| Description |
Sales Tax, Disputes and Legal
Calculation of Sales Tax and disputes
Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer's Premium. If YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by Auctioneer, or YOU believe that the Buyer's Premium portion of the Contract Price should not be subject to sales tax, or you otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from the appropriate taxing authority to the extent that the same may be available to YOU.
Sales Tax is calculated based on item pick-up location.
Sales Tax in Colorado varies based on city and county.
A valid Colorado Sales Tax license must be submitted to Augie & Bear and held on file for tax exemption.
Claims
After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf, no claims or returns will be allowed, and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation.
Indemnification
YOU agree to indemnify and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.
Governing Law; Jurisdiction; Venue; Waiver of Jury Trial
These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for El Paso County, Colorado, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. YOU irrevocably and unconditionally agree that any claim, suit, or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for El Paso County Colorado; consent to the jurisdiction of such courts for any such claim, suit or cause of action; waive any objection that such party may have to the laying of the venue of any such claim, suit or cause of action in such courts; and waive any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non-conveniens. YOU waive the right to a jury trial.
Attorneys' Fees
YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys' fees incurred in enforcing their respective rights hereunder.
Acceptance of Bidder Terms and Conditions
YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that you have read these Bidder Terms and Conditions, you understand these Bidder Terms and Conditions, and you accept and agree to be bound by these Bidder Terms and Conditions.
|