Auction Terms

There is a 10% online buyer’s premium in effect for all rolling stock purchases made online. A 15% buyer’s premium on all non-rolling stock. This fee, plus any appliable tax is added to the high bid to determine the purchase price.

All items sell WHERE IS AS IS with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids.

Payment terms: For rolling stock, certified check or wire transfer. Credit cards are only accepted on invoices with a total of less than $2000 on non-rolling stokc. All payments are due immediately upon receipt of your invoice.

All non-rolling stock asssets are to be picked up only on designated pickup days.
Rolling Stock is to be paid for and pickedup/loaded out within be 30 days unless otherwise noted by appointment. Loadout available by appointment. Please call agent for more info. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items. This auction has a number of reserves items.
These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by THE SWICEGOOD GROUP, INC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.

Auctions Conducted Under These Terms. The Auction is conducted according to these Terms, the Terms on Auctioneer’s website, applicable laws, and any announcements or corrections made during the Auction. By participating, whether at the auction site, online, by phone, or through any other method (including Absentee Bids), Bidders agree to be bound by these Terms.
Bidder Registration All individuals wishing to bid at the Auction must register and be issued a Bidder Number. To register, potential Bidders must provide the information requested by the Auctioneer. The Auctioneer may refuse to accept a Bidder Registration or issue a Bidder Number and may revoke a Bidder Number if a Registered Bidder breaches any Terms or engages in improper conduct. By registering, Bidders acknowledge they have read, understand, and agree to these Terms. At the Auctioneer’s discretion, bids may be accepted from unregistered individuals, who will then be bound by these Terms and must immediately complete a Bidder Registration
Governing Law.

For Auctions in the State of North Carolina and Online
Buyer's Premium. All items at the Auction are subject to a Buyer's Premium, payable to the Auctioneer. This premium, calculated as a percentage of the Hammer Price, is added to the Hammer Price to establish the total purchase amount. The Buyer commits to paying the Winning Bid plus the relevant Buyer's Premium.




Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.


No Bid Retraction. Bidder cannot withdraw a bid once acknowledged by the Auctioneer or submitted online. Bidder acknowledges that Auctioneer relies on submitted bids to conduct the Auction, and withdrawing bids disrupts and interferes with the process. By registering to bid and participating in the Auction, Bidder agrees not to retract any bid acknowledged by the Auctioneer, as an inducement for Auctioneer to accept Bidder's registration and bids.




Technology Challenges & Disruptions. The Auctioneer will not assume responsibility for technological disruptions, errors, or failures, which include disruptions to bidding or the inability to execute, recognize, or record online bids. These disruptions may arise from various causes, such as loss of connectivity, breakdowns in the Online Auction Platform, interruptions to a Bidder's internet connection, computer malfunctions, viruses, or software issues. Auctioneer reserves the right to continue, suspend, delay, extend, reschedule, or terminate the Auction in response to technology failures, even after bidding has started.
Auto Extend Feature. During any Online Bidding Period, there may be an auto-extension feature. If an online bid is submitted within a specified time nearing the conclusion of the established Online Bidding Period, the period will automatically extend for additional increments as determined by the Auctioneer. This extension will continue until a certain lapse of time occurs without receiving any online bids, at which point bidding will conclude.
Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether by telephone or otherwise). All prebids and maxbids placed online are considered absentee bids.
Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.
Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot of Personal Property will be the Buyer of such Property.
All property is sold "AS IS", "WHERE IS", and "WITH ALL FAULTS". This means it is offered and sold in its current condition at the time of the auction, including any hidden defects. The Auctioneer and seller make no express or implied representations, warranties, or guarantees regarding the nature, value, authenticity, fitness, or any other aspect of the property. Bidders acknowledge they have had the opportunity to inspect the property and are relying solely on their own judgment in deciding to bid and the amount of their bids.
Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.
Bidder’s Inspection. By placing a bid, each bidder acknowledges having had a complete and fair opportunity to inspect the property and is relying solely on, or has waived, their inspection and investigation (i) to decide whether to bid, (ii) to determine the bid amount, and (iii) to accept all risks associated with the purchase and/or use of the property. The bidder agrees to defend, indemnify, and hold harmless both the Auctioneer and the Seller from any claims of injury arising from or related to the purchase or use of the property.
Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property sold at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.
Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, according to the Uniform Commercial Code 2-328, the Seller or anyone acting on the Seller’s behalf may bid (directly or indirectly) on any Property put up at Reserve Auction.
Motor Vehicles and Equipment. All motor vehicles and motorized equipment (including but not limited to trucks, automobiles, vans, recreational vehicles, motorcycles, tractors, and heavy equipment) must be fully paid for before removal from the Auction Site. If payment is made by check, the vehicle or equipment will only be released after the check has cleared the drawee bank and funds have been received by the Auctioneer.
All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lots sold at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.
Payment.
On all sales over $2,000 a certified check or wire transfer is due within 24 hour of the end of the sale.
All personal property must be fully paid for by buyers on the day of the auction pickup before any property is removed from the Auction Site.
All non rollingstock assets are to be paid for via certified, wire transfer or credit card if invoice is under $2,000.00
Wire Transfer Payments. Buyer shall obtain verbal verification of all bank account information from The Swicegood Group, Inc. prior to initiating transfer. Except as otherwise provided by law, we shall not be liable for any loss or damage due to misplaced, unauthorized or fraudulent fund transfers.
Credit Card Chargebacks. Each bidder agrees not to issue a stop payment order on checks or initiate a credit card chargeback for any Auction purchases. Doing so waives their right to dispute payments, and the Auctioneer may reverse any such actions with their bank or credit card company. Violations incur full liability for purchases, plus costs and legal fees. This agreement is a condition for receiving a Bidder Number and inducement for the Auctioneer to accept their registration.
Insurance. Any work conducted by the Purchaser(s) or their representative (including subcontractors) (rigger) must be insured, with proof of coverage provided for all claims of injury or property damage arising from the removal of items or equipment. Insurance requirements include General Liability coverage of $1,000,000/$2,000,000 and Worker’s Compensation coverage of $1,000,000, or as mandated by state law. The Seller must be listed as additionally insured if necessary.
Abandoned Items. Any rolling stock lots not paid in full, not picked up and removed in the time provided within 30 days shall be deemed forfeited. Any non rolling stock items not picked up end of day on the prescribed day will he deemed forfeited.
Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer upon the item being identified as SOLD. Neither Auctioneer nor Seller will be liable for any loss or damage to a lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the lot while in Auctioneer’s sole and exclusive possession.
Indemnification. Each bidder agrees to indemnify, defend, and absolve the Auctioneer and Seller from any present or future claims related to the Auction or the Property, including but not limited to issues of fitness, use, damage, safety, or injuries to persons or property.
Compliance with the Law. Bidder must refrain from engaging in any illegal activities on the Auction Site and must adhere to all federal, state, and local laws. Bid pooling, where bidders collude to manipulate and artificially lower bidding to reduce the Hammer Price, is strictly prohibited. Participants in bid pooling will be expelled from the Auction Site and reported for disciplinary action. Theft is a serious offense and will be prosecuted to the fullest extent of the law. Discovery of theft will lead to immediate termination of bidding privileges and expulsion from the Auction Site.
Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms shall be governed by and interpreted in accordance with the laws of the State of North Carolina. Any disputes, claims, or other matters between the parties shall be adjudicated in the state or federal courts located in Davie County, North Carolina. These courts shall have exclusive jurisdiction and be the sole venue for all such disputes, claims, and matters. By submitting a Bidder Registration and accepting a Bidder Number, each registered bidder irrevocably and unconditionally:
Agrees that any claim or legal action relating to these Bidder Terms or the transactions described herein shall be brought in the state or federal courts of Davie County, North Carolina;
Consents to the jurisdiction of these courts for any such claim or legal action;
Waives any objection to the venue of any such claim or legal action in these courts; and
Waives any objection based on forum non conveniens.
Each Bidder, Buyer, and other participants expressly waive their right to a trial by juror

Attorneys’ Fees. If any participant violates their obligations under these Terms, Auctioneer and/or Seller may recover all costs and expenses, including legal fees, incurred in enforcing their rights.