Auction Terms & Conditions Gaule Auction uses a third-party software for online auctions. The auction company nor the software provider will be responsible for any interruption in service, errors, caused by any means including power failures or website outages. This auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void a sale, suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final as is the case in a live auction. IMPORTANT NOTE: When you register for your account you are assigned a unique username and password. You are responsible for bids made on your account. An online bid is a legally binding contract. If you feel your account has been compromised, it is your responsibility to contact Gaule Auctioneers immediately to suspend your account. Final bids made from your account ARE NOT SUBJECT TO CANCELLATION REAL ESTATE: Auction Terms & Conditions Real Estate Use Restrictions: This real estate sells subject to (1) all County and State laws, ordinances and regulations and (2) any easements, encumbrances, leases and restrictions applicable to the property. Down payment: 20% down upon tentative acceptance of bid, balance due (with closing of sale) in 30 days or less. The down payment can be paid in the form of a personal check, business check, cashier's check, certified check or wired to the attorney. Contact Attorney for wiring instructions. The down payment is non-refundable unless the Seller fails to close on this transaction. Successful Bidders not executing and returning their contract with down payment within 48 hours of the conclusion of the auction will be considered in default. If your closing is delayed for any reason, by you, as Buyer, or other parties working on your behalf, including any lender you involve, you may be declared in breach of this contract, forfeit all deposits made, and could be additionally liable for any and all cost incurred by the Seller and Gaule Auctions in a subsequent resale of the property. Liquidated Damages: Buyer will forfeit all of their earnest deposit if they cannot close within the stated time herein and no written extension has been granted by the Seller. If such actions occur, Attorney/Guardian hereby has the right to disperse the deposit money as determined by Gaule Auctioneers. The Buyer has no claims to such money or property being sold. If the Sellers default on this transaction for any reason, the deposit money will be returned to the Buyer in full. Closing: Closing within 30 days and upon approval of the Sangamon County Circuit Court or as arranged by guardian attorney. Agency: The Broker/Auctioneer is acting as Agent for the Seller only. This information is obtained from reliable sources and is to be used as a guide to assist you. No liability including accuracy and/or omissions is assumed by the seller or agents of the seller. Buyers are encouraged to do due diligence in making decisions. Closing: Costs: Buyer and seller shall assume perspective closing costs. Possession and Tenancy: Possession at closing. 2020 taxes will be prorated to the day of closing. Title Evidence and Deed: Seller will deliver to Buyer an insurable deed for the property at time of closing, conveying clear and marketable title to said property, free of all encumbrances, liens and judgment, except for those lawful conveyances and restrictions that exist on record before the date of the auction as noted in the title insurance commitment. PROPERTY SOLD "AS IS,WHERE IS, WITH ALL FAULTS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND: This real property shall be sold subject to conditions, restrictions, right-of-way easements, and reservations, if any, of record and untitled mechanic's and material liens. Bidders’ Duty to Inspect: All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller, the Broker or any other person or entity. Personal inspection of all property by potential bidders is strongly recommended. All sales are subject to the conditions and terms contained herein. The failure of any bidder to inspect or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of-way, or any other information that can be obtained as public record in the County courthouse or any municipal office concerning subject properties. Any and all announcements made at the time of auction take precedence over all other verbal, printed, announced, and/or distributed information. Please note that you are bidding to purchase the property "As is, where is" with no guarantee or warranty. Inspections: Lead paint and radon inspections to be completed before sale date at bidder’s expense. Bidder Obligations: A bid placed by Bidder shall be deemed conclusive proof that Bidder has read, understands and agrees to be bound by these Terms and Conditions. It is the responsibility of Bidder to make sure that Gaule Auction Company is aware of Bidder's attempt to place a bid. Gaule Auction Company disclaims any liability for damages resulting from bids not spotted, executed, or acknowledged. Gaule Auction Company is not responsible for errors in bidding and Bidder releases and waives any claim against Gaule Auction Company for bidding errors. Soft Close: Financing: Purchaser shall have financing arrangements prior to auction. Announcements made prior to close of auction take precedence over all printed matter. Disclosure: This property sells subject to all terms and conditions of sale. The Seller reserves the right to reject any and all bids. All announcements on auction day supersede any previous marketing or advertising. PERSONAL ITEMS: Payment Instructions Cards will be charged following the auction. Charges will include final bid price and a convenience fee of 3.5%. Any bidders with cards that are declined on reconciliation day a $35 dollar processing fee will be charged to run another credit card. Everything is sold "as is" and all sales are final. Bidders hereby waive their right to initiate a chargeback on his/her credit card for any reason. This auction is a soft close auction which means it starts to close at the time stated, however it is a staggered close meaning the entire auction does not close out at the time stated. If it is set to close at 7:00 p.m. the first lot may not close if someone has placed a bid last minute, then this item will stay open for 2 more minutes. Other items may be closing or closed at this same time. This goes for all lots, including Real Estate, as long as someone has bid it puts 2 more minutes on the clock for the lot until there is no more bidding. If you have questions please call us 217-741-2717 or 217-523-7272. When a max bid is placed, the current bid price does not automatically go to your max bid. Another bidder has to bid to increase the current price and the computer will automatically inject your bid in the next increment, continually after being outbid, until it reaches your maximum bid amount. "This online-only auction doesn't behave nor conform to a live auction which you might be accustom to …if after we say your lot has closed there is an Internet problem, we will reopen your lot for further bidding. However, if there is no Internet outage nor service interruption, then we will consider "closed" to mean "Sold!". All persons attending the exhibition, sale, or removal of merchandise assume all risk of damage to person or property and specifically release and indemnify Gaule Auction Service from liability. All property is sold "AS IS", and ALL SALES ARE FINAL. Property is open to thorough public inspection. Questions may be directed to 217-741-2717 or 217-523-7272. Gaule Auction Service may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Gaule Auction Service be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders understand and acknowledge they may not be able to inspect an item as well as if they examine it in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determining factor. Many of our items are unique and may have wear and tear and imperfections. Gaule Auction Service shall endeavor to describe in detail each item and any pertinent information about it. Gaule Auction Service will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidders agree that everything is sold “as is”. Items may not be return for any reason. Mannequins, display stands, and scale measures are not included with the purchase unless duly noted in the description. All prices are in US Dollars. Gaule Auction Service is providing internet bidding as a service to bidder. Bidder acknowledges and understands this service may or may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against Gaule Auction Service or anyone else if the internet service fails to work correctly before or during the live auction. Gaule Auction Service will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged, should use the Auction Flex bidding features and leave their maximum bid 24 hours before the auction ends. There are certain inherent risks associated with the use of any Property offered for sale in the Auction. Except as otherwise specifically set forth herein, Gaule Auction makes no warranties as to the correctness of the description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical significance of any of the above-described goods. Furthermore, Gaule Auction accepts no liability whatsoever for the safety, reliability, durability or performance of any of the Property offered for sale in the Auction. The Bidder assumes the entire risk arising out of the use or performance of such Property. While we take caution in listing our items seller is responsible for confirming items purchased are not in any Federal, State or other government violation in their area. Gaule Auction Service reserves the right to withdraw or re-catalog items in this auction. The auctioneer should advance the bid at his own discretion. Gaule Auction Service may withdraw any item before or during the auction. Should a tie or dispute arise between two bidders, the auctioneer may, at his discretion reopen the bidding until the property is sold. The record of the auction made by Gaule Auction Service shall be conclusive. When the auctioneer says "sold" Bidder assume full responsibility for the merchandise. Everything MUST BE PAID FOR IN FULL AT THE CONCLUSION OF THE AUCTION. Payment shall be made by VISA, MASTERCARD, DISCOVER or AMERICAN EXPRESS. Unless exempt by law the purchaser shall pay any and all applicable taxes, duties, sales tax, VAT and/or customs fees. Bidder agrees indemnify Gaule Auction Service against any claim if sales tax is not collected on bidder’s purchases. Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Any merchandise not removed by bidder within the specified time may be resold at the next auction or disposed of in any other way Gaule Auction Service deems to be suitable. Once you become the successful bidder it is your responsibility to pick up the item as scheduled. Anyone wishing to bid must register and anyone wishing to participate must be legally able to enter into a contract to buy. Gaule Auction Service may refuse a bidder's number to anyone for any reason. Bidder agrees to provide any identification pursuant to HiBid Rules. Bidders agrees to comply with any stated additional terms or conditions associated with particular items. We want our customers to be happy with their purchases. If you have any question about the merchandise the time to ask questions is well in advance of the live auction. No returns are allowed. Thank You for your patronage. The bidder is responsible for knowing which items they are bidding on. If they are unsure, they should inquire or not bid. When you become the bidder at auction you are entering into a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Our priority is that your items are received by you in the same condition as when we list them in our auction. All pickups must be within arranged hours or as advertised following the auction. Buyers will be required to have a paid receipt before loading. Receipts shall be checked for all items purchased prior to loading. Have all paid receipts available on site at the time of pick up. Buyer is fully responsible for safe removal of all items they purchase. If you are unable to remove your items during scheduled pickup times, PLEASE DO NOT BID. The Auctioneer does NOT hold items beyond the published removal times and cannot issue refunds for abandoned items. Buyer is responsible for proper arrangements for labor to safely remove all items in a timely manner. Buyers are responsible for their own materials including but not limited to tools, carts, blankets, boxes, ramps, tubs, packing, tape, straps, rope, lighting etc. Please contact the auction company before bidding with any other questions. Items are to be picked up at the Luke Lee Gaule Auction Center 5040 Gaule Rd. Springfield, IL 62712 No goods removed from premises until payment is settled. All goods sold “as is” and “where is” with no guarantees or warranties. Gaule Auction is acting as sales agents only and assume no guaranties or liabilities and are not responsible for accidents or goods after sold. CHOICE OF LAW, JURISDICTION, AND VENUE: Any auction matter shall be exclusively construed and governed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles. The exclusive jurisdiction and venue of any controversy or claim between the parties shall be the city of Springfield (Sangamon County) in the state of Illinois. Under no circumstance will Gaule Auction incur liability to any Bidder or Buyer in excess of the purchase price actually paid. Gaule Auction will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these conditions caused by an event outside its control, that being any act or event beyond Auctioneers’ reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks. Auctioneers’ obligations shall be suspended and time for performance extended until such time as the event outside its control is over following which a new business date can be agreed. Auctioneer will not honor "mistakes". The Auctioneer reserves the right to accept bids in any increments he feels is in the best interest of his client the seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the seller. Announcements made at Auction take precedence over all printed matter.