Use of this auction site marks your full and final acceptance of all Terms & Conditions listed by either AWD, LLC. (Elizabeth Biles, Texas Auctioneer License #17328) (“Company”) or the United States Marshals Service. Please be aware our terms & conditions are subject to change. Finalized terms & conditions will be issued the day of the live auction in the form of a flyer, or will be posted in the “View Full Auction Information” link for online auctions.
This Agreement is a legally binding instrument between you and Company, and describes your responsibilities in connection with your use of this website and, among other things, limits the liability of Company. Before using any of this website, please read all of this Agreement carefully. By accessing or using this website, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, you must not access or use this website.
Registration: To bid you must register at every auction. There is no deposit required to enter or place a bid. Registration is conducted throughout the auction. If you only intend on spectating, and do not wish to bid you still need to register. For LIVE auctions: to register you will need a photo I.D. The registered bidder is only allowed two companions (no one under the age of 15 is allowed in the auction area). Registration prior to the day of the preview is not offered, but will be available the day of the preview as well as the day of the auction. For ONLINE auctions: Upon registration, you may need to input your credit card information (not retained) but will only be used to verify your identity. Your credit card will be charged $1.00.
Payment: For LIVE auctions: Purchases must be paid in full via cash (U.S. Currency), or cashier’s check (payable to AWD, LLC.), For ONLINE auctions: You will have 48 hours (unless the auction closes on a Friday, the 48 hours limit begins Monday morning) to complete a wire transfer or cashier’s check made payable to AWD, LLC., 601 W. Ford Valley Road, Knoxville, Tennessee 37920 Attn: Jason Kidd via FedEx w/ tracking number sent to email@example.com. You may choose to do a wire transfer. The account info will be given via email. No credit/debit cards will be accepted. At the close of the sale, the high bid amounts will be forwarded to the USMS for approval. Once we receive approval to sell (usually within several hours) you will receive an email notification that your bid has been approved/ disapproved. At that time your 48 hour window for us to receive your payment starts. Auctioneer has final approval of acceptance. If you intend on paying with cashier’s checks and do not have a bank in close proximity to the auction location: bring several in different increments, and Company will write you a check for the difference. We do not collect sales tax on vehicles sold. We do collect sales tax on surplus sold. Vehicles & Surplus not paid for within 2 hours of the close of a live sale & 48 hours after an online sale may be resold without notice. If a buyer does not pay, backs out, submits a check containing insufficient funds, or issues a “stop payment” that buyer will be banned from all future Company auctions and his/ her information will be submitted to the Department of Justice. The Buyer agrees that any item successfully bid upon will be paid for by the Buyer immediately following the conclusion of the auction (or within 48 for online auctions) and before departing the auction premises by delivery of cash or a check drawn on an account containing sufficient immediately available funds. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no “stop payment” order shall be issued or honored. The Buyer further agrees that a stop payment order or a check returned marked “insufficient funds” shall be considered prima-facie evidence of intent on the part of the buyer to defraud the Auctioneer at the time of delivery of the check.
Removal of Vehicles/Surplus: For LIVE auctions: all vehicles/surplus must be removed from the auction area after payment and title work is processed. If arrangements are made with a car carrier service to pick up the items at a later date, those arrangements need to be discussed with a Company representative. Vehicles that are left after the day of the auction and no arrangements have been made for them to stay will be booked into storage and charged commercial storage rates. For ONLINE auctions: You will have 7 days after the closing of the auction to pick up your vehicle(s). If arrangements have not been made and the vehicle remains after the 7 day allowance a $25/day fee will be charged and must be collected by the onsite facility manager prior to release.
1. These vehicles will be auctioned AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION. DESCRIPTIONS OF VEHICLES, EITHER WRITTEN OR ORAL, ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely.
2. This auction is conducted with reserve. The United States Marshals Service reserves the right to approve the final transfer of property the successful bidder, even after the auctioneer states “sold”. Company does not/ will not disclose the reserve amount. In addition, the United States Marshals Service retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion.
3. Company and the US Marshals Service reserves the right to add/ delete vehicles to/ from the auction at any time.
4. Practices that eliminate competition, such as collusive bidding may warrant criminal, civil, or administrative action against the participant and may be referred to the Department of Justice.
5. High bidder will sign a Form USM-621 Personal Property Sales Certification stating that he or she does not know the listed defendant, is not a government employee, and is not affiliated with Company. High bidder will sign a Buyer’s Guide acknowledging they are purchasing each vehicle “As-Is, Where Is” meaning there is no warranty, and the dealer assumes no responsibility for any repairs made by the buyer. High bidder will sign the Terms & Conditions Acceptance Form acknowledging they fully understand all terms & conditions and agree to abide.
6. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer’s number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute.
7. All persons attending preparation, preview inspection, sale or removal of merchandise assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer formal liability therefore. The Auctioneer shall not be liable by reason of any defect in or condition of the merchandiser premises on which the sale is held.
8. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorney’s fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party.
All auction photos, videos, emails, documents pertaining to the sale, staff and attending witnesses can and will be used against you in the court of law.