Welcome to Matthews Auctioneers Inc.
Welcome to www.matthewsauctioneers.com and the associated mobile app ("Site"). These Terms govern all interactions with "Matthews Auctioneers." By accessing the Site or registering as a Buyer, you agree: (1) you've read and understand these Terms; (2) you're bound by these Terms.
Services on the Site enable Users to: 1) Place bids in auctions; 2) Make sealed bid offers; 3) Make offers on negotiated sales, collectively known as "Selling Events."
These Terms, plus any specific Selling Event terms or those elsewhere on the Site, are the full agreement between Matthews Auctioneers and the User, superseding all prior agreements.
Use of the Site
2.2. User Accounts: On registration, you'll receive an account name and password. You're responsible for all actions under your account and must keep your password secure.
2.3. Exclusion & Amendments: We may exclude any user for breach of terms or inappropriate conduct. We also reserve the right to refuse bids, offers, or discontinue services.
2.4. Bidding: Placing a bid is a binding offer to buy. Bids are irreversible. The "Winning Bid" is the highest bid that meets or exceeds the opening price.
2.5. Item Inspection: All items are available for pre-bid inspection. Inspect before you bid; failure to do so won't be grounds for a refund.
2.6. Payment: Winning bidders must complete the purchase within the specified time, and the amount will be charged to the credit card on file.
2.7. Lot Closing: Refer to the website for lot closing times. Make sure to bid before the closing time; late bids are not accepted.
2.8. Item Removal: Pick up your items by the set deadline at your own expense and risk. Failure to do so may result in item abandonment.
2.9. Claims: No claims for shortage are allowed once items are removed from the premises.
2.10 Return Policy: All items on the site or sold AS-IS WHERE-IS unless specified differently in the specific auction terms.
2.11. UCC Compliance: All lots are offered with reserve unless specified. We reserve the right to enter bids on behalf of the Seller in line with section 2-328 of the Uniform Commercial Code (UCC).
2.12. Absentee Bidding: We may bid on behalf of absentee bidders. In such cases, we act as an agent for both the seller and the buyer, aiming to represent both parties fairly.
2.13. Buyer's Premium: We may charge a Buyer’s Premium or other service fees, as indicated in the specific auction terms. These charges are in addition to the winning bid and applicable taxes.
3. Data Protection & User Information
4. Use of User Information on Matthews Auctioneers Site
By registering, Users grant Matthews Auctioneers a non-exclusive, global, perpetual, irrevocable, royalty-free license to use any copyrighted, trademarked, or database information provided. This license is sub-licensable and applies to all media forms, known or unknown, for the purpose of offering our Services.
All prices listed on Matthews Auctioneers site or agreed upon in Selling Events are exclusive of any applicable taxes. Buyers are responsible for all value-added, sales, or other taxes due in accordance with the laws of the relevant jurisdiction, calculated based on the rates in effect at the time the sale contract is finalized.
Users agree to indemnify and hold Matthews Auctioneers, its affiliates, and their respective officers, directors, and agents harmless against any losses, claims, damages, costs, and expenses, including legal fees and taxes, arising from:
Use of the Site or Services.
Breaching any laws or legislation, directly or indirectly.
Violating third-party rights based on information or intellectual property provided by the User.
Misrepresentation made by the User in connection with these Terms or any Selling Event.
Injuries, accidents, or deaths occurring at premises related to a Selling Event or other related activities.
Any claims arising from the use of products sold or purchased, including but not limited to personal injury, death, or economic losses.
7. Use of the Site & Services:
Matthews Auctioneers grants Users a limited, non-transferable license to access the Site for evaluation or usage according to these Terms. Users must not download, modify, or exploit the Site for commercial purposes, reverse engineer its software, or engage in data mining.
Users are responsible for their network connections and must use the Site lawfully.
Engaging in fraudulent or unlawful activities.
Sending harmful or illegal materials.
Bid manipulation or bidding under false identities.
Matthews Auctioneers can reject a User’s application or terminate access to the Site at any time.
Data Security: We take reasonable efforts to protect unauthorized access but cannot guarantee total security. Users assume all risks related to the security of information transmitted online.
Availability: The Site and Services are provided "as-is" and "as available." Matthews Auctioneers can modify or discontinue any feature at any time without notice.
Disruptions: Users may experience occasional interruptions for maintenance or new features. We aim to minimize these interruptions.
Liabilities: Each Buyer acknowledges that any Bid placed is an irrevocable offer to buy the lot at the offered price.
The aggregate liability of Matthews Auctioneers and Seller for any loss or damage arising out of these Terms shall not exceed the amount received by Matthews Auctioneers for the Goods that are the subject of the claim.
8. Proprietary Rights:
Users acknowledge that Matthews Auctioneers and/or its licensors own all intellectual property rights related to the Services, including but not limited to patents, copyrights, database rights, trade secrets, trade names, and trademarks, whether registered or unregistered. Except where explicitly stated otherwise, Users are not granted any rights or licenses to these intellectual property assets. Use of the Services does not confer any proprietary rights to Users.
Matthews Auctioneers and the Seller, along with their respective affiliates, agents, servants, employees, officers, and directors, shall not be liable for:
1. Any loss connected to revenue, profits, production, contracts, business, or failure to realize anticipated savings or profits.
2. Any loss of goodwill or reputation.
3. Any indirect or consequential losses incurred by a User.
4. Any accident, injury, or death arising in any manner, sustained by any individual attending any premises for purposes related to a Selling Event, including but not limited to inspection, purchase, collection, removal, pick-up, or any other activity related to the Selling Event.
5. Any claims arising from the use of any product sold or purchased through the Services, including but not limited to claims related to personal injury, death, disability, disfigurement, economic losses, or damages—whether direct, indirect, or consequential—classified under products liability, warranty, or any other cause of action.
This liability exclusion applies to losses or damages arising out of the use or inability to use the Site or Services, or any other issues governed by these Terms and Conditions.
Amendments: Matthews Auctioneers reserves the right to amend these Terms and Conditions at its sole discretion. Any amendments will be posted on the Site and become effective immediately upon posting. Users are encouraged to review the Terms and Conditions on the Site periodically. Continued use of the Site or Services signifies acceptance of the current Terms and Conditions, including any amendments.
Severability: Should any provision of these Terms and Conditions become fully or partially invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Enforcement: Failure or neglect by Matthews Auctioneers to enforce any term at any time shall not be construed as a waiver of its rights, nor shall it affect the validity of these Terms and Conditions or any part thereof, nor prejudice Matthews Auctioneers' rights to take subsequent actions.
Assignment: Users may not assign, sub-license, or otherwise transfer any of their rights under these Terms and Conditions without the prior written consent of Matthews Auctioneers.
By using the Site and Services, Users acknowledge that they have read, understood, and agreed to these Terms and Conditions in their entirety.
Matthews Auctioneers reserves the right to terminate these Terms and Conditions with respect to any User at its sole discretion, without prejudice to its other rights and remedies. Access to the Services may be denied immediately and without notice in the event of any breach of these Terms and Conditions by the User. Matthews Auctioneers shall not be liable for the termination except in relation to past transactions that were executed prior to the termination.
By using the Site and Services, Users acknowledge that they have read, understood, and agreed to abide by these Terms and Conditions in their entirety.
Matthews Auctioneers and the Seller make no representations or warranties regarding the items or their condition and expressly disclaim all warranties or representations of any kind. By participating in any Selling Event, the Buyer acknowledges that items are sold "as is," without any warranty, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Site, as well as all information, products, and services available through it, are provided "as is," without any warranty of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Neither Matthews Auctioneers nor Sellers shall be liable for any indirect, punitive, incidental, special, or consequential damages arising from or connected with the use of the Site, or any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage, or unauthorized access to your computer system or network.
The Buyer represents that they have had the opportunity to inspect items prior to purchase and have satisfied themselves regarding the condition of said items. Any warranties, if available, are solely provided by the original manufacturer and neither Matthews Auctioneers nor the Seller make any representation that such warranties exist.
Matthews Auctioneers relies on the Seller for information regarding items in auctions and undertakes no independent investigation. Matthews Auctioneers shall not be responsible for the accuracy, genuineness, or any defect in any item and offers no warranties therewith. Descriptions in marketing materials are believed to be correct, but Matthews Auctioneers relies on Sellers for such information and makes no guarantees.
It is the responsibility of the bidders to verify descriptions before bidding. Matthews Auctioneers strongly urges Buyers to inspect items carefully prior to bidding. Inspection dates will be provided, and no adjustments will be made post-auction based on the Buyer’s failure to inspect. By bidding, you acknowledge that you are solely relying on your own inspection and not on any information provided by Matthews Auctioneers.
By participating in any Selling Event, you agree to these terms and understand that you are bidding based on your own risk and assessment of the items. Failure to inspect or determine the condition of the Goods will not be grounds for any claims against Matthews Auctioneers, nor an excuse for non-compliance with finalized bids or purchases.
13. Force Majeure:
Matthews Auctioneers and Company shall not be liable for any delay or failure in the performance of its obligations under these Terms and Conditions due to events beyond its reasonable control. Such events may include but are not limited to natural disasters, acts of war or terrorism, strikes, labor disputes, governmental actions, equipment failures, or any similar unforeseen events that disrupt the normal flow of operations.
In such circumstances, Matthews will make reasonable efforts to notify Users of the conditions causing the delay and to resume performance as soon as possible. However, the failure to meet service obligations due to force majeure shall not be considered a breach of these Terms and Conditions.
All notices or communications under these Terms and Conditions to Matthews Auctioneers and Company must be in writing and in English. Such notices must be delivered by hand or sent to the postal address that M@C specifies from time to time. It is expressly stated that notices from Users to M@C will not be considered valid if sent solely by e-mail.
Conversely, notices from Matthews Auuctioneers to Users may be sent to the e-mail address provided during the registration process, with receipt deemed to have occurred twenty-four (24) hours after the e-mail is sent. Matthews Auctioneers may also deliver notices to Users through other means, including postal mail, to any address provided by the User.
15. Choice of Law & Venue:
All disputes, controversies, or claims arising out of or relating to these Terms and Conditions between Users and Matthews Auctioneers shall be exclusively governed by and interpreted in accordance with the laws of the Commonwealth of Virignia, United States of America. Both parties irrevocably agree that the state and federal courts located in Carrol County, Virginia, USA, shall have exclusive jurisdiction and be the proper venue to adjudicate any legal matters or disputes arising from this agreement.
By accepting these Terms and Conditions, each User acknowledges and agrees that Matthews Auctioneers would not permit the User to register or participate in any services provided by the site if the terms of this clause were not valid, binding, and enforceable.
Furthermore, Users irrevocably consent to the service of process in any legal action or proceedings arising out of or in connection with these Terms and Conditions in accordance with the provisions herein relating to the service of notices. This provision does not affect the right to serve process in any other manner permitted by the laws of the jurisdiction in which service is to be effected.