SPENCERPORT, NY ESTATE AUCTION
Terms & Conditions:
WHAT YOU AGREE TO WHEN YOU BID
- YOUR BID IS A PROMISE: Placing a bid means you are entering a legally binding agreement, meaning you agree to follow all of our buyer terms and conditions. Please bid only on items you fully intend to buy.
- FAIR CAP ON DISPUTES: If a dispute occurs, the absolute maximum amount the auction company will ever owe you is a refund of the exact purchase price paid.
- KEEP YOUR ACCOUNTS SAFE: If you don't follow the terms and conditions of the auction, fail to pay, or fail to pick up your items, your account may be suspended from future auctions.
- RIGHT TO SUSPEND PRIVILEGES: Bontrager Real Estate & Auction Service has the right to void any sale, suspend bidding, or re-sell any item/lots for any other reason.
- BID RETRACTION: Bids cannot be retracted once the auction begins.
- IN THE EVENT OF LEGAL PROCEEDINGS arising from this contract or the auction in connection therewith, the buyer consents to be subject to the personal jurisdiction of the courts of the State of New York, Genesee County.
- ALL AUCTION TERMS AND CONDITIONS APPLY to you, regardless of whether you have read or understood them.
BUYING CONDITIONS AND LIABILITY
- ALL SALES ARE FINAL: Everything is sold strictly "AS IS" with no guarantees, exchanges, or refunds. Bidders are responsible for educating themselves as to the condition of items before they bid.
- 7 DAY RETURN RULE: Items are sold as-is, but if Bontrager Real Estate & Auction Service agrees to provide a guarantee, all refunds, exchanges, and returns must be requested within 7 days of the customer taking possession of the merchandise. Requests after that point may be denied and will not be considered for any item sold more than 30 days from the date the refund is requested. Bontrager Real Estate & Auction Service reserves the right to refuse refund requests for any item that has left the auction site. Refunds are issued by check.
- CONDITION REPORTS given by the staff of Bontrager's Auction Service are subjective; while we strive to be honest and thorough, we will not be held responsible or liable for any description errors. Buyers are entirely responsible for inspecting items before bidding. If previews are not available, bidders should contact the auction company for more information.
- QUANTITY: If a lot shows a quantity (e.g. "x 5), your bid amount will be multiplied by that number. No refunds will be given for failing to read quantities.
- LIABILITY LIMITS: Bontrager Real Estate & Auction Service and its staff is not responsible or liable for missed or failed absentee/left bids, phone bids, or internet bids.
PAYMENTS & FEES
- AUTOMATIC CHARGES: Payment is due in full at the close of the auction without exception. The credit/debit card on your Hibid profile is charged automatically as soon as all online auction lots close. Accepted cards are Visa, MasterCard, Discover, and American Express. Payments not completed within 48 hours of the auction close are considered abandoned bids and are subject to disposal or resale. Repeated failure to pay within prescribed time frames may affect a bidder's ability to participate in future auctions. Chargebacks are not accepted.
- PAYMENT DISPUTES: By paying with credit or debit card, the purchaser agrees not to initiate a chargeback or payment dispute for a legitimate transaction. Payment disputes should be brought to the auction company first for resolution.
- ALTERNATE PAYMENT: If your payment fails, you will receive a secure payment link via email/text. Cash and checks are not accepted at the pickup.
- -BUYER'S PREMIUM AND SALES TAX: All sales are subject to applicable sales tax and 15% buyer's premium. The buyer's premium is paid to Bontrager Real Estate & Auction Service.
FEES
- LATE PAYMENT FEE: $35 fee for payments more than 5 business days after the auction ends.
- RETURNED PAYMENTS: Any payment denied due to insufficient funds is subject to an additional fee of $35.
- AUCTION STORAGE FEES FOR LATE PICKUP: $10 for the first 5 days, $5 per day thereafter, to be automatically charged to the buyer's card on a weekly basis.
- ABANDONED ITEMS: (Lots or partial lots left at a pickup site for any reason.) A minimum of $20, plus the cost of disposal, will automatically be charged to the card on file.
- TRANSPORTATION OF PURCHASES TO AUCTION HOUSE FROM AUCTION SITE FOR ALTERNATE PICKUP OR SHIPPING: $40 per hour, prorated based on size/volume/time, with a $5 minimum, automatically charged to your card.
- DISPOSAL: $10 disposal fee for buyers who want only partial lots (for pickup or shipping).
- PACKING MATERIALS: Boxes provided by the auction company at the pickup site are subject to a fee of 50 cents per box.
SALES TAX EXEMPTION
- BUYER'S RESPONSIBILITY: You must have correct, complete tax exemption paperwork on file one hour before the auction closes, or you will be charged sales tax.
- NO POST-AUCTION REFUNDS: The auction company will not issue sales tax refunds after closing the auction. If you miss the deadline, you must file a claim directly with the state.
- FORM REQUIREMENTS: NYS forms ST 120, ST 125, etc must be updated with this auction company at least annually. The top of the form must exactly match your DBA or farm name. The bidder's name and owner of entity must both sign and print at the bottom.
- HOW TO SUBMIT FORMS: Email scanned PDF copies to [email protected] up to one hour before the auction starts closing. Text or emailed photos will not be accepted if they don't print clearly.
TECH ISSUES
- INTERNET SERVICES: Bontrager Real Estate & Auction Service will not be held responsible for any interruption in internet service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted, or error-free service or use of the site. By bidding with our company, you are accepting that this auction is conducted electronically and relies on hardware and software that may malfunction without warning.
MERCHANDISE PICK UP
- DATES AND TIMES of merchandise pickup are stated within the details of each auction. Buyers are responsible for picking up within the time frames listed for the auction. Any variation resulting in late, early, or alternative pickup or payment will incur additional fees for removal and storage (see the "Fees" section).
- LOADING MERCHANDISE: Buyers are expected to load their own merchandise. Bontrager Auction Service will not be responsible for damage to vehicles or merchandise if buyers choose to have the auction company load their merchandise.
- LATE OR ALTERNATIVE PICK-UP: Alternative pick-up arrangements are subject to auctioneer approval before the auction ends. Bontrager's Auction Service is not liable for any damage to property left on the auction premises after the auction, whether or not payment has been made. Buyers must take the entire purchased lot. In some cases, alternate pick-up is not available, and lots that are not picked up will be forfeited without refund.
- FORFEITED MERCHANDISE: Buyers forfeit merchandise left 7 or more days after the auction has closed, whether or not it has been paid for. Items not picked up on the dispersal date (with no arrangements made with the auction company) are also considered forfeited. Such merchandise is subject to sale without notice, regardless of the buyer's intent to pick it up at some future date. The proceeds of the sale are paid to Bontrager Real Estate & Auction Service, and the buyer is not eligible for reimbursement.
SHIPPING POLICY
- SHIPPING FEES: Buyer pays all shipping fees, including packing time and materials, shipping cost, insurance, signature confirmation, and any tax or duty associated with shipping outside the USA.
- SHIPPING AVAILABILITY: The auction company does not automatically ship every lot. Each lot has a "Shipping Available" or "No Shipping Available" icon. In the event that Bontrager Auction agrees to ship an item described in the auction with "no shipping", Bontrager Auction will not be responsible for damages from any part of the packing or shipping process, nor will Bontrager Auction submit an insurance claim or refund on behalf of the buyer.
FIREARMS, MUZZLELOADER, AND AMMUNITION
- Bontrager Real Estate & Auction Service is a Federal Firearms Dealer and licensed by NY State for pistol sales.
- BACKGROUND CHECKS: All firearm, muzzleloader, and ammunition purchases require a NYS Background Check unless the purchaser has a valid Federal Firearms License.
- SHIPPING: In compliance with NY State Law, all firearms, muzzleloaders, and ammunition must be shipped to a Federal Firearms Licensee chosen by the buyer.
- Bontrager Real Estate & Auction Service does not sell firearms or ammunition outside the United States.




