Terms and Conditions for Diamond Bar Genetix LLC.
Please read the terms carefully as they are a legal binding contract between yourself and/or your assigns and DIAMOND BAR GENETIX LLC. We encourage you to inspect the items in person. If purchases are not settled within 3 business days of the close of the auction,
it is in default. Upon default the bidder will be blacklisted on DIAMOND BAR GENETIX LLC and will be charged for the merchandise. Defaulted items will be forfeited back to the owner(s) or DIAMOND BAR GENETIX LLC. No refunds will be given.
Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time.
DIAMOND BAR GENETIX LLC reserves the right to cancel any auction at any time for any reason.
Payment for auction purchases by Cash, Certified Funds made payable to DIAMOND BAR GENETIX LLC, Bank Wire or credit cards up to $2500 max. A 4% credit card fee will be charged on your transaction for credit card payment. Amounts over $2500 must be paid by another form of payment listed above. All accounts must be paid for within 3 days of the auctions ending unless special terms are posted on a specific auction.
If there is a Specific Buyer’s Premium, it will be notated on the Auction and added to the final bid price. Sales tax collected unless you provide DIAMOND BAR GENETIX LLC with a copy of your tax exempt form.
Vehicle Titles: Handled solely between the Buyer(s) & the Seller(s). Any vehicle purchased will require that Buyer’s and Seller’s communicate regarding preparation the title work for the purchaser. Payment of transfer regarding fee(s) for transfer between Buyer(s) & Seller(s) is at the responsibility of the Buyer(s) and paid to the Seller(s). NOTE: DIAMOND BAR GENETIX LLC does not own vehicles and/or equipment and/or merchandise consigned to our sales. The Seller(s) understands that any claims from descriptions, condition, miles, etc. are between the Owner (Seller[s]) and the Buyer(s). DIAMOND BAR GENETIX LLC does not guarantee year, make, model, miles, hours, running condition, physical condition of any item in our sales. You, the Buyer(s) are responsible for inspecting the assets in person and making your own determination as to the condition of the item you are bidding on. The description is NOT guaranteed by DIAMOND BAR GENETIX LLC nor the seller. AS IS, WHERE IS. The only exemption is non Alabama residents which require an Alabama drive out form to be executed by the purchaser and licensed Alabama Automobile Dealers. DIAMOND BAR GENETIX LLC shall require a copy of the Buyer(s) dealer license, if a dealer is to purchase goods.
Seller(s) shall handle title work and provide a copy to the Buyer(s) within 30 business days of payment. Dealer titles and out of state Buyer(s) shall be mailed (certified) the actual title within 30 business days from final payment.
The State of Alabama does not title vehicles 35 years old and older. Vehicles 35 years and older will come with an Alabama Bill of Sale only and a letter from the State of Alabama stating our title laws exempting these vehicles. Boat trailers are also exempt from titles in Alabama.
Items: NOTE: DIAMOND BAR GENETIX LLC does not own items and/or equipment and/or merchandise consigned to our sales. The Seller(s) understands that any claims from descriptions, etc. are between the Owner (Seller[s]) and the Buyer(s). DIAMOND BAR GENETIX LLC does not guarantee any statements and/or descriptions nor photos of any item in our sales. You, the Buyer(s) are responsible for inspecting the assets in person and making your own determination as to the item and condition of the item you are bidding on. The description is NOT guaranteed by DIAMOND BAR GENETIX LLC nor the seller. AS IS, WHERE IS.
Bidding Info: When you bid your max the current bid price does not automatically go to
your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. This auction has what is called an auto extend feature, meaning the auction will not close until all bidding parties are satisfied. If any bids are placed within the last 5 minutes of the auction, the bid on lot(s) will extend for 5 minutes. The bidding will extend in 5 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 5 minutes.
DIAMOND BAR GENETIX LLC have put forth every effort to make accurate description of the items. Printed or verbal statements made by staff are matters of opinion and are made in good faith. However, all items are sold As Is Where IS. You are responsible for your own inspection during inspection periods. No allowance will be made for errors in cataloging, genuineness, defects, or imperfections not noted. No refunds. DIAMOND BAR GENETIX LLC reserve the right to reject any and all bids for any reason.
All auctions are considered with reserve unless they are titled absolute. This is an auction with reserve. The Seller(s), Owner(s), Representative(s), Bank or Lien Holder(s), or any government agency having an interest in the items in this sale reserve the right to bid on behalf of the Seller(s) up to their reserve amount.
Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account.
When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. We gather aggregate information from this web site which may include but is not limited to: number of page visitors, most visited pages, any and all correspondence.
CREDIT CARD POLICY: DIAMOND BAR GENETIX LLC requires that you use a valid credit card in order to set up a bidding account. By registering with your credit card, you, the purchaser agree to the following credit card terms:
1. I, the buyer hereby authorize DIAMOND BAR GENETIX LLC to charge my credit card that I have set up my bidder account with, for the full amount of my bill plus a 4% card transaction fee, if I do not settle my unpaid account within 3 business days of the sale’s ending.
2. I, the buyer, understand the terms of the auction including pickup and payment dates and timelines, and agree that I have placed bids with the intent and am agreeable to abiding by the set terms and conditions.
3. I, the buyer, have been given the opportunity to inspect the items in person and understand DIAMOND BAR GENETIX LLC is selling the items in AS IS, WHERE IS, condition.
4. I, the buyer, hereby agrees to authorize DIAMOND BAR GENETIX LLC to charge my credit card for my purchase(s) plus the 4% transaction fee in the event that I do not show up to pickup my items in person and not make other payment arrangements. I also agree that DIAMOND BAR GENETIX LLC is not responsible for handling, moving or storing the items I have purchased and that I risk the chance of those items being stolen or damaged if left behind.
5. I, the buyer, hereby agrees to not challenge or deny payment to the DIAMOND BAR GENETIX LLC for purchases made with the credit card that I have placed on file with DIAMOND BAR GENETIX LLC. I fully understand the terms and conditions of the sale and hereby agree to this Credit Card Policy or I will not place bids with DIAMOND BAR GENETIX LLC and/or sales website.
Items are not functionally tested and no guarantees regarding condition or operability are by DIAMOND BAR GENETIX LLC. It is the responsibility of the Bidder(s) to inspect the item(s), prior to bidding, and make his or her own assessment as to the item(s) condition and suitability for Bidder(s) use. Everything is Sold AS IS without warranties or refunds.
Personal Property: a 5% or 15% internet fee + 1.5% Ag Tax (Alabama Residents) will also be added to the winning bid.
Note: We DO NOT accept Credit Cards or Debit Cards at the Sale Site.
*All Bidder(s) must have a valid credit card on their account. Failure to keep a valid card on your account may result in the account being blocked from bidding until the issue is resolved and/or banned altogether.
ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out or related to the Auction, offering or sale of the Property, or any matter related to the Overall Transaction and involving Seller, Bidder, Buyer, or Auctioneer, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of this agreement to arbitrate, will be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except as provided by applicable law for the judicial review or enforcement of arbitration decisions. The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc., or its successor, and decided by a panel of three (3) independent arbitrators, except that a Party may elect to reduce the number of arbitrators from three (3) to one (1), unless that election is opposed by another Party in a written objection timely filed with JAMS. Judgment on the arbitration award may be entered in any court having jurisdiction.
THE PARTIES WAIVE THE RIGHT TO ANY LEGAL ACTION AND TRIAL BY JURY. The costs of arbitration, including the fees and expenses of the arbitrators, but not including the Parties’ attorneys’ fees, will initially be paid equally by them. The prevailing Party will be entitled to collect from the other its full costs associated with the arbitration, including reasonable attorneys’ fees. All aspects of any arbitration will be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the Parties will jointly move the court entering judgment on the arbitration award to so order.
Any arbitration must be commenced within one (1) year from the date when the cause of arbitration accrues, or it will be forever barred. The right of arbitration will accrue, and the one (1) year limitation period will begin to run, on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered.
To the fullest extent allowed by law, neither Seller nor Diamond Bar Genetix LLC. will be liable for any consequential, exemplary, incidental, indirect, punitive, or special loss or damage (including, but not limited to, damage to property or loss of use, time, income, or profits) that might arise out of the Auction, offering or sale of the Property, or any matter related to the Overall Transaction. Seller’s and Diamond Bar Genetix LLC. total and collective liability and responsibility of every kind to a Bidder or Buyer (including, but not limited to, claims in contract, tort, and otherwise), in relation to the Overall Transaction, will not exceed the amount that Bidder or Buyer paid to access the Auction Website.
CHOICE OF LAW, JURISDICTION, AND VENUE: Any issue or matter arising out of, or related to, the Overall Transaction will be exclusively construed and governed in accordance with the laws of the State of Alabama without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the Parties will be the County in which the property purchased resides, in the State of Alabama.
MISCELLANEOUS: The Terms of the Auction will bind Bidders, Buyers, and their respective agents, assigns, attorneys, beneficiaries, brokers, directors, distributees, employees, executors, heirs, legatees, members, officers, representatives, shareholders, and successors. No deletion, modification, supplement, or waiver of any provision of the Terms of Auction will be made, except by Auctioneer’s written addition, deletion, or revision published before the commencement of the Auction. Time is of the essence of all requirements set out in these Terms of Auction and failure by Bidder or Buyer to timely and fully perform will be a material breach.
Additionally:
1. ALL BIDS ARE SUBJECT TO ACCEPTANCE DIAMOND BAR GENETIX LLC. (“DIAMOND BAR GENETIX”) NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY DIAMOND BAR GENETIX LLC. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF DIAMOND BAR GENETIX LLC.
2. IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.
3. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
4. ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY DIAMOND BAR GENETIX LLC.
5. DIAMOND BAR GENETIX LLC. HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN DIAMOND BAR’S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.
6. DIAMOND BAR GENETIX LLC. SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.
7. BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY DIAMOND BAR GENETIX LLC AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS OF DIAMOND BAR GENETIX LLC INVOLVED AS WELL AS THESE TERMS AND CONDITIONS.
8. ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY DIAMOND BAR GENETIX LLC.
9. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.
10. TIME SHALL BE OF THE ESSENCE.
11. THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY DIAMOND BAR GENETIX LLC, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER.
