered at auction.
B. DESCRIPTIONS. Written descriptions, including without limitation catalogue and internet descriptions and condition reports, are our opinions only, and should not be construed or relied upon as statements of fact nor as guarantees of any kind. Such statements do not constitute a representation, warranty or assumption of liability of any kind by us. Towsonline Auction is not responsible or liable for the correctness of the catalogue, internet listing, condition reports, or other descriptions. Any references to damage, repair or restoration are for guidance only and should be evaluated by personal inspection by the bidder; the absence of such references does not imply that an item is free from defects, repairs, or restoration, nor does a reference to particular defects, repairs or restorations imply the absence of others. All measurements are approximate.
C. IMAGES. All images in Towsonline Auction catalogues are for identification purposes only and are not intended to represent the actual color or clarity of the item being auctioned. All photos are of the actual items being auctioned unless otherwise noted in the catalogue or online listing.
D. ESTIMATES OF SELLING PRICE. Any estimate of the selling price of an item stated in our catalogue or internet listing is intended as a guide for prospective bidders. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However, all property can bring prices either above or below stated estimates. Stated estimates should not be relied upon as the value of the item, nor as a statement that this is the price at which the item will in fact sell.
E. BUYER’S RESPONSIBILITY. All property is sold "AS IS" without any representation or warranty of any kind by Towsonline Auction or the seller. Buyers are responsible for satisfying themselves as to all aspects of property condition and descriptions, including without limitation genuineness, attribution, provenance, authenticity, authorship, completeness, condition, damage, repairs, restorations, estimates of value, and all matters referred to in catalogue entries, internet descriptions, condition reports, and elsewhere.
3. CONDUCT OF SALE
A. ELIGIBILITY OF BIDDERS:
Bidders must be at least 18 years of age. Towsonline Auction may from time to time establish standards of qualification for bidders. Internet bidders must qualify through online bidding platforms.
B. REGISTRATION:
Prospective bidders are required to register prior to the auction. Internet bidders may register through online bidding platforms. Towsonline Auction reserves the right, at its complete discretion, to refuse admission to the premises and/or participation in any auction, and to reject any bid. ALL REGISTRANTS ARE REQUIRED TO CAREFULLY READ ALL TERMS AND CONDITIONS OF SALE, THEY AGREE TO BE BOUND BY THESE TERMS OF SALE.
C. BIDDING:
a) Prior to bidding, all registrants are required to carefully read all terms and conditions of sale, the descriptions for the lots on which they have bid and they agree to be bound by these terms of sale.
b) Internet bidding is offered as a service to our customers, and prospective bidders shall not hold us responsible for any errors or failures in executing bids, nor shall they hold us responsible for any failure due to the loss of the auction applet supplied to us by online bidding software.
c) Bidding errors: Please be aware that bidders could and might purposely increase their own bids to price an item out of reach of other bidders. You should immediately review your bids before submitted. If you bid on the wrong item, we will not reverse your bid please make sure and review all bids before submitting. We will not reverse bids after the auction has begun to close no exceptions.
D. ACCEPTANCE AND REJECTION OF BIDS:
Towsonline Auction reserves the right to accept or reject any bid for any reason whatsoever. The highest bidder acknowledged by Towsonline Auction will be the actual buyer. In the event of any dispute between bidders, or in the event of doubt on Towsonline Auction part as to the validity of any bid, Towsonline Auction will have the exclusive final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the item in dispute. Towsonline Auction is not responsible for any errors or omissions in connection therewith. Towsonline Auction shall be the sole arbitrator in case of any disputed bid.
E. RESERVES
Towsonline Auction acts as an agent on behalf of the sellers. Unless otherwise stated, some lots may be offered with a reserve. A reserve is the minimum price the seller is willing to accept for a lot. This amount may or may not be disclosed and can be established or modified at any time through written or verbal agreement between the seller and Towsonline Auction, up until the conclusion of the auction for that lot. If a reserve is set, it is typically a percentage of the low estimate and will not exceed the low estimate. Bidders should be aware that Towsonline Auction may place bids on behalf of the seller to reach the reserve price. These bids may be placed consecutively or in response to competing bids, but will not exceed the reserve. Towsonline Auction will not place consecutive bids above the reserve on behalf of the seller.
F. WITHDRAWAL OF LOTS
Towsonline Auction reserves the right to withdraw any lot before or during the sale and shall have no liability whatsoever for such withdrawal. No participant in the auction sale shall have a right to claim any damages, including consequential damages if a lot is withdrawn.
G. BIDDING INCREMENTS
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 – 50.00 5.00 USD
50.00 – 100.00 10.00 USD
100.00 – 500.00 25.00 USD
500.00 – 1,000.00 50.00 USD
1,000.00 – 2,000.00 100.00 USD
2,000.00 – 5,000.00 250.00 USD
5,000.00 – 10,000.00 500.00 USD
10,000.00 – 20,000.00 1,000.00 USD
20,000.00 – 50,000.00 2,500.00 USD
50,000.00 – 100,000.00 5,000.00 USD
100,000.00 – 1,000,000.00 10,000.00 USD
H. WINNING BIDS:
All bids are subject to acceptance at the sole discretion of Towsonline Auction. The highest accepted bid at the close of online bidding constitutes a legally binding contract between the seller and the successful bidder. The successful bidder assumes full responsibility and risk of loss for purchased items upon auction close. Any person bidding on behalf of a corporation or other entity agrees to be personally liable for payment and fulfillment of all Buyer obligations. Towsonline Auction is not responsible for bidding errors. Bidders are responsible for placing bids on the correct lot and for the bid amount entered. All bids are final once the auction closes, and the Buyer is obligated to complete payment even in the event of a mistake.
4. FOLLOWING THE SALE
A. INVOICE: The bidder acknowledges that the invoice describing a lot by number incorporates the catalog and Terms of Sale. Your invoice will be sent out with payment info at the conclusion of the auction.
B. BUYERS PREMIUM: A 24% buyer’s premium will be added to your total purchase.
C. TAX: All purchases are subject to 6% Maryland sales tax, unless: 1) a valid resale certificate is provided at registration for qualifying resale purchases ($200 or more), or 2) the item is shipped to an address outside the State of Maryland. Buyers are responsible for any applicable taxes in the state where the property is delivered. Towsonline Auction does not collect or remit taxes for states outside Maryland. Please note: LiveAuctioneers.com and AuctionZip.com may collect sales tax directly through their platforms. Any tax exemption requests must be submitted to those platforms directly.
D. PAYMENT:
Towsonline Auction accepts certified checks, Visa, Mastercard, Discover, American Express, Paypal, and Zelle Transfer as payment. All credit card charges are final and may not be disputed. Disputing credit card charges will put buyers in violation of this agreement and will subject them to legal fees, punitive damages, etc. Credit card payments are limited to a total invoice amount of $10,000. Wire or Zelle transfers are encouraged and can be arranged through our accounting department. No personal checks will be accepted without prior approval. On any cash transactions or series of transactions exceeding $10,000, Treasury Form 8300 will be filed. All property must be paid within one week following the close of the auction.
Automatic Payment: The credit card on file for the auction will be automatically charged for your invoice total after the auction, unless you have contacted Towsonline Auction in advance to arrange an alternative payment method.
E. REMOVAL/ SHIPPING
Property will not be released until full payment is received. Items not removed within 14 days after the auction may be moved to storage and charged $10 per lot, per day. Towsonline Auction is not responsible for loss or damage to items left beyond 14 days. Items not picked up or shipped within two (2) months after the auction, with no removal arrangements or communication from the buyer, will be considered abandoned property and may be disposed of, donated, or resold at Towsonline Auction’s discretion, without compensation to the buyer.
Option 1. Local Pickup BY APPOINTMENT:
Free local pickup is available at our office (9475 Deereco Rd. Suite B200, Timonium, MD 21093). Appointment MUST BE made 48 hours in advance for picking up. Please contact us via text/phone ( 443-862-1038), or Email (info@towsonlineauction.com) for appointment.
Option 2. In-house Packing/Shipping:
Towsonline Auction offers in-house packing and shipping at reasonable rates for most items shipped to U.S. addresses via USPS or UPS. An updated invoice including estimated handling, shipping, and insurance charges will be sent to the buyer. Insurance is required for all shipments. Items will be shipped within three business days after the shipping fee is received. Tracking information will be provided once the package is shipped. International buyers are advised to arrange shipping through a third-party provider, as we do not offer international shipping services directly.
Option 3. Arrange Your Own Shipping:
If bidders prefer to use shipping providers other than Towsonline Auction, or if we are unable to pack and ship items due to size or destination, please contact us at shipping@towsonlineauction.com or call/text (443) 862-1038 for a list of local shipping providers. Buyers are free to use any shipping company, not limited to those we recommend. Please note: an Authorized Release Form must be submitted online to Towsonline Auction before any purchased items can be released to a buyer’s designated shipper. The form is available here: https://towsonlineauction.com/release-forms/.
Option 4. Use Bidder’s Own Shipping Label:
If bidders prefer to use their own shipping labels, please contact us at shipping@towsonlineauction.com to request package size and weight details. A packing fee of $15 (or more for large or oversized items) will be charged by Towsonline Auction. We strongly recommend purchasing shipping insurance, as Towsonline Auction is not responsible for lost or damaged packages when using third-party labels.
Notice: International buyers should be aware that certain countries do not allow the importation of items containing materials made from endangered species. This includes, but is not limited to, coral and tortoise shell. It is the buyer’s responsibility to check the relevant import and custom regulations prior to bidding, and to pay any related Customs fee or tax.
ONCE ITEMS ARE RELEASED, EITHER TO WINNING BIDDER OR TO A THIRD PARTY, SUCH AS A MOVING/SHIPPING COMPANY, TOWSONLINE AUCTION DOES NOT ASSUME ANY LIABILITY AND WILL NOT BE HOLD RESPONSIBLE FOR DAMAGES, LOSS AND/OR MISSING PARTS.
F. REMEDIES FOR BREACH.
If a winning bidder fails to comply with these Terms and Conditions of Sale, Towsonline Auction, in addition to all remedies available by law, may cancel the sale and retain all payments as liquidated damages, or resell the property without reserve. The defaulting bidder shall be responsible for any deficiency, commissions, handling charges, expenses of both sales, and any incidental damages. Towsonline Auction reserves the right to file a Non-Paying Bidder Alert with online auction platforms for unpaid purchases. Past due accounts may be subject to a carrying charge of 1.5% per month. Buyers agree to pay reasonable attorneys’ fees and costs incurred in the collection of unpaid balances.
5. LIMITATION OF WARRANTIES.
All lots are sold “AS IS, WHERE IS, ” with no guarantees or warranties of any kind, express or implied. Neither the seller nor Towsonline Auction, nor its officers, employees, or agents, makes any representation or warranty regarding description, authenticity, provenance, age, condition, size, quality, attribution, or value.All descriptions and condition statements are provided as opinions only and may contain errors or omissions. Buyers are responsible for inspecting lots and determining condition and authenticity prior to bidding. By bidding, the purchaser assumes all risks related to the lot.
6. MISCELLANEOUS.
A. GOVERNING LAW. These Terms and Conditions of Sale, as well as the respective rights and obligations of Towsonline Auction, the seller, and any purchasers or bidder at any sale of Towsonline Auction, shall be governed by and construed and enforced in accordance with the laws of the State of Maryland.
B. LIMITATION OF LIABILITY. In no event shall the liability of seller or Towsonline Auction, its officers, employees and agents, to a winning bidder for any breach, act, omission, or claim of any nature, with respect to an item purchased, exceed the purchase price actually paid by the winning bidder for the item. In no event shall the seller or Towsonline Auction, its officers, employees and agents, have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of winning bidders or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the property purchased, or its purchase, sale, delivery or non-delivery. In no event shall seller or Towsonline Auction, its officers, employees and agents, be liable for any claims related to the errors, acts, omissions, websites, or technology of Hibid online bidding software, known as Auction Flex.
C. JURISDICTION. By bidding at an auction, whether present in person or by agent, absentee bid, telephone bid, online internet bid, or other means, the winning bidder shall be deemed to have consented to the exclusive jurisdiction for the resolution of any disputes of the state courts in Baltimore County, Maryland.
D. LEGAL FEES. In any litigation between Towsonline Auction and any bidders (whether or not the winning bidder) the prevailing party shall be awarded full reimbursement of its actual paid legal fees in connection with the dispute.
E. SEVERABILITY. If any provision or portion thereof of the Terms and Conditions of Sale shall be void, unlawful or unenforceable under applicable law, that provision or portion thereof shall be deemed deleted and severed from the remaining provisions, and shall not affect the enforceability or validity of any of the remaining provisions.
F. NO ASSIGNMENT. Unless Towsonline Auction consents in writing, a winning bidder may not assign its rights or any of its obligations relating to an auction or other sale by Towsonline Auction. Any assignment without Towsonline Auction’s written consent will be void.
G. NO WAIVER. These Terms and Conditions of Sale may not be waived by Towsonline Auction unless such waiver is in writing and signed by Towsonline Auction. A waiver on one occasion shall not be a waiver on any other or future occasion or affect Towsonline Auction’s right to insist on strict performance of all other provisions.