Auction Terms & Conditions GENERAL ONLINE AUCTION TERMS & CONDITIONS ARE VERY IMPORTANT! PLEASE READ CAREFULLY BEFORE YOU ATTEMPT TO BID. YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND CONDITIONS AS STATED!
INTERNET BUYER'S PREMIUM: 2.5% with $750 cap on all items.
ONLINE PRE-BIDDING: Pre-bidding opens Wednesday, June 23, 2021 at 10:00 AM CST. Prebidding will lead into the Saturday, July 17, 2021 LIVE PUBLIC AUCTION with SIMULTANEOUS ONLINE BIDDING. ONLINE BIDDING begins at 10:00 AM CST. A "MAX BID" may be placed on any item and the computer will bid on your behalf. This feature eliminates the need to continuously watch your bids.
COVID-19: Masks are encouraged. Social distancing & other precaustions will be observed. If you have been exposed to the virus, have symptoms, fever or are not feeling well, please stay at home and bid Online.
INSPECTION: Viewing is encouraged prior to bidding. Public Viewing Date: Wednesday, July 14, 2021 from 10:00 AM - 2:00 PM CST. Please follow all Covid-19 guidelines.
EQUIPMENT LOCATION: 1001 391st Ave., Bath, SD.
DIRECTIONS: From Butler Caterpillar (East Hwy 12), Aberdeen, SD - go 1/2 mile South on 391 Ave.
PAYMENT OPTIONS: USD Currency. Cash, Bankable Check or Wire Transfer. Buyer(s) purchasing with Bankable Checks will need to have their funds "verified" by their lender prior to picking up.
SALES TAX: 4 1/2% Federal & State Sales Tax charged on all applicable items unless you have a South Dakota Certificate of Exemption on file with our clerks prior to check out. Exemption Certificate Tax forms available at www.state.sd.us/drr or by calling 1-800-829-9188. No refunds for tax collected if Certificate of Exemption Form is received after the scheduled settlement. Please plan accordingly.
SETTLEMENT & TRANSFER OF PROPERTY: All payments are made to Jark/Worlie Auction Service, LLC. Property to be settled for by July 21, 2021 - 4:00 PM CST to Jark/Worlie Auction Service, LLC, 221 S. 1st Street, Aberdeen, SD. All personal property becomes the buyers responsibility and risk when declared "SOLD". NOTHING TO BE REMOVED UNTIL SETTLED FOR!
CHECKOUT & PICK UP: Items can be removed once guaranteed payment has been received BEGINNING after AUCTION on July 17, 2021. AFTER DAY OF SALE PICK UP IS BY SCHEDULED APPOINTMENT ONLY. Checkouts must be with either auctioneer or seller(s) and buyer(s) must show proof of payment (Paid Invoice). All property MUST be removed and Buyer must take possession of items no later than 4:00 PM CST, July 31, 2021 unless special arrangements are made. Any items not removed by the Buyer by the final day of removal will revert back to Auctioneer/Seller, and may be resold at auction or disposed of in any manner seems to be suitable. Please follow all Covid-19 guidelines.
REGISTRATION: Bidder must be 18 years of age or older and are required to register for the auction. A credit card may be required for auction registration to verify the identity of our bidders and to protect the integrity of our bidder's pool. Thank you for your cooperation. ** If you believe you have registered but have not been asked to enter your credit card information YOU HAVE NOT FINISHED THE REGISTRATION PROCESS. ** The first lot that you bid on will prompt you to enter your credit card information. Please bid early to ensure you are completely registered.
ONLINE AUCTION DISCLAIMER: When using our online services, you are making firm commitments to purchase said item(s) and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason. Nonpaying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including fraud and/or interstate commerce violations.
SHIPPING/PICK UP: Pick-up only. No Shipping. Buyer is responsible for all shipping logistics and costs. All items must be picked up by July 31, 2021 unless special arrangements have been made prior to the auction. Please follow all Covid-19 guidelines.
GENERAL AUCTION TERMS & CONDITIONS: These Bidder Terms and Conditions shall be governed by and construed in accordance with the laws of South Dakota, including its statutes of limitations, but without regard to its rules governing conflict of law. All claims, disputes and other matters between parties will be brought in the state for federal courts sitting in and for Day County, South Dakota, which courts shall have exclusive jurisdiction, and shall be the exclusive venue, for any and all such claims, disputes and other matters. By submitting a Bidder Registration, accepting a Bidder Number or by Bidding, each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms and Conditions, or the transactions contemplated hereby, shall be brought in the state or federal courts sitting in and for Day County, South Dakota, (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each bidder waives trial by jury.
1) All property is being offered and sold in it's AS IS/Where IS condition at the time of the auction, with all faults, including any hidden defects of any nature. Neither auctioneer nor seller(s) makes any representations, warranties, or guarantees whatsoever, express or implied, regarding nature, value, source, authenticity, fitness, merchantability, and/or any other aspect of characteristics of such property. No statement anywhere, whether expressed or implied, including verbal statements made by auctioneer, will be deemed a warranty or representation by auctioneer or seller. Without limiting the generality of the foregoing, there are no warranties of title, non-infringement, authenticity, origin, merchantability, or fitness for a particular purpose, all of which are expressly disclaimed. Each bidder acknowledges and agrees that such bidder cannot rely and has not relied on any representation, warranty, or guarantee made by seller or anyone acting as agent of the seller, orally or in writing, about the property, or any of it. By bidding, each bidder acknowledges and agrees that such bidder has had a full and fair opportunity to inspect the property, and is relying solely on, or has waived, such bidder's inspection and investigation (i) in determining whether to bid, (ii) in determining the amount to bid, and (iii) in bidding. Inspect before you bid.
2) Announcements made day of sale supercede all printed material. Bidder agrees that everything is sold "As Is - Where Is" and that they may not return any item they purchase.
3) We have not had any of the items examined by an expert for authentication nor have any been graded for the auction.
4) Buyer acknowledges that all catalogues brochures, flyers, newspaper ads, etc. provided are for informational purposes only and are not to be relied upon as to the accuracy or truth of the statements, descriptions or depictions therein. Buyer acknowledges that he/she is responsible to determine the validity of the contents of all printed materials thereof. In no event shall Jark/Worlie Auction Service, LLC be held responsible for having made or implied warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
5) Bidders who bid from off site understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's reponsibility to determine condition, age, genuiness, value or any other determinative factor. Jark/Worlie Auction Service, LLC makes no representation of accuracy. Jark/Worlie Auction Service, LLC shall endeavor to describe in detail each item and any pertinent information about it.
6) Buyer acknowledges that all items remain at the risk of the Buyer as of the time the bid is accepted. It shall be the responsiblity of the Buyer to insure item(s) and to remove same safely from the auction site at his own cost and risk. Jark/Worlie Auction Service, LLC and the Seller shall not be responsible for any loss or damage caused by the fault of the Buyer or his agents in the course of removal of the item(s) from the site, and the Buyer further agrees to indemnify and save harmless the Seller and Jark/Worlie Auction Service, LLC from any claim, demand, suit, action for loss, damage or injury suffered as a result thereof.
7) Nothing to be removed until payment is made in full. Buyer agrees to pay applicable Federal or provincial & State Sales Tax (4 1/2 %), in addition to the full purchase price of the item.
8) Jark/Worlie Auction Service, LLC is providing internet pre-auction and online virtual bidding as a service to Bidder. Auctioneer and Seller will not be responsible for technology disruptions, errors or failures (including discruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions cuased by technology failures, even after bidding has commenced.
9) Jark/Worlie Auction Service, LLC will not be responsible for any missed bids from any source.
10) Jark/Worlie Auction Service, LLC reserves the right to revoke any bidding card.
11) Jark/Worlie Auction Service, LLC reserves the right to withdraw or re-catalog items in this auction.
12) Purchaser is responsible for all document and transfer fees.
13) Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. If the reserve price is not met, the item will not be sold and will remain the property of the seller. The seller does reserve the right to make the final bid and the Auctioneer does have the right to bid on behalf of the seller.
14) Buyer agrees to indemnify and save harmless Jark/Worlie Auction Service, LLC from any claim demand, action or suit for loss,damage or injury to a third party after the time of purchase and before title documents have been delivered to the buyer.
15) Jark/Worlie Auction Service, LLC is not responsible for accidents. Inspection and/or operation of any item by bidder or his agent, servant or employee shall be done at own risk. Jark/Worlie Auction Service, LLC is not responsible for any loss, damage or injury of any kind or howsoever caused to any person or property on the auction site.
Seller User Terms
Bidder User Terms