ONSITE AUCTIONS   |   INHOUSE AUCTIONS   |   REAL ESTATE AUCTIONS

Please note: The information below is subject to change across individual sales. Please review the Sale-Specific Terms and Conditions and the Sale’s details page for any exceptions.

NOTICE:  All Bidders and others attending this auction agree that they have read and fully understand these terms and agree to be bound thereby.  Announcements made at the auction take precedence over these terms and conditions.

GENERAL ONSITE TERMS AND CONDITIONS

1. IDENTIFICATION: All Purchasers are required to have a Bidder’s number, which will be valid for this Auction Sale only.  Full Name, Address, Phone Number and Signature are necessary to receive a Bidder’s Number.
2. INSPECTION: Purchasers may inspect the merchandise and are urged to do so on the designated day(s).       
3. DEPOSIT: 25% Deposit (minimum $100.00) will be required from the Purchaser at the time that the lot is struck down, or so much more, up to the full amount of the bid, at the Auctioneer’s demand and option.
4. MANNER OF PAYMENT: All deposits, as well as balances due on subsequent bills, will be made in cash or cashier’s checks drawn to the order of Wm. F. Comly & Son, Inc.  Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment.  Bank wire transfers will also be accepted for payment. More on Payment Options…
5. TIME & PLACE OF PAYMENT: All bills must be paid for in full the day of the sale unless prior arrangements have been made with the Auction Company.  Bills may be paid for on the premises or at the office of the Auctioneer, WM. F. COMLY & SON, INC. 1825 E. BOSTON STREET, PHILADELPHIA, PA
6. TIME OF REMOVAL: All goods must be removed from the premises by ______, ______, 200_ (see sale specific terms).  No goods will be released to the purchaser until the entire Auction is completed and until the entire bill is paid for in full.  Hours for removal are from 8:30 AM – 4:00 PM. More on Removal…
7. MANNER OF REMOVAL: Purchasers must remove the merchandise from the premises at their own risk, expense and liability.  Purchases can be removed only upon presentation of original paid bill.  Auction Company is not responsible for items that are not removed within the time specified and has the option of dumping, storing or re-selling any item purchased at the expense and risk of the Purchaser. More on Removal…
8. NON-PAYMENT: In default of payment of bills in full within the time herein specified, the Auction Company, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise as liquidated damages.  Lots not paid for or removed within the time specified herein will be considered abandoned and may be resold at public or private sale without further notice and any deficiency, together with all expenses and cost of re-sale, will be charged to the defaulting Purchaser.
9. NON-DELIVERY RESPONSIBILITY: All purchases made are at the Purchaser’s risk.  The Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever.  The Auction Company shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Purchaser of any lot, other than for the return to the Purchaser of the deposit or sum paid on said lot, should the Purchaser be entitled to it.
10. CONDITION OF ITEMS SOLD: Auction Company is not responsible for the correct description, authenticity, genuineness of, or defect in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold "AS IS" and without recourse. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale.
11. MANNER OF ITEMS SOLD: All items will be sold on a unit basis, unless listed and announced as being sold by the "Lot". The Auctioneer reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Auctioneer also reserves the right to withdraw from sale any of the items listed or to sell at this Auction items not listed. Whenever the best interest of the Seller will be served, the Auctioneer reserves the right to sell all of the items listed in bulk.
12. SALE BY COUNT, MEASURE OR WEIGHT: Where items are sold by count, measure or weight, the Purchaser will be billed for, and required to pay, the estimated count, measure or weight. If, upon removal, any shortage exists, the Purchaser will receive a refund at the rate of purchase. If there is any excess, the Purchaser is required to accept and pay for this excess at the rate of purchase.
13. CLAIMS: No claims or allowance of any sort will be allowed once the goods have been removed from the premises.
14. DISPUTE BETWEEN BIDDERS:  If any dispute arises between two or more Bidders, the Auctioneer may decide the Sale or may immediately put the lot up for sale again and resell to the highest Bidder. The decision of the Auctioneer shall be final and absolute.
15. PERSONAL & PROPERTY RISK:  Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold    harmless Auction Company and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Neither the Auction Company nor his principal shall be held liable by reason of any defect in or condition of the premises on which the sale is held.
16. INDEMNIFICATION:  Purchaser agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising there from.
17. RECORDS:  The record of sale kept by the Auctioneer and Bookkeeper will be taken as final in the event of any dispute.
18. AGENCY:  The Auctioneer is acting as agent only and is not responsible for acts of its principals.
19. ADDITIONAL TERMS: The Auctioneer may add other terms and conditions of sale by announcements at the Auction Sale.
20. BUYER’S PREMIUM: _____% Buyer’s Premium will be added to all purchases. More on Buyer’s Premium…
21. SALES TAX:  Purchaser shall pay applicable sales or use taxes imposed by taxing authorities unless Purchaser presents a resale certificate exempting the Purchaser and Auction Company from the payment of any such sales and use taxes.
22. RIGGING:  Removal and rigging to be at purchaser’s own expense, risk and liability.  A certificate of insurance for $1,000,000.00 naming Wm. F. Comly & Son, Inc. and Seller as additional insured entities must be presented to the Auction Company for all heavy rigging requiring the use of forklifts, cranes, etc., whether performed by the customer or a rigging company. The auctioneer has the right to reduce or eliminate these requirements at his sole discretion.  More on Rigging…

GENERAL INHOUSE TERMS AND CONDITIONS

The following terms and conditions apply to our inhouse warehouse auctions.  These auctions take place in our warehouse facility on Boston St in Philadelphia, PA.

NOTICE:  All Bidders and others attending this auction agree that they have read and fully understand these terms and agree to be bound thereby.  Announcements made at the auction take precedence over these terms and conditions.

1. IDENTIFICATION: All Purchasers are required to have a Bidder’s number, which will be valid for this Auction Sale only.  Full Name, Address, Phone Number and Signature are necessary to receive a Bidder’s Number.
2. INSPECTION: Purchasers may inspect the merchandise and are urged to do so the day before the sale from 9:00 am – 4:00 pm.
3. DEPOSIT: 25% Deposit (minimum $100.00) will be required from the Purchaser at the time that the lot is struck down, or so much more, up to the full amount of the bid, at the Auctioneer’s demand and option.
4. MANNER OF PAYMENT: All deposits, as well as balances due on subsequent bills, will be made in cash or cashier’s checks drawn to the order of Wm. F. Comly & Son, Inc.  Company checks will only be accepted when accompanied by a valid bank letter of guarantee payment.  Bank wire transfers will also be accepted for payment. More on Payment Options…
5. TIME OF PAYMENT: All bills must be paid for in full by 4:00 pm on the Friday following the auction sale. 
6. TIME OF REMOVAL: All goods must be removed from the premises by 4:00 pm on the Friday following the auction sale. No goods will be released to the purchaser until the entire Auction is completed and until the entire bill is paid for in full.  Hours for removal are from 8:30 AM – 4:00 PM. More on Removal…
7. MANNER OF REMOVAL: Purchasers must remove the merchandise from the premises at their own risk, expense and liability.  Purchases can be removed only upon presentation of original paid bill.  Auction Company is not responsible for items that are not removed within the time specified and has the option of dumping, storing or re-selling any item purchased at the expense and risk of the Purchaser. More on Removal…
8. NON-PAYMENT: In default of payment of bills in full within the time herein specified, the Auction Company, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise as liquidated damages.  Lots not paid for or removed within the time specified herein will be considered abandoned and may be resold at public or private sale without further notice and any deficiency, together with all expenses and cost of re-sale, will be charged to the defaulting Purchaser.
9. NON-DELIVERY RESPONSIBILITY: All purchases made are at the Purchaser’s risk.  The Auction Company shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever.  The Auction Company shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Purchaser of any lot, other than for the return to the Purchaser of the deposit or sum paid on said lot, should the Purchaser be entitled to it.
10. CONDITION OF ITEMS SOLD: Auction Company is not responsible for the correct description, authenticity, genuineness of, or defect in any lot and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods are exposed for public exhibition and are sold "AS IS" and without recourse. It is for this reason that all Buyers should avail themselves of the opportunity to make inspection prior to sale.
11. MANNER OF ITEMS SOLD: All items will be sold on a unit basis, unless listed and announced as being sold by the "Lot". The Auctioneer reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Auctioneer also reserves the right to withdraw from sale any of the items listed or to sell at this Auction items not listed. Whenever the best interest of the Seller will be served, the Auctioneer reserves the right to sell all of the items listed in bulk.
12. SALE BY COUNT, MEASURE OR WEIGHT: Where items are sold by count, measure or weight, the Purchaser will be billed for, and required to pay, the estimated count, measure or weight. If, upon removal, any shortage exists, the Purchaser will receive a refund at the rate of purchase. If there is excess, the Purchaser is required to accept and pay for this excess at the rate of purchase.
13. CLAIMS: No claims or allowance of any sort will be allowed once the goods have been removed from the premises.
14. RESERVE: The Auctioneer reserves the right to reject any and all bids.  On lots that have a reserve, the Auctioneer has a right to bid on behalf of the Seller.
15. DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more Bidders, the Auctioneer may decide the Sale or may immediately put the lot up for sale again and resell to the highest Bidder. The decision of the Auctioneer shall be final and absolute.
16. PERSONAL & PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold harmless Auction Company and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Neither the Auction Company nor its principal shall be held liable by reason of any defect in or condition of the premises on which the sale is held.
17. INDEMNIFICATION: Purchaser agrees to indemnify and hold harmless Auction Company and Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising there from.
18. RECORDS: The record of sale kept by the Auctioneer and Bookkeeper  will  be taken as final in the event of any dispute.
19. AGENCY:The Auctioneer is acting as agent only and is not responsible for acts of its principals.
20. BUYER’S PREMIUM: A 13% Buyer's Premium will be added to all purchases.  The Buyer's  Premium will be reduced to 10% if the entire bill is paid by cash or cashier's check. More on Buyer’s Premium…
21. SALES TAX: Purchaser shall pay applicable sales or use taxes imposed by taxing authorities unless Purchaser presents a resale certificate exempting the Purchaser and Auction Company from the payment of any such sales and use taxes.
22. ADDITIONAL TERMS: The Auctioneer may add other terms and conditions of sale by announcements at the Auction Sale.

REAL ESTATE TERMS AND CONDITIONS

Please note: The information below is subject to change across individual sales. Please review the Terms and Conditions available in the bidder’s kit or the sale’s details page for any exceptions.

AUCTION REGISTRATION
All persons interested in bidding at the auction must register on the day of the auction at the site of the auction, with Wm. F. Comly & Son, Inc. (Comly Auctioneers & Appraisers) by completing a registration form setting forth their name, address, telephone number, driver's license, and company representation.  We will require a deposit in the form of a cashier’s check in the amount of $____________ to be shown to the registration clerk prior to receiving a bidder’s card.

FINANCING
If your purchase requires financing you must make arrangements with Comly at least 72 hours prior to the start of the auction so they can assure the Seller that your bid is backed by a pre-approved and fully underwritten loan.

AGREEMENT OF SALE
A sample agreement of sale is available in the bidder’s package.

FINALIZING THE AGREEMENT OF SALE
The highest bidder for the property shall be required immediately upon conclusion of the bidding and at the place of the auction:

1. To sign the Agreement of Sale.
2. To surrender the deposit in a cashier's check made payable to WM. F. COMLY & SON, INC.

The agreement of sale will be subject to the confirmation of the Seller usually within  seventy-two (72) hours of the auction sale.

SETTLEMENT
The balance of the purchase price together with the net amount of any adjustments shall be paid by cashier's check at the time of settlement.  Settlement will normally take place within 30 to 60 days from the date of the auction sale.

TITLE
The successful purchaser will receive a deed for the property at the time of settlement.

CONDITIONS
The property will be sold in "AS IS" condition without warranty or representation of any nature whatsoever.  All statements oral or written made at or before the time of the auction including, but not limited to the sale brochure, advertisement, or the bidder's information package, pertaining to, but not limited to, location, zoning, taxes, condition, title, survey, etc. of the property are for information only, and should be verified by the purchaser prior to making a bid and such bid shall not be in reliance upon any representations oral or written made by Wm. F. Comly & Son, Inc. (Comly Auctioneers & Appraisers) or its representatives.  All announcements from the auction block will take precedence over any previously printed material or any other statements made.