CONDITIONS OF SALE
Placing a bid at auction constitutes buyer's acceptance of and agreement to these Conditions of Sale.
1. WAIVER OF WARRANTY: All lots are sold AS-IS Where-Is, and ALL SALES ARE FINAL. No statement regarding condition, kind, value, or quality of a lot, whether made orally or in writing in this catalogue or elsewhere, shall be construed to be an express or implied warranty, representation, or assumption of liability. Any such warranty is WAIVED.
2. The auctioneer shall have absolute discretion in determining the successful bidder. At the completion of the auction, title to the offered lot will pass to the bidder acknowledged by the auctioneer. The bidder thereupon assumes full risk and responsibility and will pay full purchase price for the said lot.
3. The auctioneer may decide that any original bid is not commensurate with the value of the article offered, or that any advance thereafter is not of sufficient amount, he may reject the same.
4. The auctioneer reserves the right to withdraw any item at any time before the sale of the item.
5. No merchandise will be released before the end of the auction.
6. If the buyer fails to comply with any of the Conditions of Sale, Martin Auction Company reserves the right to hold such defaulting buyer liable for the purchase price; to cancel the sale, retaining as liquidated damages any payment made by the buyer.
TERMS
Martin Auction Company requires that the merchandise be held on premises until the receipt of payment in full is verified.
PAYMENT
1. The successful bidder agrees to pay a buyer's premium in the amount of 10% of the sale price on each lot with the exception of the real estate which is 4%.
2. Acceptable forms of payment include Visa, MasterCard or Discover (3% Convenience Fee), cash, cashier's check, money order, wired money or personal check.
3. Payment is due at the time of pickup.
All firearms, including antiques, curios and/or modern firearms must go through either an exporter or another FFL dealer that supplies this service at the cost of the buyer.
SHIPPING RESPONSIBILITIES OF PURCHASER: PURCHASER OBLIGATIONS
Local pick-up is encouraged; however, if shipping is required we will provide in house shipping. If shipment is needed we ask that the buyer notify Martin Auction Company within 24 hours of the auction ending. A seperate invoice will be sent with shipping and handling cost. Shipping will be conducted via USPS unless otherwise requested by the buyer. If shipping is required for a large object we will work with the shipper of your choice. The purchaser assumes full risk and responsibility for the purchased property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, plus the buyer's premium.
Condition Reports
It is the responsibility of the prospective buyer to inquire as to the condition of a specific lot PRIOR to bidding. Condition reports are statements of opinion by the staff of Martin Auction Company, and/or independent consultants, it is not a warranty. CONDITION WILL NOT BE INCLUDED IN THE DESCRIPTION OF THE LOT. Please email requests to codymartin@martinauctioncompany.com. Emails must include all contact information. Requests are answered in the order they are received. All potential buyers should be sure they have read and agree to the Conditions of Sale. NO RETURNS ARE ACCEPTED ON THE BASIS OF CONDITION.
Registration
All contact information is required for consideration of bidding approval; Name, Address, Telephone number, email address and credit card information. The credit card used for registration will not be billed unless requested by the buyer or if other payment arrangements have not been made within 48 hours after invoices have to sent. Bidders who supply this information will be reviewed for approval. Bidders with open disputes or a dispute history will not be approved for online bidding. If you have any difficulty with the registration process please contact Martin Auction Company.
Clerical / Internet Errors
Martin Auction Company undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids. Regardless of the circumstances, if you click BID and subsequently BUY an item, you have purchased it. We will not cancel the sale of an item due to an accidental click. We are not responsible for a loss of internet connection and technical complications beyond our control.
Real Estate Terms:
The sellers are extremely motivated to sell but reserve the right to accept the final bid. If the bid is accepted the sale of the real estate is subject to the approval of probate court.
BUYER’S PREMIUM: A 4% buyer’s premium will be added to the purchase price to determine the actual selling price.
DOWN PAYMENT: The buyer will provide a $10,000 non-refundable down payment upon signing the contract for the sale of real estate within 24 hours of the acceptance of the final bid. Acceptable forms of payment include a personal check with bank letter or certified funds. The remaining balance will be due at closing in 45 days or less. Please note, successful bidding at the auction is not contingent on personal financing. Please have your finances in order prior to bidding on the property to ensure you are capable of paying the balance at closing.
TITLE: Seller shall convey a Warranty Deed to the buyer for examination and pay for title insurance.
TAXES: The real estate taxes shall be prorated between the parties as of the date of closing.
POSESSION: Possession of the real estate shall be delivered to the buyer at the time of closing.
CLOSING: Closing will be conducted at Cooper County Land Title located at 1005 Main Street in Boonville, MO on October 20th, 2021 or at other set time and place in which both parties agree.
Disclaimer: The property is being sold “as is, where is.” and no warranty, either expressed or implied, concerning the property is made by either the sellers or the auction company. Each bidder is responsible for conducting his/her own independent inspections or investigations concerning the property and the auction. Information provided is believed to be correct to the best of the auctioneer’s knowledge but is subject to inspection and verification by all parties relying on it. All information provided by the auction company is subject to the terms and conditions of the sale outline in the contract for sale of real estate. All decisions of the auctioneer are final. The sellers and the auction company reserve the right to preclude anyone from bidding if there is a question as to the person’s credentials, fitness, intent, etc.
