Terms and Conditions

BUYER'S CONTRACT AND TERMS OF SERVICE

Lake Ariel Sales

109 Deer Laurel Ests Rd • Lake Ariel, PA 18436 • LakeArielSales.com

These Buyer's Terms and Conditions (the "Terms") constitute a legally binding contract between the bidder/buyer ("Bidder," "Buyer," or "you") and Lake Ariel Sales ("Auction House," "Auctioneer," "we," "us," or "our"). By registering to bid, placing a bid, or otherwise participating in any online auction conducted by the Auction House, you acknowledge that you have read, understood, and agreed to be bound by these Terms. These Terms supersede any prior agreements, oral statements, or representations and may only be modified by a writing signed by an authorized officer of the Auction House.
1. Bidder Registration and Eligibility
1.1 Registration. All bidders must register prior to bidding and provide accurate, current, and complete information, including legal name, address, telephone number, email, and a valid credit card. The Auction House may require additional verification, including government-issued identification and proof of funds, at its sole discretion.
1.2 Acceptance of Terms by Registration. By creating an account, registering as a bidder, or clicking "I Agree" (or any equivalent acceptance mechanism) on the online auction platform, the Bidder expressly acknowledges that he/she has read, understood, and agrees to be bound by these Terms in their entirety, including all amendments and any auction-specific terms posted on the platform. Registration constitutes a binding electronic signature and acceptance of these Terms under applicable law (including the Electronic Signatures in Global and National Commerce Act and the Pennsylvania Uniform Electronic Transactions Act).
1.3 Eligibility. Bidders must be at least 18 years of age and legally capable of entering into binding contracts. Any person bidding on behalf of another individual or entity personally guarantees payment and performance of all Buyer obligations under these Terms.
1.4 Bidder Number. Each registered bidder will be assigned a unique bidder number. You are responsible for all activity conducted under your bidder number, including any bids placed by anyone using your account credentials. Notify the Auction House immediately of any unauthorized use.
1.5 Right to Refuse. The Auction House reserves the right, in its sole discretion, to refuse registration, reject any bid, revoke bidding privileges, or remove any person from the premises or online platform at any time and for any reason, without liability.
2. Bidding
2.1 Binding Bids. All bids are irrevocable and binding upon the bidder. The highest bidder at the close of online bidding shall be the Buyer. Upon acceptance of the bid by the Auction House, a binding contract of sale is formed between the Buyer and the Auction House.
2.2 Bid Errors. The Auction House is not responsible for errors in bidding. It is the Buyer's sole responsibility to ensure bids are placed on the correct lot and in the intended amount. A Buyer is unconditionally bound to pay for any lot won, even if the bid was made in error.
2.3 Auction House Discretion. The Auction House has sole and final discretion to (a) accept or reject any bid; (b) determine the winning bidder; (c) resolve disputes between bidders by reopening bidding, declaring a new winner, or re-offering the lot; (d) withdraw any lot before, during, or after the sale; (e) set, modify, or waive bidding increments; and (f) pause, postpone, extend, or cancel the auction.
2.4 Online Bids and Proxy Bidding. All bids must be placed through the Auction House's online bidding platform. The Auction House does not accept telephone, absentee, or written bids. Where the platform offers proxy/maximum bidding, the system will bid on the Buyer's behalf in the stated increments up to the Buyer's specified maximum. Buyers using third-party online platforms may be subject to additional premiums or fees charged by those platforms.
2.5 Reserve Prices. Some lots may be offered subject to a reserve (the minimum price the Auction House is willing to accept). If the reserve is not met, the lot will not be sold.
3. Buyer's Premium
3.1 Buyer's Premium. A BUYER'S PREMIUM OF TEN PERCENT (10%) of the hammer price will be added to the final bid on every lot sold and shall be paid by the Buyer as part of the total purchase price. The Buyer's Premium applies to all lots in all auctions unless a different rate is expressly disclosed in writing for a specific auction.
3.2 Additional Fees. Additional fees may apply, including but not limited to online platform surcharges, credit card processing fees, storage fees, insurance, and any other costs disclosed at the time of sale.
3.3 Sales Tax. All applicable federal, state, and local sales, use, and excise taxes will be calculated on the total purchase price (hammer price plus Buyer's Premium) and collected from the Buyer unless the Buyer provides a valid, properly completed tax-exemption certificate acceptable to the Auction House prior to payment.
4. Payment Terms
4.1 Total Purchase Price. The "Total Purchase Price" means the hammer price plus the Buyer's Premium plus all applicable taxes, fees, and charges.
4.2 Payment Due Date. Payment in full is due within seven (7) calendar days of the close of the auction, unless otherwise agreed in writing by an authorized officer of the Auction House.
4.3 Accepted Payment Methods. The Auction House accepts cash, check, credit card, Venmo, and PayPal. Checks are subject to clearance and the returned check fee in Section 4.4. The Auction House reserves the right to limit payment methods for specific lots or invoice amounts.
4.4 Returned/Bounced Check Fee. Any check returned for insufficient funds, a closed account, stop payment, or any other reason shall be subject to a returned check fee of FIFTY DOLLARS ($50.00) per occurrence, in addition to the original amount owed and any other applicable fees, interest, and remedies under these Terms. The Auction House may also require future payments from the Buyer to be made by cash, wire transfer, or certified funds only.
4.5 Authorization to Charge. By registering, Buyer authorizes the Auction House to charge the credit card on file for the full Total Purchase Price, returned check fees, and any other fees, damages, or chargebacks owed under these Terms.
4.6 Title and Release. Title to purchased property does not pass to the Buyer, and no property will be released or delivered, until the Total Purchase Price has been received in full and, in the case of checks, has fully cleared.
4.7 No Chargebacks or Payment Disputes. Buyer agrees not to initiate any chargeback, dispute, or reversal with their credit card issuer, PayPal, Venmo, their bank, or any payment processor with respect to any purchase made under these Terms. Any such action shall constitute a material breach and, in addition to other remedies, Buyer shall be liable for all costs incurred by the Auction House in responding, including attorneys' fees.
5. Default and Remedies
5.1 Events of Default. Any of the following constitutes a material breach and event of default by the Buyer: (a) failure to pay the Total Purchase Price when due; (b) failure to remove purchased property within the time specified; (c) providing false or misleading information; (d) initiating a chargeback; or (e) any other breach of these Terms.
5.2 Remedies. Upon default, the Auction House may, in its sole discretion and without notice, pursue any or all of the following remedies, which shall be cumulative: (a) cancel the sale and retain any deposit or partial payment as liquidated damages; (b) resell the property at public or private sale, with or without reserve, and hold the defaulting Buyer liable for any deficiency plus all costs of resale, including commissions and Buyer's Premium that would have been earned; (c) charge the Buyer interest at the rate of one and one-half percent (1.5%) per month (18% per annum) or the maximum rate permitted by law, whichever is less, on any unpaid balance; (d) charge the credit card on file for all amounts owed; (e) offset amounts owed against any property or funds of the Buyer in the Auction House's possession; (f) ban the Buyer from future auctions; (g) report the default to credit bureaus and collection agencies; and (h) pursue any other remedy available at law or in equity.
5.3 Collection Costs. Buyer shall pay all costs of collection, including reasonable attorneys' fees, court costs, and collection agency fees.
6. "As-Is, Where-Is" Sale — No Warranties
6.1 AS-IS Condition. ALL PROPERTY IS SOLD "AS IS, WHERE IS" AND "WITH ALL FAULTS." The Auction House makes no representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title (except as expressly stated), authenticity, provenance, attribution, authorship, age, period, culture, source, origin, condition, quality, value, importance, size, weight, rarity, restoration, or import/export status.
6.2 Buyer's Due Diligence. Catalog descriptions, condition reports, photographs, videos, estimates, and any other statements (oral or written) are provided as a guide only and are not warranties. Bidders are strongly encouraged to inspect all property in person before bidding and to rely solely on their own judgment. The absence of a condition report does not imply that a lot is in perfect condition. Estimates are opinions, not appraisals, and are not statements of the price at which the lot will sell.
6.3 No Refunds; All Sales Final. ALL SALES ARE FINAL. No refunds, returns, cancellations, or exchanges will be granted for any reason, including but not limited to Buyer's remorse, misidentification of the lot bid on, or disagreement with the catalog description, except as may be expressly provided by applicable non-waivable law.
7. Risk of Loss and Title
7.1 Risk of Loss. Risk of loss and damage passes to the Buyer at the close of online bidding. The Buyer is responsible for arranging insurance from that moment forward. The Auction House is not a bailee and assumes no liability for loss or damage to purchased property after the sale.
7.2 Title. Title passes to the Buyer only upon receipt by the Auction House of the Total Purchase Price in full and in cleared funds.
8. Removal and Pickup
8.1 Removal Deadline. Buyer must remove all purchased property from the Auction House premises within seven (7) calendar days of the close of the auction, unless a different deadline is stated for a specific auction. Buyers must present paid invoice and valid photo identification at pickup.
8.2 Removal at Buyer's Risk. Buyer assumes all risk of damage, injury, or loss during inspection, loading, and removal of purchased property and agrees to indemnify the Auction House against any claims arising therefrom.
9. Restricted and Regulated Items
Certain items (including but not limited to firearms, ammunition, alcohol, tobacco, ivory, endangered species products, hazardous materials, and items subject to CITES or export controls) are subject to federal, state, and local laws and regulations. It is the Buyer's sole responsibility to comply with all such laws, obtain all required licenses and permits, and pay all related fees. The Auction House reserves the right to refuse delivery or shipping of any restricted item where compliance cannot be verified.
10. Online Bidding Disclaimer
The Buyer acknowledges that the internet is an unreliable, unsecured, and error-prone network. The Auction House does not guarantee uninterrupted or secure access to any online bidding platform and shall not be liable for any failure, delay, interruption, error, or omission in the transmission, execution, or processing of bids, whether caused by the Auction House, a third-party platform, the Buyer's equipment, or otherwise. Buyer agrees to hold the Auction House harmless for any such issues.
11. Prohibited Conduct
The following are strictly prohibited and constitute material breaches of these Terms: (a) shill bidding (placing bids to artificially inflate prices); (b) bid rigging or collusion among bidders; (c) interference with the bidding process; (d) misrepresentation of identity or financial capacity; (e) use of another person's account or bidder number without authorization; (f) any attempt to circumvent these Terms or arrange a private sale of any lot outside the auction to avoid the Buyer's Premium; and (g) harassment of staff or other bidders. Violators may be banned, reported to law enforcement, and held liable for all resulting damages.
12. Indemnification
Buyer agrees to indemnify, defend, and hold harmless the Auction House, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Buyer's participation in any auction; (b) Buyer's use, possession, transport, or disposition of purchased property; (c) Buyer's breach of these Terms; or (d) Buyer's violation of any law or regulation.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AUCTION HOUSE'S TOTAL AGGREGATE LIABILITY TO THE BUYER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY AUCTION SHALL NOT EXCEED THE AMOUNT OF THE BUYER'S PREMIUM ACTUALLY RECEIVED BY THE AUCTION HOUSE FROM THE BUYER FOR THE SPECIFIC LOT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL THE AUCTION HOUSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST OPPORTUNITIES, OR DIMINUTION IN VALUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Privacy and Communications
By registering, Buyer consents to the Auction House's collection and use of personal information in accordance with its Privacy Policy. Buyer further consents to being contacted by the Auction House by mail, email, telephone, or text regarding sales, purchases, and auction opportunities. Consent shall remain in effect until revoked in writing.
15. Dispute Resolution
15.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.
15.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or any auction shall be resolved by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or Consumer Arbitration Rules where applicable), before a single arbitrator, in Lake Ariel, Pennsylvania (or the nearest AAA-designated venue). Judgment on the award may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
15.3 Class Action Waiver. Buyer agrees that any arbitration or proceeding shall be conducted on an individual basis and not as a class, collective, or representative action. Buyer waives any right to participate in a class action.
15.4 Equitable Relief. Notwithstanding the foregoing, the Auction House may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or to enforce payment obligations.
16. General Provisions
16.1 Entire Agreement. These Terms, together with the registration form and any written announcements made at the auction, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, whether written or oral.
16.2 Amendments. The Auction House reserves the right to modify these Terms at any time. Any changes will be effective upon posting or announcement. Continued participation constitutes acceptance of the modified Terms.
16.3 No Waiver. No waiver of any provision shall be effective unless in writing signed by an authorized officer of the Auction House. No waiver of any breach shall be deemed a waiver of any subsequent breach.
16.4 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.5 Assignment. Buyer may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Auction House. The Auction House may freely assign these Terms.
16.6 Force Majeure. The Auction House shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, labor disputes, power or internet failures, or governmental action.
16.7 Headings. Headings are for convenience only and do not affect the interpretation of these Terms.
16.8 Lot-Specific Terms. Any lot-specific terms, special conditions, or notices posted on the online auction platform or in the lot description take precedence over conflicting general statements in marketing materials or catalog descriptions.

Buyer's Acknowledgment and Signature
By signing below (or by clicking "I Agree," registering online, or placing a bid), the undersigned Buyer acknowledges that he/she has read, understood, and agrees to be bound by all the foregoing Terms and Conditions, including, specifically, the 10% Buyer's Premium, payment in full and removal of property within seven (7) days of the close of the auction, the $50.00 returned check fee, the "as-is, where-is" sale, the default remedies, and the binding arbitration clause.