Updated October 27, 2023
This is a contract between you and August Auctions LLC, 14620 Manor Road, Phoenix, Maryland, 21131, collectively, “we,” “our” or “us“. You must read and agree to this Agreement before using this auction platform. If you do not agree to this Agreement, you may not participate in this auction or use this auction platform. You may participate in this auction and use this auction software only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations. Any use or access to the auction and auction platform by anyone under 18 is strictly prohibited and in violation of this Agreement. The auction and auction platform are not available to any Users we have previously removed or suspended from use and participation.
You must be a registered user to bid on items. By bidding, you are stating that you are ready and willing to purchase the items for your bid amount. If you are outbid, or your bid does not meet the reserve minimum price, you are under no obligation to purchase. But in all other cases, you are entering a contract to buy the items and to deliver payment within 48 hours of the acceptance of your bid. Your bids are final and non-retractable.
All persons who wish to bid in the auction or want to purchase material must first register by creating an account.
To register, you must provide all of the registration information requested, and sign this Agreement by typing your first and last name and checking the “I AGREE” box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. You must be 18 years of age or older and have a valid driver’s license. WE RESERVE THE RIGHT TO REFUSE TO REGISTER OR ADMIT ANY PERSON AT OUR SOLE DISCRETION.
Correspondence relating to purchases will be sent in accordance with the information on your registration.
2. FUNDS VERIFICATION
In order to participate in the auction and use the auction platform you must provide proof of funds either by submitting a credit card for a hold authorization for the max amount you wish to bid or by submitting a notarized letter from your bank stating the availability of funds for the max amount you wish to bid.
Once you are registered, and funds verification is approved, you will have an account on the bidding platform. Within your account, you can create your own bid lots by adding items to your bid “cart.” You can create and save multiple bid lots. Once you have the items you would like to purchase in your bid cart you can place a single dollar amount bid for the entirety of the bid lot. Submitted bids will be reviewed in order of submission. Bids will be reviewed to verify the availability of items in the bid lot. If no other bidder has placed a higher bid for the same material within the same 24-hour period, your bid will be accepted. If another bidder has placed a higher bid for the same material, we will notify you of the reason your bid was not accepted with specifics regarding which items in the bid lot are no longer available so that you may bid again and adjust your bid.
Each item has a reserve minimum price. The system will calculate the totality of the items in your bid lot with each item’s respective minimum. If this minimum is not met for the items you are bidding on, the system will not accept your bid for submission. You may continue to adjust your bid amount or bid lot until your bid is accepted by the system. WE RESERVE THE RIGHT TO MODIFY MINIMUM RESERVE PRICING AND STOCK AVAILABILITY AT ANY TIME FOR ANY REASON.
5. PRODUCT INSPECTION
ALL MATERIAL IS SOLD IN-GROUND AND AS-IS. It is your responsibility to inspect items before placing your bid. You may schedule an appointment to inspect all items before you bid and/or request photos of the items. We are available to answer any questions you may have regarding specific items and their conditions. YOU MUST MAKE AN APPOINTMENT TO INSPECT MATERIAL. NO PERSONS MAY ENTER THE NURSERY UNACCOMPANIED.
You may schedule an appointment to tag material either before or after you bid. If you tag material before you place a bid that material will be held for you unless another bidder purchases this material before your bid is accepted. If two or more bidders place a bid for the same material within a 24-hour period, the higher bid will be accepted and that bidder will have the first right to select their items – whether or not the items have been previously tagged.
Once your bid is accepted and your payment has been made in full, you will have the first right to select and tag items contained in your winning bid. If you have pre-tagged material and it is still available at the time your bid is accepted and paid, this material will be reserved for you. If you have not pre-tagged material or items you have pre-tagged are no longer available, you have five (5) days to select and tag your material. If you have not selected your material within these five (5) days we will tag and select the material for you.
The opportunity to select and tag material is provided as a courtesy. We will make every reasonable effort to accommodate each bidder and purchaser’s selection. WE EXPRESSLY RESERVE THE RIGHT TO SELECT MATERIAL TO FULFILL YOUR BID AT OUR SOLE DISCRETION. OUR DECISIONS ON MATERIAL SELECTION ARE FINAL.
YOU MUST MAKE AN APPOINTMENT TO TAG MATERIAL. NO PERSONS MAY ENTER THE NURSERY UNACCOMPANIED.
7. ACCEPTANCE OF BIDS
WE RESERVE THE RIGHT TO ACCEPT OR REJECT ANY BID AT OUR SOLE DISCRETION. You will be notified by email when your bid is either accepted or rejected. We are not responsible for errors and/or omissions of email communications due to incorrectly provided email addresses and technical issues. Disposition of all bids are available at all times on the “Placed Bids” tab under “My Account” in the bidding platform. Bids will be marked In Review, Won, or Lost.
8. FEES AND PAYMENT
Registration Fees. There are no fees or costs associated with signing up for or maintaining a User Account. All information that you provide in connection with this process must be accurate, complete, and current.
Transaction Fees. Each transaction, both payment by credit card, ACH, wire, cash, or check, will be assessed a transaction fee of $50 for orders under $5,000 and a transaction fee of $100 for orders over $5,000.
Payment Due. All payments are required to clear within 48 hours of the acceptance of your accepted bid.
Payment by Credit Card. If you have verified your max bid eligibility with a credit card, this credit card will be billed when your bid is accepted.
Payment by ACH, Wire, or Certified Bank Check. If you have verified your max bid eligibility with a bank letter, you have 48 hours to remit payment.
We will exercise reasonable care to ensure that all stock is true to name and will replace or refund the cost of any stock that proves otherwise. NO OTHER GUARANTEES OR WARRANTIES ARE EITHER EXPRESSED OR IMPLIED.
10. HARVESTING AND SHIPPING
You are responsible for all costs and arrangements for harvesting, including digging, loading, and transport. ALL SCHEDULING AND COORDINATION OF HARVESTING AND SHIPPING MUST BE COMMUNICATED AND ARRANGED THROUGH JP CHESAPEAKE LLC – whether or not you choose to use JP Chesapeake for harvesting, choose to hire a third-party contractor for harvesting, or choose to harvest the material yourself. View JP Chesapeake Estimated Harvesting Costs
We care about the privacy of our Users. You understand that by using this auction platform we will collect, use, and disclose your personal information and aggregate and/or anonymized data as set forth in our Privacy Statement available at privacy statement.
12 . BREACH OF CONTRACT
If this Agreement, or any terms and conditions announced by August Auctions LLC, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, August Auctions LLC may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. August Auctions LLC’s commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL AUGUST AUCTIONS LLC BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. AUGUST AUCTIONS LLC’S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO AUGUST AUCTIONS LLC, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
16. APPLICABLE LAW
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Maryland, Baltimore County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Maryland. In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Baltimore County, State of Maryland, or the United States District Court, located in the State of Maryland.
For any questions regarding this Agreement please contact firstname.lastname@example.org.