Auction Terms & Conditions

By registering to bid, placing a bid, purchasing or paying for an item, or accepting pickup or shipment of an item, you acknowledge that you have read and agree to these Terms & Conditions (“Terms”). If you do not agree, do not register or bid. These Terms apply together with any auction-specific rules, lot notes, pickup parameters, and invoice terms posted by Tex Auctions. If auction-specific terms conflict with these Terms, the auction-specific terms control for that auction.

• You represent that you have legal capacity to enter this agreement and may lawfully use each payment method you provide.
• If you bid for a business or another person, you represent that you have authority to bind that party.
• You must provide accurate, current registration information and safeguard your account credentials.
• You are responsible for bids and other activity conducted through your account, except to the extent prohibited by applicable law.
• We may require reasonable identity, address, or payment verification before accepting bids or releasing items.

• Each bid is binding. The winning bidder must pay the invoice in full.
• Auctions may use posted bid increments, reserve prices, extended bidding or “soft close,” and tie-breaking procedures.
• Tex Auctions may reject or remove bids, withdraw or reopen a lot, correct a material clerical error, or suspend bidding privileges when reasonably necessary to address fraud, abuse, technical failure, nonpayment, or an error affecting the integrity of the sale.
• Tex Auctions’ records determine the winning bidder and final sale price, subject to applicable law.

All items are sold as is, where is, with all faults, and without warranties, express or implied, except for any warranty expressly stated in writing for a specific lot or any warranty that cannot lawfully be disclaimed.

• Items may include overstock, returns, liquidation merchandise, shelf pulls, open-box goods, used goods, incomplete goods, or damaged goods.
• Descriptions and photographs are provided for identification and convenience and may not reveal every defect, missing part, repair, variation, or incompatibility.
• Buyer is responsible for reviewing all lot notes and inspecting items when inspection is offered before bidding.
• Unless expressly stated in writing for a lot, Tex Auctions makes no guarantee of merchantability, fitness for a particular purpose, compatibility, completeness, authenticity, age, mileage, operating hours, or condition.

• Buyer’s premium: 15% of the winning bid for every lot unless a different amount is disclosed for that auction or lot.
• Lot fee: $2.00 per lot unless a different amount is disclosed for that auction or lot.
• Taxes: Applicable sales tax will be charged unless valid exemption documents are submitted and accepted before payment.
• Other charges: Shipping, handling, platform, payment, storage, or other charges apply only when offered or disclosed for the applicable transaction.

Payment is due when the invoice is issued unless the invoice states an earlier deadline. Tex Auctions may accept cash, card, Apple Pay, or other posted methods. Charges may appear as Tex Auctionson your statement.

By providing a payment credential, you authorize Tex Auctions to charge the invoiced total, including the winning bid, buyer’s premium, lot fees, taxes, and disclosed shipping, handling, or other charges. You also authorize reasonable reattempts after a decline and later charges for approved shipping or unpaid balances owed under these Terms, to the extent permitted by law.

A declined initial balance or shipping-and-handling charge must be resolved within 72 hours after notice. Failure to cure within that period may result in cancellation or forfeiture of the associated winnings and suspension or permanent loss of bidding privileges. Payment deadlines do not extend any posted pickup deadline unless Tex Auctions agrees in writing.

Local pickup

• Buyer must collect all purchases at the location and strictly within the dates, hours, appointment requirements, and other pickup parameters posted for the auction or stated on the invoice.
• Tex Auctions may require invoice confirmation, government-issued photo identification, a signature, or lawful pickup-verification records.
• Buyer is responsible for bringing sufficient labor, tools, packing materials, and an appropriate vehicle unless the auction-specific terms say otherwise.

Shipping

• Shipping is available only when offered or approved. Buyer is responsible for invoiced postage, packing, insurance, and handling charges.
• Shipping charges may be assessed after packing. A receipt will be emailed, and tracking will be provided when available.
• Title and risk of loss pass when the shipment is tendered to the carrier, except where applicable law requires otherwise. Carrier acceptance, tracking, and delivery records may be used as proof of shipment or delivery.

All sales are final. No returns or exchanges.

Tex Auctions may, in its sole discretion and without creating an ongoing obligation, offer store credit, a partial refund, or another adjustment. A buyer requesting review must contact Tex Auctions in writing within 48 hours after pickup or delivery and provide the invoice, lot number, and supporting photographs or video. No adjustment is owed for buyer’s remorse, failure to inspect, disclosed conditions, minor cosmetic issues, missing accessories, manuals or packaging, incompatibility, or a manufacturer’s refusal to honor a warranty, except where applicable law provides otherwise.

Tex Auctions may use the contact information associated with your account for transactional and service messages concerning bids, winning-bid notices, invoices, payment, pickup, shipping, account security, fraud prevention, support, and disputes.

Promotional email or text messages, including upcoming-auction and closing reminders, will be sent only where you have separately consented or where otherwise permitted by law. Consent to promotional texts is not a condition of purchase. Message and data rates may apply. Reply STOP to promotional texts or use the provided unsubscribe method; transactional communications may continue where permitted by law.

Information is handled as described in the Tex Auctions Privacy Policy. Tex Auctions may retain transaction, verification, pickup, shipping, communication, and dispute records for operations, fraud prevention, legal compliance, and enforcement of these Terms.

Before initiating a payment dispute, please give Tex Auctions a reasonable opportunity to investigate and resolve the issue. Email buda@texauctions.com with your invoice number, affected lot numbers, a clear description, and supporting records. This requirement does not waive any right or deadline that cannot lawfully be waived.

If a buyer fails to pay, collect items on time, or otherwise comply with these Terms, Tex Auctions may, subject to applicable law, cancel the sale, retain amounts lawfully owed, resell or dispose of the item, suspend or terminate bidding privileges, and pursue other available remedies. These remedies are cumulative. Exercise of one remedy does not prevent use of another lawful remedy.

By completing a transaction, you acknowledge that you authorized the transaction, understood the auction’s as-is and final-sale terms, and received or had the opportunity to receive the goods through the posted pickup or shipping process.

Tex Auctions may respond to a chargeback with relevant records, including registration details, timestamps, acceptance records, IP and device data where available, invoices, lot descriptions and photographs, posted auction and pickup terms, payment authorization and verification results, pickup signatures or lawful photo/video records, carrier tracking, delivery confirmation, and communications concerning the transaction.

A fraudulent or abusive dispute may result in suspended or terminated bidding privileges. If funds are reversed after goods have been received, Tex Auctions may pursue lawful recovery of the goods or amount owed. For a partial dispute, the undisputed portion remains due. Nothing in this section limits a buyer’s non-waivable rights under applicable law or card-network rules.

You may not:

• Place fraudulent, collusive, shill, or manipulative bids.
• Use false registration, identity, exemption, or payment information.
• Claim non-receipt contrary to valid pickup or delivery records or knowingly submit a false payment dispute.
• Interfere with an auction platform or harass, threaten, or abuse staff, contractors, other bidders, or customers.

To the fullest extent permitted by law, Tex Auctions will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from an auction or transaction. Tex Auctions’ aggregate liability for a claim concerning a transaction will not exceed the amount the buyer actually paid Tex Auctions for the specific disputed lot or lots. These limitations do not apply where prohibited by law.

These Terms and each transaction are governed by Texas law, without regard to conflict-of-law principles. Subject to any non-waivable consumer right, exclusive venue for a legal proceeding arising from these Terms or a transaction will lie in a state or federal court with jurisdiction in Hays County, Texas, and each party consents to personal jurisdiction there.

Tex Auctions may update these Terms by posting a revised version and effective date. The version in effect when a bid is placed governs that transaction. If a provision is held unenforceable, it will be limited or severed only to the extent necessary, and the remaining provisions will remain effective. A delay or failure to enforce a provision is not a waiver. Electronic acceptance and records have the same effect as originals and handwritten signatures to the extent permitted by law.

Questions, notices, and transaction disputes may be sent to Tex Auctions at buda@texauctions.com.