G
gannz
Guest
State of NC
Hello,
I was the winning bidder on an international auction in Singapore. Payment was supposed to be made prior to removal/shipping but they shipped the items already and I’ve yet to pay. I requested the items be shipped to the East Coast but they were sent to the West Coast. I then received a notice from the shipper that the items were seized by US Customs because they had not been picked up in time. I’m now facing very high storage and demurrage fees and I also have to pay more to have the items trucked to me from CA to NC.
I never received or signed any legal documentation. The only thing I signed was for the UPS guy to confirm that I received the following paperwork: Bill of Lading, Arrival notice, Invoice, and Packing List. I did not sign any of these documents, only the UPS delivery confirmation. I also had to register electronically (on the internet) to participate in the auction and agree to the “auction terms”. I agreed by checking a box and clicking submit. I can provide you with the full terms but this it the only part I believe may be relevant to my question…
“By participating in an auction, each bidder represents, warrants and covenants that (i) it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, (ii) it has the capacity to close the transaction, (iii) it has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.”
With all of these extra charges it’s now not worth it for me to complete the transaction. I’d be paying more than the items are worth. If I don’t pay the customs fees in about 45 days they will auction the items and use the proceeds to pay the fees. Now the question… Can the auction house, seller and/or shipper sue me for the original purchase price and/or shipping charges?
Thank you.
Keith
Hello,
I was the winning bidder on an international auction in Singapore. Payment was supposed to be made prior to removal/shipping but they shipped the items already and I’ve yet to pay. I requested the items be shipped to the East Coast but they were sent to the West Coast. I then received a notice from the shipper that the items were seized by US Customs because they had not been picked up in time. I’m now facing very high storage and demurrage fees and I also have to pay more to have the items trucked to me from CA to NC.
I never received or signed any legal documentation. The only thing I signed was for the UPS guy to confirm that I received the following paperwork: Bill of Lading, Arrival notice, Invoice, and Packing List. I did not sign any of these documents, only the UPS delivery confirmation. I also had to register electronically (on the internet) to participate in the auction and agree to the “auction terms”. I agreed by checking a box and clicking submit. I can provide you with the full terms but this it the only part I believe may be relevant to my question…
“By participating in an auction, each bidder represents, warrants and covenants that (i) it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, (ii) it has the capacity to close the transaction, (iii) it has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.”
With all of these extra charges it’s now not worth it for me to complete the transaction. I’d be paying more than the items are worth. If I don’t pay the customs fees in about 45 days they will auction the items and use the proceeds to pay the fees. Now the question… Can the auction house, seller and/or shipper sue me for the original purchase price and/or shipping charges?
Thank you.
Keith