Fischer Auction Co Inc

Review: AUCTION DATE: August 8, 2013FISCHER AUCTION CO. INC. On-line Auction held through [redacted] is a reputable on-line company that provides the service of having auction houses register with them and make their auctions available throughout the U.S.We held Bidder Paddle # [redacted]Purchased Lot [redacted] - 14k 2oz Gold Chain - Paid $589.95 andLot [redacted] - Silver Chain & 10k Gold Ring - Paid $37.26 TOTAL PURCHASE $627.21 (plus shipping & $30 processing fee)On 8/9 we contacted the company, talked to [redacted], who said that we could return the items for full refund if they were not as stated. The items received are gold in color only, with fake markings etched with a tool, with a value of aprox. $15. They contained no gold precious metal. The Owner of the company "hung up on us" and refuses to talk with us or issue a refund.A formal complaint was filed with [redacted] on 8/23/2013 (Case # [redacted]). [redacted] Telephone # ###-###-####. [redacted] requested that we file a complaint against FISCHER AUCTION with the Attorney General of CA, the Revdex.com of CA, local law enforcement in El Cajon CA and in Jefferson City, MO. We are contacting all of these agencies. [redacted] has contacted FISCHER numerous times without satisfaction. In order for [redacted] to acquire management approval to reimburse us our funds, we have agreed to file a Crime Report for Fraud with the above named companies. You can find FISCHER'S 8/8/2013 Auction & Lot # [redacted] by logging onto "www.[redacted].com" THE RESOLUTION WE SEEK is to have FISCHER ISSUE US A FULL REFUND (or)for [redacted] to reimburse us in the amount of $627.21. We are filing a COMPLAINT AGAINST FISCHER AUCTION with the above-named consumer groups to WARN THE PUBLIC THAT THEY ARE A DISHONEST COMPANY, KNOWINGLY SELLING PRECIOUS METALS UNDER FALSE PRETENSES.Desired Settlement: A Full Refund of $627.21

Business

Response:

October 4, 2013

To whom this concerns:

This letter is in regards to the letter we received in the mail in response to complaint against Fischer

Auction Company lnc.(ID #[redacted]), from customer [redacted] of [redacted]erson City, MO. We held an

auction on August 8th 2013 at our warehouse selling various consigner goods. As the auction company

we do not own the items that come into our warehouse or guarantee the authenticity of our items,

which is dearly stated in our terms and conditions. Everything we sell is "as is where is" we make no

guarantees as to condition or description. (See attached) By registering for the auction he is agreeing to

all terms. We sell items this way because with hundreds of items sold every auction we have no way of

checking each piece. If we guaranteed everything we sold the prices would be much higher because it

would be like purchasing form a retail store.

Customer [redacted], registered through our third party [redacted], who helps with all of our online

auctioning, for our August Combined Asset Sale, he proceeded to place bids on lots [redacted] and [redacted] which

were a 14k 2 oz gold chain and a Silver Chain and 10k Gold Ring. Both of these items were marked with

just as they were listed. So that is what we sold them as. We even put a disclaimer in the description of

the item stating that the items are marked 14k but we make no guarantees please do your own

inspection before bidding.

On August gth 2013, [redacted], our Auction Coordinator, received a phone call from [redacted] asking

about the items. While talking to [redacted], she explained to him that we, Fischer Auction Company Inc., do

not guarantee that the item is 14k gold and that there was a disclaimer to please do your own

inspection before purchasing, he then said I live out state I will only be able to test the item when I

receive it. He also asked about refunding the money if the item is not real gold, [redacted] explained to him

that, Fischer Auction Company Inc. does not issue refunds for items won from their auctions, which is

also in our terms and conditions. We had placed the disclaimer on the ad to allow the customers to

know that these items were not guaranteed and that they are responsible for their own inspections.

On August 22"', [redacted] called Fischer Auction Company Inc. and spoke with [redacted], he told her

that he had received his items and he was unhappy and that they were not gold. He proceeded to

badger her for a refund, when [redacted] explained that refunds are not issued by Fischer Auction Company

Inc., [redacted], Vice President, took over the conversation to talk with [redacted], to help resolve the issue.

But as the conversation went on he began to use foul language and yelling at multiple employees at

Fischer Auction Company Inc. He then hung up the phone on [redacted].

On September lO'h, Fischer Auction Company Inc., received a threatening email from Mr. [redacted],

claiming that he will see us at our home or our office (see attached). Fischer Auction Company then

reached out the Santee Sheriff Department to file a complaint for harassment and along with [redacted]

we made them aware of the threat he had made. The Sherriff came to our office, Sherriff Deputy [redacted],

to take our complaint and get the all the proper information to contact Mr. [redacted] to tell him to not

bother Fischer Auction Company Inc. or make threats to their safety.

At Fischer Auction Company Inc., we believe we have taken the proper steps and procedures to prevent

an event like this from happening. We are not responsible for item authenticity at our auctions. We

clearly state this in our terms and conditions and even went a step further to place it in that specific lot

description.

Special Terms & Conditions

YOU ARE RESPONSBILE FOR TAKE DOWN/PACKAGING/SHIPPING ARRANGEMENTS AND COST. ALL

ITEMS NEED TO BE REMOVED BY CHECK OUT DATES- NO REFUNDS ON ANY ITEMS LEFT AT SITE.

FISCHER AUCTION COMPANY INC. ("AUCTIONEER") MAKES NO GUARANTEES OR WARRANTIES

EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, AS TO, BUT NOT LIMITED TO, CONFORMITY TO

ANY SAFETY DESIGN OR POLLUTION STANDARD OR TO ANY OTHER STANDARD OR REQUIREMENT OF

ANY APPLICABLE AUTHORITY, LAW OR REGULATIONS, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR

MERCHANT ABILITY OR PARTICULAR AGE, YEAR OF MANUFACTURE, MODEL, SERIAL OR OTHER

NUMBERS, MAKE, CONDITION OR MILEAGE. EACH AND EVERY SALE SHALL BE MADE AND ACCEPTED AS

IS, AND AT BUYER'S RISK. THE BUYER SHALL PAY ALL COSTS FOR ANY REPAIRS. DO NOT BID UNLESS YOU

HAVE DETERMINED THE CONDITION OF THE LOT FROM YOUR OWN INSPECTION. ALL ITEMS ARE SOLD

QUANTITY TIMES THE MONEY-

1. Any announcements by Auctioneer take precedence over any printed matter pertaining to this

auction.

2. Auctioneer reserves the right to refuse registration to anyone and to reject the bid of anyone who has

not registered and obtained a Bidder's number. Anyone bidding for an account other than his own must

register to that effect, by registering Bidder warrants and represents that he is authorized to bid on

behalf of the party represented.

3. Full settlement to be made day of sale. Buyer is not entitled to possession of any of his purchases until

the total price of all his purchases has been fully paid in currently collectible funds.

Auctioneer may determine that for any major lot, as determined solely by Auctioneer.

4. All lots shall be sold to the highest Bidder as determined by the Auctioneer, with no minimum,

reservation, bid-in or buy-back. When the hammer falls and a bid is claimed by two or more Bidders, the

Auctioneer shall reopen the bidding between those tied Bidders until there is only one high Bidder. The

Auctioneer shall at his own discretion decide whether a "late bid" is made before the hammer is struck

down. All sales are final when the auctioneer declares the item sold.

**Please note that Lot by Lot Bids are not valid until all Lots have been sold.

**EVERYTHING IS SOLD BY THE EACH (QUANTITY TIMES THE MONEY)

5. All applicable sales, use, transfer or excise taxes shall be added to the purchase price of all taxable

purchases unless the Buyer, files with the Auctioneer proof of exemption from all such taxes in a form

satisfactory to Auctioneer and the applicable governing authority for the locale in which the auction is

being held. Buyer shall reimburse Auctioneer for any sales tax not paid by Buyer which Auctioneer is

compelled to pay.

6. No sale shall be invalidated and no liability shall be borne by the Auctioneer or Seller due to any

defect, error or inaccuracy of description of the lot either in the listing catalog, in any advertising,

marketing or other printed materials, or in any statement by Auctioneer or his agents, servants or

employees. All such written material and statements are merely descriptive guides, and although they

have been compiled from sources deemed reliable, neither Auctioneer nor Seller guarantees or

warrants their accuracy. All purchases made by Bidder shall be based solely upon Bidder's personal

inspection and/or opinion of the equipment, and Bidder hereby acknowledges that all items were

available for inspection prior to the auction.

7. Buyer is responsible to insure purchases immediately and to remove all purchases from the auction

site after the sale in accordance with the procedures announced or posted at the sale. Buyer is

responsible to repair and restore any damage to real property or permanent improvements caused by

removal of the goods purchased. Buyer shall bear all costs, responsibilities and risk of such removal,

including performance by hired truckers. Auctioneer reserves the right to require proof of adequate

insurance coverage from any Buyer of lots requiring dismantling, rigging or hot cutting. Buyer agrees to

indemnify and hold harmless the Auctioneer from and against any damage to property or injury to

person or loss of life occasioned, directly or indirectly, by the acts of the Buyer and/or Buyer's

representatives, agent or employees in connection with the dismantling or removal of any lot. In the

event a Buyer fails to remove any lot within the time specified, such lot, at the discretion of the

Auctioneer and without notice, may be deemed to have been abandoned to the Auctioneer, and the

Auctioneer, at his sole discretion shall have the right to resell such lot as provided in paragraph 8 or to

remove and store said lot at Buyer's sole risk and expense. Buyer shall be liable for any rent incurred or

damages sustained by Auctioneer due to Buyer's failure to remove any lot when due. No lots may be

removed until the end of the auction.

8. Auctioneer reserves the right to resell any items on the sale date in accordance with paragraph 3

above and/or any property deemed abandoned to Auctioneer as described in paragraph 7 above. Such

items may be resold without notice to Buyer, and Buyer shall be responsible to Auctioneer and Seller for

all expenses of any nature whatsoever relating to such resale and collection and for any damages of any

nature whatsoever to Auctioneer and/or Seller resulting from such resale. Such expenses and damages

shall include, but shall not be limited to, commission of 13% and any deficiency arising between the

amount of the initial sales price and the net amount brought upon such resale. Auctioneer may, at its

sole option, elect to retain all monies deposited in part payment as liquidated damages and otherwise

cancel Buyer's contract of purchase.

9. Auctioneer may, at any time and at his sole discretion and without notice or liability to Bidder,

withdraw or cancel the sale of any lot, or offer any lots in groups or with special terms. Auctioneer

reserves the right to accept or reject any bid which is merely a fractional advance over the preceding

bid.

10. All necessary documents of sale if available will be delivered to the Buyer upon payment in full of the

purchase price in currently collectible funds. In the case of payment by check, any titles, bills of sale and

other documents of sale will be mailed to Buyer within 20 business days of satisfactory collection of such

funds. Acceptability of titles and documents of sale are subject to the making available of same to

Auctioneer by Seller. Title and documents of sale provided will be prepared to be effective only in the

state in which the auction is being conducted. In the event Auctioneer, for any reason whatsoever, is

unable to make available, to effect delivery, or to obtain the necessary documentation required to

obtain clear title to such item, whether before or after delivery of any item, or in the event Buyer is

unable to obtain possession of any item purchased within 20 days of the auction. Auctioneer's sole

liability, if any, shall be the return of any monies paid on such items upon return of the item in question.

Any item which shall have been delivered, shall be returned or surrendered to Auctioneer if, within

Auctioneer's sole discretion, Auctioneer shall make such demand for return. Auctioneer assumes no

liability for any registration fees, title transfer fees or penalties resulting from title paperwork.

11. Bidder acknowledges that an auction site can be a potentially dangerous place and immediately

upon registration, if not before, shall so notify his agents, servants, employees and others accompanying

him. The auction site shall include any location where a lot is located for display and/or removal, as well

as where the actual bid calling is conducted. Bidder agrees to indemnify and hold harmless Seller and

Auctioneer and their respective officers, employees, servants and representatives from and against any

and all claims, losses, damages, injuries, liabilities, costs and expenses of whatsoever kind or nature

(including attorney's fees and costs) for any injury or death to any person or persons whomever or for

damage to or loss or destruction of property occurring in, upon or about the auction site when such loss,

damage or injury is occasioned, directly or indirectly, by the actions or omissions of the Bidder, his

agents, servants or employees.

12. The Buyer is solely responsible to inspect all equipment to insure it is in a condition where it can be

safely used, to provide proper safety devices and equipment or means to meet all governmental safety

standards, and to notify all persons operating the equipment as to all attendant dangers. The Buyer

hereby assumes these responsibilities and agrees to indemnify and hold the Auctioneer and Seller

harmless from any future claim pertaining to (1) fitness or use of that asset as purchased; (2) provision

of proper safety devices or equipment; (3) notification and warning of Buyer and its representatives,

agents, employees, any other users or

subsequent Buyers, as to the dangers and risks attending operation of the equipment; and (4) the

condition of the equipment.

13. The terms of sale and rules of the auction shall be governed by and interpreted pursuant to and

under the laws of the state of California. Auctioneer and bidders/buyers agree and consent that this

agreement shall be performable in San Diego County, California and that jurisdiction and venue of any

lawsuit arising in any way from the auction or events occurring at the auction site shall be conferred

upon the courts of San Diego County, California.

14. It is anticipated that items will be sold at this auction belonging to owners not disclosed.