TERMS OF SALE
THIS IS A INTERNET ONLY AUCTION
These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-nine numbered paragraphs that outline the relationship
between you (Bidder) and Estate Auction Group, LLC (Auctioneer). Throughout these Terms and Conditions, the terms auctioneer, we, us, and our will refer to the Auctioneer, and the terms you and your will refer to the Bidder.
If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, the Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.
Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.
1. Registration: To gain access to the Auctioneers bidding system
you will need to register and obtain a bidder number. You must be eighteen (18)
years or older to register. You agree that all information that you provide during
the registration process will be true and accurate. You will be banned from
participation in the Auctioneers auctions indefinitely should you provide any false
information during the registration process.
2. Applying for Tax-Exempt
Status: Some bidders may be exempt from payment of applicable taxes. If you wish to
apply for tax-exempt status, you must submit a completed copy of Auctioneers
tax-exempt form prior to this auctions closing. Please note that the Auctioneer
requires bidders to submit a new tax-exempt form for every sale. Once you have
completed your tax-exempt form, please e-mail the form to [email protected] so that we can review your information. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneers tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully,
and contact the Auctioneer with any questions you may have.
3. Deposit: In order for the Auctioneer to process your winning bid, we must have a working Visa or MasterCard associated with your account.
4. Bidders Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number including contact information and credit card information changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.
5. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneers website without first obtaining written permission from the Auctioneer.
6. Bidders Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid
Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
7. WARRANTIES AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE, DESCRIPTIONS ARE NOT GUARANTEED.
8. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email. You can review your bids at any time using the Auctioneers Review Bids feature; items on which you have been outbid will be clearly marked.
9. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid even a bid that increases your own, lower bid was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must
immediately contact the Auctioneer by email at [email protected] Reports of bidding errors must be made via e-mail; phone reports will not be accommodated.
10. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.
11. Bidders Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending a e-mail to [email protected] You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
12. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to at any time (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auctions closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers, sellers, or other parties interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the
Auctioneer may leave the item on the catalog and buy the item back on behalf of the
seller to establish the Auctioneers earned commission and the buyers premium due to
the Auctioneer from the seller.
13. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.
Notification: If you end up placing one or more winning bids in this auction,
the Auctioneer will contact you by e-mail to let you know which items you have won.
This e-mail notification will be the only contact you receive from the Auctioneer
about your winning bids; this means that you are responsible for checking your e-mail
following the close of the auction to determine what items you have won. If you do
not receive an e-mail identifying you as a winning bidder, it is because the
Auctioneer has no record of your having placed a winning bid.
If you believe that you placed a winning bid, but do not receive a e-mail, you must
notify the Auctioneer by sending a e-mail explaining your situation by 9:00AM the day
after auction has closed. You agree that the Auctioneer will be the sole authority
regarding the identification of winning bids.
15. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes.
Suspension: You understand and
agree that if, at the end of this auction, the Auctioneer is twice unable to charge
your credit card for the entire amount of your purchases, the Auctioneer will suspend
your online bidding privileges indefinitely. The Auctioneer will only reinstate
suspended accounts if the suspended bidder hands over a $1,000 deposit to be held in
escrow for a period of one year.
Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 18-20 of these Terms and Conditions.
16. Buyers Premium: A 10% buyers premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $110 at checkout.
17. Sales Tax: Sales tax will be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 2 to apply for tax-exempt status.
18. Default and Resale: You agree that if, after being
declared the winning bidder, you fail to pay for any item that you have won for any
reason, your account will be declared in default after 30 days. If you still refuse
to pay for any item after being notified of your account being in default, you agree
that the Auctioneer will have the right to immediately resell your item, and you
further agree to pay (1) any cost associated with the resale and (2) any deficiency
between your original purchase price and the resale price.
19. Picking Up Your
Items: You are solely responsible for the safe and timely pick-up and removal of any
items you may win at this auction. If you are unable to safely pick up and remove
your items during the removal times that have been scheduled for this sale, PLEASE DO
NOT BID. If the item can be shipped, please determine the cost prior to bidding to
ensure feasibility. The Auctioneer will not issue you a refund if you are unable to
pick up and safely remove your items during the published removal times and/or have
items transported via trusted carriers within 30 days of auction
Bidders Duty to Remove Items Safely: Again, you are solely
responsible for the safe pick-up, removal, and transportation of your items. You
agree that the pick-up, removal, and transportation of your items will be solely at
your expense and at your risk. You further agree that you will be responsible for
any damage that you or any of your agents cause during any preview or removal period,
and also agree that the credit card associated with your online account will be
charged for any expenses incurred and/or repairs necessary as a result of any damage
that you cause.
Release Upon Presentation of Receipt: You understand and
agree that the Auctioneer will release your items only after you or your agent
presents a sales receipt generated by the Auctioneer stating that your account is
paid in full. You further understand and agree that it is your duty to ensure that
any agent picking up items on your behalf has a copy of your paid sales receipt to
present at the pick-up location. You explicitly authorize the Auctioneer to release
your items to any person in possession of your paid sales receipt. No item will be
released to any person unless that person presents a paid sales receipt listing the
item in question.
20. Non-Delivery: In the unusual event that an item has
been totally mis-described or is unavailable for pickup during the published removal
times, you must immediately notify the Auctioneers onsite staff of the problem and
file a claim for non-delivery within twenty-four hours. You understand and agree
that if you fail to make a claim for non-delivery within twenty-four hours of your
discovering the problem, your claim for non-delivery will not be honored. Claims for
non-delivery may be filed by replying to the e-mail that informed you of your winning
bids. Your claim must fully describe the nature of the problem that you have
21. Claims and Choice of Venue: Any claim or controversy out of
or relating to these Terms and Conditions, or to any breach thereof, will be settled
either (1) in Lake County, Indiana Small Claims Court, if the claim in question
amounts to less than $5,000, or (2) by means of arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, if the claim in
question amounts to more than $5,000. In the event of arbitration, judgments upon
the award rendered by the arbitrator may be entered by any court having jurisdiction.
You agree that all claims will be litigated or arbitrated on an individual basis,
and will not be consolidated with any claim made by another party. Venue in every
case will be Lake County, Indiana. You agree that any judgments awarded may be
applied to and collected from you personally or corporately. Should any party file
an action contrary to this paragraph, the counter-party may recover reasonable legal
fees and costs. Further, if you bring a claim against the Auctioneer and do not
prevail, you agree that you will reimburse the Auctioneer for all reasonable legal
fees and costs.
22. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
23. Liability: In all cases, the Auctioneers liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.
No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any
action taken by any seller, bidder, or other third party before, during, or after
No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
24. Indemnification: You agree to indemnify, defend, and hold
harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and
representatives from and against any claims, losses, damages, liabilities, judgments,
fees, costs, and expenses, including reasonable legal fees and costs, related to,
arising from, or associated with you, your agents or representatives including, but
not limited to, personal injury or property damage caused at any sales site or during
removal or transportation of items won at auction, any dispute with another bidder,
or any violation of these Terms and Conditions.
25. Limitations: These Terms and Conditions do not nor are they intended to create any agency-, partnership-, joint venture-, employer-employee-, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the
26. Sever-ability: If any term, provision, paragraph, condition,
or other portion of this agreement or the application of these to any person,
place, or circumstance is held to be invalid, unenforceable, or void, the remainder
of this agreement and such term, provision, covenant or condition as applied to other
persons, places and circumstances will remain in full force and effect.
27. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Indiana.
28. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.