| DL&PS Auction Services is pleased to partner with Martin's Tools and More and Recycling of East Texas on this great line-up. This auction contains new and used tools, equipment, appliances and much more and all lots will sell absolute to the highest bidder. Most of these lots are new or like-new overstock and surplus items from big name retail outlets! Online bidding begins Monday, 3/25/24 at 9:00am. Online bidding ends Thursday, 4/4/24 at 10:00am. Preview and pickup will be at 1122 West 5th Street, Tyler, TX. For convenience, we will also have a pickup location at the DL&PS Auction Services facility in Dayton, TX the week of April 15th. Auction contact, Les Hankamer - 936-641-2826 or Marin Gomez, 903-941-9200. |
TERMS & CONDITIONS
General Info
Dayton Lease & Pipeline Services, Inc (dba DL&PS Auction Services), herein referred to as auctioneer, reserves the right to deny or revoke any buyer at any time, without notice or consent at their sole discretion. Auctioneers at their discretion will have the final say as to disputes among bidders. Auctioneer reserves the right to add or remove items from the auction and make alterations to any auction items or terms & conditions at any time. Announcements posted from the auction block will take precedence over all printed matter and advertising. This auction is absolute, and all lots will sell to the highest bidder.
Location
The items in this auction are located at 1122 West 5th Street, Tyler, TX 75702. Pick up contact will be Martin Gamez 903-941-9200. There will be a pickup date also at the DL&PS Auction Services facility located at 2259 Hwy. 146, Dayton, TX the week of April 15th. Please designate pickup location when making payment.
Buyer’s Premium
This auction is online only! The buyer’s premium for online bidders will be 15% with cap at $1,500. This amount will be added to the hammer price.
Shipping
NO SHIPPING PROVIDED – BUYER MUST MAKE THEIR OWN ARRANGEMENTS IF THEY DESIRE SHIPPING. AUCTIONEER WILL NOT PACKAGE OR HANDLE ANY ITEMS. AUCTION COMPANY CAN PROVIDE THIS SERVICE FOR AN ADDITIONAL FEE IN CERTAIN CIRCUMSTANCES.
Settlement Terms
All purchases must be settled on Sale Day or within 1 business day following the sale close, and prior to removing any items. Auctioneer is granted authority to charge the credit card on file for the balance due if payment is not received within the terms above or in the event a buyer fails to pay. A handling fee will be charged for all credit card transactions. The only payment forms accepted are cash and credit cards. Please let the auction company know desired payment method at the end of the auction. Cash will only be accepted on sale day and the following business day, unless other arrangements are made in advance. No checks will be accepted for this auction.
Sales Tax
State, county, and local sales tax applied to invoice total, including buyer’s premium. If applicable, offroad diesel vehicles over 50 hp will be charged TERP tax fee, required by the Texas Comptroller’s Office. All Sales will be subject to State and Local Sales Tax Laws set forth by the Texas Comptrollers Office.
Tax Exemptions
Any person with a Texas Resale Tax Exemption must present it at auction registration or before checking out.
A person claiming an exemption from sales tax for farm use on certain items is required to have a Texas Agriculture Exemption registration number. The following items DO NOT qualify for sales and use tax exemption for agricultural production. Tax exemption certificates must match the name on the invoice. Tax will be collected on all items that are not listed as exempt by the Texas Comptroller's Office.
- Automotive parts, such as tires, for vehicles licensed for highway use, even if the vehicle has farm plates
- Construction materials utilized for housing, storage, or workspace (examples include general storage barns, sheds or shelters)
- Clothing, including work clothing, safety apparel and shoes
- Motor vehicles and trailers
- Computers and computer software used for any purposes other than agricultural production
- Pet food
- Furniture, home furnishings and housewares
- Taxable services such as nonresidential real property repairs, golf carts, dirt bikes, dune buggies and go-carts remodeling, security services and waste removal
- Guns, ammunition, traps and similar items
- * See www.comptroller.texas.gov/taxes/ag-timber/.
Liability
ALL BIDDERS AT THE AUCTION SITE ARE THERE AT THEIR OWN RISK. BIDDER AGREES THAT THE AUCTION SITE IS POTENTIALLY DANGEROUS WITH MOVING EQUIPMENT AND OTHER HAZARDS. ALL PURCHASES ARE MADE AT THE BUYERS DISCRETION. NEITHER DAYTON LEASE & PIPELINE SERVICES (dba DL&PS AUCTION SERVICES), ITS MANAGEMENT, PARTNERS, EMPLOYEES, SUBSIDIARIES, SALE MANAGEMENT, AUCTIONEERS, CONSIGNERS, OR ANY OTHER PARTY WILL BE RESPONSIBLE FOR ANY ACCIDENTS, INJURY, OR ILLNESS THAT OCCURS ON ANY PROPERTY OR SALE SITE UNDER IT’S CONTROL. BY ACCEPTING THESE TERMS, THE BIDDER AGREES TO INDEMNIFY AND HOLD HARMLESS DAYTON LEASE & PIPELINE SERVICES, INC (dba DL&PS AUCTION SERVICES), ITS MANAGEMENT, PARTNERS, EMPLOYEES, SUBSIDIARIES, SALE MANAGEMENT, AUCTIONEERS, CONSIGNERS, OR ANY OTHER PARTY REGARDLESS OF FAULT FOR ANY ACCIDENT OR INJURY WHERE A LOSS MAY OCCUR.
NO WARRANTIES. ALL ITEMS ARE SOLD AS/WHERE IS WITH NO WARRANTY OR GUARANTEES EXPRESSED OR IMPLIED. ALL SALES WILL BE CONSIDERED FINAL AND WITHOUT RECOURSE.
IN THE EVENT OF ANY LEGAL DISPUTES, THE CHOICE OF VENUE SHALL BE LIBERTY COUNTY, TEXAS.
Inspection
We encourage all prospective bidders, live or online, to inspect all items before bidding. All items will be available for onsite inspection prior to the sale and typically several days in advance. Although there are NO GUARANTEE'S or WARRANTY OF ANY KIND, these items have been checked out by the seller and were in working order when checked out, unless otherwise stated. Bidders will not be entitled to any allowance, adjustment, damages, or any other remedy regarding the condition of items purchased. While the Auctioneer makes every effort to honestly represent auction items, is Soley the Bidders responsibility to determine condition, age, genuineness, value, or any other determinative factor. Hours are listed as shown on equipment. Auctioneer does not guarantee authenticity of listed equipment hours nor will be responsible for any errors or omissions in the description of the merchandise.
Online Bidding
The Auctioneer is providing online bidding as a service to both Bidder & Seller. If service is interrupted or a communication error occurs, under no circumstances shall Bidder or Seller have any kind of claim against Auctioneer financially or otherwise.
International Buyers
International buyers are always welcome but may have additional requirements at registration in order to bid.
Risk of Loss
The Buyer is responsible for their items once the online auction closes. Buyer assumes all risk and holds neither DL&PS Auction Services nor Seller harmless of any liability resulting from theft, accidents, or fire. The Buyer agrees to obtain full liability insurance coverage as may be required by law.
Titles
Titles are not available on sale day and will be mailed to the purchaser approximately 10 business days after satisfactory settlement. No items will be sold in auction unless the title is present before the auction. No titles will be available if vehicles are marked 'No Title'.
Loading / Shipping
The Buyer is responsible for all shipping logistics and costs. All items must be removed and paid for by Friday, April 5, or April 8-10, 8 a.m.-5 p.m. There will be an alternate pickup location at DL&PS Auction Services facility the week of April 15th. DL&PS Auction Services or employees are not responsible for loading or unloading equipment but will assist you with your equipment. We are not responsible for securing loads.
Agency
The Auctioneer is an agent of the seller and has completed a consignment contract with the seller. All auctions are with Reserve, unless stated otherwise. The Auctioneer is permitted to place bids on behalf of seller or an absentee bidder at their sole discretion. Auctioneer is granted access to preview all bids placed during auction, including proxy bids.
Reserve Bids
This auction is with reserve. At the conclusion of bidding, all items will be marked as either sold, reserve not met, or pending call.
- If a lot is placed on a pending call, the highest bidder will be responsible for the bid price until the item is either marked sold or passed.
- THE HIGHEST BIDDER ON A LOT MARKED “PENDING CALL” WILL BE RESPONSIBLE FOR THE BID PRICE IF THE SELLER ACCEPTS THE PRICE.
DL&PS Auction Services, a full-service auction company specializing in selling construction equipment, industrial equipment, and farm/ranch equipment. Please contact one of our Auctioneers at 1-936-258-4859 to discuss your auction needs.
