Online Auction Terms/Conditions of Sale & Privacy Policy

For K and J Auctions LLC.

 

First we would like to thank you for being our customer,

 

By participating in an Online Auction, you consent to be bound by these Online Auction

Terms and Conditions of Sale in addition to our general terms and conditions found on our Terms & Conditions/ Privacy Policy (‘’User Terms and Condition Agreement’’) as well as any additional terms that may be imposed by the seller or announced at the auction, included within the Additional Info and/or set forth on individual asset lot pages. For the purposes of these Terms and Conditions, we refer to any person or entity registering to offer or offering to buy goods as a “buyer” regardless of whether any contract of sale is concluded.

In the event of a conflict between these Terms and Conditions and the User Terms and

Condition Agreement, these Terms and Conditions shall take precedence.

All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.

Terms of Use and Privacy Policy

BIDDER USER TERMS

These Bidder User Terms (these “Bidder Terms”) govern your access to and use of our Services as a Bidder. These Bidder Terms shall be incorporated for use by Thrasher Auction’s; you can locate them by clicking this link Terms & Conditions/ Privacy Policy .

1. Bidder Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as Bidder.
2. Auction Information and Bidder Inspections. The auction dates, information, descriptions and prices for Listed Item(s) are determined by the Seller and may be subject to change. Listed Item(s) may be used and may contain defects. We do not inspect or confirm the condition of the Listed Item(s). We do not verify the accuracy of, or control, the information and details provided by Sellers concerning the Listed Item(s). You should take appropriate steps to verify the accuracy of the Listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of Listed Item(s) prior to bidding on and receiving or taking possession or closing on Listed Item(s). We are not responsible for any errors or omissions in the content of any Listed Item(s). We reserve the right, in our sole discretion, to (i) withdraw any Listed Item(s) from our Services; (ii) amend the information in a Listed Item; or (iii) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
3. Additional Terms Posted by Seller. A Seller may post additional terms and conditions for their Listed Item(s) (the “User Posted Terms”). User Posted Terms are between you and the Seller and are separate from these Terms. You are solely responsible for reading and understanding any User Posted Terms prior to placing a bid on such Listed Item(s). We do not create, review, negotiate, or enforce User Posted Terms. If you do not agree to the applicable User Posted Terms, you should not place a bid on the Listed Item(s).
4. Additional Fees by Seller. In addition to the price of Listed Item(s), Sellers may charge a buyer’s premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the Listed Item(s).
5. Transportation, Environmental Status/Clean-up/Testing, and Risk of Loss. We are not responsible for the care, loading, transportation, delivery or risk of loss for any Listed Item(s). We are not responsible for the risk of loss of Listed item(s) due to injury or death of the Listed Item(s) at any time. We are not responsible for the condition, encumbrances, easements, assessments, special assessments, liens, leases, repairs, damage, fixtures, utilities and utility lines, environmental hazards, hazardous or toxic materials, pollutants, contaminants, waste, asbestos, petroleum products, lead paint, erosion, wood destroying insects or other insects, flooding, wetlands, endangered species, soil quality and testing, water quality and testing, appraisal, surveying, boundaries, rights, and third-party interests that may exist on or pertain to Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the Listed Item(s) and the use, condition, care, repair, status, clean-up, remediation, testing, inspection, appraisal, boundaries, and surveying of the Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Listed Item(s). These costs may include feeding, watering, dismantling, special handling, loading, transportation costs, and permits required to move the Listed Item(s) to the Bidder’s desired location. You should confirm transportation, delivery and risk of loss information with the Seller and your designated transportation provider. Additionally, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid will be responsible for obtaining and providing all health certificates, health documentation, and testing required for the shipment and transportation of the Listed Item(s). Furthermore, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid shall be responsible for complying with all health entry requirements for the Listed Item(s) for the state of entry. In no event shall we have any responsibility for the transportation of Listed Item(s) or for any risk of loss or liability related to Listed Item(s) or for the condition, encumbrances, easements, assessments, special assessments, liens, leases, repairs, damage, fixtures, utilities and utility lines, environmental hazards, hazardous or toxic materials, pollutants, contaminants, waste, asbestos, petroleum products, lead paint, erosion, wood destroying insects or other insects, flooding, wetlands, endangered species, soil quality and testing, water quality and testing, appraisal, surveying, boundaries, rights, and third-party interests that may exist on or pertain to Listed Item(s).
6. Bidding. You understand, acknowledge and agree that:
   1. When you submit a bid using our Services, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on our Site, it may not be retracted. If you have the winning bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.
   2. By using our Services to bid on Listed Item(s), you grant us permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, name and contact information of your real estate agent/broker, etc.) and other information that you provide to us.
   3. You may place a max bid on Listed Item(s). When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time.
   4. Auctions may have time extensions. If a Seller elects to use a time extension for Listed Item(s), the bidding period on the Listed Item(s) may be extended when a higher bid than the then-current top bid is placed prior to expiration of that auction. The bidding period will continue as long as such higher bids are being placed within the time extension designated by the Seller.
   5. Thrasher Auction’s reserves the right to withdraw, postpone, or cancel any Listed Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
   6. Thrasher Auction’s reserves the right to void a bid that you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services.
   7. The Seller is conducting the auction and makes the sole and final determination with respect to the sale of Listed Item(s).
   8. WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
7. Additional Bidder Indemnity. In addition to the indemnification provisions set forth in the Terms of Use For Thrasher Auctions’, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims or liability (including reasonable attorneys’ fees) arising out of or resulting from any injuries to persons or property of any type, occurring during your or your agent’s inspection of property, or your or your agent’s presence at a Seller’s site, or resulting from the sale, removal, use or operations of any Listed Item(s).
8. Conflicts. In the event of a conflict between the provisions set forth in these Bidder Terms and the Terms of Use For Thrasher Auction’s, the Terms of Use For Thrasher Auction’s shall prevail.
9. Taxes
10. Buyers Premium
11. Payment/Item Condition:
    1. Contract and Payment: By placing a bid on an item, the bidder represents, warrants and undertakes that it has the authority an capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the item in question for the full amount of the bid, plus the buyer’s premium and any applicable taxes. A legally binding contract between a bidder, on the one hand, and Thrasher Auction’s and seller, on the other hand, is formed when a bidder makes the highest bid and the online auction is closed. All sales are final; a bidder may not cancel a bid.
    2. When the auction closes, the highest bidder (“Buyer”) shall pay for the item purchased by the date and time identified for removal on the specific auction site. If Buyer does not pay for and remove an item within the stated time frame/removal period, Thrasher Auction’s will charge Buyer for that won item(s) and an additional $10 per day storage fee (for up to 7 days) for an item. Then item(s) resell the item without notice for storage fees. Buyer’s bidding privileges as to any other Thrasher Auction’s may be suspended. Thrasher Auction’s reserves the right to handle each situation at their discretion.
    3. Condition and Value of Items: All Items Are Sold ” AS IS – HOW IS – WHERE IS ” WITH ALL FAULTS. Neither the Auctioneer or the Seller gives any type of guarantee or warranty, implied or otherwise. These items are offered for auction, and their descriptions are from sources deemed reliable and submitted subject to errors, omissions and change without notice. No allowance will be made for errors in cataloging, genuineness, defects or identification purposes only. There are no returns, refunds, or adjustments. THE ENTIRE RISK AS TO THE QUALITY, AUTHENTICITY & CONDITION RESTS WITH THE BUYER. BUYER ASSUMES COMPLETE AND SOLE RESPONSIBILITY FOR INSPECTION OF ITEMS PRIOR TO BIDDING AND RELIES SOLELY ON THEIR OWN INSPECTION AS TO THE CONDITION AND VALUE OF ITEMS.

 

 

 

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Thrasher Auctions, Inc. Software Website License Agreement

 

The Thrasher Auctions, Inc. Bidding Software Website (“Website”) is licensed, not sold, to you for use in placing bids during an auction where Thrasher Auctions, Inc. (“Auction Company”) elects to accepts bids placed through the Website. The Website is an auction platform used by auction companies to allow bidders to participate remotely in live or online auctions. Auction Company or Auction Company’s licensor retains ownership of the Website and they reserve all rights not expressly granted to you. The terms of this License Agreement will govern any software upgrades that replace and/or supplement the Website unless such upgrade is accompanied by a separate license agreement, in which case the terms of that license agreement will govern such upgrade.  Subject to the terms and conditions of this License Agreement, you are granted a limited non-exclusive license to install and use the Website on a device owned or controlled by you. You may not rent, lease, lend, sell, redistribute or sublicense the Website. These Terms of Use (“Terms”) set forth the terms and conditions that website to your access and use of all Auction Company’s products and services (together, the “Services”).

By using the Website to place a bid: (i) you acknowledge that you have read and understand all of the written terms,  conditions, and disclaimers set forth herein; (ii) you agree to all such terms, conditions, and disclaimers; (iii) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers of the auction company that is responsible for the auction in which you are bidding (such terms, conditions, and disclaimers are not set forth herein and must be obtained from the auction company); and (iv) you agree to all of the terms, conditions, and disclaimers of the auction company for the specific auction in which you are placing a bid.

Any bid that you place through the Website in an auction is a legally binding offer to purchase the real or personal property being auctioned. Your bid may be accepted by the Auction Company, in which case a legally binding agreement will be in place between you and Auction Company. The terms, conditions, and disclaimers of Auction Company for that specific auction will be part of the foregoing agreement. All bids shall be deemed pending unless and until duly accepted by the Auction Company. The Auction Company has the sole and absolute discretion to advance the bidding, including the discretion to reject any bid which the Auction Company believes does not advance the auction and/or is injurious to the auction. Bids that may be rejected include without limitation bids that website to the Auction Company to be nominal, suspicious and/or suspect. No bid shall be deemed a valid bid unless and until accepted by the Auction Company. All bids are accepted at the sole discretion of the Auction Company. For any given auction, the successful bidder is deemed the bidder that places the bid that is accepted by the Auction Company. The Auction Company shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. The Auction Company’s determination of the successful bidder shall be the final determination of the successful bidder.

If you are the successful bidder, you agree to pay the amount of your bid, all applicable taxes set by law, and any commissions, premiums, and other expenses that are set forth in the Auction Company’s terms and conditions, including any terms and conditions that may be orally announced by the Auction Company at the auction. You agree to indemnify and hold Auction Company harmless from and against any and all costs, expenses, losses, and damages (collectively “damages”), including without limitation reasonable attorney’s fees, Auction Company may incur with respect to your failure to pay all amounts that you are legally required to pay as the successful bidder. All sales are final upon the determination of the successful bidder by the Auction Company. Unless otherwise expressly provided by Auction Company all property is auctioned and sold in its “as-is” condition on the day of the auction. It is the bidder’s responsibility to determine the nature, condition, and state of title of the property to be purchased at the auction.

Unless otherwise expressly provided by Auction Company, all property is auctioned and sold where it is located on the day of the auction (i.e., “where-is”). The successful bidder shall make arrangements with Thrasher Auctions Company for accepting delivery of any personal property that is purchased at an auction. Any shipping expenses shall be governed by Thrasher Auctions terms and conditions for the given auction. There shall be no returns or exchanges except as may be expressly permitted in writing by Thrasher Auctions under its terms and conditions for the given auction.

 

Disclaimer Of Warranties: You may be entitled to warranties, conditions, and terms that may not be excluded or limited by Auction Company under applicable law. Except for warranties, conditions, and terms that Auction Company may not exclude under applicable law, the website is made available “as is.” Except for those non-excludable warranties, conditions, and terms, Auction Company makes no warranties, conditions, representations, guarantees or terms (express or implied, whether by statute, common law, custom, usage or otherwise) as to any matter including performance, results, security, noninfringement, merchantability, integration, quiet enjoyment, satisfactory quality, and fitness for any particular purpose. This disclaimer of warranty may not be valid in some states. You may have warranty rights under law which may not be waived or disclaimed. Auction Company does not seek to limit your warranty rights to any extent not permitted by law.

Neither Auction Company nor Auction Company’s Licensor provide support services for the Website. Neither Auction Company nor the Auction Company’s Licensor shall be held responsible for a missed bid or the failure of the Website to function properly for any reason. You acknowledge that the Website may not be operational at any given time for various reasons, including repairs, maintenance, upgrades to the Website and many causes that are not within the control of the Auction Company or the Auction Company’s Licensor, including without limitation power failures, defects in third-party equipment, and acts of God.  In the event that the Website fails to properly operate for any reason during any auction, thus preventing you from placing a bid, you acknowledge and agree that you are subject to the limitation of liabilities set forth above.

The non-exclusive license granted to you in this Licensing Agreement is effective until terminated. Your rights under this License Agreement will terminate automatically or otherwise cease to be effective without notice from Auction Company if you fail to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, you shall cease all use of the Website and destroy all copies, full or partial, of the Website. If you violate the Terms, your permission to use the Services will automatically terminate. In addition, Auction Company in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting us. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Auction Company may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

 

Modification of the Terms: Auction Company may modify the Terms and impose new or additional terms or conditions on any use of the Services. If we do so, we will notify you and/or in some cases, including where required by law, we may provide you with an additional notice, such as via email to the email address you have provided us. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into the Terms. Your continued use of the Services will constitute your acceptance of the modified terms and any applicable new or additional terms or conditions. If you do not agree to the modified terms or new or additional terms or conditions, you must stop using the Services, and if applicable, close your Auction Company accounts. By using or accessing the Services, you agree to the Terms, as updated from time to time.

SOCIAL MEDIA, BLOGS, REVIEWS, AND SIMILAR SERVICES

Any posts or comments you make to us on social media will be shared under the terms of the relevant social media platform (for example, Facebook or Twitter) on which they are made and could be made public by that platform. These platforms are controlled by other people, not us, so we are not responsible for this sharing. You should review the terms and conditions and privacy policies of the social media platforms you use to ensure you understand how they will use your information, what information relating to you they will place in the public domain and how you can stop them from doing so if you are unhappy about it.

Any blog, review or other posts or comments you make about us, our products and services on any of our blog, review or user community services will be shared with all other members of that service and the public at large.

You should ensure that any comments you make on these services, and on social media in general, are fit to be read by the public, and in particular are not offensive or defamatory. You are responsible for ensuring that any comments you make comply with any relevant policy on the acceptable use of those services.

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Additional Terms of Privacy Policy

 

We are committed to protecting your privacy. This Privacy Policy describes how we collect, use, and disclose information when you use our website. This is not a complete list and third party plugin used & is subject to change at Auction discretion.

When you use the Website, we may collect and link the following types of information to your user profile: Personal Information: Name, email address, phone number, physical address, and payment information. Device Information: Device ID and operating system. Usage Data: Product interaction and usage behavior. User Identifiers: A unique user ID associated with your account.

 

We collect this information for the following purposes: To enable you to register, bid, and participate in auctions; To verify your identity and process payments; To communicate with you about your account; To maintain and improve the Website’s functionality and security; To analyze usage trends and improve user experience.

We do not sell your personal information. The Auction Company hosting a specific auction may access user data necessary to facilitate transactions and bidder verification. Service Providers and Third-Party SDKs: We use trusted third-party services (e.g., analytics, payment processors) to help us operate and improve the Website. Legal Requirements: We may disclose your information when required to do so by law or in response to valid legal processes.

We retain personal data only as long as necessary for the purposes described above. Depending on your jurisdiction, you may have the right to: Access the information we hold about you; Request correction or deletion of your data; Object to or restrict certain data processing. To make a request, contact us.

The Website is not intended for children under the age of 18, and we do not knowingly collect personal information from children.

We may update this Privacy Policy from time to time. Changes will be posted within the Website.

If you have any questions or concerns about this Privacy Policy, please contact us.

1. Auctioneer’s role in Online Auctions

For the purpose of the Online Auctions the relevant K and J Auctions LLC. Company named in the Additional Info or its agent will be the auctioneer and agent for the seller (the “Auctioneer”) and will sell goods to a buyer. The Auctioneer may at its discretion or upon the instruction of the seller:

(a) Alter or withdraw all or any lots up to the moment at which such lot(s) are indicated as “SOLD” (the “Announcement of Sale”);

(b) Where a reserve has been placed on any lot, withdraw that lot in the event that the highest bid price at the end of the Online Auction does not meet the reserve;

(c) bid for any lot or lots offered for sale at the Online Auction on its own account or on behalf of third parties (including on behalf of sellers but, if on behalf of sellers, not at or in excess of the reserve price); and/or

(d) combine (including in bulk), sub-divide or amend a lot or lots as the Auctioneer deems appropriate.

K and J Auctions LLC. Owner any or an associated Auctioneers may participate as sellers in Online Auctions from time to time.

Buyers agree that K and J Auction LLC. and/or, where applicable, the Auctioneer may at any time and from time to time without notice: (i) discontinue an Online Auction either temporarily or permanently; or (ii) extend an Online Auction beyond the period indicated on the website.

1. Sale

Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which a lot will not be sold. The reserve price may be decreased by the Auctioneer or seller at any time before or during the auction. The reserve price may be decreased to the level of the highest auto bid if that bid is below the current reserve price with the effect that the highest auto bid may be accepted. Subject to the reserve price (if any) being met, each lot shall be sold to the highest bidder. All sales are final. In the event of any dispute arising between buyers such dispute shall be dealt with in such manner as the Auctioneer may in its absolute discretion determine. The Auctioneer reserves the right to resell any lot in dispute by putting it up for auction again. The Auctioneer reserves the right to rescind any sale for any reason in which case the buyer’s sole remedy shall be the refund of the amount of the purchase price and any Buyer’s Premium actually paid.

1. Regulation

(a) Bidding shall be regulated by the Auctioneer in such manner as it may think fit and, without prejudice to the generality of the foregoing, the Auctioneer may without ascribing any reason therefore, refuse to accept any bid or may facilitate automatic bids on behalf of buyers during the Online Auction process.

(b) Any bidding found to be fraudulent and/or negligence to provide proper payment in the allotted time will result in all appropriate legal action.

(c)Auctioneer’s Right to Bid: In accordance with KRS330.220(6)(a), it is hereby disclosed that, with permission from the seller, the auctioneer and any auction staff members reserve the right to bid.

(d) Online bidding is offered as a courtesy. The Auctioneers, K and J Auctions LLC., Seller, and the Internet and Software Providers do not guarantee or warrant the online bidding procedure and/or system to operate without interruption or malfunction, and shall not be held responsible in the event of such.

[e] All bidders must register to bid on items for sale through K and J Auctions LLC. Required registration form (SEE PRIVACY POLICIES FOR DETAILS) A credit card is required for sign up at that time a $0 charge will be placed on the credit card to verify it is valid (charge may pend 7 to 14 days depending on Bank) and then charge will disappear. Credit card is stored with stripe for non payment. If account is not paid by due date K and J Auctions LLC will charge card held for non payment, and all won items may be resold for storage.

1. Additional Info

The website will show a separate Additional Info for each Online Auction which will stipulate a payment date (“Payment Date”) for each lot in an Online Auction and the date by which the goods will have to be removed by the successful buyer (“Clearance Date” or “Removal Date”), Locations may vary for pickup of items and certain other terms and conditions which form part of these Terms and Conditions.

1. Buyer’s Premium

The buyer will pay to the Auctioneer such premium (“Buyer’s Premium” which is 10%) on the Announcement of Sale as stipulated in the Additional Info for the Online Auction in question to which will be added any applicable value added tax or the equivalent or similar sales taxes in the relevant jurisdiction at the current rate (6% Standard since business is in KY). The Buyer’s Premium is Not negotiable and is payable by all buyers. The Auctioneer, when acting as agent for the seller, may also receive commission from the seller.

1. Buyer’s obligations

(a) Payment

Full payment is expected by deadlines given for items won. Any invoice not fully and properly paid for in the allotted time will be charged to the credit card account presented at registration and the items forfeited. Delinquencies will be noted and will prevent the individual from participating in any further live or online auctions conducted by K and J Auctions, LLC., K and J Auctions LLC. retains the right to prevent anyone from participating in this and future online auctions who does not abide by the terms and conditions of the auction or whose actions are not in the best interest of our client, the Seller.

The Auctioneer and the seller may resell the item in question without notice. In addition, unless otherwise provided for in the Additional Info, the successful buyer shall pay the full purchase price of the lot (including in addition Buyer’s Premium (10% and any value added tax or the equivalent or similar sales taxes) to the Auctioneer on behalf of the seller (in cleared funds) on or before the Payment Date. More information about the applicable taxes may be given in the Additional Info for the Online Auction in question, however, buyers should seek their own tax advice. The buyer agrees that invoices may be issued in electronic form by email. All sales are subject to KY sales tax of 6%.

Payment shall be made in the currency specified on the relevant Additional Info. Cash payments are permitted but must be paid by deadlines given.(users may be removed and credit card charged for nonpayment) Any bank charges in respect of conversion or transfer of monies shall be met by the buyer. If goods are exported, tax refunds or zero rating may apply, tax refunds (if any) will be made by the Auctioneer, subject to receipt of (i) satisfactory proof of export by the buyer; (ii) the corresponding amount of tax refund from the relevant tax authority or the seller and (iii) the relevant tax forms (if applicable).

The buyer is advised to seek its own tax advice. The buyer agrees that invoices may be issued in electronic form by email or otherwise.

(b) Collection/Removal

Unless otherwise provided for in the Additional Info for the Online Auction in question, the buyer will:

(a) Remove all lots from the seller’s premises during scheduled PICK UP DATES that will be listed on each item, unless other arrangements are made and approved by K and J Auction LLC. and this condition shall be of the essence of the contract;

(b) only remove lots by previous arrangement with, and subject to the supervision of, the Auctioneer or its agent(s) or appointed representative(s);

(c) not be permitted to remove any lots it has purchased from the seller’s premises until all sums due in respect thereof have been paid; [and]

(d) be responsible for the removal and insurance of the purchased lot(s) at its own expense;

(e) where so requested by the seller and/or K and J Auctions LLC., provide method statements and/or risk assessments for the removal of the assets to the satisfaction of the seller and/or its appointed representative(s); and

(f) only remove assets in accordance with the instructions of the seller and/or K and J Auctions LLC.

(g)shipping maybe offered on certain items but all shipping cost will be fixed and sole responsibility of the buyer when selecting this method.

If, in the Auctioneer’s opinion, removal of any lot or part thereof will be likely to cause serious damage to the seller’s premises, or any other damage which the buyer is either unable or unwilling to rectify or is being undertaken without an approved “method statement” and/or “risk assessment”, the Auctioneer may by notice to the buyer rescind the sale of such lot or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose. K and J Auctions LLC. shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. In addition all items left over 7 days will be resold (and no return will be made to original buyer), Pickup times are enforced unless arrangements approved.

The buyer shall provide, or ensure that their agent(s) performing removals on its behalf, provide on demand, evidence of insurance policies reasonably satisfactory to the Auctioneer, K and J Auctions LLC. and/or the Seller.

Should any party claim possession of or title to all or part of a lot prior to its removal from the seller’s premises, the Auctioneer reserves the right to rescind the sale thereof or to remove or permit the removal thereof from the seller’s premises subject to such conditions as it may think fit to impose.

Should the buyer fail to comply with any of the foregoing requirements the lot or lots which have been subject to an Announcement of Sale to him or any part thereof may, without further notice, be re-offered for sale, destroyed or otherwise disposed of by the Auctioneer in any manner as it shall in its absolute discretion deem fit, and any monies paid shall be forfeited.

Without prejudice to any claims that the Auctioneer and/or the seller may have against the buyer for breach of contract or otherwise the buyer will become liable from the Clearance Date/Removal Date for all storage, security and administration expenses and the cost of and incidental to re-selling and/or otherwise disposing of uncleared items. The buyer acknowledges that the seller’s facility is a potentially dangerous place.

Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against K and J Auctions LLC., the

Auctioneer, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the site. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of

K and J Auctions LLC., the Auctioneer or the seller.

1. Buyer’s responsibilities and conduct

By placing a bid on a lot, the buyer represents, warrants and undertakes that it has the authority and capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the lot in question for the full amount of the bid and the fees associated.

1. International statutory compliance exclusion

(a) It is expressly brought to the buyer’s attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s): may not necessarily comply with the Health and Safety at Work Etc. Act 1974,Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the

Health & Safety at Work Etc. Act 1974, Control of Substances Hazardous to Health Regulations 2002 or any other current legislation’s covering the use of such substances in a working environment in the UK, the EC, the United States or any other relevant jurisdiction. [K and J Auctions LLC. has no duty to remove any hazardous substances that are contained in or are a part of any asset.]

(b) The buyer undertakes to: remove, ship and use any purchased plant and equipment within the UK or EC or any other relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable health and safety standards and regulations; comply with all current applicable legislation’s in any relevant jurisdiction and reasonable instructions by the Auctioneer in relation to the removal/disposal of waste including hazardous waste.

The buyer agrees to comply with all applicable export or import control or related laws or regulations and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Buyers acknowledge that the Auctioneer is not the exporter of any asset unless expressly stated. The Auctioneer gives no representation or warranty concerning and has not conducted any investigation to ascertain which items, if any, constitute, for example, “Restricted Technology” for US law purposes or whose export is otherwise restricted under applicable law. The Auctioneer and the seller reserve the right to cancel or rescind any sale in an online transaction at any time if either of them determines, in its absolute discretion that the sale does or may violate applicable export or import control or related laws and regulations.

 

1. Transfer of risk

Upon the Announcement of Sale the buyer shall assume all risks in and relating to such lots. The buyer is advised to effect in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of the Auctioneer and/or the seller to make lots available shall be deemed performed upon Announcement of Sale even if a lot is subsequently damaged and/or part thereof has been lost.

Property and title in each lot shall not pass to the buyer until:

(a) full payment therefore has been received or (where payment or part payment is made by cheque) until the cheque(s) in question have been cleared; and

(b) each such lot has been removed from the seller’s premises in its entirety.

1. As Is
2. a) ALL ASSETS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. ANY EXPRESS OR

IMPLIED WARRANTIES INCLUDING THOSE AS TO THE NATURE, QUALITY, QUANTITY, VALUE OR CONDITION OF ANY ASSET, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

The buyer acknowledges that any software or intellectual property rights attaching to an asset or assets may not be the property of the seller or capable of transfer by the seller.

Neither the seller, the Auctioneer nor K and J Auctions LLC. is in any way authorizing the use by the buyer of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at the buyer’s sole risk.

b).Illustrations, pictures or videos posted on K and J Auctions LLC. K and J Auctions LLC. website (the “Site”) or otherwise provided by the seller, the Auctioneer or K and J Auctions LLC. are for the convenience of the buyers only. The Auctioneer and /or K and J Auctions LLC. has used its reasonable endeavors to ensure that the descriptions of each asset(s) appearing on the Site are accurate, but the buyer relies upon such description at its own risk. Buyers should satisfy themselves prior to the sale as to the condition of the asset and should exercise and rely on their judgment as to whether the asset accords with its description at their own risk. Subject to the obligations accepted by K and J Auctions LLC. under these Terms and Conditions, neither the seller, the Auctioneer nor K and J Auctions LLC. nor any of their respective employees or agents are responsible for errors of description or for the genuineness or authenticity of any asset.

1. Liability

Where the buyer loads any item of plant, machinery or equipment contained in a lot or lots to remove it from a site, neither the seller nor K and J Auctions LLC. nor, where applicable, the Auctioneer shall be under any liability whatsoever to the buyer or any third party for any damage however so caused by the removal and the buyer shall be responsible for and indemnify the seller and K and J Auctions LLC. and, where applicable, the

Auctioneer against any damage or loss which the seller or K and J Auctions LLC. or, where applicable, the Auctioneer may suffer or incur in respect of loss, damage or injury suffered by the buyer’s employees or any third party arising from the removal of the plant, machinery or equipment.

The Auctioneer is acting as agent of the seller in an Online Auction and is not responsible for acts and omissions of the seller or any of the seller’s principals, officers, directors, employees or other agents.

1. Limitation of liability

Neither seller nor K and J Auctions LLC. nor, where applicable, the Auctioneer shall be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

1. any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realize anticipated savings or profits;
   2. any loss of goodwill or reputation; or
   3. any indirect or consequential losses suffered or incurred by buyer, arising out of or in connection with these Terms and Conditions and any of the actions or events contemplated within them or deriving from a sale of goods pursuant to them (“Relevant Events”).

The aggregate respective liability of seller or K and J Auctions LLC.  in respect of any other loss or damage suffered by a buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with any Relevant Events, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the seller, the amount of the purchase price paid by the buyer; and (ii) in the case of K and J Auctions LLC. the Buyer’s Premium paid by the buyer, in each case in respect of the goods which are the subject of the claim.

The Buyer undertakes to defend (by counsel satisfactory to K and J Auctions LLC.) and indemnify K and J Auctions LLC. and seller and hold K and J Auctions LLC. and seller harmless from and against any claim, demand, cause of action, liability or expense (including attorneys’ fees and costs) asserted against or incurred by K and J Auctions LLC., the seller or any third party in connection with the sale, removal, shipment or use of any purchased assets or a breach by the buyer of these Terms and Conditions.

Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of seller or K and J Auctions LLC. or their respective employees or agents.

Notwithstanding any contrary provision in these Terms and Conditions, neither the seller nor K and J Auctions LLC. limits or excludes its liability in respect of fraud, any breach of section 12 of the Sale of Goods Act 1979 or any other statutory or other liability which cannot be excluded under applicable law.

1. Shipping 
   Shipping is offered to customers as a convivence but K and J Auctions LLC. is not responsible for lost or stolen packages by USPS or USP our shipping providers. Once a package has been shipped K and J Auctions LLC. has fulfilled its portion of the sales agreement, please make sure to select appropriate shipping and insurance on your package.
2. None of these Terms and Conditions shall be relied upon or be enforceable under the Contract (Rights of Third Parties) Act 1999 by any third party who is not party to these Terms and Conditions.
3. Choice of Law and Venue

ALL DISPUTES RELATING TO THESE TERMS AND CONDITIONS BETWEEN BUYERS AND K and J Auctions LLC. AND/OR THE AUCTIONEER SHALL BE EXCLUSIVELY GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF US.

BUYERS AND K and J Auctions LLC. AND/OR THE AUCTIONEER HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS OVER ANY CLAIMS, DISPUTE OR MATTER ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THEIR ENFORCEABILITY. EACH BUYER ACKNOWLEDGES THAT K and J Auctions LLC. AND/OR THE AUCTIONEER WOULD NOT PERMIT THE BUYER TO REGISTER AS A BUYER IF THE TERMS OF THIS CLAUSE 14 WERE NOT VALID,

BINDING AND ENFORCEABLE.

Buyers irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the country in which service is to be effected.

In the event that any of the provisions of these Terms and Conditions shall prove to be invalid or null and void, the remainder of the provisions shall not be affected thereby. These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails.

Privacy Notice

This privacy notice discloses the privacy practices for (https://thrasherauctions.com/). This privacy notice applies solely to information collected by this website. It will notify you of the following:

1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (502)802-1437 or thrasherauctions@outlook.com.

 

 

Last Updated 24 August, 2025
Copyright 2025 © Thrasher Auctions and Liquidations LLC.