ONLINE AUCTION TERMS AND CONDITIONS
IT IS VERY IMPORTANT TO REVIEW THE TERMS BEFORE PARTICIPATING IN ANY AUCTION!
VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE.
TERMS AND CONDITIONS CAN CHANGE DEPENDING ON THE CIRCUMSTANCES OF EACH SALE.
PICK UP TIMES:
All bidders will be required to pick up their items within 3 days after auction between 8:00 AM and 3:00 PM or items will be photographed, advertised, and resold for storage cost.
Please respect our guidelines and our staff's time. Any items remaining after the designated pick-up times or without previous arrangements will be forfeited!
***BUYERS PREMIUM: A 10% buyers premium will be charged to live bidders and a 15% buyers premium will be charged to online bidders on each purchase. Buyer agrees to these provisions and will pay the applicable buyers premium. NOTE: There is also a 3% fee for all buyers who pay with a debit or credit card.
Shipping is available at the expense of the buyer. BUYER IS RESPONSIBLE FOR ALL SHIPPING COSTS. WE WILL CALL YOU TO TAKE PAYMENT OVER THE PHONE. Unless specified by you, items will be insured for invoiced amount. All items will be shipped within 3 business days of auction unless you are notified otherwise. Once shipped you will be contacted with the tracking number and informed of the shipping cost that was charged to your card.
Max bids may be placed on any item and the computer will bid on your behalf, thus eliminating the need to "babysit" your bids. This option is highly recommended so you do not miss out on the item you are bidding on for any reason.
Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. If you are sales tax exempt, you will need to provide to us the correct form. ST-105. Link Provided for you to download and return via email to email@example.com or firstname.lastname@example.org http://www.valero.com/BusinessPartners/Documents/IN Sales tax Exemption ST105.pdf., THIS INCLUDES COINS.
PAYMENT: (ONLINE BUYERS WILL BE CALLED BY THE AUCTION COMPANY TO TAKE PAYMENT OVER THE PHONE.)
Buyer specifically waves the right to dispute or deny payment for any purchases made with a credit card. The credit card on file will be charged for your total purchases including any buyers premium, or stated additional fees. All denied transactions due to expiration date, non sufficient funds, and or other reasons shall be subject to a $20.00 re-processing fee. You can update your credit card under "PROFILE" on the website dashboard. You as the buyer are responsible for keeping your credit card on file and up to date. Credit card chargebacks are not allowed.
Large ticket purchases over $1,000.00 or titled vehicles, MUST be settled for with CASH, wire transfer or previous arrangements made with the Auction Company.
No item will be released or transferred until payment has posted to our account.
BASIC AUCTION TERMS AND CONDITIONS:
Mensendiek Real Estate & Auction Professionals retain the right to govern goods and services sold to clients and to maintain the level and integrity of our business. Mensendiek Real Estate & Auction Professionals has the right to terminate the auction at any time; withdrawal from sale of any item; to sell at this auction items not listed; to group one of more lots into one or more selling lots or to subdivide into two lots or more selling lots. The auction company also reserves the right to sell all of the items listed in bulk.
No Liability: a) Mensendiek Real Estate & Auction Professionals assumes no liability for your purchases. The buyer assumes and does agree to indemnify and hold the auction company and seller harmless from any future claim that shall pertain to fitness or use of the asset being purchased. b) Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability therefore. Neither the Auction Company nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held.
Consignors & Bidders: a) All consignors must fill out a contract with Mensendiek Real Estate & Auction Professionals, sign forms and abide by our terms listed. b) All bidders must register for bidder's numbers using proper ID or proper information. c) No consignor, seller, or agent for seller has the right to bid on their consigned goods. d) Any employee of Mensendiek Real Estate & Auction Professionals may bid at any auction if they wish to purchase an item. e) All items become the sole responsibility of the purchaser when the auctioneer confirms your bid as the successful winner. We are not responsible for lost or stolen items.
Loss of Bidding Privileges: a) If you have failed to pay for an item, or failed to timely pick-up items, your bidding privileges will be revoked. Your privileges may be restored by paying for the item or repaying for the loss of the revenue due to the items not having been sold and by placing a credit card on permanent file whereby future purchases will automatically be charged.
Delinquent Accounts: a) The bidder that has not paid for, or has not removed their items from the auction site, will be subject to the cost of storage, trucking, re-sale, deficiency balances, collection fees, and any legal fees for recouping a loss due to the bidder's negligence.
Reserves: a) Any and all items that Mensendiek Real Estate & Auction Professionals agrees to sell are subject to a reserve as per Indiana State Auction Law.
Documents: a) All documents must be completed in full by buyers and sellers. For Example: Death Certificates, Letters of Authority, Creditor Leins, and UCC's when purchasing vehicles, firearms, etc. b) All gun buyers will be required to fill out a 4473 form and pass a background check. Out of state buyers will be required to have any and all guns shipped to an FFL (Federal Firearms License) Dealer.
Compliance with the Terms of Sale: a) In default of payment of bills in full within the time announced for this auction the Auction Company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. b) Mensendiek Real Estate & Auction Professionals is in complete accordance with Indiana statutes and Indiana Administrative codes, Title 25, Title 812, Department of Revenue Tax Bulletin #20, and Reference IC 6-2-4. Warranties: a)
Everything is sold "AS IS/WHERE IS" with no warranties, representation or guarantees expressed, implied or otherwise given. All sales are final.
Conditions of Items Sold: a) All information is believed to be accurate, but the auction company shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "as is" and without recourse.
Mensendiek Real Estate & Auction Professionals requires any and all buyers to preview and make your own opinion of conditions.
BIDDER REGISTRATION: Bidders must be 18 years of age or older, and are required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number-ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.
ONLINE BIDDING INFORMATION
Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you in regard to bid confirmations and or outbid notifications.
Thank You for participating in this auction.