All items offered for sale at any Accelerated Real Estate Solutions (ARES) auction ("Items," "Property," "Purchases") are subject to the following Terms and Conditions of Sale. These Terms and Conditions, combined with any auction-specific terms as posted in marketing materials and on the auction website, constitute the Complete Terms and Conditions of Sale. By registering for and participating in any ARES auction, all bidders agree to be bound by these Terms and Conditions.
1. As-Is, No Warranty
All items are sold as-is with no warranty of any kind. ARES shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items prior to bidding is strongly recommended.
ARES makes every reasonable effort to provide accurate descriptions and photographs of items offered for sale. However, neither ARES nor its clients assume responsibility for bidder errors. Descriptions and photos are offered as a guide only. Do not rely solely on photographs to make bidding decisions. Read all descriptions carefully and ask questions before bidding. Buyers are advised to inspect all items prior to placing a bid. ARES shall not be held responsible for posting an incorrect photo for an item. When in doubt about the condition of an item, bid accordingly.
Buyers are advised to take advantage of any preview or inspection opportunity as announced in the auction details. An auction manager may be available by appointment to facilitate previews.
2. Governing Law and Jurisdiction
Bidder understands and agrees that this agreement and all rights of the parties hereunder shall be governed by the laws of the County of Williamson, State of Tennessee. Any action brought by either party shall be brought in the Courts of the State of Tennessee. In the event the agreed forum is deemed inconvenient or unenforceable, it is still the intention of the parties that the laws of the State of Tennessee govern their agreement and all rights thereunder. Buyer agrees that any legal action filed will take place within the County of Williamson, City of Franklin, State of Tennessee.
3. All Sales Final
A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns, or exchanges.
4. Absence of Warranties
The condition of items offered for sale varies. The Buyer understands and agrees: (1) that any description or sample of items provided by ARES is solely for identification purposes and does not create any expressed or implied warranty that the item conforms to such description or sample; (2) that the Buyer, or an agent on the Buyer's behalf, has inspected or had the opportunity to inspect all items prior to bidding; (3) that all items are purchased and accepted by Buyer "AS IS," "WHERE IS," and "WITH ALL FAULTS."
ARES MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER WRITTEN, ORAL, OR IMPLIED, AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT, OR TRADE SECRET INFRINGEMENT. In the event manufacturer warranties are in effect for any purchased item, the Buyer must make all claims directly with the warranty provider.
5. Bidder Number
Each bidder's registered number is nontransferable. All bids placed using a bidder number, whether online or in person, are the sole responsibility of the registered Buyer to whom that number was assigned.
6. Buyer's Premium
A 15% buyer's premium will be applied to all Personal Property Auctions and a 10% buyer's premium will be applied to Real Estate. The buyer's premium percentage applicable to each auction will be clearly posted in the auction details prior to bidding. The buyer's premium is added to the winning bid to determine the total invoice amount.
7. Payment
By agreeing to these Terms and Conditions, the Buyer agrees to allow ARES to charge the credit card on file for winning invoices at the close of the auction, unless the invoice total exceeds $2,500 or the purchase is for a titled unit. Invoices over $2,500 must be paid by wire transfer or cash within 48 hours of the close of the auction. All major credit cards are accepted for invoices under $2,500.
All payments for gold, silver, and/or titled vehicles must be made via certified funds or wire transfer, regardless of invoice amount. No exceptions will be made for these item types.
8. Nonpayment
Any declined credit card payment must be resolved within two (2) business days by contacting the ARES office and paying with a valid credit card, cash, or check. If payment is not successfully received within two (2) business days, the Buyer will be liable for any damages resulting from non-performance, including costs incurred by ARES and the seller.
9. Failure to Remove Purchases
Items not retrieved by the Buyer on the scheduled pickup day will be deemed abandoned and will become the sole property of Accelerated Real Estate Solutions (ARES). The following circumstances constitute abandonment: (1) items not retrieved from the specified pickup location with an unpaid invoice; (2) paid items requested to be shipped but for which shipping remains unpaid for more than 10 days after the auction closes. ARES shall be entitled to recover all costs associated with the removal, storage, and resale of abandoned items, including attorney fees and costs incurred in enforcing the Buyer's obligations.
10. Personal Information
It is the Buyer's responsibility to ensure that all personal information provided at registration (name, address, phone number, and email address) is accurate and current. ARES uses this information for shipping and communications. ARES is not responsible for correcting inaccurate information and is not liable for any delays or failed delivery resulting from information provided incorrectly by the Buyer.
11. Online Bidding
If you are bidding online, please note that ARES may, without notice, withdraw, extend, or rearrange any item at its sole discretion at any time and will not be liable for any computer, internet, or website malfunctions. In an online-only auction, bids placed within the final minute of closing will automatically extend the bidding period to prevent bid sniping and ensure a fair competitive process.
12. Shipping
Buyer is responsible for all applicable shipping charges. Shipping costs will be added to the total invoice (hammer price plus buyer's premium plus applicable sales tax). ARES uses a third-party shipping provider who will contact winning bidders by text or email to confirm shipping needs. Please respond promptly and allow 7 to 10 days for a shipping invoice to be issued. A tracking number will be provided once the shipping invoice is paid.
13. Nonpayment of Shipping
ARES will not refund any purchase for failure to pay shipping. If a shipping invoice remains unpaid for more than 48 hours, the item will be considered abandoned and will become the sole property of ARES.
14. International Buyers
International buyers are solely responsible for all applicable customs fees in addition to international shipping costs. Depending on the item, USPS International or a carrier such as UPS/FedEx International may be used.
15. Firearms
IT IS THE BUYER'S RESPONSIBILITY TO KNOW, UNDERSTAND, AND COMPLY WITH ALL APPLICABLE STATE AND FEDERAL FIREARMS LAWS. All firearms purchased at auction by a non-Tennessee resident must be shipped to a licensed FFL dealer in the buyer's state. The buyer is responsible for all shipping, background check, and transfer fees. Please contact ARES and provide the contact information for your preferred FFL dealer prior to the close of the auction.
16. Right to Bid on Behalf of Owner
Notice is hereby given that Accelerated Real Estate Solutions (ARES) and its auctioneers have the right, in accordance with Tennessee State law, to bid on any auction on their own behalf or on behalf of the property owners or their estate. Any such bidding on behalf of the owner shall not exceed the established reserve price for the item.
