Accepted forms of payment are Cash and Credit Cards only. Credit Cards accepted are MasterCard, Visa and Discover Card. Sales Tax will be collected where applicable. Payment will be collected at the time of pickup. We have a buyer’s premium of 15% added to the end of your invoice. A 3% transaction fee will be charged for all credit card Transactions.

Buyers Premium

A buyer’s premium of 15%  is added to the end of each invoice this is to cover the cost of the bidding platform, marketing, administration etc.

Sales Taxes

A sales tax is applicable for items in warehouse locations unless you have a tax exempt certificate on file with our company.  You are responsible for all Sales Tax even if you have a certificate until it is approved and your invoices do not show any sales tax applied.  

Shipping Terms

We do not offer any shipping.

Governing Law

These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio. Auctions with ONLINE ONLY bidding are not subject to the Auction statute (4707) and are not under the supervision of the Department of Agriculture. Any suit relating to these Terms & Conditions shall be brought to the Court of Common Pleas in the county in which the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the arbitrator, may be entered in any court having jurisdiction therefor. In any litigation, arbitration, or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys’ fees incurred in any dispute through arbitration and appeal of and final judgement in addition to any relief to which such party may be entitled.

Terms & Conditions

Bidders are responsible for their own removal of items purchased. Items cannot be transferred to an alternate location. Therefore, it is necessary to pick up the items on the date and time stated. Any items NOT picked up by the set time will be considered abandoned. No refunds or charge backs will be granted due to lack of removal at designated times. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon payment. No items will be released without a paid receipt. Please be prepared to bring help and the correct equipment to move/load your items.

In the case of an emergency and you are unable to make it to the scheduled pickup, Please TEXT the Auction Manager BEFORE the scheduled pickup time to let them know that you are unable to make it. You are allowed to send someone to pick up your items on your behalf, but you must TEXT the Auction Manager to let them know in advance.  The person you send should have ready your bidder number and full payment.   

In the event of a discrepancy of an item, the Buyer must notify our onsite staff at the pickup, before you cross the doorway to the outside.  Once items are outside of our location, the Auction Company and Buyer agree that no adjustment or refund will be made.  

CAUTION:
Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.  Do not base your bid on the photo. Your bid should be based on the description.  

Catalog Inaccuracies: You are bidding on the described items NOT the photos. Occasionally the wrong photo is displayed or stock photo used that may be a different color/size. . Always read the item description. Photo colors vary per monitor/Smart device; therefore do not go by photo to determine color. If the description does not state a specific color, do not assume the color of item by the photo. 

Warranty & Condition of Items Sold: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. Descriptions are believed to be accurate but not guaranteed. Please bid accordingly when you are not certain of the condition, color, completion or use of an item. Should you have any questions regarding items in a particular auction, please visit us to preview the item on it's scheduled preview day, BEFORE you bid.

IMPORTANT! The Auction Company will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchase, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.  Any item not paid for by 7:00 pm EST on the scheduled pickup date, will be restocked, at the expense to the winning bidder.  A restocking fee is then due before bidding privileges will be restored.

Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.  We are unable to remove a bid.  Please use the confirmation screen to triple check item, and amount you are agreeing to. 

The Auction Company reserves the right to add or remove items from the auction - split or combine lots - add minimum bids or reserve prices - cancel, suspend, extend or reschedule an individual item and or auction event - make changes to the auction closing times or inspection or removal times.

Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Franklin County Ohio.

Liability: RELEASE AND WAIVER OF LIABILITY

Liability: The Auction Company's, Capital City Online Auctions LLC, and Seller's liability shall be limited to the refund of bidders purchase price.

Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Firm Manager/Writers/All employees from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyers, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.

The Bidder hereby waives all claims to future litigation against Capital City Online Auctions (CCOA) Firm Manager/Writers/All employees regarding my visit to these premises on any and all auction preview days, any and all auction sale days and any and all days requiring removal of purchased merchandise from these premises for the following: 1)  Accident or injury to me or damage to my property resulting from acts other than those caused by the negligence of Capital City Online Auctions & 2) Claims for loss or damage to any personal property or equipment that I may bring on to the premises.  It is further understood and agreed that I, nor any person(s) accompanying me, will attempt to operate or activate any machinery or equipment without direct permission from a representative of Capital City Online Auctions.  It is furthermore understood and agreed that, if permission for operation or activation is granted, I will assume all liability for damage and costs of repair if I, personally, or my representative(s) causes damage to the machinery, equipment, or the premises during inspection or removal.  A Warehouse/Auction site is a potentially dangerous place.  Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present.  Heavy equipment may be operated, and electrical circuits may be live.  Every person enters such 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.

ALL CHILDREN UNDER THE AGE OF 18 MUST BE WITH AN ACCOMPANIED ADULT AT ALL TIMES.  Bidders shall so advise their agents and employees. 

No person shall have any claim against  Firm Manager/Writers/All employees  for any injuries sustained or for damages to or loss of property that may occur at such site.  Neither CCOA nor Seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder, person or entity in connection with the auction.  Without limiting the foregoing, in no event shall Firm Manager/Writers/All employees liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder, person or entity has actually paid to CCOA as a deposit or as payment for a purchased item.

This Site User Agreement constitutes a binding agreement between Bidder and Firm Manager/Writers/All employees until terminated by Capital City Online Auction (CCOA), which CCOA may do at any time, without notice, in CCOA sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. CCOA reserves the right to terminate Bidder’s registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.

The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Ohio applicable to contracts entered into and to be performed entirely within the State of Ohio. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Capital City Online Auction's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

BUYER HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Manager/Writers/All employees/CCOA or otherwise while in or upon the warehouse premises for any purpose participating in any activity.

THE BUYER HAS READ AND VOLUNTARILY AGREES TO THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.

ARBITRATION

Any legal disputes, controversies, or claims involving Manager/Writers/All employees/CCOA or its auctions will be arbitrated in FRANKLIN COUNTY, Ohio  under the applicable rules of the American Arbitration Association.

I HAVE READ THIS DOCUMENT.

I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS.

I UNDERSTAND I ASSUME ALL RISK INHERENT ASSOCIATED WITH THIS AUCTION.