ComplaintsforTexas Tool and Hardware Auction

• Initial Complaint

  12/19/2022

  Complaint Type:

  Delivery Issues

  Status:

  Unanswered

  More info

  Texas Auction Company LLC has weekly online auctions through *****, which is an online hosting site. They advertise they have shipping available. I called their ************* location approx 2 weeks ago to ask if specific items I was interested in bidding on (same items I won in later auctions through their company) were indeed ship-able through fed ex, and was told yes. I won a total of 5 lots from two different auctions. I received a call from this company informing me my items were too large for traditional shipping and would require shipping by freight. Upon investigating the cost of this method, I discovered it would be between $1,500-$2,000 to ship 3 of the 5 items to me from their ****** location, and an additional 2-3 thousand to ship the remaining two items from their ************* location. I have had to forfeit 3 of the 5 items I purchased totaling approx $600. My issue is 1) I was told over the phone shipping through fed ex was possible, when it isnt. 2) the lots I bid on clearly indicated shipping available. Since I had made the prior call, I assumed the same items in a different auction of theirs would also ship traditionally. 3) the lots did not designate item too large/or freight required within the lot narrative. 4) the lots did not indicate actual size/weight of item to clue me in they were oversized for traditional shipping. Nothing in the narrative description, and nothing I could ascertain from their photos. 5) Auction company has indicated they are not willing to re-box items to ship to me in multiple smaller boxes. 6) representative from this company told me they will escalate my complaint to the owner, but Im not likely to hear back from him for at least 2 weeks, and hes not going to be sympathetic.

• Initial Complaint

  05/24/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I won an auction with Texas Auction Company. The auction clearly states the item is working. There is no disclosure that anything with the Dewalt **** Peak Amp Jump Starter with Compressor is not working. The item doesn't charge and the compressor doesn't work. I called to ask for some sort of resolution and was told that the items are only tested to see if they turn on and not tested for functionality. This means the auction listings are fabrications to generate bids.I have attached an image that clearly shows the item listed as working.

  Business response

  05/24/2022

  We need more information before we can proceed. We need the lot number and auction date / location where you won this item. I will say, we are an auction company selling returned goods "as-is". We offer preview days to come inspect the items before the auction to check for full functionality, as we process thousands of items a week and are not always able to fully inspect each item ourselves. We make no guarantees on the working condition of each item because it would be impossible to fully inspect every part on every item we sell. All of this information is in the terms and conditions everyone has to agree to before participating in our auctions. We are not trying to mislead anyone with our descriptions. We have **** winning bidders every month and rarely get any complaints.

  Customer response

  05/24/2022

  Complaint: 17245964
  
  I am rejecting this response because:

  The date sold was 4/17/2022, lot number 324. 

  The description is as follows:

  Model # : DXAEJ14 SKU: ********** WORKING, LOOKS EXCELLENT Retail Price: $185.955 Our Auctions Feature (but are never limited to) Generators, Air Compressors, Inverters, Pressure Washers, **************** Tools, Hand Tools, Tile Saws, Reciprocating Saws, Chainsaws, Door Hardware, Tape Measures, Snips, Pry Bars, Mailboxes, Hardware

  I am not sure how this can be described as works when the compressor doesn't work and even though the battery status shows fully charged the unit dies seconds after trying any function.

  
  Regards,
  
  *****************************

  Business response

  06/22/2022

  
  
  I want to start by listing our terms and conditions that you agree to before registering for our auction. 
  
   
  Texas Auction Company
   Tools, Home Decor, & Plumbing Liquidation Auction- ******
  ________________________________________
   Auction Information
   Terms and Conditions
  Auction Terms & Conditions Auction Terms & Conditions READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE **** OR BY PARTICIPATING IN THE ONLINE AUCTION, YOU AGREE TO THESE TERMS AND CONDITIONS AND MAKE REPRESENTATIONS AS SET OUT HEREIN. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY OF THEM, TEXAS AUCTION COMPANY LLC, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO, REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTION COMPANY. REGISTRATION All persons desiring to bid must register prior to the auction to get a bidder number. Registration is free. A valid credit or debit card number in the bidder's name is required. This is an online only auction. Some lots *** have extended bidding, and this scenario applies to all online auction lots. Posted closing times and displays of auction current time are approximate. By registering for our auctions, you are opting in to our email and text reminders. To opt-out, simply unsubscribe. INSPECTION / DESCRIPTION OF ITEMS Inspection / Preview date: Wednesday before the auction, all lots will be ready and bidders are encouraged to come to the location to inspect items, preview hours are from 12:00 am to 5:00 pm. It is the responsibility of the buyer to have inspected the merchandise thoroughly, and to have satisfied themselves as to its condition and value, and to bid based upon that judgment solely. All items are sold "as is, where is" with no warranty, either expressed or implied. Stock photos are for item identification ONLY. Texas Auction Company LLC shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. We do not fully inspect every item and advise you to do so on auction inspection day. No allowance, refund or set aside will be made on account of any incorrectness, error, imperfection, defect, or damage. Any Buyer Discrepancies must be reported at the Seller's Physical Location at time of removal. No Exceptions. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. There will be no charge backs, stop payments or refunds. PREMIUM AND PAYMENTS Buyer's premium: a 16% buyer premium is in effect for this auction. Invoices will be charged after the auction on the credit / debit card registered with. We DO NOT accept cash. We Only Accept Credit/Debit Cards until further notice. A $10 Declined Payment Fee will be added to any Credit Card that is not valid when charged after the auction. NO PERSONAL OR CASHIERS CHECKS. We reserve the right to charge your credit card for the invoice balance at any time. Shipping will not be handled automatically. You, the bidder, must REPLY TO THE INVOICE EMAIL to confirm shipping address before items will be shipped. Buyer will not be invoiced for the items until the entire online auction is over. Failure to pay will result in a permanent ban from all future auctions. The buyer agrees that any item successfully bid upon will be paid for by the buyer, following the conclusion of the auction, if bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price plus applicable fees and taxes. REMOVAL / SHIPPING OF ITEMS WE DO NOT SHIP OUTSIDE THE US FOR PICKUP: We ask you to use your best judgement in compliance with social distancing. If you pull up to the warehouse and see people waiting to pick up, please wait until they have gathered their won lots before getting out of your vehicle. Pickup is Monday - Friday 9AM to 7PM by appointment only. When you receive the email with your paid invoice, just click on the link to go to the appointment calendar. Please use the name you have on your invoice so we can gather your items for you. Merchandise not paid for or removed within 4 business days after auction close will be considered abandoned, *** be resold without notice. Removals are at the expense, liability, and risk of the buyer. We can provide limited assistance for loading heavy items only. Auction Company shall not be responsible for items or lots not removed within the specified time period. Any lots not picked up by the removal deadline will be charged $5 per lot, per day. NO EXCEPTIONS. If you are requesting freight, there will be a minimum $100 handling charge and will increase based on the size of the order. Buyer is responsible for arranging their own freight. For freight, make sure to pay for items, packaging, and pallets and provide us with your **** of Lading and proper paperwork. We cannot send out your items without the **** of Lading and payment. There will be absolutely no returns on shipped or freighted items. You are agreeing to bid on the items without inspection and no exceptions will be made. There will be no charge backs, stop payments or refunds. Anything over 75 lbs need Freight. We do not handle freight. It is the buyers responsibility to contact the carrier and supply Texas Auction Company with the **** of Lading. PLACING A BID This auction DOES NOT use the "Times the Money" system for lots with a quantity greater than one. Meaning that the bid you are bidding on the entire lot. For example: If you are bidding on a lot of 2 Tape Measures, and are winning at $20, your bid is $20, not $40. The buyer agrees that the act of submitting a bid shall constitute acceptance of each and every term and condition contained herein and the buyer further agrees to indemnify Texas Auction Company LLC for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the buyer or from any subsequent sale of such article to any third party. Texas Auction Company LLC reserves the right to bid on behalf of the seller as the seller's agent and or any reserved minimums. Placing a bid constitutes a binding offer between the Bidder and Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, Bidder is contractually obligated to buy the merchandise at the price in the bid. Placing a bid on the Site that is accepted and then not paying for the merchandise is illegal in most states and prosecution can result. Failure to honor the auction bid by the stated due date shall result in the permanent removal of Bidder from the Site and from future auctions, and the reporting of Bidder to law enforcement authorities, at Auction Company's sole and absolute discretion. UNLESS OTHERWISE STATED FOR A PARTICULAR AUCTION, SELLER/OWNER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, IN ITS SOLE AND ABSOLUTE DISCRETION. Each Bidder is responsible for any bids placed under that Bidder's bidding number and password. The security of Bidder's information is the sole responsibility of each Bidder. If at any time there is reason to believe that the Bidder number and password have been compromised, Bidder shall notify Auction Company immediately. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Texas Auction Company LLC, their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with the use of the Site by Bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder. This Site User Agreement constitutes a binding agreement between Bidder and Texas Auction Company LLC until terminated by Texas Auction Company LLC, which Texas Auction Company LLC *** do at any time, without notice, in Texas Auction Company LLC's sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Texas Auction Company LLC reserves the right to terminate Bidder's registration and use of the auction Site impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty. SALES TAX If you are claiming purchases for resale or if you are tax exempt, please attach, fax or email the appropriate tax form with your payment. CLAIMS OR DISPUTES Texas Auction Company LLC shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that *** malfunction without warning. In the event of any malfunction relating to the Site, Auction Company, in its sole discretion, *** void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of Texas Auction Company LLC shall be final. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the ********************************* Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in **********, Texas, and judgment on the arbitration award *** be entered into any court having jurisdiction thereof. Texas Auction Company LLC *** seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Texas Auction Company LLC pending the completion of arbitration. Bidder and Texas Auction Company LLC are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Texas Auction Company LLC's failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between Bidder and Auction Company with respect to the subject matter hereof. There will be no charge backs, stop payments or refunds.  
  
  
  
  
  The main points to take from our T&C, is that we sell everything as is. We are an auction company, and we do not guarantee anything we sell. We do not fully test the functionality of every single item. We operate on very low margins, and cannot afford to spend much time testing each item. We plug it in, see if it turns on, mess with it for a second, and that's it. Sometimes, if we happen to catch that something is wrong with it, or if it's missing a part, we will put it in the description. Otherwise, it's up to you the bidder to determine the condition and the value of the item. You do that by coming to the preview before the auction and looking at the items you want to bid on. If you don't do that, then you need to bid accordingly. Or just call us and ask if you have any questions or need us to verify a listing. Our terms and conditions are very clear on this. You have to check the items before you sign for and leave our warehouse with them. Once you leave our warehouse with the item, there's nothing we can do. This is common practice with all auction companies (besides ***be ****** I've bought equipment for thousands of dollars because the listing said it was working, but when I got it home, it wasn't. However, I did not make a complaint about it because I understand how auctions work. Everything is sold as is. I took the time to fix the equipment. I always made sure to bid with the possibility of something not working with the item. Thats the game you play with auctions. You're looking for a good deal so you're willing to take the risk that the item is not brand new and *** not be fully functional or have all the parts. If you have any other questions about how our auctions work, just let us know. 
  
  
  *********************************
  Texas Auction Company
  9709 ******************* Suite Z
  ******, ** 78754
  ************
  

• Initial Complaint

  04/08/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  I purchased a piece of carry on luggage described as new. I received it along with several other random items not pictured in the auction photo nor listed in the auction description.The issue is that the luggage is locked and can not be opened without damaging the lock. This information was not included in the description of the item. I can not use this item, I told to watch a ******* video on how to break into the luggage.While I understand this is an auction site, I also believe they did not accurately describe the item for bid.

  Business response

  05/03/2022

  We have already spoken to you multiple times about this. We are an auction company. You live out of state. We make it very clear in our terms and conditions that there are no refunds for items that we have to ship out of state. You waive that right when you skip the auction preview that we hold the for every auction. We give everyone a chance to come in and inspect all the items coming up in the auction. We get's 1000's of different items in our auctions every week. We do not fully inspect every item. Whatever panels were shipped with your suitcase, the person that boxed up those items must have thought they were panels for the suitcase. They were taped to the suitcase when we got it. Our business model is very simple. We receive items from major retailers, and we sell them all as is. We only put the description there because that's how we thought it looked when we first inspected it. We make all of this information very clear on our website and in our terms and conditions. Once again, our terms and conditions are very clear on items that are shipped out of state. If you do not come to the preview to check the items before the auction, then you have to bid at your own risk. You were not told to break into the lock, we simply told you that it is only a three number combination lock. If it is locked, and you need to get into it, it only takes 20 minutes to do. You have spent way longer than that harassing us on our ******** page, or ****** page, and now the * * *. Stop wasting everyone's time and open the lock . We are not going to be giving any refunds for this order.

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