These Terms & Conditions of Sale ("Terms") govern all bidding, purchases, and participation in auctions conducted by Carolina Auction Group, LLC ("Carolina Auction Group," "CAG," "we," "us," or "our"), whether on-site, online, or through our live simulcast platform. By registering to bid, placing a bid, or completing a purchase, you (the "Bidder" or "Buyer") acknowledge that you have read, understand, and agree to be legally bound by these Terms. If you do not agree, do not register or bid.
1. Definitions
"Auction" means any sale of property conducted by CAG, including on-site, online, and live simulcast sales.
"Lot" means an item or grouped items offered for sale under a single lot number.
"Hammer Price" (or "Winning Bid") means the highest bid accepted by the auctioneer when a Lot is declared sold.
"Buyer’s Premium" means the additional amount, stated below, added to the Hammer Price.
"Purchase Price" means the Hammer Price plus the Buyer’s Premium, applicable taxes, and any other applicable fees.
"Platform" means CAG’s online/simulcast bidding system and any third-party bidding service CAG designates for a given Auction.
2. Agreement to These Terms
These Terms form a binding agreement between you and CAG. CAG may post supplemental or Lot-specific terms for a particular Auction; where supplemental terms conflict with these Terms, the supplemental terms control for that Auction. CAG may update these Terms at any time, and the version in effect at the time you bid governs your purchase.
3. Registration & Bidder Eligibility
To bid, you must register and be approved. By registering you represent that:
You are at least 18 years old and legally able to enter into a binding contract.
All information you provide (name, contact, billing, and any verification details) is true, current, and complete.
You are responsible for maintaining the confidentiality of your account and for all activity under it. Notify CAG immediately of any unauthorized use.
Registration does not guarantee approval. CAG may, in its sole discretion, approve, decline, limit, suspend, or revoke any bidder’s privileges at any time, with or without cause, and may require identity or payment verification before approving a bidder.
4. Auction Format & How Bidding Works
CAG conducts live simulcast auctions in which on-site and online bidders compete in real time. Bidding advances in increments set and adjusted by the auctioneer. Online bidders may place live bids and, where offered, confidential maximum ("proxy") bids, in which the Platform bids on the Bidder’s behalf up to the Bidder’s stated maximum. All bidding, whether live or by maximum bid, is subject to these Terms.
Auctions may be conducted with reserves or as absolute (no-reserve) sales. Where a Lot is subject to a reserve, it will not be sold below the reserve, and CAG or the seller may bid on behalf of the reserve up to the reserve amount, consistent with North Carolina law. The auction type and any reserves may or may not be disclosed to bidders.
5. Bids Are Binding; Contract of Sale
EVERY BID IS A BINDING, IRREVOCABLE OFFER TO PURCHASE. You may not retract, cancel, or withdraw a bid once placed. When the auctioneer declares a Lot sold (by the fall of the hammer, the close of online bidding, or otherwise), a binding contract of sale is formed between the Buyer and the seller, and the Buyer is legally obligated to complete the purchase at the Purchase Price. You are responsible for every bid placed under your account, including bids you claim were placed in error or by another person.
6. Buyer’s Premium & Payment Fees
A Buyer's Premium of ten percent (10%) of the Hammer Price will be added to the Hammer Price of every Lot and is a non-negotiable, non-refundable part of the Purchase Price. In addition to the Buyer's Premium, a payment processing fee of up to four percent (4%) of the total amount due will be added to any purchase paid by credit card, debit card, or other electronic or digital payment method; this fee does not apply to payments made by cash or approved check. Applicable sales tax is calculated on the Hammer Price plus the Buyer's Premium.
7. Sales & Use Tax
North Carolina sales and use tax (currently 7% in the applicable county, subject to change) and any other applicable taxes will be added to the Purchase Price unless the Buyer provides a valid, properly completed tax-exemption certificate acceptable to CAG before payment. The Buyer is responsible for any taxes not collected at the sale.
8. Payment
Payment in full is due on auction day. Accepted payment methods are cash, verified check, ACH, credit/debit card. A card processing surcharge of three percent (3%) applies to payments made by credit or debit card. All amounts are in U.S. dollars.
No Lot will be released until the Purchase Price has cleared in full. Returned, reversed, charged-back, or dishonored payments constitute a default (see Section 14) and may incur fees and interest as permitted by law.
9. Condition of Property — "AS-IS, WHERE-IS," No Warranties
ALL LOTS ARE SOLD "AS-IS, WHERE-IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CAG AND THE SELLER EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (except as required by law), DESCRIPTION, GENUINENESS, AUTHENTICITY, PROVENANCE, OR CONDITION.
The Buyer is solely responsible for inspecting each Lot and satisfying themselves as to its condition, authenticity, and suitability before bidding. Inspection opportunities are offered when requested. Bidding on a Lot confirms the Buyer has had the opportunity to inspect it or has knowingly waived that opportunity.
10. Descriptions, Photos & Estimates
Lot descriptions, photographs, condition notes, and any estimates are provided in good faith for general guidance only and are statements of opinion, not representations of fact or guarantees. CAG does not warrant their accuracy and is not liable for errors, omissions, or typographical mistakes. The auctioneer may correct or clarify any description, at or before the sale, and such corrections take precedence over printed or posted materials.
11. Reserves & Auctioneer’s Discretion
The auctioneer has sole and absolute discretion to: set and enforce reserves; add, withdraw, combine, or divide Lots at any time before or during the sale; set and change bid increments; refuse or reject any bid, including bids not commensurate with a Lot’s value; advance bidding at the auctioneer’s discretion; resolve any dispute over bidding, including reopening the bidding or re-offering a Lot; and determine the successful Bidder. In all matters of dispute, the auctioneer’s decision is final and binding.
12. Title & Risk of Loss
Title to a Lot passes to the Buyer only upon receipt of payment in full. Risk of loss and responsibility for the Lot pass to the Buyer at the fall of the hammer or close of bidding. From that moment, the Buyer is responsible for insuring and safeguarding the Lot, whether or not it has been removed. CAG is not responsible for loss or damage to any Lot after the sale.
13. Removal & Pickup
The Buyer is responsible, at the Buyer’s own cost, risk, and labor, for the removal of purchased Lots. Removal must occur at address provided in auction details, by the following day . The Buyer must bring appropriate help, tools, and transportation. CAG is not responsible for injuries, property damage, or loss occurring during removal, and the Buyer assumes all such risk and agrees to indemnify CAG for it. Lots not removed by the deadline may incur storage fees of $30.00 Per Day and, after 15 days, may be deemed abandoned and resold or disposed of without further notice, with no refund.
14. Default & Remedies
A Buyer who fails to pay in full or to remove Lots as required, or whose payment is dishonored, is in default. In the event of default, CAG and the seller may exercise any remedy available at law or in equity, including, without limitation:
Cancelling the sale and reselling the Lot(s) publicly or privately, holding the defaulting Buyer liable for any resulting deficiency plus all costs of resale;
Retaining any payments or deposits as liquidated damages to the extent permitted by law;
Charging fees for returned or dishonored payments, storage, and reasonable attorneys’ fees and collection costs, plus interest at the maximum lawful rate;
Suspending or permanently banning the Buyer from future auctions; and
Reporting the default to third-party bidding platforms and to authorities where fraud is suspected.
15. Online Bidding & Technology Disclaimer
Online and simulcast bidding depends on internet connectivity, third-party networks, devices, and software that are outside CAG’s control. CAG does not guarantee uninterrupted or error-free operation and is not responsible for any missed, delayed, lost, or unregistered bids, or for any lost sale, resulting from internet outages, connection or device failures, software errors, latency, or any other technical problem, whether on the Bidder’s side or the Platform’s. The Bidder assumes all risk of bidding online. CAG may, in its discretion, pause, extend, restart, or cancel bidding, or resolve a Lot in any reasonable manner, to address technical issues. Bidders who are not comfortable with these risks are encouraged to bid on-site or by another approved method.
16. Bidder Conduct; No Shill or Fraudulent Bidding
Bidders must not: place false, fraudulent, or non-serious bids; use false bidders, "cappers," or "pullers," or engage in shill bidding; collude, interfere with, or manipulate the bidding; use another person’s account without authorization; or use any device or method to gain an unfair advantage. CAG may void any bid, cancel any sale, and suspend or ban any Bidder it reasonably believes has violated this Section, and may pursue all available legal remedies.
17. Firearms & Regulated Items
Any firearm, ammunition, or other regulated item is sold in full compliance with all applicable federal, state, and local laws. The Buyer represents that they are legally eligible to purchase and possess such item. Firearms will be transferred only through a licensed Federal Firearms Licensee (FFL) and are subject to all required background checks, waiting periods, and documentation. The Buyer is responsible for arranging a lawful transfer (including any FFL-to-FFL shipment) and for all associated fees. CAG and the transferring FFL may refuse or cancel any transfer that would be unlawful, and no refund of the Buyer’s Premium or fees will be owed for a Buyer’s failure or ineligibility to complete a lawful transfer.
18. Identity & Payment Verification
CAG may require Bidders to verify their identity, contact information, and/or payment method as a condition of bidding or of releasing purchases, and may decline or limit any Bidder who does not complete verification to CAG’s satisfaction.
19. Limitation of Liability; Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW, CAG’S TOTAL LIABILITY TO A BUYER FOR ANY CLAIM ARISING OUT OF AN AUCTION OR PURCHASE SHALL NOT EXCEED THE AMOUNT THE BUYER ACTUALLY PAID TO CAG FOR THE LOT(S) AT ISSUE. CAG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR OPPORTUNITY. The Buyer agrees to indemnify, defend, and hold harmless CAG, its members, employees, and agents from any claim, loss, or expense arising out of the Buyer’s bidding, purchase, removal, use, or resale of any Lot, or the Buyer’s breach of these Terms.
20. Privacy & Records
CAG collects registration, verification, and transaction information to conduct its auctions, verify bidders, process payments, meet its legal and recordkeeping obligations, and communicate with bidders. CAG maintains sale records as required by North Carolina law. CAG does not sell your personal information. See our Privacy Policy.
21. Communications & Recording
By registering, you consent to receive auction-related communications from CAG by email, text, and/or phone, and you consent to the audio and/or video recording and live streaming of the Auction, which may include bidders present on-site.
22. Governing Law, Venue & Disputes
These Terms and any dispute arising from an Auction are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules, and are subject to the North Carolina auction statutes (N.C. Gen. Stat. Chapter 85B) and the rules of the North Carolina Auctioneers Licensing Board. The exclusive venue for any dispute is the state or federal courts located in Stanly County, North Carolina, and the parties consent to that jurisdiction.
North Carolina maintains an Auctioneer Recovery Fund that may provide limited relief to buyers harmed by certain unlawful acts of a licensed auctioneer, subject to statutory limits and procedures. Nothing in these Terms limits any right you have under North Carolina law.
23. Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. CAG’s failure to enforce any provision is not a waiver of it. These Terms, together with any Auction-specific terms, are the entire agreement between the parties regarding the Auction and supersede any prior understanding. Headings are for convenience only. The Buyer may not assign its obligations without CAG’s consent.
24. Auctioneer & Contact Information
Carolina Auction Group, LLC
Keith Yow, Auctioneer — NCAL #9422 • Todd Street, Auctioneer — NCAL #9983
Serving Stanly, Union, and surrounding counties, North Carolina.
Mailing address: 4100B Renee Ford Rd, Stanfield, NC 28163 • Phone: 704.622.6777 or 704.791.4009 • Email: admin@carolinaauctiongroup.com • Web: www.carolinaauctiongroup.com
Acknowledgment
By checking "I accept the auction Terms & Conditions" during registration, and by placing any bid, you acknowledge that you have read, understand, and agree to be legally bound by these Terms & Conditions of Sale, and that your bids are binding and irrevocable offers to purchase.