Terms of Use

Effective date: [DATE]

Welcome to Auction Mule. We've tried to write these terms in plain English wherever possible, because we'd rather you actually read them than be surprised later. The short version: bid in good faith, pay on time, pick up your items when scheduled, and talk to us if something comes up — we're reasonable people. The long version follows, and it's what governs.

1. Acceptance of These Terms

Auction Mule LLC ("Auction Mule," "we," "us," or "our") provides the auctionmule.com website and related auction services (together, the "Site") subject to your compliance with these Terms of Use, along with any auction-specific terms posted on individual auction or item listings, which are incorporated by reference. Where auction-specific terms conflict with these general terms, the auction-specific terms control for that auction.

BY REGISTERING, BIDDING, OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree, do not register or bid. Do not place a bid unless you agree to all of these terms — by bidding, you acknowledge your agreement.

We may update these Terms from time to time. The current version will always be posted on the Site, and material changes will be reflected in the effective date above. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

2. Eligibility and Registration

(a) Age. You must be at least 18 years old to register and bid.

(b) Registration. Registering with Auction Mule is free. You agree that all information you provide during registration is true, accurate, and current, and that you will keep it updated. Your account is personal to you; you may not share or transfer it, and you are responsible for all activity that occurs under it. Keep your password confidential — our staff will never ask you for it.

(c) Refusal and revocation. We reserve the right to refuse registration, decline any bid, or suspend or revoke bidding privileges at our sole discretion, including for prior nonpayment, fraudulent activity, or conduct that harms other bidders, sellers, or the integrity of our auctions.

3. Card Registration and Charge Authorization

(a) How your card is handled. Bidder registration requires a valid payment card, which is stored and processed securely by PayPal, our third-party payment processor. Auction Mule does not receive, store, or have access to your full card details. Card registration verifies that you are a real person bidding in good faith and helps protect our community from fraudulent or malicious bidders.

(b) You are not charged automatically. Registering a card does not authorize automatic charges at auction close. Payment works as described in Section 5.

(c) Charge authorization. By registering a card and placing a bid, you expressly authorize Auction Mule to charge your registered card, through PayPal, for amounts you owe under these Terms — including the purchase price, buyer's premium, applicable sales tax, and any fees, costs, or damages arising from your default as described in Sections 6 and 7. This authorization remains in effect for the duration of your registration and survives the close of any auction in which you bid.

4. Auctions and Bidding

(a) Bids are binding. Every bid is a binding offer to purchase. No bids may be withdrawn after the auction closes for any reason. Bid carefully.

(b) Maximum bids. You may place a single bid at the next increment or enter a maximum bid — the highest amount you're willing to pay. The system will bid on your behalf at the lowest qualifying amount until your maximum is exceeded.

(c) Closing times and auto-extend. Posted closing times are approximate. To discourage last-second "sniping," auctions use an auto-extend feature: when a bid is placed near the close of an auction, the closing time automatically extends, and the auction closes only after a period passes with no new bids. Unless the auction listing states otherwise, the default extension window is 5 minutes. The auto-extend settings for any auction may vary and are as stated in that auction's listing. We reserve the right to alter auction dates and times, to adjust auto-extend settings, or to close early or extend any auction, at our discretion. We strongly recommend bidding early rather than relying on a last-second bid. All times are Eastern Time unless otherwise noted.

(d) Seller confirmation and reserves. All items are sold subject to confirmation by Auction Mule and, where applicable, the seller. Where permitted by law and disclosed in the auction terms, a seller or their agent may bid to protect a reserve.

(e) Errors. We work hard to describe items accurately, but catalog descriptions, photographs, and estimates are provided in good faith and are not guaranteed. See Section 10 (As Is / Where Is).

5. Payment

(a) Purchase price. The purchase price is the sum of your winning bid, the buyer's premium applicable to that auction, and sales tax if applicable. The buyer's premium varies by auction and is stated in each auction's listing. All payments must be in U.S. funds. Invoices must be paid in full; we do not accept partial payments unless we expressly agree in writing.

(b) Payment deadlines.

1. Shipped items: Payment is due in full within five (5) days of the date of your invoice.

2. Pickup-only items: Payment is due in full no later than the conclusion of your scheduled pickup window as stated in the auction listing. You're welcome to pay any time between invoicing and pickup. If a scheduled pickup date falls more than five (5) days after the auction closes, the pickup date — not the 5-day mark — is your deadline. You are never penalized by the calendar.

(c) Accepted payment methods. We accept card payment via PayPal, and cash for pickup-only items. Any additional methods will be stated in the applicable auction listing or invoice.

(d) Cash discount (pickup-only items). Pay in cash at pickup and your buyer's premium is reduced by three (3) percentage points (for example, a 15% buyer's premium becomes 12%). To receive the discount, select the cash payment option on your invoice before pickup; your invoice total will update automatically. If you select cash but then pay by card, or fail to complete payment at pickup, the full buyer's premium applies and your invoice reverts accordingly. This is a discount for cash payment, not a surcharge on cards.

(e) Sales tax. Michigan sales tax (currently 6%) applies to all purchases unless you have provided us with valid exemption documentation before invoicing, or unless the auction terms state otherwise.

6. Default and Right to Charge Your Registered Card

(a) What counts as default. You are in default if we have not received payment in full by your applicable deadline under Section 5(b), or if you fail to take possession of pickup-only items during the scheduled pickup window.

(b) We'll try to reach you first — but we don't have to. Our practice is to contact you and try to resolve the situation before charging your card, and honest communication from you almost always leads to a workable outcome. However, those efforts are a courtesy, not a condition: upon default, Auction Mule reserves the right, at any time and without further notice, to charge your registered card for any or all amounts owed under these Terms.

(c) Amounts you owe on default. These include, without limitation: (i) the purchase price of items you won; (ii) where items are forfeited or relisted under Section 7, the buyer's premium, relisting and handling costs, and any deficiency between your original purchase price and the net proceeds of resale; and (iii) all losses, expenses, and damages directly or indirectly sustained by Auction Mule or the seller because of your default, including reasonable costs of collection and attorney fees.

(d) Your liability continues. A defaulting buyer remains liable for all amounts owed whether or not we charge the registered card, and whether or not the card is declined, expired, or the charge is disputed. Nothing in this Section limits any other right or remedy available to us at law or in equity, all of which are expressly preserved.

7. Pickup, Removal, and Forfeiture

(a) Removal is your responsibility. Each pickup-only lot must be paid for and removed by you, at your sole expense and risk, during the pickup date(s), time(s), and location(s) stated in the auction listing. Bring adequate labor, equipment, and transportation. Auction Mule does not provide storage, loading assistance (unless stated in the auction listing), or after-hours access.

(b) Sending someone in your place. You may authorize another person to complete pickup for you. They must present your paid invoice (or other confirmation we reasonably require). Release of items to a person presenting your paid invoice constitutes delivery to you.

(c) Can't make it? Tell us. If you contact us before or during the pickup window about an inability to complete pickup, we may — at our sole discretion — offer alternative arrangements. We are genuinely happy to work with buyers who communicate in good faith. Any accommodation is a courtesy, is not guaranteed, and does not modify these Terms for any other transaction.

(d) Uncollected items are forfeited. Many of our pickup-only auctions take place at locations we have no access to after the stated pickup date. If you fail to remove your items during the scheduled pickup window and have not communicated with us to arrange an accommodation, your items may be deemed forfeited. We have no obligation to retrieve, transport, or store uncollected items.

(e) Our rights on forfeiture. Upon forfeiture, Auction Mule shall have the right — but no obligation — in our own name, the seller's name, or your name, to remove, store, abandon, discard, sell, relist, or otherwise dispose of any forfeited item or part of it, at your expense and risk, whether or not the item has been paid for in whole or in part, and without waiving any other rights against you. If a forfeited item is resold, we may, at our sole discretion, credit you with the net resale proceeds less the buyer's premium, relisting costs, handling costs, and any other amounts you owe. Any such credit is discretionary, not an obligation.

(f) Continuing liability. In all circumstances, you remain liable for the purchase price and for all loss, expense, and damage sustained by Auction Mule or the seller because of your failure to comply with this Section.

8. Shipping

For auctions offering shipping, Auction Mule arranges shipping through third-party carriers and fulfillment partners. Shipping, handling, and packaging costs are the buyer's responsibility and will appear on your invoice or be billed separately as stated in the auction terms. Risk of loss passes to you upon our delivery of the item to the carrier. Contact us before bidding if you need a shipping estimate. Items designated pickup-only cannot be shipped unless we expressly agree otherwise in writing.

9. Titled Vehicles, Boats, ORVs, and Trailers

Where required by the State of Michigan, Auction Mule will broker the sale of titled vehicles, boats, ORVs, and trailers, handle title and registration transfer, and charge the broker and title fees stated in the applicable auction listing. Buyers must sign all paperwork the State requires for title transfer. Out-of-state buyers are responsible for compliance with their own state's titling and registration requirements.

10. AS IS / WHERE IS — No Warranties on Items

ALL ITEMS ARE SOLD "AS IS, WHERE IS," WITH ALL FAULTS, AND WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are urged to physically inspect items during any posted inspection period. Catalog descriptions, photographs, and any statements written on or about the equipment are believed correct but are not guaranteed; you agree that you rely solely on your own inspection. No oral statement by Auction Mule or its staff modifies these AS IS / WHERE IS terms; these terms may be amended only in a writing signed by Auction Mule. No responsibility is assumed by Auction Mule or any seller for errors or omissions in advertising or descriptions.

11. Our Right to Terminate a Sale

If for any reason Auction Mule is unable to complete the sale of any item to you, or to deliver the item free and clear of liens or competing claims — even after you have been notified that you are the winning bidder — we may terminate the sale, and our sole liability shall be the return of any amounts you actually paid for that item.

12. Seller Terms

Sellers grant Auction Mule the right to sell or consign their items at public auction. Sellers agree to maintain insurance on their items and hold Auction Mule harmless from damage and liability. Transactions arranged outside the Auction Mule platform to circumvent fees remain subject to the buyer's and seller's premiums under contract. If a seller cancels an auction, Auction Mule reserves the right to collect all agreed costs and estimated premiums and fees that would have applied had the sale occurred.

13. Conduct on the Site

You are responsible for your use of the Site and for any content you submit. You agree not to post or transmit anything that is unlawful, threatening, defamatory, fraudulent, infringing, obscene, or invasive of another's privacy; not to engage in shill bidding, bid manipulation, or interference with other bidders; not to distribute spam, viruses, or malicious code; not to impersonate any person or Auction Mule staff; and not to attempt to breach the security of the Site or any account. We may remove content and suspend or terminate accounts that violate this Section, and we cooperate with law enforcement where appropriate. Theft or attempted theft of merchandise from any auction or pickup location will be prosecuted to the fullest extent of the law.

14. Intellectual Property

All content on the Site — including text, photographs, graphics, logos, the Auction Mule name and mule mascot, and the underlying software — is the property of Auction Mule LLC or its licensors and is protected by copyright, trademark, and other laws. Except for one copy for your personal use, you may not copy, reproduce, republish, or distribute Site content without our prior written permission. You may not scrape, harvest, or use any portion of the Site for commercial purposes without our written agreement.

If you believe content on the Site infringes your copyright, send a notice meeting the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), to our designated agent at legal@auctionmule.com. We may remove identified material upon receipt of a compliant notice and will terminate repeat infringers.

15. Your Submissions

Any material you transmit to the Site or to us (other than your private Registration Data, which is governed by our Privacy Policy) will be treated as non-confidential. You retain your rights in it, but you grant us a non-exclusive, paid-up, perpetual, worldwide license to use, reproduce, display, and adapt it in connection with operating and promoting the Site. Please don't send us unsolicited ideas or proposals.

16. Privacy

Your registration information and use of the Site are governed by our Privacy Policy, which is incorporated into these Terms by reference. In short: we will not sell or trade your personal information, and sensitive data such as payment details is handled by PayPal, not stored by us.

17. Third-Party Sites and Services

The Site may link to or integrate with third-party sites and services (including PayPal and shipping carriers). Those parties are not under our control, and we are not responsible for their content, policies, or performance. Links and integrations are provided as a convenience and do not imply endorsement.

18. Disclaimer of Warranties (Site and Services)

THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Temporary interruptions may occur as normal events, and we have no control over third-party networks. You use the Site at your own risk. The Site may contain technical inaccuracies or typographical errors, and we may change materials, services, and prices at any time without notice.

19. Limitation of Liability

Your exclusive remedy, and our entire liability, for any claim arising out of these Terms or your use of the Site shall be limited to the amounts you actually paid to Auction Mule for the transaction giving rise to the claim.

IN NO EVENT SHALL AUCTION MULE OR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY AUCTION.

20. Indemnification

You agree to defend, indemnify, and hold harmless Auction Mule, sellers, property owners, and their respective officers, directors, employees, agents, contractors, and representatives from and against all claims, losses, expenses, damages, and liabilities (including reasonable attorney fees) arising from or related to your use or misuse of the Site, your participation in any auction, your removal or transport of purchased items, or your breach of these Terms. We reserve the right to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

21. Disputed Funds

If a dispute arises between parties relating to services provided by Auction Mule, we are authorized to withhold disbursement of funds until the parties reach a mutual written agreement or a court of proper jurisdiction issues a final adjudication. If no agreement is reached, we may interplead the funds with the appropriate court, the parties agree to dismiss Auction Mule from any such litigation if named, and the costs of the interpleader shall be deducted from the funds or paid equally by the disputing parties.

22. Termination of Access

We may suspend or terminate your access to all or part of the Site at any time, with or without notice, for any reason, including breach of these Terms. Suspected fraudulent, abusive, or illegal activity may be referred to law enforcement. Upon termination, your right to use the Site ceases immediately; your liability for amounts owed, and Sections 3, 6, 7, 10, 11, 18–21, and 23–25, survive termination.

23. Governing Law and Venue

These Terms and all matters relating to your use of the Site and any purchase through it are governed by the laws of the State of Michigan, without regard to conflict-of-laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. You and Auction Mule submit to the exclusive personal jurisdiction and venue of the state courts of Clinton County, Michigan, and the United States District Court for the Western District of Michigan. In any action to enforce these Terms, Auction Mule shall be entitled to its costs and reasonable attorney fees. Any claim you bring against Auction Mule must be filed within one (1) year after the cause of action arises or is forever waived and barred.

24. Force Majeure

We are excused from liability for non-performance or delay caused by events beyond our reasonable control, including labor disturbances, war, fire, accident, adverse weather, transportation failures, utility or network outages, and governmental acts or regulations.

25. General Provisions

These Terms, together with our Privacy Policy and any auction-specific terms, constitute the entire agreement between you and Auction Mule regarding the Site and supersede all prior understandings. These Terms may not be altered, supplemented, or amended except in a writing signed by Auction Mule; any attempt to impose additional or different terms is null and void. If any provision is held invalid, it will be construed consistent with applicable law to reflect the parties' original intent, and the remainder will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign your rights or obligations under these Terms; we may assign ours freely.

26. Contact

Auction Mule LLC
Laingsburg, MI 48848
Phone: 517-289-6869
Email: contact@auctionmule.com

If you're having trouble with a payment, a pickup, or anything else — reach out. Communication is always the best first step, and we'll work with anyone who works with us.