PERSONAL PROPERTY TERMS
ONLINE ONLY BIDDING
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
1. CATALOG: Theurer Auction/Realty LLC has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold AS-IS, WHERE-IS, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.
2. PAYMENTS: There is a 5% Buyers Premium added to your total purchase. All purchases must be paid for in US funds prior to load out. Cash, VISA, MasterCard, Discover, or Personal Check (w/bank letter if over $5,000 or customer is not known to the Auction company). If paying with a credit card, you will be charged an additional 5% handling fee; maximum $2,500 payment accepted on credit cards. No credit cards accepted on titled vehicles. Funds must be certified on titled vehicles if you would like your title processed right away; otherwise there will be a 10-day holding period when paying with personal check. ANY PURCHASE $10,000 OR MORE MUST BE IN CERTIFIED FUNDS -- No cash will be accepted!
All sales are final. No credit card charge backs will be allowed. All accounts must be settled at the conclusion of the auction.
Note: Credit cards and checks may be processed the day of the auction; be sure to have adequate funds in your account. Each transaction necessary to collect insufficient funds will have a $25 fee imposed plus the liability of Default of Buyer below.
3. DEFAULT OF BUYER: Successful bidder not paying for items within three days of the date of the auction will be considered in default. Such default by the Successful Bidder will result in that Bidder's liability to both the Seller and Theurer Auction/Realty LLC. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the items either publicly or privately with Theurer Auction/Realty LLC/Realty LLC, and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Theurer Auction/Realty LLC.
In addition, Theurer Auction/Realty LLC, also reserves the right to recover any damages separately from the breach of the Buyer. The Buyer agrees to pay all reasonable attorney fees and costs incurred by Theurer Auction/Realty LLC, in the collection of funds. The Buyer also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Theurer Auction/Realty LLC, and any other costs or losses incurred by the Buyer's failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Sumner County, Kansas, at the option of both the Seller and Theurer Auction/Realty LLC.
Both the Successful Bidder and Seller shall indemnify Theurer Auction/Realty, LLC, for and hold harmless Theurer Auction/Realty LLC, from any costs, losses, liabilities, or expenses, including attorney fees resulting from Theurer Auction/Realty LLC, being named as a party to any legal action resulting from either Bidder's or Seller's failure to fulfill any obligations and undertakings as set forth in this contractual agreement.
4. SHIPPING: There is no shipping unless prior to the auction date arrangements are made. In the event Buyer has requested shipping and obtained approval of auction company to do so, a $5 per item handling/ transportation charge may be added to the invoice and shipping will be provided by an independant shipper at the Buyer's expense, and will be a separate and additional charge from the auction company.
5. PICK UP ITEMS: All pickups are scheduled in advance. Please see the pickup time and location in the description of the item. It is the Buyer's responsibility to be certain all items are included before removing boxes from the premises. Items not picked up can incur both a moving and/or storage fee. Items not picked up after three days will be considered abandoned and the Auction Company will dispose of or resell the items at the Buyer's sole risk with no refund provided. Any items that must be removed by the auction company on behalf of the Buyer may incur additional charges for moving and/or storage.
BIDDING AND REGISTRATION INFORMATION
BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable, Theurer Auction/Realty LLC, has the right to reject the registration, and bidding activity will be terminated. The Seller and Theurer Auction/Realty LLC, reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Theurer Auction/Realty LLC, or in their sole opinion detrimental to Bidding Activity, then Theurer Auction/Realty LLC, reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges.
MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified.
AUCTION END TIMES: Theurer Auction/Realty LLC, online only auctions are timed events and all bidding will close at a specified time. However, our auctions also have what is called a 'Soft Close' feature. Any bid placed within the final minute of an auction results in the auction automatically extending an additional 2 minutes. The bidding will extend in 2 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 2 minutes. Therefore, the auction will not close until all bidding parties are satisfied and no one can be outbid in the last seconds without having another opportunity to bid again.
TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Theurer Auction/Realty LLC, reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Theurer Auction/Realty LLC, shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the direction and discretion of Theurer Auction/Realty LLC. Theurer Auction/Realty LLC, reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Theurer Auction/Realty LLC are final.
Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Theurer Auction/Realty LLC, Inc. and the Seller and that you, as the Bidder, are prepared to purchase items under these terms and conditions. Theurer Auction/Realty, LLC, may bid on behalf of an individual buyer, the Seller, or another third-party.