Stop & Stor Bensonhurst Auction Terms
1. Scope of Sale
Stop & Stor, its subsidiaries, employees, affiliates, and agents conduct this auction pursuant to New York State Lien Law Section 182.
Stop & Stor does not sell as part of the auction firearms and ammunition alcoholic beverages toxic materials, including gas and kerosene explosives, including fireworks prescription drugs or samples of prescription drugs personal items and other items of sentimental value, including but not limited to birth, death or marriage certificates, last wills and testaments, wedding or family photographs, diaries, or the like any items, the possession of which is contrary to law items which are subject to a trademark counterfeit property and items containing personally identifiable information such as medical records, legal records, mortgage records, and records containing social security numbers, dates of birth, financial information, access codes, and bank information. Buyer agrees that should it be determined or discovered after the sale, that items of the like and kind described above or items containing personally identifiable information were sold in auction, buyer will immediately return said item(s) to Stop & Stor. Under no circumstances may the buyer sell, distribute, publish, give away, discard, or disseminate, in any respect, said item(s) or any personally identifiable information that may be contained in items that were sold in the sale. Any items of a dangerous or illegal nature shall immediately be turned over to law enforcement authorities.
Buyer acknowledges that Stop & Stor may recall the sale at any time. Should the sale be recalled, buyer agrees to promptly return the property in buyers possession in exchange for return of the money paid at auction for the property. Buyer agrees that any damages suffered for a recalled sale shall be limited to the amount paid at auction for the goods.
Stop & Stor will endeavor to hold and keep confident the identity of the Buyer. However, it may be necessary for Stop & Stor to disclose the identity and contact information of the Buyer in conjunction with a claim, lawsuit, or legal proceeding relating to the auction or for some other compelling and necessary reason. Prior to disclosing the identify and contact information of buyer, Stop & Stor will take reasonable efforts to advise buyer that Buyers name and contact information is to be disclosed to a third party. (A properly addressed letter to the address indicated on the Auction Sign-In Sheet signed by Buyer shall constitute a reasonable effort.) By participating in the auction, Buyer consents to the disclosure of Buyers name and contact information under the circumstances described above.
2. Sale Particulars
The auction time is approximate. However, every effort will be made to maintain the published times.
The doors to the unit will be opened and visual inspection of the unit can be made at that time. Buyer cannot enter the unit and may not open boxes, cabinets or drawers.
Buyer is bidding on all items in the unit.
All purchased items must be removed from the unit within a reasonable time after the sale but, in no event, take more than 72 hours after the sale is complete. Should Buyer be unable to remove the item(s) within 72 hours after the sale, or wish to keep the item(s) in a unit or at the facility for more than 72 hours after the sale, Buyer will be required to execute an occupancy agreement to rent a unit different than the unit he/she has purchased to store the remaining items and pay the required rent.
The successful winner of the unit (referred to herein as Buyer) must go to the management office and pay for the purchased unit(s) in cash. No credit cards or checks will be accepted. If Buyer is unable to make full payment of the auction price, the sale of that unit or units will be declared void and the unit or units will be given to the next highest bidder at Stop & Stor discretion.
Buyer must have a current sales tax certificate on file with Stop & Stor or Buyer will be charged sales tax.
Stop & Stor reserves the right to cancel any bids considered unreasonable by the auctioneer and cancel the auction for good cause.
Stop & Stor reserves the right to bid at the auction.
Buyer will be charged a $200 cleaning deposit. Buyer may not use the dumpsters at the storage facility. Buyer must make sure that the unit is totally cleaned out for buyers deposit to be refunded.
Buyer acknowledges that if he/she does not remove all items purchased on or before the 72 hours following the sale, he/she will: 1. Forfeit the $200 cleaning deposit 2. No longer have a claim on any items left behind in any and all purchased unit(s) 3. Risk being banned from future Stop & Stor auctions.
3. Warranties and Guarantees
Stop & Stor sells the item(s) of the unit as is, where is, and with no refunds. Stop & Stor makes no representations as to when or where the contents of the storage unit originated. Subject to errors or omissions and to any undisclosed liens, no warranties and/or guarantees are expressed or implied, including merchandise descriptions. Buyer must inspect each lot and bid according to their own judgment and within the restrictions provided for this agreement.
To the extent permitted by law, Buyer will indemnify Stop & Stor against any loss, liability, claim, expense (including attorneys fees), damage to property or injury to person arising from any act or omission of Buyer, Buyers agents, servants, contractors or invitees, except those caused by Stop & Stor own negligence.
5. Duty of Care
Persons in attendance during the removal of merchandise shall exercise proper precautions at all times for the protection of persons and property, and shall comply with all safety and health requirements as directed by Stop & Stor and local, state, and federal regulations.
6. Stop & Stor Rules and Regulations
These auction terms and conditions incorporate by reference Stop & Stor rules and regulations. The terms and regulations can be found at the management office. To the extent a rule or regulation conflicts with a term or condition of this agreement, the term or condition of this agreement controls. Stop & Stor reserves the right to change, amend or modify this agreement by written form at any time prior to the auction.
7. Validity of Agreement
This agreement is governed by New York law. If any part of this agreement is declared invalid, the rest of the agreement shall remain in effect.
Any action or proceeding concerning the validity or enforceability of this agreement shall be brought in New York County.
By bidding on a unit, you (referred to herein as Buyer), acknowledge that you have read, understand and agree to participate in the auction of the above-referenced self-storage facility subject to the terms and conditions set forth in this agreement and to be bound by the conditions and terms of the agreement.