Acceptance of the terms is required prior to registration for our online sales. By agreeing, the Bidder agrees that the terms listed below will govern all online sales.
1. All use of Gaston & Sheehan’s Online Auction Service (also referred to as “the Site”), is subject to the terms listed on this page and within this site, in addition to all applicable laws, regulations, statutes, and ordinances. By using this site, the Bidder agrees to be bound by all of these.
2. Gaston & Sheehan reserves the right to change these Terms and Conditions at any time, and without notice. We suggest a review of this page prior to each new auction in which you choose to participate.
3. All registration information entered into our system must be complete, accurate, and current. Providing false information, (such as a false name or incorrect contact information), may result in the bidder being permanently banned from Gaston & Sheehan’s online auction service.
4. Payment for any item won on this site must be made by cash, cashier’s check, money orders, bank wire or check with letter of guarantee within 4 business days, unless there is a specific exception listed on the site for a particular auction. Totals for any sales will include all applicable sales taxes and required fees. Failure to pay in full within four days will result in the item being relisted without notice.
5. Bidding on any item on this site is a legal contract to purchase goods. Once an offer is accepted, the Bidder cannot retract the bid, Bid retraction will result in the Bidder being banned from the site, and possibly subject to legal action.
6. All items on this site are sold “AS IS, WHERE IS.” Although Gaston & Sheehan makes every effort to verify the information before posting items for sale, we make no guarantee as to authenticity, condition, nature, quality, quantity, or size. Gaston & Sheehan provides NO WARRANTY, expressed or implied as to any item. No oral or written statements by any employee of Gaston & Sheehan should be taken as any warranty, expressed or implied. Most items are available for inspection before a sale, and Gaston & Sheehan recommends that all Bidders examine items before placing a bid. Bidder must rely on their own inspection to verify the qualities of the item. Failure to inspect an item is not grounds for the retraction of a bid, refund, any adjustment of the price, or any action against Gaston & Sheehan. Auctioneers are not responsible for the actions of any consignors/sellers, typographical errors, misprints, damage or failure of equipment, or loss of money. Use this site at your own risk.
7. At payment, the item becomes the property of the Bidder/Buyer who assumes all risk of loss or damage to the property until its removal. High bidder on the item is solely responsible for its removal. Although Buyer will be allowed to leave the items at the sale premises for a time, that time period will vary from auction to auction. Removal dates and times will be posted for each auction. After the final designated removal date, a fee of $25.00 per day will be charged. After ten days, ownership of the item will return to the Seller/consignor and the item may be resold WITHOUT NOTICE.
8. Although every effort is made to avoid the withdrawal of lots from a sale, it may sometimes be necessary. Therefore, Gaston & Sheehan and its consignors reserve the right to remove any and all items from a sale at any time. In addition, Owner/Sellers retain the right to reject any bids for any reason at their sole discretion.
9. Bidder agrees to hold harmless, defend and indemnify Gaston & Sheehan, their employees, officers, owners, agents, and affiliates from any and all claims arising from the use of this site. This shall include all losses, damages, liabilities, judgments, fees costs, and expenses stemming from or associated with the use of this site, and is includes personal injury or property damage on sale premises during removal of items.
10. Gaston & Sheehan provides online auction services as an independent contractor and is in no way responsible for statements made by other parties.
11. Gaston & Sheehan reserves the right to terminate a contract to sell at any time and for any reason, in their sole discretion. The only recourse available for any Buyer/Bidder dissatisfaction will be discontinuing use of the auction site.
12. Gaston & Sheehan reserves the right to deactivate any bidder number/ account at any time, or to restrict access to any feature of the auction site without penalty or notice.
13. Gaston & Sheehan cannot be responsible for any interruption of service, errors, or omissions caused by any means. Gaston & Sheehan does not guarantee continual, uninterrupted error-free service or use of this site. Bidder acknowledges that this site is run by hardware and software which may malfunction without warning. Gaston & Sheehan reserves the right to remedy this malfunction by extending sales, voiding sales, or suspending bidding. Any decision of Gaston & Sheehan personnel is final.
14. Bidder/Buyer agrees not to utilize any device, software routine in any effort to interfere with the proper working or transaction conducted on or during the auction sale.
15. Gaston & Sheehan gathers information about bidders, sellers, and buyers only for the purpose of conducting online auctions. We will never sell or rent your information.
16. Gaston & Sheehan uses email advertising to notify its customers about upcoming sales. Should you wish to remove yourself from our email list, please forward your request to Gaston & Sheehan and you will be promptly removed from the list.
17. Your bids create a binding contract. Once placed a bid cannot be retracted, and you will be obligated to pay the amount you bid for the item. Placing a bid, and failing to follow through with the contract is illegal in most states and prosecution may result. Gaston & Sheehan will always cooperate with local authorities in any investigations.
18. Gaston & Sheehan makes every effort to keep its site secure, however, the Bidder/Buyer is responsible for all bids placed under their number and password. If at any time you feel your information may have been compromised, you are responsible for notifying Gaston & Sheehan.
19. Bidders/Buyers agree never to copy this site, or the content it includes, without express, written permission. Bidders are forbidden to utilize a spider, robot, automated device, or manual process to copy anything from the site. Bidder agrees they will take no action to unduly burden the site.
20. This site is provided on an “AS-IS basis- without any warranty, express or implied, including but not limited to warranties of title, implied warranties or warranties of merchantability or fitness for a particular purpose, other than those which cannot be excluded, restricted or modified under the laws applicable to this agreement.
21. Bidder/Buyer is cautioned not to rely on this site for legal advice, as nothing within this site is intended as legal advice.
22. Any and all claims arising from the use of this site or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration ruled of the American Arbitration Association. Any claim shall be settled on an individual basis, and not consolidated with any other. All such arbitration shall be conducted in Pflugerville, Texas.
23. Both the Bidder/Buyer and Gaston & Sheehan are independent contractors, and there is no agency, partnership, employer, or franchise relationship created by use of the site.
24. Any disputes arising out of the use of this Site or the Site User Agreement shall be governed by the laws of the state of Texas applicable to contracts entirely created, entered into, and performed in the state of Texas.
25. Should any portion of this Site User Agreement be deemed unenforceable or invalid, only that provision shall be struck and the remainder shall be fully enforced.
26. Failure of Gaston & Sheehan to act upon a breach of the contract does not preclude the Auctioneer from acting on later, similar breaches.
27. The contents of this Site User Agreement are intended to be the entire agreement between Bidder/Buyer and Gaston & Sheehan.
28. Use of the Auction Site marks your full and final acceptance of all listed Terms and Conditions.