The Buyer must present the Facility
with a current valid photo I.D. and must be at least 18 years of age.
The Buyer must return a signed
Storage Auction Agreement within 72 hours of the auction close date/time.
The Facility is selling the
complete contents of the Unit, unless otherwise specified, AS IS – WHERE IS – NO REFUNDS! All Sales Are Final. The Facility
makes no representations as to the value, condition or from where the contents
originated! The Unit is in the same condition and has not been
opened since the start of the online auction.
If the Unit occupant
pays their past due balance prior to the auction end date, the auction
sale will become null and void.
The Facility Owner
and/or Manager can bid on the Unit, but ONLY for the purposes of
purchasing the contents of the Unit – NOT to game or shill bid.
Gaming or Shill bidding is
illegal and STRICTLY FORBIDDEN. Any bidder caught preforming these actions
will be banned from the current and all future auctions.
Deposits: The Buyer must pay a $100 Deposit per Unit (paid in cash) within 72
hours (or by a time arranged with the Facility) of winning the bid. This
Deposit will be refunded upon satisfactory completion of removing all items
from the Unit (leaving it in broom swept condition), and returning personal
belongings (if any -- as defined below), within the required time frame. If the
Deposit is not received by the stated date/time, the Facility reserves the
right to reject the winning Buyer and contact the 2nd highest bidding Buyer.
The Unit must be cleaned
out completely (left in broom swept condition), and the temporary access lock
& key returned to the Facility within 72 hours (or by a time specified and
arranged with the Facility) of the close of the auction. Failure to do so
results in the Facility retaining the Deposit and possession of the Unit
contents.
Method of Payment: Cash
only. All Deposit, Unit winning bid price, and
sales tax must be paid in full to the Facility prior to removal of the Unit
contents.
Upon receipt of full payment
for the Unit, the Facility shall provide the Buyer with a temporary lock and
key to use while accessing the Unit -- The Buyer
may not use their own lock & key. This temporary lock & key must
be returned immediately once the Unit is vacant/cleaned. If the lock & key
is not returned by the specified timeline, the cost of the lock and key will be
deducted from the Deposit.
The Buyer is responsible to
completely clean out the Unit. The Buyer is not allowed to use the Facility
dumpster, any empty storage units, or any illegal dumping on or around adjacent
properties. If the Buyer does not conform to the terms of this agreement, the Buyer
will forfeit the Deposit and the ability to attend or purchase at any future
auctions.
Personal Items: All
personal paperwork/computer records (to include but not limited to: family
photos, social security cards, birth certificates, government issued licenses
or ID, tax records, medical records, medications, school diplomas, and work
history) pertaining to the Unit, must be boxed and returned to the Facility
office within 7 days. The Buyer must box or bag such items and return
said items in to the Facility office before receiving the Deposit. There
are NO EXCEPTIONS! Failure to return personal information will result
in the Buyer forfeiting their ability to participate in future auctions.
The Buyer acknowledges that,
in certain circumstances beyond the Facility control, the Facility has the
right to void any sale of any Unit due to evidence of a wrongful sale or
paperwork error by the Facility. The
Buyer agrees and will be refunded any monies paid to the Facility
or Auction Platform for the Unit that was auctioned (including any sale tax and
service fees) in order to prevent court litigation.
Illegal Contraband of any kind as defined by the
ATF and/or police (including but not limited to: illegal Guns, Weapons,
Alcohol, Cigarettes, Medications, Drugs, and Drug Paraphernalia) the Buyer must
relinquish these items to the proper authorities.
LIABILITY: The Buyer (and those with you) are responsible for their own safety at
all times while at the Facility. No pets
of any kind or smoking is allowed at the Facility. The Buyer agrees that the Facility and
Facility’s agents and employees shall not be liable whatsoever to any extent to
the Buyer or Buyer's invitees, family, employees, agents or servants for any
personal injury or death arising from the Buyer's use of the Unit or the
Facility from any cause whatsoever.
All purchased items should
be inspected prior to leaving the Facility. It is possible the Unit occupants stored
illegal items, so please check each item carefully. The Facility is not liable for any illegal contents in the Unit. The
Buyer must relinquish illegal items over to the proper authorities.
Governing Law: ALL DISPUTES SHALL BE HANDLED BY ARBITRATION. ANY CLAIMS OR
CONTROVERSIES ARISING OUT OF THIS AGREEMENT, OR THE NEGOTIATION, LEGITIMACY OR
PERFORMANCE OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARKANSAS
WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS. In case any section, clause,
sentence, paragraph or part of this contract shall for any reason be judged by
any court of competent or final jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder of this contract, but shall be
confined in its operation to the section, clause, sentence, paragraph or part
thereof directly involved in the controversy in which said judgment shall have
been rendered.
Severability: If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall remain enforceable. If any inconsistency exists between the terms of this Agreement and any additional
terms and conditions of Additional Agreements such terms shall be interpreted
as to remove any inconsistency, if possible, and otherwise, the additional
terms and conditions of the Additional Agreements shall control.
Assignment: Third-Party
Beneficiaries. This Agreement shall inure to the benefit of the Facility’s and the
Buyer’s successors and assigns. Except as set forth in this Agreement, this
Agreement shall not benefit or create any right or grounds of action in or on
behalf of any person other than the parties hereto.
Notices: Except as otherwise
provided herein, any notices to be given pursuant to this Agreement may be given by email to info@solidrockstorage.com or
delivered to 157 Millwood Lane, Bismarck AR 71929.
Force Majeure: Neither the Facility nor the Buyer shall be liable for any failure or
delay in performance under this Agreement to the extent said failures or delays
are proximately caused (1) by causes beyond that party’s reasonable control and
occurring without its fault or negligence, including, without limitation,
failure of suppliers, subservice providers, and carriers, or (2) is as a result
of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether
war is declared or not), civil war, rebellion, revolution, insurrection,
military or usurped power of confiscation, terrorist activities, nationalization,
government sanction, blockage, embargo, labor dispute, strike, lockout or
interruption or failure of electricity provided that as a condition to the
claim of non-liability, the party experiencing the difficulty shall give the
other prompt notice, with full details following the occurrence of the cause
relied upon.
Integration: This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to such subject matter
hereof.
