Terms and Conditions
Bidding on and buying auction assets on www.tcwelcomehome.com and its affiliated websites are subject to the series of obligations and rules below.
All bidders are responsible to become familiar with the terms used on this website and for this auction. Some of these terms include, but are not limited to, the following: Sold "AS-IS, WHERE IS", warranties, expressed or implied; merchantability; with any and all faults and defects; abandoned property, absentee bid, and buyer's premium.
All personal property items in this auction are located in the general vicinity of Tonganoxie, Kansas.
All winning bidders MUST pay by credit card unless other arrangements have been made prior to the close of the bidding by calling Rick Garvin at 785-224-4492.
Other Terms and Conditions include the following:
1. NOTICE TO ALL ONLINE BIDDERS: All online bidding for items in this auction will end at 6:00 pm CT on Friday, January 25th. The person with the high Internet bid will have their bid executed during the "live onsite auction" on Saturday, January 26th as an "absentee bids"; which means that the high Internet bid will be executed along with and in conjunction with live onsite bidders to determine the selling price of the item and the winning bidder.
2. Town & Country Real Estate and Auction AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS "AS IS," UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND.
3. Town & Country Real Estate and Auction AND SELLER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. Town & Country Real Estate and Auction reserves the right to set the bid increments of this auction.
5. Assets are sold in their actual current condition, with any and all faults and defects, and with all errors of description. Town & Country Real Estate and Auction liability to a purchaser will never exceed the purchase price actually paid for an asset.
6. Bidders accept all auction assets "with any and all faults", whether or not immediately apparent.
7. Bidders are responsible for ascertaining actual current condition through personal inspection (when available) and careful review of the description, pictures, video and/or any other supporting documentation.
8. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets regardless of whether that inspection was in person or by use of written description and photos/video.
9. Bidders are strongly advised by Town & Country Real Estate and Auction to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid.
10. Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance and all other costs related to physical transfer of auction assets from their location at the time auction bidding ends.
11. If the pictures displayed with descriptions do not appear to match, contact Rick Garvin by calling 785-224-4492 to report the differences.
12. ASSETS DEEMED ABANDONED - CONSEQUENCES - Assets not claimed, or paid for, by the buyer within the time specified in the auction's specific terms and conditions may be deemed "abandoned property," regardless of whether payment has been received by Town & Country Real Estate and Auction or the seller, the transaction between the seller and buyer may be cancelled without further notice or process and those assets may be resold at the sole discretion of the Auction Company.
13. ABSENTEE BIDS - While Town & Country Real Estate and Auction will make every effort to assist bidders, we do not accept phone absentee bids.
14. BID RESCISSION AND REJECTION - Town & Country Real Estate and Auction reserves the right to rescind or reject any and all bids.
15. BID RETRACTION - Buyers agree not to retract any bid they place on the site.
16. BUYER'S PREMIUM - A 10% Buyer's Premium will be added to the high bid for each lot sold to establish the final selling price.
17. SALES TAX: THERE WILL BE NO SALES TAX CHARGED OR COLLECT FOR THIS AUCTION.
18. ASSET TRANSFER AND RISK OF LOSS POST-AUCTION - Assets will not be released to buyers until full payment to Town & Country Real Estate and Auction has been received and funds confirmed. An auction asset becomes the full responsibility of the buyer at the close of bidding on that asset, and the buyer immediately assumes all risk of loss and damage to the asset.
19. AUCTIONEER'S DISCRETION - Town & Country Real Estate and Auction has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Town & Country Real Estate and Auction or the seller.
20. CHOICE OF LAW AND VENUE; WAIVER - In any matters in which Town & Country Real Estate and Auction and/or any of its employees, officers, directors, shareholders, agents or assigns is made a party, the law of the State of Kansas shall apply, without regard to its law pertaining to conflict of laws, and any dispute shall be decided in the courts of Jefferson County, Kansas. All claimants consent to the personal jurisdiction of those courts.
21. Auctioneer may waive any provision of these Terms and Conditions, but only in writing. No such waiver shall effect any other provisions of these Terms and Conditions, nor shall it amount to a permanent waiver of that particular provision.
22. If there is anything relevant to these "Terms and Conditions" of auction that you do not understand, please contact Town & Country Real Estate and Auction before placing a bid.
23. By placing a bid indicates full understanding and acceptance of these terms, along with the agreement to be so bound.
24. Persons registering for this auction acknowledge and agree that their contact information can be added to our data base so they can be notified of upcoming auctions.
Updated: December 7, 2018
Richard H. Garvin, Auctioneer / Realtor
Town & County Real Estate & Auction
313 Jefferson Street
Oskaloosa, Kansas 66066
Cell 785-224-4492
Office 785-863-3322
www.TCWelcomeHome.com
Email rick.garvin1948@yahoo.com
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