Terms of Service

Effective Date: August 2024

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Strickland Auctioneers website located at www.stricklandauctioneers.com and our auction services (collectively, the "Services") operated by Strickland Auctioneers ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access our Services.

Auction Services and Participation

Service Description

Strickland Auctioneers provides professional auction services including but not limited to benefit fundraising auctions, estate liquidations, business liquidations, and luxury asset auctions throughout the Dallas-Fort Worth area and Texas. Our services include consultation, valuation, marketing, auction management, and related services.

Bidder Registration and Participation

To participate in auctions, bidders must:

Be at least 18 years of age
Provide accurate and complete registration information
Agree to these Terms and any specific auction terms
Maintain the security of their bidder account
Accept responsibility for all bids placed under their account

Auction Rules

All bids are binding legal contracts. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer shall have sole discretion to determine the successful bidder or to re-offer the lot in question. The auctioneer reserves the right to reject any bid that is not commensurate with the value of the lot offered or which is not in the best interests of the consignor.

Terms for Consignors

Consignment Agreement

Consignors who engage our services agree to:

Provide clear title to all consigned items
Accurately describe the condition and provenance of items
Accept our commission structure as outlined in the consignment agreement
Allow reasonable time for marketing and sale of items
Authorize us to act as their agent in the sale of consigned property

Commission and Payment

Commission rates and payment terms are established in individual consignment agreements. Settlement payments are typically made within 14-30 business days after the auction, subject to payment clearance from buyers. We reserve the right to deduct any applicable fees, costs, or expenses as outlined in the consignment agreement.

Payment Terms

For Buyers:

Payment is due immediately upon auction conclusion unless other arrangements are made
Accepted payment methods include cash, check, credit card, and wire transfer
A buyer's premium may apply as announced at the auction
Items must be paid in full before removal
Returned checks will incur additional fees

For Services:

Consultation fees, if applicable, are due upon agreement
Commission-based services require no upfront payment
Additional service fees will be clearly communicated before engagement

Property Removal and Delivery

Purchased items must be removed within the timeframe specified for each auction, typically within 7 days of the auction date. Buyers are responsible for all costs associated with removal and shipping. Items not removed within the specified timeframe may be subject to storage fees or disposal at the buyer's expense. We are not responsible for items left beyond the removal period.

Warranties and Disclaimers

As-Is Sales

ALL ITEMS ARE SOLD "AS IS, WHERE IS" WITH ALL FAULTS. We make no warranties or representations, express or implied, regarding any item's condition, quality, merchantability, or fitness for a particular purpose. Bidders are encouraged to inspect items before bidding. Descriptions and photographs are for identification purposes only and should not be relied upon as a statement of fact.

Limitation of Liability

IN NO EVENT SHALL STRICKLAND AUCTIONEERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS RECEIVED FROM THE SPECIFIC TRANSACTION IN QUESTION.

Intellectual Property Rights

The Services and their original content, features, and functionality are and will remain the exclusive property of Strickland Auctioneers. The Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. You may not reproduce, distribute, or create derivative works from any content on our website without express written permission.

Prohibited Uses

You may not use our Services:

For any unlawful purpose or to solicit others to perform unlawful acts
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To interfere with or disrupt the Services or servers or networks connected to the Services
To attempt to gain unauthorized access to any portion of the Services
To engage in bid manipulation, phantom bidding, or other fraudulent activities
To misrepresent your identity or affiliation

Indemnification

You agree to indemnify, defend, and hold harmless Strickland Auctioneers and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

Dispute Resolution

Any dispute arising from these Terms or your use of our Services shall be governed by the laws of the State of Texas without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Tarrant County, Texas. Any disputes shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

General Provisions

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and Strickland Auctioneers regarding our Services and supersede any prior agreements.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide notice prior to any new terms taking effect. Your continued use of our Services following the posting of any changes constitutes acceptance of those changes.

Contact Information

For questions about these Terms of Service, please contact us:

Strickland Auctioneers Email: info@stricklandauctioneers.com Phone: 817-381-5543 Website: www.stricklandauctioneers.com