Licensing, Terms & Conditions

Cunningham & Associates, Inc. is the leading Bankruptcy and Industrial auction company in Arizona

Real Estate Brokerage License: LC706039000
Federal Firearms License: 9-86-013-01-3J-04940
Auto Dealer License: L00010890
Public Consignment Auto Dealer License: L00012546
Aircraft Dealer License: 2023-12

Office & Mailing Address
4753 E. Falcon Dr., Suite 1
Mesa, AZ 85215

Toll Free: 888-777-9888
Outside the US: 602-595-6714

Cunningham Auction Standard Terms & Conditions

NOTE: Special terms and conditions take precedence over these STANDARD terms and conditions. See each auction for specific terms and conditions. Bankruptcy auctions are subject to trustee approval unless otherwise noted.


No buyer’s premium for most bankruptcy items and 10% - 15% for all other items; please see terms in the description of each item.


Your credit card will be used to verify a credit limit sufficient to cover the required deposit amount of $200.00. If you are the high bidder and you fail to satisfy the terms and conditions of this auction, Cunningham & Associates, Inc. (“Auctioneer”) will be authorized to charge Purchaser’s card for the invoice amount and any fees incurred.


All items require PAYMENT-IN-FULL and an authorized receipt prior to removal. Items should be removed from the premises by 4:00 PM the second business day following the auction unless special arrangements are made. Removal shall be the sole responsibility of Purchaser and shall be at the full expense, liability and risk of Purchaser. Auctioneer may provides assistance in finding your assets for load-out but shall have no duty with respect to Purchaser’s taking of delivery of the Assets. Auctioneer’s agents may help you load your assets although it is YOUR responsibility to bring your own assistance to load-out the items you have purchased. It is a courtesy to help you load out, only if time permits.  Purchaser hereby indemnifies Auctioneer and agrees to hold harmless and defend Auctioneer as to all acts, omissions, and conditions relating in any way to Purchaser’s taking of delivery of the Assets, including but not limited to preparation for and cleanup following taking of delivery of the Assets.

NOTE: Even if items are paid in full, they may be deemed abandoned at the auctioneer's discretion at 4:00 PM the second business day following the auction, and become the property of Auctioneer OR at the auctioneer's discretion, a $15.00 storage fee per lot will be charged per day if the items are not picked up by the second business day following the auction. Storage fees must be paid prior to removal of the items.


In default, the second highest bidder may be given the option to become the successful bidder at his/her last bid, at the auctioneer's discretion. The bidder in default will be responsible for the difference in the bids, or the entire amount of his/her bid should the second highest bidder not take the option to become the successful bidder. The default bidder will also forfeit his/her deposit and is also liable for all legal and collection fees.


For general assets and rolling stock, unless an Arizona tax resale license and/or appropriate tax exemption form is provided at time of payment, the purchaser will be required to pay the combined Arizona state and local sales tax.


There is no warranty relating to title, possession, quiet enjoyment or the like in this disposition. Everything in this auction is being sold "AS IS - WHERE IS" to the highest bidder, without warranty or guarantee of any kind. ALL SALES ARE FINAL. Cunningham & Associates, Inc. is not responsible for missing or broken items after the auction has ended. ABSOLUTELY NO REFUNDS.


The auctioneer shall not be responsible for the correct description, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made, or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "AS IS" and without recourse.


The sales list is furnished by the auctioneer as a guide only. No guarantee as to the accuracy or description is made. Deletions and additions may take place.


Bidders are responsible for the shipping of all items purchased.


Persons attending the auction preview, during exhibition, or at the time of removal of purchases all risks of damage of or loss to person or property and specifically release the auctioneer from liability therefore. Neither the auctioneer nor his principal(s) shall be liable by reason of any defect in, or condition of, the premises at which the preview or sale is held.


If any dispute between bidders occur, the auctioneer may decide to put the lot up for sale again. The auctioneer’s decision is final and absolute.  


The bidder must understand what he/she is bidding on and how it is being sold. No refunds.


The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale. The auctioneer reserves the right to sell the property listed in bulk.


The record of sale that is kept by the auctioneer or his clerk will be taken as final word in the event of a dispute.