6. Bidding Rules; Irrevocable Offers; Bid Increments
Binding Contract: Each bid you place is an irrevocable offer to purchase that lot at the bid amount (subject to the auction’s rules).
If you are the winning bidder, you enter a binding contract to pay the total amount due, including buyer’s premium, taxes, shipping/handling, and any other disclosed fees.
Payment Method Required: To bid, you may be required to keep valid payment information on file. You authorize charges for winning invoices and any
auction-specific fees you owe, as permitted by law and the posted auction terms.
Reserved Right to Bid: In accordance with Texas Business & Commerce Code § 2.328(d), and except where prohibited by law or expressly stated otherwise in
any auction-specific terms, Auction Spear LLC, the applicable Auction Company, the seller/consignor, and their agents reserve the right to place bids in auctions on the Site,
including bids made on behalf of the seller/consignor to protect a reserve or minimum selling price. By registering, bidding, or participating in any auction on the Site,
you acknowledge and agree that liberty for such bidding is expressly reserved and disclosed.
Bid Increments; Maximum/Proxy Bidding: Bids must meet required increments. You may enter a higher bid or a maximum/proxy bid.
Maximum bids are not disclosed to other bidders.
Raising Your Own Bid: You may raise your own bid, and doing so is binding.
Bid Corrections: Errors are your responsibility. If an Auction Company permits bid corrections, it is discretionary and may be denied,
especially within 24 hours of closing. ASLLC and/or the Auction Company may cancel a bid if we determine, in our discretion, that an error occurred or fraud is suspected.
Notices: Email/SMS/push notifications (if offered) are a courtesy and not guaranteed. You remain responsible for monitoring your bids and invoices.
7. Auction Closing; Auto-Extension
Lots may close in sequence at a set pace (e.g., a predetermined number of items per minute).
Many auctions use an automatic extension feature: if a bid is placed with fewer than 3 minutes remaining, the close time may reset to
3 minutes from the scheduled close and continue resetting with each new bid until no bids are received for 3 minutes.
8. Payment; Buyer’s Premium; Taxes
Payment Methods: Accepted payment methods vary by Auction Company and are disclosed in each auction’s terms.
Common options may include cash and certain electronic payments and/or cards. Checks are typically not accepted.
Buyer’s Premium: A buyer’s premium (often 18%) may apply to all purchases, plus any card processing fees and/or taxes where applicable.
Any cash discount policy must be disclosed by the Auction Company.
Sales/Use Tax: Purchases are subject to applicable sales and use tax unless a valid exemption certificate is provided and accepted prior to the
end of the sale or as required by the Auction Company’s policy. Agricultural exemptions must meet Texas requirements and documentation.
Authorization to Charge: If you do not pay as required, you authorize charging the payment method on file for amounts owed,
including taxes, buyer’s premium, storage, handling, moving, disposal, shipping, and other disclosed fees, as permitted by law.
9. Pickup, Shipping, Delivery; Risk of Loss
9.1 Pickup
Pickup times and locations are set by the Auction Company and may be strict. You must bring appropriate tools, labor, and transportation.
Items are released upon proof of payment and may require valid identification. ASLLC is not responsible for injuries, damage, or losses during removal or transport.
9.2 Shipping/Delivery
Shipping may or may not be available and varies by item and Auction Company. Third-party shippers may be used.
Shipping costs may include handling, materials, insurance, and carrier surcharges. Delivery timelines are estimates and may vary.
9.3 Title and Risk of Loss
Unless an auction’s written terms state otherwise, title and risk of loss generally pass from the seller to you upon confirmed payment processing by the Auction Company.
If you take possession before payment clears, risk of loss passes to you upon taking possession.
9.4 Loss, Theft, Damage
ASLLC and Auction Companies are not insurers. They may take reasonable precautions, but cannot guarantee security at any location.
If liability is found, it is limited to a refund of the amount actually paid for the affected lot(s), unless otherwise required by law.
9.5 Failure to Pick Up or Arrange Shipping
If you fail to pick up or designate shipping within the timeframe stated for an auction (or, if none is stated, within 3 days of close),
you may be deemed to have abandoned the items, and the Auction Company may resell, dispose of, or donate items at its discretion.
You remain financially responsible for amounts due and may also be charged reasonable storage, moving, disposal, and administrative fees as permitted by law.
10. Non-Payment; Chargebacks; Collections
Reinstatement Fee: If your account is suspended because of an unpaid invoice, chargeback, or reversed payment, Auction Spear may require a $25 reinstatement fee payable to Auction Spear as a condition of reinstatement, in addition to payment of all amounts lawfully owed to the applicable auction company. Reinstatement is not effective until all such amounts are paid and confirmed. This fee is expressly authorized by these Terms and applies only to the extent permitted by applicable law.
Failure to Pay: If you do not pay according to the auction’s stated terms, your items may be forfeited and resold or disposed of.
Your bidding privileges may be suspended or revoked. You remain liable for amounts due, and collection efforts may be initiated.
Chargebacks: Initiating a chargeback for a legitimate invoice may be treated as non-payment and may result in immediate suspension.
The Auction Company may provide documentation to the issuing bank to contest the dispute.
Collections: You agree you may be responsible for reasonable collection costs, including fees and lawful attorney’s fees where permitted.
11. Returns
All sales are final unless the Auction Company expressly provides a written return policy for a specific auction or lot, or where required by law.
If a return is permitted for a material listing error, claims must be submitted within the timeframe stated by the Auction Company (often within 3 days of delivery/pickup).
12. Prohibited Conduct; Suspensions; Refusal of Service
While using the Site/Services, you agree you will not:
- Use the Site/Services if you are under 18 or otherwise unable to form a binding contract.
- Use the Site/Services if you have been suspended/removed or engage in conduct that could result in suspension.
- Manipulate prices without intent to purchase; collude; engage in shill bidding; or conduct fraudulent activity.
- Circumvent fee structures, billing, or technical protections; attempt unauthorized access; scrape via automated means.
- Fail to pay invoices, fees, or shipping costs when due.
- Share/transfer accounts; create accounts that misrepresent identity; use another person’s information.
- Interfere with Site operations; harass, intimidate, bully, or threaten violence or unlawful action.
- Bid on age-restricted items if you do not meet legal age/eligibility requirements.
- Threats of physical violence, lawsuits, and any legal action taken against ASLLC, its affiliates, employees, managers, or the auction companies that share the Auction Spear website will result in immediate and permanent suspension of bidder and seller related accounts.
Refusal of Service: ASLLC and/or an Auction Company may refuse service, deny access, cancel bids, or suspend/terminate accounts at any time,
with or without notice, for any lawful reason, including suspected fraud, abuse, harassment, non-payment, or actions that undermine the integrity of the platform.
13. Firearms and Regulated Items
Some auctions may include firearms or other regulated items. You must comply with all applicable federal, state, and local laws.
Federal law may require a background check through a licensed dealer prior to taking possession.
Additional auction-specific fees, identity requirements, and transfer procedures may apply.
No Proxy Pickup: Where required by law or auction terms, the actual buyer must appear in person with valid government identification.
14. SMS Messaging Terms
SMS/MMS Mobile Message Marketing Program Terms & Conditions are available here:
SMS mobile messaging terms.
15. Premises Entry at Your Own Risk
Persons entering auction premises do so at their own risk. Neither property owners nor ASLLC nor Auction Companies are responsible for injury, death, or property loss/damage,
whether or not allegedly caused by negligence, except where prohibited by law.
You agree to exercise increased care during pickup/removal, keep children supervised, and ensure helpers comply with safety instructions.
16. Privacy; Communications; Sharing with Affiliates/Vendors
Your use of the Site/Services is subject to our Privacy Policy. We may share limited bidder information as reasonably necessary to operate the platform,
facilitate invoicing, shipping/delivery, and communicate auction-related information with Auction Companies and service providers.
We may also share information with affiliates and vendors to present offers that may be of interest, consistent with your preferences and applicable law.
17. Indemnity
You agree to indemnify, defend, and hold harmless ASLLC, its affiliates, and their owners, officers, directors, managers, members, employees, and agents
from and against claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to:
(a) your breach of these Terms; (b) your misuse of the Site/Services; (c) your violation of law; or (d) your violation of any third-party rights,
except to the extent caused by ASLLC’s gross negligence or willful misconduct.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASLLC OR ANY AUCTION COMPANY OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS,
EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, ASLLC’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE/SERVICES SHALL NOT EXCEED
THE AMOUNT PAID BY YOU TO ASLLC (IF ANY) IN THE PRIOR THREE (3) MONTHS.
Some jurisdictions do not allow certain limitations. In such cases, liability is limited to the greatest extent permitted by applicable law.
19. Dispute Resolution; Arbitration; Class Action Waiver
Good-Faith Resolution First: Before filing a claim, you agree to contact the applicable Auction Company (for auction-specific issues)
and/or ASLLC (for platform issues) to attempt to resolve the dispute informally.
19.1 Agreement to Arbitrate (FAA)
Except as set forth below, you and ASLLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services
shall be resolved by binding individual arbitration administered by a recognized arbitration provider and governed by the
Federal Arbitration Act (to the extent applicable).
19.2 Exceptions
- Small claims court matters that qualify may be brought in small claims court on an individual basis.
- Either party may seek temporary injunctive relief in court for misuse of intellectual property, fraud, or unauthorized access.
19.3 Class Action Waiver
YOU AND ASLLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
19.4 Opt-Out (Recommended Best Practice)
If you do not wish to be bound by arbitration, you may opt out within 30 days of accepting these Terms by sending written notice
to the address in the Contact section, including your name, email, phone, and a clear statement that you opt out of arbitration.
Opting out will not affect your ability to use the Site/Services unless otherwise required for lawful operation of the platform.
20. Texas Law Compliance Notice; Attorney Review Disclaimer
Texas Online Auctions: Texas regulates live-bid auctioneering; internet-only auctions are generally treated differently and may be exempt from certain licensing requirements,
depending on how bidding is conducted.
Consumer Protection: Texas law prohibits false, misleading, or deceptive trade practices. Nothing in these Terms is intended to waive rights that cannot be waived under applicable law.
Attorney Review Disclaimer: These Terms are provided for general commercial use and operational clarity and are
not legal advice.
(including auction-by-auction terms, affiliate program terms, and state-specific rules).
21. Miscellaneous; Notices; Governing Law; Venue
21.1 Changes
ASLLC may update these Terms at any time by posting a revised version on the Site. Changes are effective when posted.
Continued use after posting constitutes acceptance.
21.2 Electronic Communications; E-SIGN
You consent to receive communications electronically (e.g., email, Site notices, SMS if opted in). Electronic records and signatures are intended
to satisfy legal requirements for written agreements and notices where permitted.
21.3 Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the provision may be reformed to reflect the parties’ intent
to the greatest extent permitted by law.
21.4 Force Majeure
ASLLC is not liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, outages, government actions, labor disputes, war, terrorism, epidemics/pandemics).
21.5 Assignment
You may not assign your rights or delegate obligations without ASLLC’s prior written consent. ASLLC may assign these Terms.
21.6 Governing Law; Venue
These Terms are governed by Texas law, without regard to conflict of law principles.
Subject to the arbitration section above, you agree that any court proceedings will be brought exclusively in state or federal courts located in
Tarrant County, Texas, and you consent to jurisdiction and venue there.
21.7 Entire Agreement
These Terms, our Site Terms of Use (if posted), our Privacy Policy, and any auction-specific terms posted by the applicable Auction Company
constitute the entire agreement between you and ASLLC regarding the Site/Services.
