Terms and Conditions

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AUCTION TERMS AND CONDITIONS

The auction will be conducted by RTK Equipment, hereinafter referred to as "Auctioneer," on behalf of the owners/rightful sellers of the property, referred to as "Seller." The Auctioneer is not responsible for the acts or representations of the Seller. The auction shall be governed by the terms set forth herein (the agreement) and any additional terms and conditions that are posted concerning the specific property. This agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and Seller/Auctioneer. The term Bidder or Buyer shall include, but is not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. The Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties. The Auctioneer reserves the right to periodically change the terms and conditions of the agreement, which shall be effective immediately upon posting. It is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to bidding on property. The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement. All persons attending, inspecting, or removing property assume all risks of damage or loss to person and property and specifically release the Auctioneer and Seller from all liability. The Auctioneer is not liable by reason of any defect in or condition of the property or the premises on which the preview/sale is held. The Auctioneer is released from any claims to actual damage to the property sold and/or consequential damages that may result from the sale of defective property.


There is no warranty offered, expressed or implied, by the Auctioneer or Seller for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. All information provided is believed to be correct, but no warranty is either expressed or implied, including but not limited to merchantability or fitness for a particular purpose. The Bidder is solely responsible for determining the condition, age, authenticity, value, or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended. The Auctioneer reserves the right to add or withdraw any property from the auction and/or regroup items. The Auctioneer reserves the right to sell property absolute or with reserve, at the Seller's discretion. The Seller does have the right to make the final bid, and the Auctioneer does have the right to bid on behalf of the Seller. The Auctioneer reserves the right to reopen bidding as a result of a tie bid or discrepancies in the bid. The Buyer assumes full responsibility for any property on which they are the winning bidder at the time of purchase, along with all risks of loss and damage to the property after the Auctioneer says "sold" and concludes the bidding on that item.


Buyers have the right to and are encouraged to personally inspect any of the property/goods/auction items thoroughly PRIOR TO BIDDING OR BUYING. Auctioneer will make the property/goods/auction items available for inspection at a place and time to be determined by Auctioneer and announced on Auctioneer's website. Auctioneer will provide any information given to Auctioneer by a Consignor or Seller but does not guarantee or represent the validity of any information given.


Method of Payment

Wire transfer (with a $25 processing fee) payment. These payment methods constitute a Buyer's Premium assessed accordingly. Payment is required within 24 hours of sale end. All sales are final. No equipment will be released until full payment is made. To receive the benefit of any tax exemption, Buyer must supply Auctioneer with a sales tax exemption certificate (before auction ends) Where applicable, clear title will be provided in a timely manner, typically within 2 weeks of payment.


The Buyer assumes full responsibility for property/goods/auction items at the time of purchase and all risk of loss and damage to property. Property will not be removed from the sale premises until full settlement is made. Shipping as well as any and all methods of lifting, towing, and/or hauling are the Buyer's sole responsibility. Please ensure you contact RTK Equipment 24 hours before SCHEDULING pickup. All equipment left over 14 days will be resold and the proceeds will remain with RTK Equipment, unless otherwise discussed.


Consigned Equipment Disclaimer

All consigned equipment is sold "WHERE IS, AS IS," with all faults, and without any representations or warranties, express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, or condition. The seller and consignor make no guarantees as to the equipment's operating condition, accuracy, completeness, compliance with laws or regulations, or suitability for use. The buyer acknowledges that they have had the opportunity to inspect the equipment or have waived such inspection and accepts the equipment in its current condition. Upon transfer of possession, all risk of loss, damage, or liability associated with the equipment passes to the buyer. No allowances, adjustments, returns, or refunds will be made after the sale.


Where is, as is – title dislosure (Consigned Equipment)

All consigned equipment is sold WHERE IS, AS IS, with all faults, and without any representations or warranties, express or implied, regarding the existence, condition, transferability, or status of title. The seller and consignor make no guarantee that title is free and clear of liens, encumbrances, security interests, back taxes, penalties, or branding, including but not limited to salvage, rebuilt, flood, or export designations, unless expressly stated in writing.


The buyer acknowledges responsibility for:

  • Verifying title availability and accuracy
  • Determining registrability in their state or jurisdiction
  • Paying all taxes, fees, and costs associated with title transfer

Any title provided, if available, will be transferred only to the extent of the consignor's interest. No sale may be rescinded and no refund issued due to title issues discovered after the sale.