Luxury Motor Coach, Classic Cars, Tractors, Implements, Argo, ATV, Tools & More!

THIS IS AN ONLINE EQUIPMENT AUCTION!
Terms and Conditions of Sale

For any questions regarding this auction, please email us at customerservice@catesauction.com.

These are the Terms and Conditions of Sale for this online equipment auction.  They consist of this introduction and twenty-six (26) numbered paragraphs that outline the relationship between you (“the Bidder”) and Cates Auction & Realty Co., Inc. (“the Auctioneer”).  Throughout these Terms and Conditions, the terms “auctioneer,” “we,” “us,” and “our” will refer to the Auctioneer, and the terms “you” and “your” will refer to the Bidder.

If you want to bid in this online auction, you will first have to read these Terms and Conditions.  And by placing a bid, you agree that you have read the Terms and Conditions and understand the terms are binding on both you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.  If guns are offered for sale in the auction, please note that per Federal regulation you must be over the age of 18 to bid on guns. Your paid sales receipt and a valid State issued photo ID verifying your age will be required for pick up

Please read these Terms and Conditions carefully!  They contain important information about the online auction itself and your rights and responsibilities as a bidder.

1. Registration:  To register to bid in this online auction, you will need to create a username, password and enter a valid working Visa, Mastercard or Discover card issued in your name for validation.  You also must be at least eighteen years of age to register to bid.  You agree that all information that you provide during the registration process will be true and accurate.  You will be banned from participation in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process.

2. Bidder’s Duty to Update Information:  Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.  

3. Conduct of Sale:  All bids, and credits in this sale will be made in United States Dollars.  You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale.  You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.

4. Inspection prior to bidding
Listings include written descriptions and photographs. Equipment descriptions are based on our direct observation and information provided by our seller. All information is intended to be as accurate as possible. However, we recommend bidders inspect prior to bidding. Listings are not intended to be substitutions for inspection. The details provided may differ on equipment based on information provided by the seller. An error or omission in the listing will not change the results of the bid. It is the responsibility of the bidder to conduct any inspection and examination necessary to satisfy him of all material facts before placing a bid. Some of the limitations of listings include:

• Mileage and hours in listings are representations of what is on the meter. The Auctioneer does not verify authenticity of mileage/hours nor do we verify the operational condition of the odometer/hours meter.

• Operating weights, capacities, etc. appearing in some listings are manufacturers specs and  may vary due to additional features and options.

• Accessories (interior, exterior, ancillary) may be listed in the description, however, the Auctioneer does not verify for operational condition such as air conditioning, heat, audio equipment, lighting, power seats, etc.

• Interior/exterior damage, such as dents, cracks, scratches, rust, stains, and tears may not be included in the descriptions, however, may exist.

5. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES.   NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE.  THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER WARRANTY.  IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS BUT `ARE NOT GUARANTEED.

6. When You Have Been Outbid:  If you are outbid during the course of this auction, you will be notified by email, if you have chosen this option when you registered.  You can see if you are high bidder at any time using the “Favorites” feature; items which you have put on the Watch List will show the bidder name of the high bidder.

7. Reporting Bidding Errors:  You should carefully review every bid you choose to make before submitting that bid.  The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error.  If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by email at info@catesauction.com.  Reports of bidding errors must be made via e-mail; phone reports will not be accommodated.

8. Timeliness of Bidding Error Reports:  If you make a bidding error during this auction, you must identify and report the error before the auction begins to close.  The Auctioneer will not undo bidding errors reported after the auction has begun to close.

9. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account.  If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@catesauction.com.  You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report.  You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

10. Changes in Circumstance:  All aspects of this auction are subject to change without notice.  The Auctioneer reserves the right to, at any time:  (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests.  In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.

11. Closing:  The Auctioneer’s online auctions are designed to mimic traditional “live” actions.  For this reason, this auction will have a staggered, dynamic closing.

Staggered Closing:  This online auction will automatically begin to close at a rate of 3 items per minute, every minute.  Items’ closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer’s dynamic closing feature.

Dynamic Closing:  The closing time of an item is automatically extended an additional 2 minutes whenever a bid is placed within the 2 minutes leading up to an item’s scheduled closing time.

12. Winning Bids:  If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid.

Notification:  If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won.  This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won.  If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid.

Bid Inquiries:  If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to customerservice@catesauction.com explaining your situation by 9:00am on the day after of the auction has closed.  You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.

13. Buyer’s Premium:  A 13% buyer’s premium is added to all winning bids, resulting in the total purchase price. For example, if the winning bid is $100.00 the total purchase price including the 13% buyer’s premium would be $113.00.

14. Payment:  At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases up to $3,000.  For this reason, it is imperative that you provide the Auctioneer with a credit card that has sufficient credit available to pay for your purchases up to $3,000 at the moment the auction closes!

Suspension:  You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases up to $3,000, the Auctioneer will suspend your online bidding privileges indefinitely.
Chargebacks Prohibited: You agree that you will accept the credit charges for your purchases up to $3000 placed on the credit card associated with your account, and you agree that you will not charge back any portion of this amount. You also agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 16-17 of these Terms and Conditions.

PAYMENT DEADLINE: Thursday, Oct 31, 2024

Forms of payment accepted for purchases over $3,000:

·         Wire Transfers for amounts over $3000 will be accepted. The Payment Deadline for receipt of wire transfers is by 4:00 pm on Thursday, Oct 31, 2024. (View wire instructions)

·         Cashier’s Check for amounts over $3,000 will be accepted. The Payment Deadline for receipt of cashier’s checks is by 4:00pm Thursday, Oct 31, 2024 at the office of Cates Auction, 1440 Iron St., North Kansas City, MO 64116.  Please note: no payments will be accepted at the pickup/removal location.

15.  Titled Assets/Transfer of Ownership
Titled assets are checked for transferability prior to appearing on our website. Titled assets will have a government issued title or documentation necessary for transfer of ownership. Titled assets with "Salvage", "Non-Highway" or other brands are typically included in the description, however it is the responsibility of the bidder to investigate title and registration history prior to bidding. The Auctioneer is not responsible for undisclosed title brands, back registration fees or whether or not a vehicle will pass inspection. If available, mileage is listed as "miles on odometer" when pictures are taken and may not be actual mileage.

Certificates of title will be assigned and mailed out within 10 business days following verification of payment unless otherwise noted in the description. The Auctioneer reserves the right to hold titles for an extended period of time when payments are made by check until confirmation of funds availability. Titles must be assigned to either an individual or company and the Auctioneer will not distribute titles with open assignments. If no communication verifying title assignment is received within 10 business days of payment the Auctioneer may assign and distribute certificates of title or ownership documentation as invoiced, following verification of asset removal.  The sale price used on title assignment is the total purchase price paid which includes the 10% buyer’s premium.

16. Default and Resale:  You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default which will result in an additional fee equal to 15% of the winning bid price (minimum $100). If you still refuse to pay for any item after being notified of your account’s being in default, the Auctioneer will declare the item abandoned. See Abandonment Policy below.

17. Pick Up/Removal of Your Items:  You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction.  Failure to remove an item from the auction site by the removal deadline listed below will result in the Auction declaring the item abandoned.  See Abandonment Policy below.  Unless stated otherwise the Auctioneer does not ship items, nor does the Auctioneer hold items beyond the published removal deadline.  

Bidder’s Duty to Remove Items Safely:  Again, you are solely responsible for the safe pick-up, removal, and transportation of your items.  You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk.  You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.

Release Upon Presentation of Receipt:  You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full.  You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location.  You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt.  No item will be released to any person unless that person presents a paid sales receipt listing the item in question.

Abandonment Policy:  You understand and agree that any item that you do not pay for in full by the stated payment deadline or pick up/remove from the auction site by the published removal deadline will be considered abandoned and the Auctioneer will have the right to immediately resell the item on the buyer’s behalf for an additional 20% fee of the original purchase price. You also further agree to pay any cost associated with the resale legal, collection, transportation and storage expenses and the deficiency between your original purchase price and the resale price.

Shipping: No shipping and handling is available for this auction.

18. Non-Delivery:  In the unusual event that an item has been totally misdescribed or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours.  You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored.  Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds.  Your claim must fully describe the nature of the problem that you have identified.

19. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Clay County, Missouri’s Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000.  In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party.  Venue in every case will be Clay County, Missouri.  You agree that any judgments awarded may be applied to and collected from you personally or corporately.  Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs.  Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.

20. Interim or Preliminary Relief:  Notwithstanding the contents of Paragraph 21 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.

21. Liability:  In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price.  The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction.  In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.

No Liability for the Acts of Third Parties:  The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.

No Liability for Site Malfunction:  You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning.  You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction.  You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.

22. Indemnification:  You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.

23. Limitations:  These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship.  These Terms and Conditions cannot be altered except in writing by the Auctioneer.

24. Severability:  If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.

25. Governing Law:  These Terms and Conditions will be governed by and construed under the laws of the State of Missouri.

26. Entire Agreement:  These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.