2025 Auction Dates: 2/27 | 4/24 | 6/26 | 8/28 | 10/30 | 12/11
TERMS AND CONDITIONS
ONLINE BIDDING TERMS AND CONDITIONS
5% Buyers Premium
Bidder understands purchase price is subject to sales tax
IMPORTANT: These terms and conditions apply to all online bidding at auction sales conducted by Sexton Auctioneers, LLC. By registering to participate in a Sexton Auctioneers auction sale via online bidding, you expressly agree to these terms and conditions subject to Auctioneer’s right to modify said terms and conditions in the future.
To register, a credit card is required, and a $50 authorization will be processed to verify the card's validity. However, no charges will be applied unless your invoice remains unpaid past the auction payment deadline (two business days following the auction). Buyer authorizes Sexton Auctioneers to charge the credit card on file for unpaid invoices, storage fees, default premiums, damages, or any charges allowed by these terms.
AS-IS / INSPECTION / NO WARRANTY
All items are sold “AS IS, WHERE IS” with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Prospective bidders are strongly advised to personally examine any lots in which they are interested before the auction takes place.
Written and oral descriptions are our opinions and should in no way be construed as a factual representation or as a guarantee of any kind as to authenticity, age, condition, materials, or any other feature of items being sold.
Sexton Auctioneers attempts to catalog every lot correctly but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the conditions of aging.
By placing a bid, either in person, by phone, absentee, or via the Internet, you signify that you have examined the items as fully as you desire or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, we recommend you have an expert examine the lot or do not bid.
If your item(s) are damaged in shipping, you must contact the shipper to file a claim.
All Sales Are Final. No returns. No chargebacks.
Items are not functionally tested and no guarantees on condition or operability are made by Sexton Auctioneers. Everything is sold “As Is, Where Is.”
Sexton Auctioneers is not responsible for any statements about the item made by the Seller. Buyer acknowledges there is no suitability warranty and assumes all environmental, safety, DOT, EPA, and OSHA compliance responsibility.
Photos are for reference only. Attachments or accessories shown but not listed are not guaranteed to be included.
LOADING, UNLOADING, AND LIABILITY
Sexton Auctioneers offers loading assistance at 5182 US HWY 63 Pomona, Missouri as a courtesy service. Sexton Auctioneers shall not be held liable for any damages that may occur during the loading process.
Any damages incurred during loading are the sole responsibility of the buyer or transportation company.
Buyer is solely responsible for unloading items at destination.
Auctioneer acts solely as agent for the Seller and assumes no liability for the acts, omissions, or representations of the Seller.
Buyer agrees to indemnify and hold harmless Sexton Auctioneers and Seller from any claims, injuries, losses, or damages arising from purchase, use, transport, operation, loading, or unloading.
PICKUP, STORAGE & ABANDONMENT
Buyers have 10 business days after auction to remove items.
Beginning Day 11, a storage fee of $10 per day per item will be assessed.
Any item not removed within 30 calendar days will be deemed abandoned and may be resold without further notice.
No refunds or credits will be issued for abandoned items. Buyer remains responsible for all storage fees and any deficit between original purchase price and resale price.
Items remaining after the pickup deadline are at buyer’s sole risk. Sexton Auctioneers assumes no responsibility for theft, damage, deterioration, weather exposure, vandalism, or loss.
PAYMENT TERMS
Payment must be made by cash, wire, or check.
Checks must clear before items are released by Seller.
Cashier’s Checks accepted.
Cash accepted in office.
Personal checks must clear before release.
SHIPPING
Buyer must pick up items within 10 business days.
All shipping logistics and costs are the responsibility of the Buyer.
SOFT CLOSING
If a bid is placed within the last 3 minutes, the closing time for that item will extend 3 additional minutes. This repeats until no bids are placed within a 3-minute period.
NONPAYING BIDDERS / DEFAULT PREMIUM
If you fail to pay, outstanding invoices will be sent to collections or legal action.
A 15% default premium (minimum $100) will be charged 3 business days after the auction closes.
Sexton Auctioneers may charge the credit card on file for the full default premium.
Damages may include storage, removal, resale loss, or other costs.
Buyer agrees not to initiate credit card chargebacks.
DESCRIPTION DISCREPANCIES
You are bidding on the described item, not solely the picture.
Descriptions believed accurate but not guaranteed.
All sales are final.
TITLES
Titles will be mailed by certified mail within 14 business days of the item being paid for and picked up unless delayed.
BUYER’S PREMIUM
A 5% Buyer’s Premium applies to the selling price.
BIDDER RESPONSIBILITY
Bidders are responsible for all bidding activity.
Do not share your account.
All bids placed are binding and non-refundable.
Auctioneer’s records are final in all disputes.
If you are the winning bidder, you are the owner.
SHILL BIDDING PROHIBITED
Sexton Auctioneers does not allow sellers or representatives to bid on their own items.
Auctioneer may adjust the purchase price to the last good-faith bid.
SELLER INTEREST PROTECTION
Sexton Auctioneers holds the right to protect the seller’s interest at all times, including the right to reject any bid or withdraw any lot prior to completion of sale.
All sales are subject to final approval by the Seller and/or Auctioneer.
RIGHT TO CANCEL / VOID / REOPEN BIDS
Sexton Auctioneers reserves the right to:
Cancel any bid
Void any sale
Retract bids
Reopen bidding
Correct clerical or catalog errors
Resolve tie bids
Correct bidding or software malfunctions
Auctioneer may act at its sole discretion, without liability to Buyer.
NO WARRANTY (ORIGINAL EXTENDED CLAUSE)
All machinery, equipment, merchandise, and other items sold by auction are on an “as is/where is” basis without licenses or rights to software required for operation.
Neither Sexton Auctioneers nor the Seller makes any warranties or representations of any kind.
WARRANTIES OF FITNESS OR MERCHANTABILITY ARE EXPRESSLY DISCLAIMED.
REGISTRATION REQUIREMENTS
Buyers must register prior to bidding and represent they are over 18 and legally able to contract.
Sexton Auctioneers may refuse registration.
Auctioneer may share bidder nonpayment information with other parties.
INTERNET SERVICE FAILURE
Buyer acknowledges internet bidding may malfunction.
Auctioneer is not liable for missed or failed bids.
Auctioneer may extend, stop, restart, or cancel the auction as needed.
A sale is not final until certified and invoiced.
BUYER PICKUP OR SHIPPING RESPONSIBILITY
Buyer must pick up items or arrange shipping at Buyer’s expense.
Sexton Auctioneers will not deliver.
DISPUTE RESOLUTION
All disputes must be filed in the Circuit Court of Howell County, Missouri.
Parties waive rights to remove actions to Federal Court.
If Auctioneer prevails, Buyer must reimburse attorney fees and costs.
TRADEMARKS
“Sexton Auctioneers,” logos, and associated marks are property of the Company.
Unauthorized use prohibited.
PROHIBITED WEBSITE USES
Users may not violate laws, transmit unsolicited content, impersonate others, interfere with the website, scrape or crawl data, introduce malicious code, or attempt unauthorized access.
MONITORING, ENFORCEMENT & TERMINATION
Auctioneer may take legal action, suspend access, or cooperate with law enforcement.
Users waive claims resulting from investigative actions.
NON-DISPARAGEMENT
Buyer and Seller agree not to disparage Auctioneer, employees, or agents through verbal, written, or digital means including online reviews and social media.
Violations require reimbursement of Auctioneer’s attorney fees, costs, and damages.
Auctioneer may request removal of disparaging content.
