Apex Power Auctions (a DBA of A2C Auctions LLC) Online Consignment Auction – General Terms of Service

NOTICE: ALL BIDDERS AND OTHER PERSONS ATTENDING AUCTION SALES AGREE THAT THEY HAVE READ AND HAVE FULL KNOWLEDGE OF THESE TERMS AND AGREE TO BE BOUND THEREBY.

How to Register To register, log in to www.bidspotter.com and search for the auction you wish to participate in (Ctrl + F). Once you locate the auction, click the “Sign Up” button. If you have registered with BidSpotter in the past, enter your username and password. If you have never used BidSpotter, click “Register.” Enter the required contact information, select a username and password, and submit the form. You will receive an email confirmation of your registration with your bidder paddle number and an approval email from Apex Power Auctions once approved. Bidders are recommended to register at least 48 hours prior to the sale to avoid issues.
Payment Items must be paid in full upon receipt of invoice. A2C Auctions LLC, operating as Apex Power Auctions and acting solely as a marketplace facilitator, facilitates payments and collections on behalf of buyers and sellers and does not take title to any equipment. A2C Auctions LLC, in its sole discretion, will impose a buyer’s premium (“Buyer’s Premium”) on any goods sold. The Buyer’s Premium is added to the final purchase price. A2C Auctions LLC shall charge and collect from each successful bidder a buyer’s premium (in addition to the purchase price) on behalf of the seller. Rates may vary by auction. A BUYER’S PREMIUM OF 14.5% FOR ONLINE BIDDERS WILL BE APPLIED TO YOUR INVOICE IN ADDITION TO THE HAMMER PRICE.SALES TAX WILL BE CHARGED ON THE TOTAL PURCHASE PRICE (INCLUDING BUYER’S PREMIUM).THE BUYER’S PREMIUM MAY CHANGE WITH EACH AUCTION – ALWAYS REFER TO THE SPECIFIC AUCTION TERMS. Business and personal checks will not be accepted without a bank letter of guarantee. No merchandise will be released until the invoice is paid in full. All funds are collected on behalf of the seller, with A2C Auctions LLC acting solely as a marketplace facilitator.
Taxes Prices do not include federal, state, or local taxes, which are in addition to the purchase price and must be paid by the Purchaser. Sales tax is calculated after the auction based on the lot location. Companies claiming tax exemption must have valid exemption paperwork on file with Apex Power Auctions prior to the auction, or they are responsible for filing for a refund with the applicable state. Failure of A2C Auctions LLC to invoice taxes does not relieve Purchaser of responsibility for payment.
Removal Removal deadlines are listed with each auction. All items must be removed by the specified date and time. Items remaining after the deadline will be considered abandoned.
Liability Removal is at the Purchaser’s expense, risk, and liability. A certificate of insurance may be required for riggers or anyone using powered vehicles. Contact Apex Power Auctions for specific insurance requirements. Apex Power Auctions is not a rigging company and cannot assist with loading or rigging.
Manner of Payment All payments shall be made payable to A2C Auctions LLC (operating as Apex Power Auctions). Full payment is required before removal of any goods.
Issuance of Titles Titles for titled assets will be mailed to the Purchaser’s address on file once payment has cleared.
Condition of Articles Sold All lots are sold “AS-IS, WHERE-IS” with no warranties of any kind. Neither the Auctioneer nor the Seller is responsible for description, genuineness, authenticity, or defects. Apex Power Auctions does not inspect lots and makes no guarantees regarding condition, operability, or safety. Purchaser assumes all responsibility for inspection and accepts all risks.
Safety Devices Purchased articles may not include required safety devices or guards. It is the Purchaser’s sole responsibility to ensure compliance with OSHA and all other regulations before use.
Indemnification Purchaser shall defend, indemnify, and hold harmless A2C Auctions LLC (including its affiliates, officers, directors, employees, and agents) and the Seller from any claims, liabilities, or damages arising from the condition, removal, or use of purchased items or failure to comply with applicable laws.
Claims No claims will be allowed after goods are removed or after the removal deadline has passed.
Responsibility for Non-Delivery A2C Auctions LLC’s sole liability for inability to deliver any lot is the return of amounts paid for that lot. A2C Auctions LLC may withdraw or add lots, end, or extend auctions without notice.
Compliance with Terms / Default Winning bidders are contractually obligated to pay and remove items by the stated deadlines. Failure to do so places the Purchaser in default. Upon default, Purchaser forfeits all rights to the property, and A2C Auctions LLC may resell the items. Defaulting purchasers will be charged a cancellation fee of 24.5% of the purchase price and remain liable for any deficiency, resale costs, storage, rigging, legal fees, and other expenses.
Risk to Person and Property Persons attending preview, sale, or removal assume all risks of damage or loss to person and property and release Apex Power Auctions and the Seller from liability.
Addition to or Withdrawal from Sale A2C Auctions LLC reserves the right to add, withdraw, group, or subdivide lots at any time.
Bidding A2C Auctions LLC reserves the right to reject any bid, set reserves (whether disclosed or not), bid on behalf of the seller up to the reserve, control bidding increments, and deny bidding privileges without explanation. Collusion or fraudulent bidding is prohibited. No returns or refunds unless expressly authorized in writing by the seller.
Records The auctioneer’s record of sale is final in case of dispute.
Independent Contractor A2C Auctions LLC acts solely as agent for the seller and is not responsible for the acts of any seller/principal.
Governing Law These Terms and all sales are governed by the laws of the State of Illinois. A2C Auctions LLC may amend these Terms at any time without notice; it is the bidder’s responsibility to review them for each sale.
Force Majeure A2C Auctions LLC shall not be liable for failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, epidemics, power or internet failures, or natural disasters.
Software and Website Disclaimers Apex Power Auctions and its online bidding platforms are provided “AS-IS.” A2C Auctions LLC is not liable for any interruptions, errors, lost bids, or damages arising from use of the website or bidding software. All bidding over the internet is at the bidder’s own risk.

By registering and bidding, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.