These Terms and Conditions of Sale govern all auctions conducted by Brooks Auction and apply to all bidders, buyers, purchasers, agents, representatives, and other participants, whether bidding in person, online, by telephone, by absentee bid, through the Brooks Auction app, through any third-party bidding platform, or by any other method accepted by Brooks Auction.
By registering to bid, requesting or using a bidder number, placing a bid, or purchasing any lot, each bidder and buyer acknowledges, accepts, and agrees to be bound by these Terms and Conditions of Sale, together with any auction-specific terms, lot-specific terms, posted notices, catalog updates, or announcements made by Brooks Auction.
1. Definitions
For purposes of these Terms and Conditions:
“Brooks Auction” means Brooks Auction, together with its owners, members, managers, officers, employees, auctioneers, agents, representatives, affiliates, successors, and assigns.
“Bidder” means any person or entity registering for, attempting to bid in, or participating in an auction.
“Buyer” means the successful bidder for any lot.
“Consignor” means the owner or purported owner of property offered for sale through Brooks Auction.
“Lot” or “Property” means any item, group of items, goods, personal property, or other property offered for sale.
2. Role of Brooks Auction
Brooks Auction acts as auctioneer and, unless otherwise expressly stated, as agent for the Consignor. Brooks Auction is not the owner of Property consigned for sale unless expressly identified as such.
The Consignor represents that the Consignor has the legal right, title, authority, and capacity to consign and offer the Property for sale.
Brooks Auction relies upon information, representations, documentation, and assurances provided by Consignors and third parties. Brooks Auction shall not be liable for any defect in title, ownership dispute, lien, encumbrance, claim, restriction, misrepresentation, omission, or other matter arising from or relating to the Consignor’s ownership, authority, or right to sell any Property.
3. Bidder Registration
All bidders must register and be approved by Brooks Auction prior to bidding.
Brooks Auction may require valid identification, contact information, a valid credit card, bank information, references, deposits, or such other information as Brooks Auction deems necessary or appropriate.
Online bidders may register at bid.brooks.auction or through the Brooks Auction app. Live auction bidders must register on-site before bidding.
Brooks Auction reserves the right, in its sole discretion, to approve, reject, suspend, revoke, or limit any bidder registration or bidding privileges at any time and for any reason.
Each registered bidder is responsible for all bids placed under such bidder’s number, account, login credentials, or registration, whether placed personally or by any agent, employee, family member, representative, or other person using such bidder’s information.
4. Binding Effect of Bids
All bids are irrevocable, unconditional, and binding when placed.
By placing a bid, each bidder represents that the bidder is ready, willing, and able to purchase the Lot for the amount bid, together with all applicable buyer’s premium, taxes, fees, costs, and charges.
No bid may be withdrawn, retracted, modified, or canceled except in the sole discretion of Brooks Auction.
The highest bidder acknowledged by Brooks Auction shall be the Buyer. In the event of any dispute, error, uncertainty, tie bid, technical issue, or other irregularity, Brooks Auction shall have sole and final authority to determine the successful bidder, reject any bid, reopen bidding, cancel the sale, or resell the Lot.
5. Absentee, Telephone, Proxy, Online, and Reserve Bidding
Brooks Auction may accept and execute absentee bids, telephone bids, online bids, app bids, written bids, and other authorized bid instructions on behalf of bidders.
By submitting an absentee bid, telephone bid, proxy bid, written bid, or other bid instruction, the bidder authorizes Brooks Auction and its employees, auctioneers, agents, or representatives to place bids on the bidder’s behalf up to the maximum amount authorized by the bidder.
Brooks Auction may execute absentee, telephone, proxy, online, or app bids competitively against live bids, online bids, telephone bids, absentee bids, or other bids.
Absentee, telephone, proxy, online, and app bidding are offered as a convenience only. Brooks Auction shall not be liable for failing to execute any bid or bid instruction, whether due to error, omission, miscommunication, inability to reach the bidder, technical failure, timing issue, staff availability, or any other reason.
Unless a lot or auction is expressly stated to be absolute or without reserve, Brooks Auction may offer items subject to reserve. A reserve is the minimum amount a Consignor is willing to accept for a Lot.
Where permitted by law and unless the Lot is expressly advertised as absolute or without reserve, Brooks Auction may bid on behalf of the Consignor or seller up to the reserve amount or other authorized limit. If the reserve is not met, the Lot may be passed, withdrawn, or remain unsold.
Lots expressly advertised as absolute or without reserve shall not be subject to reserve.
All bids executed by Brooks Auction on behalf of bidders, Consignors, or sellers shall be handled in accordance with the auction terms posted or announced for the sale.
6. Auctioneer’s Discretion
Brooks Auction reserves the right, at any time and in its sole discretion, to withdraw, divide, combine, modify, reopen, resell, pass, or cancel the sale of any Lot.
Brooks Auction may correct any clerical error, catalog error, bidding error, platform error, description error, photograph error, or other mistake at any time.
Announcements, updates, or corrections made by Brooks Auction prior to or during the auction shall supersede any prior printed, posted, cataloged, online, verbal, or advertised information.
7. Catalogs, Descriptions, Photographs, and Statements
All descriptions, photographs, measurements, condition notes, estimates, attributions, statements, and other information provided by Brooks Auction are provided solely as a convenience and general guide to prospective bidders.
Any statement regarding age, origin, maker, authorship, attribution, period, provenance, authenticity, material, size, weight, condition, completeness, rarity, quality, value, operation, salability, or any other characteristic of any Lot constitutes opinion only and shall not be deemed a representation, warranty, or guarantee.
Brooks Auction makes no representation or warranty that any description, photograph, condition report, or other statement is accurate, complete, current, or free from error.
Photographs may not show all defects, repairs, damage, wear, alterations, restorations, missing components, or condition issues. The absence of a condition report or reference to any defect shall not imply that a Lot is free from defects, damage, repairs, restoration, wear, missing parts, or other imperfections.
8. Inspection and Due Diligence
All bidders are strongly encouraged to inspect Property in person during the designated preview period and to conduct such independent investigation, inspection, research, and due diligence as they deem necessary prior to bidding.
Preview times may be posted for each auction. Appointments may be available by contacting Brooks Auction at (856) 694-2960.
Questions are welcome prior to auction closing; however, Brooks Auction does not guarantee that inquiries received within 12 hours of closing will be answered prior to the close of bidding.
Failure to inspect, failure to ask questions, failure to attend preview, or failure to conduct due diligence shall not relieve any bidder or Buyer from any obligation to complete the purchase.
9. As-Is, Where-Is; Disclaimer of Warranties
All Property is sold AS IS, WHERE IS, WITH ALL FAULTS, and without recourse against Brooks Auction or the Consignor.
To the fullest extent permitted by law, Brooks Auction and the Consignor expressly disclaim any and all warranties, express or implied, including, without limitation, any warranty of title, merchantability, fitness for a particular purpose, authenticity, attribution, age, origin, condition, quality, completeness, operability, value, salability, or non-infringement.
No employee, auctioneer, agent, representative, or other person has authority to make any warranty, guarantee, or representation binding upon Brooks Auction unless set forth in a written instrument signed by Brooks Auction.
All sales are final. No returns, refunds, exchanges, credits, cancellations, or chargebacks shall be permitted.
Once a Lot is sold, the Buyer assumes all responsibility for such Lot, including all risk of loss, damage, theft, deterioration, breakage, or destruction.
10. Payment
Payment shall be due in accordance with the payment terms posted for the auction or otherwise announced by Brooks Auction.
Accepted forms of payment may include:
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Credit card, except American Express;
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Cash; and
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Approved check.
Out-of-state checks may require a bank letter of credit. Brooks Auction reserves the right to require certified funds, wire transfer, cash, or another form of payment acceptable to Brooks Auction in its sole discretion.
No Property may be removed until payment has been received and cleared to the satisfaction of Brooks Auction.
11. Buyer’s Premium
Unless otherwise stated, all purchases are subject to a buyer’s premium.
For purchases paid by credit card, the buyer’s premium shall be twenty-three percent (23%) of the hammer price.
For purchases paid by cash or approved check, the buyer’s premium shall be twenty percent (20%) of the hammer price.
The reduced buyer’s premium for cash or approved check reflects a three percent (3%) discount for those payment methods. Brooks Auction does not impose a separate credit card surcharge.
The buyer’s premium is part of the total purchase price and shall be added to the hammer price of each Lot.
12. Sales Tax
All purchases are subject to applicable sales tax unless the Buyer provides valid resale, exemption, or other tax documentation acceptable to Brooks Auction, or unless the transaction or Property is otherwise exempt from sales tax.
New Jersey Sales Tax shall be charged where applicable at the rate in effect at the time of sale.
Buyers claiming exemption must provide all required documentation prior to payment. Brooks Auction reserves the right to determine whether exemption documentation is complete, valid, and acceptable.
Failure to provide acceptable exemption documentation shall result in sales tax being charged where applicable.
13. Invoices and Card on File
Invoices may be issued after the close of the auction. Failure to receive an invoice shall not relieve the Buyer of the obligation to pay.
The Buyer is responsible for reviewing all invoices and promptly notifying Brooks Auction of any claimed error.
If payment is not made within the required payment period, Brooks Auction may charge the Buyer’s card on file for the full invoice balance and any applicable charges, including storage, handling, disposal, moving, administrative, or collection costs.
14. Pickup, Loading, and Removal
All purchases must be removed within five (5) business days following the sale unless otherwise stated in the auction listing or announced by Brooks Auction.
The Buyer shall be solely responsible for pickup, packing, loading, removal, securing, transportation, and all related labor, materials, tools, equipment, vehicles, trailers, straps, boxes, padding, and supplies.
Brooks Auction may, as a courtesy and subject to availability, assist in locating or moving items. Any such assistance shall not create liability for Brooks Auction.
Brooks Auction shall not be responsible for any damage, loss, injury, breakage, or other harm occurring during packing, loading, removal, or transportation.
15. Storage, Late Pickup, and Abandonment
Property not removed within the required pickup period may be subject to storage charges.
Property not removed after fourteen (14) days may incur storage charges of five dollars ($5.00) per day, per invoice or per item, as determined by Brooks Auction.
Property not removed within thirty (30) days without prior written approval from Brooks Auction shall be deemed abandoned.
Upon abandonment, the Buyer shall forfeit all right, title, and interest in and to the Property, together with all amounts paid. Brooks Auction may, without further notice, resell, remove, dispose of, donate, store, retain, or otherwise deal with abandoned Property in any manner Brooks Auction deems appropriate.
The Buyer shall remain liable for any unpaid invoice balance, storage fees, moving costs, disposal costs, labor charges, collection costs, attorney’s fees, administrative charges, and any other expenses incurred by Brooks Auction.
16. Risk of Loss
Risk of loss shall pass to the Buyer upon Brooks Auction’s acceptance of the successful bid.
Brooks Auction shall not be responsible for loss, theft, breakage, damage, deterioration, or destruction of Property after the Buyer becomes the successful bidder, including during any period before pickup or shipping.
17. Shipping
Shipping is not guaranteed unless expressly offered by Brooks Auction for a particular auction or Lot.
If shipping is available, all packing, shipping, insurance, handling, labor, materials, and related charges shall be the sole responsibility of the Buyer.
Brooks Auction may ship items in-house, use third-party shippers, or require the Buyer to arrange shipping independently.
Brooks Auction shall not be liable for any loss, damage, delay, theft, breakage, mishandling, or other issue caused by any carrier, shipper, packer, or third-party service provider.
18. Vehicles, Titled Property, Equipment, and Special Items
Vehicles, trailers, boats, machinery, equipment, and other titled or regulated Property are sold as-is, where-is, with no guarantee of roadworthiness, seaworthiness, mechanical condition, operating condition, safety, emissions compliance, inspection status, registration status, or fitness for use.
Any titles, registrations, bills of sale, keys, manuals, accessories, parts, or related documents will be provided only if available and only as stated in the lot description or announced by Brooks Auction.
The Buyer is solely responsible for all title transfer, registration, taxes, fees, transportation, inspection, repairs, compliance, licensing, permits, insurance, towing, loading, and removal associated with any titled, regulated, oversized, mechanical, or special Property.
Brooks Auction does not guarantee that any vehicle, boat, trailer, machinery, equipment, or other special item can be legally operated, registered, inspected, transported, or used for any particular purpose.
19. Safety, Use, and Compliance
The Buyer assumes all responsibility for the safe handling, removal, transport, repair, use, resale, disposal, or operation of any purchased Property.
Items such as tools, machinery, electrical items, appliances, vehicles, equipment, firearms-related accessories, chemicals, fuel containers, medical items, children’s items, or other potentially regulated or hazardous items may require inspection, repair, certification, permits, compliance, or disposal before use.
Brooks Auction makes no representation that any item complies with any current safety standard, code, regulation, law, recall, certification, or manufacturer requirement.
20. Online Bidding and Technology
Online bidding is provided as a convenience only.
Brooks Auction shall not be responsible for missed bids, delayed bids, transmission errors, software malfunctions, app failures, internet outages, device issues, platform errors, incorrect bid increments, user error, or any other technical problem affecting bidding or participation.
Bidders are solely responsible for maintaining adequate internet access, device functionality, account access, and sufficient time to place bids.
Brooks Auction may pause, extend, reopen, cancel, or modify any auction or Lot closing in the event of a technical issue, bidding irregularity, clerical error, platform malfunction, or other circumstance deemed appropriate by Brooks Auction.
21. Default
A Buyer shall be in default upon failure to pay, failure to remove Property, attempted chargeback, failure to comply with these Terms and Conditions, or any other conduct deemed by Brooks Auction to interfere with the auction process.
In the event of default, Brooks Auction may exercise any remedy available at law or equity, including, without limitation, charging the card on file, canceling the sale, retaining payments, reselling the Property, suspending or revoking bidding privileges, recovering storage and collection costs, and pursuing any unpaid balance.
The defaulting Buyer shall be responsible for all costs and expenses incurred by Brooks Auction, including reasonable attorney’s fees, collection costs, court costs, administrative fees, storage fees, and resale expenses.
22. Chargebacks
By registering and bidding, the Buyer agrees not to initiate any credit card chargeback, payment dispute, stop payment, or similar action based upon condition, description, authenticity, inspection failure, buyer’s remorse, pickup failure, shipping issue, or any matter governed by these Terms and Conditions.
Any chargeback or payment dispute shall constitute a default, and Brooks Auction may pursue all available remedies.
23. Limitation of Liability
To the fullest extent permitted by law, Brooks Auction shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating to any auction, Lot, bid, purchase, payment, pickup, removal, shipping, use, resale, condition, authenticity, title, description, or these Terms and Conditions.
In no event shall Brooks Auction’s liability exceed the amount actually paid by the Buyer to Brooks Auction for the specific Lot giving rise to the claim.
24. Indemnification
Each bidder and Buyer agrees to indemnify, defend, and hold harmless Brooks Auction, its owners, employees, auctioneers, agents, representatives, affiliates, successors, assigns, and Consignors from and against any and all claims, demands, losses, damages, liabilities, costs, expenses, attorney’s fees, and causes of action arising out of or related to the bidder’s or Buyer’s registration, bidding, purchase, payment, pickup, removal, loading, transport, shipping, use, resale, default, abandonment, or breach of these Terms and Conditions.
25. No Waiver
No failure or delay by Brooks Auction in enforcing any right, remedy, term, or condition shall constitute a waiver of such right, remedy, term, or condition.
Any waiver must be in writing and signed by Brooks Auction. A waiver in one instance shall not constitute a waiver in any other instance.
26. Severability
If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
27. Governing Law and Jurisdiction
These Terms and Conditions, and all disputes arising out of or relating to any auction, bid, purchase, payment, pickup, removal, shipping, or Property, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict-of-law principles.
Each bidder and Buyer consents to the jurisdiction of the courts of the State of New Jersey for any dispute arising out of or relating to these Terms and Conditions or any transaction with Brooks Auction.
28. Entire Agreement; Auction-Specific Terms
These Terms and Conditions, together with any auction-specific terms, posted notices, catalog updates, lot-specific terms, and announcements made by Brooks Auction, constitute the entire agreement between the bidder, Buyer, and Brooks Auction with respect to the auction.
In the event of a conflict between these Terms and Conditions and any auction-specific terms, lot-specific terms, posted notices, or announcements, the auction-specific terms, lot-specific terms, posted notices, or announcements shall control.
29. Acceptance
By registering for an auction, placing a bid, or purchasing any Lot, each bidder and Buyer acknowledges that they have read, understood, and agreed to these Terms and Conditions of Sale.
Brooks Auction reserves the right to amend, modify, supplement, or update these Terms and Conditions at any time. The terms posted or announced for a particular auction shall govern that auction.