ONLINE AUCTION TERMS
Terms and Conditions for TMA ONLINE Auctions are posted on the front page of each auction that is in progress.
Please take the time to read them before bidding. Pay special attention to the Buyers' Premium, removal times, payment methods accepted, deadlines for payments, and the location of the auction items.
These may vary from auction to auction.
LIVE AUCTION TERMS**OnSite Locations & TMA Warehouse Auctions
To Bid at a live auction you must have a Valid Government issued I.D. and a $200 CASH deposit**no checks, credit or debit cards
are accepted for the DEPOSIT. American Express, Visa, Mastercard, & Discover (both debit & credit) ARE ACCEPTED FOR FINAL PAYMENT.
Terms and conditions are announced at the beginning of every auction and are available in writing on auction day.
Please note that anyone bidding at Travis Mitchell Auctions is expected to agree to the following terms and conditions of sale. If you do not understand any of these terms or conditions, please ask a staff member for clarification before registering.
NO EXCEPTIONS WILL BE MADE TO THESE TERMS AND CONDITIONS FOR ANY REASON.
14% BUYER'S PREMIUM ADDED TO ALL LOTS PURCHASED "CASH BUYERS" RECEIVE A 4% DISCOUNT
All buyers must have a bidder number and shall supply Travis Mitchell Auctions with a correct name, address, and telephone number. A current driver's license is required to verify information given.
All lots to be sold AS IS, WHERE IS. ALL SALES FINAL.
The highest bidder shall be the buyer at the hammer price and any dispute shall be settled at the Auctioneer's absolute discretion.
The Auctioneer has the right to refuse any bid and to advance the bidding as he may decide.
State & local Sales Tax will be paid on a) The Hammer Price, and b) The 14% Buyer's Premium.
All Purchases will be subject to Sales Tax unless the buyer provides Travis Mitchell Auctions with a valid Resale Certificate at the time of registration. Merchandise purchased with a Resale Permit from a state other than Texas, shall be sold outside of Texas. Sufficient Identification, i.e., a Business Card & Driver License is required.
The descriptions of the items appearing in the catalog and in any advertising prior to this sale are believed to be correct. Nevertheless, neither descriptions nor any oral statements made by owner or Auctioneer concerning any item shall be construed as a warranty - neither expressed nor implied. Buyer acknowledges that it is his/her responsibility to inspect the equipment and to make his own inquiries and judgement prior to bidding.
All lots are to be paid for in full by cash, cashier's check, approved check with Bank Letter of Guarantee, Visa, MasterCard, Discover, American Express at the close of the auction. There will be a $35.00 handling fee charged each time a check is returned from the bank for any reason. Wire transfers are accepted but will incur a $30 charge.
NO LOT MAY BE TAKEN FROM Travis Mitchell Auctions UNTIL THE AUCTION HAS ENDED, AND CHECKED OUT BY AUCTION STAFF.
ALL LOTS MUST BE REMOVED AT THE BUYER'S EXPENSE BY THE POSTED DATE & TIME ANNOUNCED ON SALE DAY. NO EXCEPTIONS!!!
A $100 PER DAY LATE FEE WILL BE CHARGED IF AUCTION IS HELD ON TMA PROPERTY.
FAILURE TO PICK-UP BY THE DEADLINE FROM AN ONSITE AUCTION MAY RESULT IN LATE FEES OR FORFEITURE OF AUCTION ITEMS WITH NO REFUND.
ANY BIDDER WHO DOES NOT PAY OUT OR PICK-UP MERCHANDISE WILL BE RESPONSIBLE FOR ANY AND ALL COSTS ASSOCIATED WITH THE REMOVAL AND RESALE OF THOSE ITEMS INCLUDING BUT NOT LIMITED TO HAULING COSTS, HANDLING FEES, SALES COMMISSIONS AND LEGAL FEES. TMA WILL TAKE LEGAL ACTION IF NECESSARY TO COLLECT ANY AMOUNTS OWED.
The property in a lot shall not pass to the buyer until the purchase price has been paid in full, and the auction is over, but, the lot shall be at the buyer's risk in all respects from the fall of the hammer.
Any representation or statement by Travis Mitchell Auctions as to attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price is a statement of opinion only. Neither Travis Mitchell Auctions nor its staff are responsible for the correctness of such opinions. Every person interested should exercise and rely on their own judgment as to such matters.
Any dispute or controversy regarding this sale agreement will be heard in the venue of Dallas County, Texas and shall be decided by the laws of the State of Texas.
Equipment and other items sold may be hazardous or contain hazardous materials. Neither Travis Mitchell Auctions nor the auctioneer shall be responsible for any accident or injury that may be caused by such hazards or hazardous materials.
Before being assigned a bidder number when registering, you will be required to sign your agreement to this statement on the front sheet by which you agree to the above terms and conditions.
YOU HAVE EQUIPMENT TO SELL?
TMA BUYS EQUIPMENT
If you have equipment to sell outright please call our office at 972-276-3500 to set an appointment. We will come inspect the equipment and make a cash offer.
ONSITE & ONLINE AUCTION SERVICES
If you have a restaurant or other facility that you would like to liquidate please call our office at 972-276-3500 to set an appointment. Travis will visit your location and give you an estimated auction value of your equipment and discuss commission rates and venue options for the sale of your equipment.
TMA Consignor Information—For Auctions at the TMA Warehouse in Garland
Check the Auction Calendar for dates and times to bring equipment for consignment. Please call ahead to let us know you are coming.
Commission for selling equipment is 30% of the actual sale price for items brought to our warehouse.
Commission is 40% if we pick your equipment up. **Pick up service is dependent upon the quantity, quality, and location of the equipment** Call our office at
972-276-3500 if you would like to discuss the possibility of a pick-up.
TMA will provide make ready services and in some cases minor repairs at a reasonable cost to the Seller at our discretion to maximize the profitability of sale.
TMA, its employees, agents or assigns make no guarantees as to the actual sale price, present or future value of any goods being consigned.
***Reserves are EXTREMELY rare and can only be authorized by Travis Mitchell. If you have a piece of equipment that you feel warrants special consideration it is your responsibility to discuss the matter with Travis prior to auction day.
Call ahead to schedule delivery of equipment to TMA facility.
Covenant and agree he has good title and the right to sell the goods being consigned and that the said goods are free and clear of all liens and encumbrances.
Not sell, dispose of or otherwise withdraw goods from consignment.
Not interfere, prevent or prohibit TMA in any manner, prior to or during the auction from carrying out the duties and obligations of this agreement.
Be responsible for all record keeping, reporting, and payment of any property taxes associated with consigned goods that may be levied by any and all taxing authorities.
Be responsible for obtaining a copy of written inventory as provided by TMA at the time of acceptance of consigned goods.
Have no claim to the buyers’ premium which TMA collects.
Receive 100% of the actual sale price of goods less the applicable commission and expenses.
Pay TMA for any goods purchased at auction within auction terms regardless of the expectation of future payments from TMA for sales of consigned goods.
Provide professional Auctioneers, ringmen, clerks, and support staff.
Prepare and sell said goods using professional skill, knowledge, and experience in conducting the sale to the benefit of both parties.
Provide all materials necessary to conduct the auction.
Pay the cost of all advertising both public and private.
Collect, report, and remit all applicable sales tax according to the laws of the state of Texas.
Deposit all funds due to Seller in an escrow account as required by the laws of the state of Texas.
Accept the highest bid at auction, or the best offer otherwise made.
Bear the burden of loss resulting from bidder default.
Receive 100% of the buyers’ premium.
Receive full commission on any item withdrawn from consignment or purchased at auction by the seller***Unauthorized “buy-backs” are NOT allowed***
TMA will provide sales results with an itemized summary, accompanied by a check for the total amount due the seller, as well as a listing of any items remaining in inventory, postmarked or ready for pick-up within 15 business days of the auction date.
Goods are sold as quantities and quality of merchandise in each sale dictates. All goods are set up for sale at the sole discretion of TMA management. There is no guarantee that all items will be sold together or within any specific timeframe.
***Any goods deemed unmarketable or unprofitable by TMA management will be scrapped or “trashed” at the Seller’s expense. This includes but is not limited to, equipment found to contain grease, spoiled food products, or any substance that may be considered contaminated, harmful, or that in any way poses a health risk***
ABSOLUTELY NO SALES RESULTS WILL BE GIVEN OUT ON SALE DAY OR AT ANYTIME BY TELEPHONE. Sales results must go through an audit process before they are considered final.