March 1st, 2023  

To Include Heavy Equipment, Trucks, Farm Equipment, Implements, Attachments, Trailers

This is a Live Simulcast Auction with All Bidding Online. 

Quick Overview of Terms:
•    When you register to bid & check to agree to these terms you are entering a binding contract. 
•    All Items are Sold “As-Is” with no Warranty & all sales are final.
•    A 10% Buyers premium applies to all items purchased. 
•    Inspections are encouraged. 
•    Payments are due at the close of the auction and no later than 2 days after the closing time. 
•    You must be 18 years of age to bid. 
•    Sales tax will apply to all purchases unless a resale certificate or ag exempt card is presented and on file. 
•    You have 10 business days to remove your purchased items after the end of the auction or storage fees will apply. 
•    If you purchase a titled item, a $50 processing fee will apply, and title will be sent by mail no later than 10 days after the auction. 

Please read below for complete terms and conditions:

Terms & Conditions:
By registering to participate in a Tri-Star Auction Group, LLC auction and by obtaining a bid number, the individual (Bidder), who submits information and checks to accept the terms and conditions has agreed to be bound by all written Terms and Conditions contained herein as well as by any announcements made at the sale. Bidder, whether acting as principal, agent, officer, or director of a company or otherwise and the company he represents are bound by these terms and conditions. 

Buyers Fees:
A 10% Buyers premium will be charged on each purchase. A buyer’s premium, an advertised percentage of the high bid or flat fee added to the high bid will be added to the high bid and become part of the purchase amount at settlement.  Buyer agrees to these provisions and will pay the applicable buyer’s premium. A title processing fee of $50.00 will be added to each titled vehicle. All titles will be filled out to the buyer of the titled item. Buyers’ fees are calculated per item on last and final bid. 

 
Payment Terms:
Settlement in U.S. Funds is to be made at the conclusion of the auction and no later than (2) business days after the conclusion of the auction. 
Purchased items will not be released until the total purchase price has been fully paid.  Upon payment in full the successful buyer will receive a paid invoice with pickup information and a load out invoice. A Buyers’ Fee (based on hammer price of item) will be added to all invoiced purchases. Purchaser must pay all state and local sales tax on an item when applicable. Under Tennessee tax laws and regulations, there is currently no exemption unless you have a valid resale/farm tax exemption certificate.  Resale or farm exemptions certificates must be present when registering for the auction. 
Payment will be accepted by cash, check, cashier’s check, wire transfer or ACH. A Bank Letter of Guarantee drawn on a U.S. Bank addressed to Tri-Star Auction Group, LLC must accompany all checks over the amount of $2,000. VISA, MasterCard, Discover and American Express will be accepted on purchases under $5,000 (a 3% Admin Fee will be added to all credit card purchases). International Buyers must pay by wire transfer or ACH.  If balance is not paid in full by two (2) calendar days from the ending date of auction, a late fee in the amount of $100 per day will be added to the invoice.

Age Requirement: 
All bidders must be 18 years of age or older.

Bidder Information and Security:
All registration information the bidder provides to Auctioneer shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Auctioneer if they feel that their bidder number and password have been compromised.

Auction Catalog:
The listing of all items herein is a guide only and is based on information given to Auctioneer, but its accuracy is not guaranteed or warranted. Auctioneer is not responsible for any errors in description or condition. Terms of no warranty sales: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All bidders are encouraged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Auctioneer or Seller for any errors or omissions.
The hour meter readings or odometers are added to descriptions simply for convenience and are listed as they are shown or “showing” on the meter. 
ALL SALES ARE FINAL

Interruption of Service:
Auctioneer cannot, and will not, be held responsible for any interruption in service, errors and/or omissions caused by any means.  Auctioneer does not guarantee continual, uninterrupted or error free service onsite or with any online-bidding platforms. Bidder acknowledges that the online-bidding portion of this auction is conducted electronically and relies on computer hardware and software that may malfunction without warning.  Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell items that were affected by a malfunction. The decision of Auctioneer is final.

Bidding:
Our site utilizes multiple bidding options. Pre-bidding, live bidding, and automatic bidding. Automatic Bidding (Max Bid) makes bidding convenient allowing you to enter the maximum bid amount that you are willing to bid on an item. Based on your Account Preferences for notification, you may be notified whenever your auto bid increases &/or when it is exceeded. Your max bid will not “skip” to the maximum amount. The max bid will advance up only with competing bids until either the item completes with you as the high bidder, or until your auto bid has been exceeded by another bid. If another bidder already has an auto bid in place when you place your auto bid, the (2) competing auto bids will continue to increment until either the lower auto bid is maxed out; or if both auto bid amounts are the same the auto bid that was placed first will become winning position of the bid. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. Anyone bidding for an account other than his or her own must obtain a separate bid number for that account. The bidder offering the highest bid accepted by the Auctioneer shall be the “Purchaser” of the lot being sold and may not retract his bid. Purchaser will not be entitled to any adjustment, allowance, rescission, or damages or any other remedy regarding the condition of any item purchased. 

Posted closing times and displays of TriStar Auction Group’s current time are approximate. TriStar reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last-minute bid. All times are based on the Time Zone where the auction is located. During some timed auctions on this site an auto extend of timing will be in place. The auto extend on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 1-5 minutes of bidding inactivity.
Auctioneer reserves the right to add or withdraw property from the auction, and/or regroup items. Auctioneer reserves the right to sell property absolute or with reserve, at Sellers discretion.  The Seller does have the right to make the final bid and the Auctioneer does have the right to bid on behalf of the Seller.  The auctioneer reserves the right to open the bid as the result of a tie bid or discrepancies in the bid.  Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. All titles will be assigned to buyer.

Risk of Loss:
All risk transfers to the purchaser at the fall of gavel. Purchaser agrees to obtain full liability insurance coverage for the item as may be required by law.

Tennessee Sales Tax:
A 9.75% tax rate (2.75% local & 7.0% state) will be applied to ALL taxable items. All dealers must present certificate of resale upon registration to bid in order to claim exemption of sales tax.

Failure to Settle:
Any purchase not paid in full by the 6th calendar day from date of sale will be considered in default and will incur additional fees of $100 per day. In the event Purchaser fails to settle or fails to comply with any Terms, Auctioneer shall take possession of all Purchases and, at Auctioneer’s sole discretion, have the right to resell such Purchases without notice to Purchaser. Should resale take place, original Purchaser will be responsible for any deficiency arising from the resale, a 10% commission to Auctioneer, any failure to settle and/or storage fees and any legal costs incurred. To the extent permitted by law, you will also be required to pay Auctioneers’ collection expenses, including costs associated with the use of a collection agency, court costs and reasonable attorney’s fees.

Titles:
A $50.00 administrative fee will be added to the purchase price of all titled items.  Titles will be mailed via Certified U.S. Mail in ten (10) banking days from date of satisfactory settlement.

Removal and Storage:
All purchased items must be removed from Auction Site within ten (10) business days of sale. Upon being the successful high bidder, once payment has been received in full your name and contact may be sent to the seller of the items for arrangement of pickup. All items remaining after that date will incur a storage fee of $25 per day per item. Storage fees will continue per day up to 30 days after original purchase date. Items remaining on Auction Yard or place of sale past 30 days will be considered abandoned and Auctioneer may resell all items per terms under Failure to Settle section above. Storage fees will continue per item per day until that item is resold.

Hold Harmless:
The Bidder expressly agrees to indemnify and save the Auctioneer, Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of Auctioneer, or anyone acting in his/her behalf in connection with or arising out of auction, except that the Bidder shall not be responsible to the Auctioneer for damages caused by or resulting from the Auctioneer’s sole negligence.

Auction Site and Inspection Sites:
ALL INDIVIDUALS AT THE AUCTION SITE ARE PRESENT AT HIS OR HER OWN RISK. Bidder agrees the auction site or inspection site is potentially dangerous because of heavy equipment operation, electric circuits and presence of flammable, corrosive or pressurized liquids or other materials. Bidder shall warn its agents, employees, or any other persons accompanying Bidder of these possible dangers. Regardless of cause, Auctioneer or its agents will not be responsible for any injury or death to anyone at the auction site.

Removal Hours: 
Monday – Friday 9:00am until 5:00pm