Auction Sales Agreement
This agreement, between the operator shown above, and the Buyer identified below, respects a sale by public auction of the contents of storage units at Operator’s self-storage facility conducted to foreclosure Operator’s lien on such contents for non-payment of amounts due. By entering upon the premises and/or by bidding, Buyer agrees to be bound by these stipulations.
1.INSPECTION. Each unit will be opened prior to sale for inspection from the doorway only. The storage units may NOT be entered for inspection, nor may boxes be opened or contents rifled for prior inspection. 2.BIDDING. Unless announced to the contrary, Buyer is bidding on the entire contents of each unit, not on selected pieces. The sale is being conducted with reserve. Operator also reserves the right to refuse any bid in its sole discretion, and to withdraw contents from sale, in whole or in part. Operator reserves the right to bed. All decisions of the auctioneer are final. 3.CONTENTS PURCHASED. Except for motor vehicles or boats, auctions of lots or of entire units are deemed to include all of the contents of each lot or unit, including materials with no apparent value, such as family photos and other memorabilia of the prior owner and trash. Buyer may, but need not, give family photos and memorabilia of the prior owner to Operator to hold for the former owner. Only those motor vehicles and boats that have been advertised as being subject to sale will be sold. Motor vehicles or boats not so advertised, and/or which are discovered inside purchased units following a sale are neither purchased by nor conveyed to Buyer. 4.CONDITION OF CONTENTS. All purchased contents are sold “as-is-where-is,” without warranty of any kind, express or implied, nor with representation as to their suitability or fitness for any purpose whatsoever. Following purchase, all risk of loss to the contents of each purchased unit becomes Buyer’s responsibility. Operator has no liability whatsoever as to the contents following sale. 5.LOCKS. Immediately following the sale of each unit, it will be relocked with the Operator’s padlock. Buyer may not put Buyer’s lock on the unit until after full payment has been made. 6.PAYMENT. Payment must be made in full, in cash, immediately following the close of the last sale of the day. All Sales are final. No refunds or exchanges will be made. Buyer will be afforded no access to purchased contents until paid for in full, including posting of the clean-out deposit payments not timely made for contents purchased are subject to collection and related cost of the collection. 7.DEPOSIT. Buyer agrees to post the amount of the Clean-Out Deposit above for each unit purchased as a condition of buying contents. The deposit is to be posted and paid IN ADDITION TO AND AT THE TIME OF PAYMENT FOR EACH PURCHASED UNIT. Deposits will NOT be applied against the purchase price on any sale, but will be refunded upon a demonstration that the entire contents of the subject storage units have been removed. 8.REMOVAL. All contents purchased must be removed by Buyer by the close of business on the day indicated above as the Clean-Out Deadline. A storage charge in the amount indicated above as the Storage Charge per month will be assessed for each day or part thereof that purchased contents left by buyer in each purchased unit remain after the deadline. At its sole discretion, Operator may treat contents left after the removal deadline as abandoned, and subject to resale or disposal, in which event no refund of purchase price or deposit will be made to Buyer. 9.RELEASE OF LIABILITY. Operator and its agents, guests, employees, principals and other representatives shall not be liable, even if they are negligent, for any personal injuries arising out of Buyer’s entry upon the premises or Buyer’s use and access to sale units, or for damage to Buyer’s property. This release extends to Buyer and to all those entering upon the property with or on behalf of Buyer. 10.INDEMNITY AND LIABILITY. Buyer, individually and on behalf of all those persons who may enter the property with or on behalf of Buyer, agrees to defend, indemnify and hold harmless Operator (including cost of attorney’s fees) against all claims and demands, including but not limited to those for personal injury or property damage, arising out of Buyer’s use or access to sale units and the property. Buyer acknowledges that Operator does not represent or warrant the safety or security of the sale units or the property. 11.AUCTION BUYER POLICIES AND PROCEDURES. Under no circumstances is the buyer allowed to keep items on A-Family property longer than the clean out date deadline. Buyer may rent the unit(s) if he/she needs more time to remove the property. If the buyer does not follow the rules stated above regarding the removal of the units property, the unit will be deemed abandoned. If the unit is not completely cleaned out, the Buyer will be charged a $50.00 fee for removal of any items left in the unit and Buyer will be restricted from further auction purchases at any A-Family Discount Storage location. Buyer may not enter the property without informing the Manager. The Buyer may only enter the property during business hours. The Buyer will not have a gate code. The Buyer may not use the property dumpster to clean out the unit.