By using our services as a Bidder or Seller, it is assumed that you have read the guidelines provided here, and are expected to follow them. 

George Kittrell Machinery Sales is a provider of web space to auction goods and services. We are merely a venue for your private transactions. The information below helps to show the uses, terms, and responsibilities of all parties involved, namely George Kittrell Machinery Sales, the Sellers, and the Bidders. This information will serve as general instructions, and also contains some legal wording defining what we expect our role to be. 

Overview and General Disclaimer

George Kittrell Machinery Sales is a service for buyers and sellers to meet and exchange items through an online auction format. We are not responsible for the actions of the bidders or the sellers on our site. This includes failure of a buyer or seller to complete any transaction, the accuracy of any listing description, communication between users, or enforcement of any sale that originated on the site. However, we may take action against a registered user for their conduct, and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate. 

The Internet being the fragile environment that it is, George Kittrell Machinery Sales cannot be held responsible for server down time, or your inability to access our site. Notifications sent by E-mail may possibly take longer than expected, and cannot be counted on to inform you of an item's status. In the event of technical problems, we reserve the right to cancel, restart, or extend an auction as the circumstances may dictate. 

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1) General

You must be at least 18 years old to bid any item, or to be a registered user of George Kittrell Machinery Sales. 

2) Registration

You must enter correct contact information to have user access to George Kittrell Machinery Sales. To bid on an item you must be a registered user. As mentioned before, registration is free. Also, your information will ALWAYS be kept confidential by George Kittrell Machinery Sales staff. Please note, however, that there are times when our software sends your contact information to other parties, but never without your knowledge (example:  Obviously, when you are the winning bidder of an auction, your contact information is sent to the seller to complete the sale). 

3) Auctions

When the auction ends, the seller and high-bidder(s) are notified by E-mail (Note: There may be more than one high bidder in a Yankee Auction). Auction results are also available for anyone to examine for at least seven (7) days after closing. 

4) Bidding

In order to bid in an auction, you must first register with George Kittrell Machinery Sales. On every item in an auction, a minimum bid and a minimum increase (also called "bid increment") is set by our system. Our software will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase) . If an inappropriate bid is placed, a bidder will be notified immediately that their bid was not accepted, and provided with an option to correct the bid. Any current high bidders who are overbid at this time will receive notification by E-mail. 

On items with a quantity of one (1), a Maximum Bid may be placed when bidding on an item (this is sometimes called a "proxy bid"). A Maximum Bid is confidential, and will be used by our system to increase your bid automatically in case you are outbid by another user. Our system will only bid high enough to outbid the current high-bidder, according to the minimum bid increment (increase). This can be a very nice feature, because it allows the system to bid on your behalf, so you don't have to constantly monitor an auction. 

The seller may opt to auction more than one (1) of any given item. In the case of quantities greater than one (1), slightly different information will be displayed on the bidding form. Typically called a Yankee Auction, this format will allow bidders to state the price and the quantity of the items that they are bidding on (although it is not necessary to bid on the entire quantity). At the end of the auction, bidders with the highest bids will win the quantity they've placed bids on. In the event of a tie in the high bid, the bidder bidding on the greatest number of items will prevail. In the event of a tie in both high bid and quantity, the bidder who placed their bid first on that lot will prevail. The quantity is divided up between the winning bidders until there are none left. Often times with this format a bidder will have a winning bid, but only a partial quantity is left at their bid level (price). In this case, the bidder is expected to accept the lesser quantity of items. For more about Yankee Auctions, see below. 

Before bidding on an item, you should make sure that you know what the item is and you want the item. Make sure you understand the extra costs of the item, such as sales tax or shipping charges. E-mail the seller with any questions you have. 

By placing a bid, you are placing a legally-binding and irrevocable offer to purchase the item at any price up to your maximum bid amount. If your bid is the high bid and accepted by the seller, you are legally obligated to complete the transaction. Failure to complete the transaction is a breach of the User Agreement and may be grounds for legal action by the seller. Additionally, George Kittrell Machinery Sales may suspend or terminate your user account if we deem it appropriate. 

5) Auction Closing

Each auction has its own ending time listed on the bidding form. Auctions end automatically at this time. At about midnight of that day, notifications are sent out to the winning bidders, with copies going to the seller. At this point the seller and the buyer must make arrangements between each other to complete the transaction. George Kittrell Machinery Sales has no other responsibility other than maintaining the bids, and providing the facility to hold the auctions. The seller is completely responsible for all warranties and expressed conditions on a particular item. However, George Kittrell Machinery Sales does in fact want to be informed of any disputes, and we will assist in resolving these issues, if necessary. 

6) Auction Results

The results of auctions that received bids are displayed for a period of seven (7) days after closing. By selecting an auction, the results will be displayed with the items and the winning bidder(s). This information is provided as a service to our users, and should be used as a guideline to determine the market for a given item. 

7) Reserve Price Auctions

Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item. However, sellers should be aware that bidders are sometimes reluctant to participate in auctions with a reserve price. 

When a bidder's maximum price meets or exceeds the reserve price, an indication is added to show the reserve price has been met. 

Due to the different format of a Yankee Auction, the reserve price feature is not available on Yankee (Multiple-Item) Auctions.

8) Yankee Auctions

Yankee Auctions are auctions in which the seller has multiple, identical items he or she wishes to sell. The seller specifies the minimum starting bid and the quantity of items available. A bidder may place a bid on one or more of the items. 

A winning bid is determined first by high-bid, then by highest quantity, and finally by the earliest bid. For Example: A seller has 10 identical computers for sale, for $100 each. 30 bidders bid $100 for one computer each. If the auction ended at this moment, only the first 10 bidders would receive their item, because their bid amounts were the same, and earlier bids take precedence. 

However, imagine that the auction is still running. Another bidder then bids $120 for one computer. Since this bid is higher than all the others, this bidder is currently a high bidder for one of the 10 computers. From the original 10 bidders, the one to place their bid last has now lost their standing as a high-bidder, and will not win a computer without rebidding at a higher price. If the auction ended at this moment, 9 computers would be sold for $100 each, and one computer would be sold for $120. 

Again, bids are ranked in the order of highest bid, followed by the quantity bid on, and then by the time the bid was placed. In the event a winning bidder placed a bid on more items than are available for his winning amount, the bidder is expected to complete the transaction for the lesser quantity that is available. 

9) Becoming a Seller

When auctioning your items, consider setting the minimum bid as low as possible. If bidders think your starting bid is too high, they may not bid at all. However, keep in mind that your minimum bid is the lowest price you are willing to accept for the item (unless a reserve amount is chosen). Our software will automatically determine the bid increment based on the starting and current bid. 

By auctioning an item, you are irrevocably and legally committing to accept the high bid for the item (unless a reserve price was not met). If you receive one or more bids at or above your minimum bid amount (or reserve price amount), you are legally obligated to complete the transaction.

Bidders expect you to be truthful about your listing. You should be clear in your description, include any additional costs the winning bidder may incur (such as sales tax or shipping charges) and include a photo whenever possible so the bidder may get a clear view of what they are bidding on. 

Also, it is good practice to be responsive to bidders' questions and concerns. 

If your group is interested in having an Online Auction please contact us.

LuJohns Enterprises Inc.
93 First St
Pittsfield, MA 01201
(413)443 2500
(800)243 4420 

10) Shilling

It is directly against the policies of George Kittrell Machinery Sales for you or anyone else to manipulate the price of an item through the use of third party bidding (shilling), or sellers placing bids on their own items. This is usually done to inflate the bidding price of an item, in hopes that others will keep bidding, thus causing the seller to make more money on their items. This will not be tolerated, and in the event of direct evidence of this activity, the seller will be removed immediately from George Kittrell Machinery Sales. If this occurs, the seller will still be responsible for any monies due to George Kittrell Machinery Sales that accrued before the action or as a result of a listing placed on our system.

11) Fraud

Fraud in any form is not tolerated at George Kittrell Machinery Sales. We encourage users to report any instances of fraud to us as well as to the appropriate authorities. 

Be sure you have attempted to contact the user before assuming fraud. In many cases, it is simply a misunderstanding, error in shipping information, or something similar, that is quickly and easily resolved.

12) Spam (Unsolicited E-mail)

Any user sending unsolicited E-mail messages (Spam) to users of George Kittrell Machinery Sales will have their account suspended or terminated at the sole discretion of George Kittrell Machinery Sales.