Starman Terms & Conditions General and Website

 STARMAN BROS. AUCTIONS, INC.

 GENERAL CONDITIONS OF SALE

             NOTICE TO ALL PROSPECTIVE BIDDERS:  The property described on this website, annexed hereto, will be sold via online auction upon the following conditions:

             1.  SALE.  The sale is to be conducted WITHOUT RESERVE and no item shall be subject to a reserve price.  Every purchaser will be required to pay; by means of a cashier's or certified check, wire transfer of funds, cash, company check only if accompanied by a Bank Letter of Guarantee; the entire purchase price following the completion of the sale, including appropriate tax.  Arrangements shall be made by the Auctioneer to satisfy such liens or encumbrances as may be against the property purchased, and such documentation necessary to pass clear title to the purchaser shall be provided.  Possession of an item or lot shall be the purchaser's upon payment.  The purchaser must provide, at his own expense, all labor and cartage necessary for the removal of an item or lot after purchase.  A purchaser shall have until 10 days after the auction to remove the property purchased from the place of sale, and will be liable for all expenses of storage after said date.

             2.   PURCHASER.  The highest bidder for each item, whose bid is accepted, shall be the purchaser.  The Auctioneer may not refuse any bid except for cause.  The bids shall advance by amounts named by the Auctioneer at the time of the sale.  If a dispute arises as to any bid, the decision of the Auctioneer shall be final as to all parties.

             3.  PURCHASER'S RISK.  No prospective bidder shall be allowed to operate any equipment except at the express permission of the Owner.  If permission is granted, the prospective bidder agrees that the operation is at his own risk, and the bidder shall indemnify and hold the Owner and the Auctioneer harmless from all loss, injury, expense or damage, which may occur as a result of the operation.  EACH ITEM OR LOT SHALL BE AT THE PURCHASER'S RISK IMMEDIATLY AFTER CLOSING OF THE ITEM OR LOT.

            4.  WARRANTIES.  The owner and the Auctioneer make no affirmation of fact or promise as to any items offered at this sale.  No agent or representative of the Owner or Auctioneer is authorized to make any warranty or representation as to the property offered at this sale.  Any description of an item, whether oral or written, or any model or sample displayed, is for the sole purpose of identifying the item.  All items are sold "AS IS" and "WITH ALL FAULTS" and the purchaser assumes all risk as to condition, quality, quantity, variety, and the like.  The Owner and the Auctioneer shall not be liable for any incorrect description, fault, or defect, in any item or lot, and no purchaser shall be entitled to rescission, damages, or any other remedy on account of an incorrect description, fault or defect. 

            THERE ARE NO WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, PERTAINING TO THE PROPERTY LISTED FOR SALE, AND ANY WARRANTIES WHICH MAY OTHERWISE HAVE ARISEN FROM THE SALE OF ANY ITEM OR LOT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES FROM A COURSE OF DEALING OR THE USAGE OF TRADE, ARE EXPRESSLY EXCLUDED.

            5.    FORFEITS.  In the event a purchaser fails to comply with any of the conditions of the sale herein mentioned, at the option of the Auctioneer, the items purchased will be resold and any deposits made, will be forfeited.  In the event, the property is resold upon the same terms of sale, or any other terms of sale the Owner or Auctioneer deem reasonable, including private sale, the forfeiting purchaser will be held liable for any deficiency or costs resulting from such resale as well as any other damages sustained by Owner.

            6.  LIABILITY OF AUCTIONEER.  The Auctioneer is only an agent and is not responsible in the event the Owner or purchaser at the auction fail to live up to their agreement, including failure of Owner to deliver any property to the purchaser.

            7.   CHANGE OF TERMS AND CONDITIONS.  The Auctioneer hereby reserves the right to change the foregoing terms of conduct by announcement, whether written or oral, made before the auction sale or at the commencement thereof, and by virtue of this clause; such changes shall be binding upon any purchaser.

 

WEBSITE TERMS AND CONDITIONS

1. Terms

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.

2. Disclaimer

  1. The materials on Starman's web site are provided "AS IS". Starman Bros. 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, Starman 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.

3. Limitations

In no event shall Starman Bros. 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 Starman Bros Internet site, even if Starman or a Starman 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.

4. Revisions and Errata

The materials appearing on Starman's web site could include technical, typographical, or photographic errors. Starman does not warrant that any of the materials on its web site are accurate, complete, or current. Starman may make changes to the materials contained on its web site at any time without notice. Starman does not, however, make any commitment to update the materials.

5. Links

Starman 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 Starman of the site. Use of any such linked web site is at the user's own risk.

6. Site Terms of Use Modifications

Starman 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 and Conditions of Use.

7. Governing Law

Any claim relating to Starman's web site shall be governed by the laws of the State of Nebraska without regard to its conflict of law provisions.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.