Terms and Conditions
The Port City Auction policies are rules and guidelines that help to create a safe, fair and enjoyable trading environment for all Port City Auction participants. As a buyer, you agree to accept responsibility for reviewing and understanding all applicable laws and regulations as set forth in the Terms and Conditions.
PORT CITY AUCTION - TERMS AND CONDITIONS
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Use License:
Permission is granted to temporarily download one copy of the materials (information or software) on Port City Auction's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials:
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Port City Auction's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Port City Auction at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You may not bid on an item on this Site if you are not able to form legally binding contract, are under the age of 18, are temporarily or indefinitely suspended from our Site. You also must be a person(s), business or government entity with an e-mail address that can enter into legally binding contracts under applicable law. You also agree you will NOT Bid with no serious intention of buying and NOT commit to purchasing an item by winning the item, without the intention of paying for it, in full.
Disclaimer:
The materials on Port City Auction’s web site are provided "as is". Port City Auction makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Port City Auction does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations:
In no event shall Port City Auction or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on port City Auction’s Internet site, even if Port City Auction or a Port City Auction authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Liability:
The measure of Port City Auction’s liability, in any case where liability of Port City Auction to the Buyer has been established, shall not exceed refund of the portion of the purchase price as Port City Auction may have received.
Links:
Port City Auction has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Port City Auction of the site. Use of any such linked web site is at the user’s own risk.
Revisons and Errata:
The materials appearing on Port City Auction’s web site could include technical, typographical, or photographic errors. Port City Auction does not warrant that any of the materials on its web site are accurate, complete, or current. Port City Auction may make changes to the materials contained on its web site at any time without notice. Port City Auction does not, however, make any commitment to update the materials.
Shill Bidding. Capping, Steering, Buy Backs:
Buyer warrants that he/she is not a full-time, part-time, or temporary employee of Port City Auction; a seller and/or consignor of merchandise to Port City Auction; a member of such a seller and/or consignor's immediate family; or any person acting on the seller and/or consignor's behalf. Shill bidding happens when anyone - including family, friends, roommates, employees, or online connections - bids on an item with the intent to artificially increase its price or desirability. In addition, sellers cannot bid on or buy items in order to "ensure ones investment". Shill bidders risk having their accounts banned and/or reported to authorities for fraud. Shill bidding shall be determined solely by Port City Auction. Any account determined to be a shill will be banned and reported. Port City Auction has a ZERO TOLERANCE POLICY against shill bidding and uses IP Address Tracking to ensure this.
Port City Auction Employee Bidding:
Any Port City Auction full-time, part-time, or temporary employee placing any bids will have the bidders name preceded with PCA-NAME in front. Such as PCA-SALLY, PCA-SCOTT, etc so that other current or potential bidders are fully aware that a Port City Auction employee is placing a bid on an item.
Items and Descriptions:
The list of material offered for sale and its description has been compiled from available data, but there is no guarantee or warranty on the part of Port City Auction relative to quantity, kind, character, description, condition, and/or suitability for use for which it may be desired by the buyer, or in any other respect whatsoever.
All items are sold in untested “as is” and “where is” condition and must be removed at Purchaser’s risk and expense. No refunds of any kind will be given. All Sales Are Final!
Pick-up Of All Property; Assistance; Shipping:
Successful bidders must make arrangements to pick up items at the location noted on the Item Details web page. Most items will be found at Port City Auction, 4345 Airline Rd, Suite D, Norton Shores, MI 49444-4206. Winning bidders will be provided with exact pick-up location information on the Item Details web page. Buyer is responsible to bring any needed boxes, packing materials, and/or lifting help. Absolutely no help/assistance will be made by Port City Auction staff during the removal of property. Certain items may also have the ability to be shipped (at additional cost to the buyer) via a third party carrier, such as USPS, or UPS.
Successful bidders must make arrangements to pick up items at the location noted on the Item Details web page. Most items will be found at Port City Auction, 4345 Airline Rd, Suite D, Norton Shores, MI 49444-4206. Winning bidders will be provided with exact pick-up location information on the Item Details web page. Buyer is responsible to bring any needed boxes, packing materials, and/or lifting help. Absolutely no help/assistance will be made by Port City Auction staff during the removal of property. Certain items may also have the ability to be shipped (at additional cost to the buyer) via a third party carrier, such as USPS, or UPS.
Business Hours; Contact:
Normal business hours are currently by appointment only. Please call 616-666-6243 for any questions or comments. Sales that close after business hours will be responded to on the following business day. On-Site auctions will have the pick-up times posted in the auction listing and/or in the Site News section.
Normal business hours are currently by appointment only. Please call 616-666-6243 for any questions or comments. Sales that close after business hours will be responded to on the following business day. On-Site auctions will have the pick-up times posted in the auction listing and/or in the Site News section.
FEES & PAYMENTS
Buyers Premium Fees- NON-TITLED ITEMS:
Unless otherwise specified in the auction listing, a 10% Buyers Premium Fee will be added to the final bid amount for all Non-Titled Port City Auction purchases.
Storage Premium Fees - ALL ITEMS:
A 4% Storage Fee compounded daily (7-days a week), at 5:00p.m. Eastern Standard Time will be added PER ITEM not picked up within the specified time frame in the original auction listing.
Titled Vehicle Item Fees:
A $150.00 Administrative Buyers Paperwork Fee will be added to the final bid amount for all State of Michigan Titled Vehicle purchase/transactions.
Brokers Fee For Real Estate Transactions:
A $1,000.00 Brokers Paperwork Fee will be added to the final bid amount for all Brokered Real Estate Port City Auction purchases/transactions.
Acceptable Payment Methods:
Payment for property purchased from Port City Auction must be made either in person or online in the form of MasterCard, VISA, AmericanExpress, Discover, PayPal, Serve, or U.S. cash currency. CHECKS, TRAVELLER'S CHECKS AND/OR MONEY ORDERS ARE NOT ACCEPTED. All buyers pay the same price regardless of payment method chosen - there is no surcharge for the use of credit or debit cards.
Michigan Sales / Use Tax:
All items for sale by Port City Auction are subject to all applicable Michigan Sales/Use Tax in accordance with Michigan Sales Tax Act #167, P. A. 1933, as amended.
Tax Exempt Customers:
You are required to submit a Michigan Sales and Use Tax Certificate of Exemption Form 3372 for each purchase. Please be sure that you have a valid and completed copy of Form 3372 with the name that you registered under and your Port City Auction Bidder/Username on file at the Port City Auction office. A copy of your sales tax license will not be accepted. If we do not receive a signed copy of the form upon our request, you will not be considered Tax Exempt for any purchase.
You are required to submit a Michigan Sales and Use Tax Certificate of Exemption Form 3372 for each purchase. Please be sure that you have a valid and completed copy of Form 3372 with the name that you registered under and your Port City Auction Bidder/Username on file at the Port City Auction office. A copy of your sales tax license will not be accepted. If we do not receive a signed copy of the form upon our request, you will not be considered Tax Exempt for any purchase.
Sanctions:
Bidders may be barred from participation in Port City Auction sales for any of the following:
- a) Failure to observe the terms and conditions of sale and/or website.
- b) Payment for purchases with any payment method, which is dishonored by a payer bank, depository bank, intermediary bank, collecting bank, presenting bank, or remitting bank as dishonered, insufficient, stolen, or counterfeit.
- c) Failure to claim all purchases during the time period specified.
- d) Shilling, capping, or steering relative to an auction.
- e) Attempting to consign stolen goods.
- f) Theft.
Buyers Responsibility; Forfeiture:
It is the buyer’s responsibility to remove the sale item(s) from its stated location, by the date and time for removal listed in the auction, or all rights to the said auction item(s) will be forfeited; and the item(s) will remain the property of Port City Auction and may be resold. Failure to follow through with any and all of the Terms and Conditions will result in a buyer’s account being closed with forfeiture of eligibility to bid on future items.
Item Withdrawal:
Port City Auction reserves the right to withdraw any item from auction or at its absolute discretion, to reject any and/or all bids considered, as not in its best interest.
Site Terms of Use Modifications:
Port City Auction may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Service and Privacy Policy.
Governing Law:
Any claim relating to Port City Auction’s web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.