TERMS AND CONDITIONS 2023 If you would like to bid on this online auction, you will first have to READ the Terms and Conditions listed below. By registering and bidding, the bidder shows acceptance of the following terms and conditions. Do not register or bid unless you agree to all the terms and conditions. These are the Terms and Conditions of Sale for this online auction. They consist of sixteen (16) numbered paragraphs that outline the relationship between you ("the Bidder”) and Michael Auction & Realty Service LLC ("the 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. 1. REGISTRATION: To gain access to this online auction, you will need to register and create a username and password. You must be eighteen (18) years old 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 Auctioneer’s auctions indefinitely should you provide any false information during the registration process. 2. DISCLAIMER: All lots are sold "AS-IS, WHERE IS", will all faults, or imperfections and errors. The Auctioneer and the seller (s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. The Auctioneer encourages all bidders to inspect lots in person before bidding. Michael Auction & Realty Service LLC has put forth every effort in preparing the catalogue for every auction to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder. Printed statements or descriptions by the staff are provided in good faith and are matters of opinion. Any bidder's failure to inspect, or to be fully informed on the quality or condition will NOT constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Terms and Conditions, bidding, or how to bid: IF YOU ARE IN ANY WAY UNSURE AS TO ANY AND ALL MATTER HEREIN, MICHAEL AUCTION & REALTY SERVICE LLC URGES YOU NOT TO BID. a. Photographs and Descriptions: The Auctioneer regularly posts item descriptions to the best of their knowledge 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. b. Bid Wisely: We want everyone to be pleased with their purchases. When you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim or chargeback against the Auctioneer. Preview of items can be done by appointment only. Requesting additional photos or information can be done by email only at michaelauctions1938@gmail.com 3. CONDUCT OF ONLINE AUCTION: Conduct of this online auction and increments of bidding are at the direction and discretion of The Auctioneer. The Auctioneer reserves the right to reject all bids for any reason and reserves the right to cancel this online auction or remove any items or lot from this online auction prior to the close of bidding. WE ACT ONLY ASAGENTS FOR THE SELLER. Some items may have reserves that may or may not be noted. All decisions of Michael Auction & Realty Service LLC are final. All bids in this online auction 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 Auctioneer's website without first obtaining written permission from the Auctioneer. 4. MAX BID: When you place your maximum bid, the current bid price does not automatically jump to your max bid. Your Bidwill go to the next highest increment and will be increased as other people bid against you. The computer will automatically bid up to your max bid in the increments specified. By placing any bids, you have agreed by legal contract that your bid or max bid is what you are willing to pay for that specific lot(s) and may have to pay the full bid or max bid amount of any bids placed. The bidder agrees and is responsible for every bid amount placed. Remember, Michael Auction & Realty Service LLC, or anybody for that matter can’t force you to place any bid, you and you alone are responsible for your actions. Please bid accordingly. a. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email if you have chosen this option when you registered. 5. CHOOSE WISLEY: When you bid on the wrong items or decide an item is not suited for your intended use, or clients are not willing to assume the cost of your mistake. When in doubt about condition, and completeness or suitability for intended use please bid accordingly. 6. BUYERS PREMIUM AND SALES TAX: Unless a specific online auction states otherwise, a 18% buyer's premium will be charged on all items and lots. Every bidder pays the same buyer's premium and should bid accordingly. For example, if you bid $100 on an item in the online auction, you will be charged $118.00 for that item or lot on your auction invoice. 6% Michigan Sales Tax or Indiana Sales Tax of 7% whichever is applicable will beaded to all invoices. (Coins & Currency or Sales Tax Exempt). If a bidder is exempt from sales tax, they must email documentation to john@michaelauctions.biz prior to the online auction closing. 7. ONLINE AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for one lot every 10 - 13 seconds depending on the online auction. If a bid is placed in the last few seconds, the software will automatically extend bidding by 1 minute. Some lots may be linked together so that a bid on one lot will extend the time on all linked lots. As soon as the online auction ends, winning bidder credit cards will be processed, and all winning bidders will receive an email with an invoice attached showing Paid in Full or Unpaid. This email notification will be the only contact you receive from the Auctioneer about your winning bides; this means that you are responsible for entering a correct email and for checking your email following the close of the online auction to determine what items you have one. If you do not see the email, please check your junk or spam folders. a. If your bid is determined to be the winning bid, you become obligated to pay for the items (s) that you have won at the price you gave as your bid. If you believe that you placed a winning bid, but do not receive an email, you must contact the Auctioneer by calling517-398-1855 by 10 am the day after the online auction ends. b. Credit Card: 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 has sufficient credit available to pay for all your purchases at the moment the auction closes. If you choose to pay cash, you must notify the Auctioneer before the auction closes. For the Auctioneer to process your winning bid, we must have a valid/working Visa, MasterCard, or Discover Card, associated with your account with sufficient funds available to cover your purchases. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide a credit card with insufficient funds or anon-valid credit card. Wire Transfer or Vemno may be required for payment at our discretion. c. Bidder's 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. You will need to update your profile before registering for any future auctions. 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 an e-mail to john@michaelauctions.biz. 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. d. 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 16-17 of these Terms and Conditions. e. 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. If you still refuse to pay for any item after being notified of your account's 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. 9. PICKING UP YOUR ITEMS: You are solely responsible for the safe removal of any items you may win at this online auction by appointment during the posted pick-up dates and times. If you are unable to safely pick up and remove your items during the pickup times that have been published for this sale, PLEASE DO NOT BID. There will be $20 fee if you ask any of our staff to meet you outside the posted dates and times for pick-up. a. Shipping of your items: Auctioneer will ship at bidders ‘expense items marked "Shipping Available". The bidder will receive an invoice from ShippingSaint.com to pay for shipping. If the winning bidder does not pay the invoice within 48 hours, the Auctioneer will charge the credit card registered on HiBid for the shipping amount. Items not marked "Shipping Available" and not picked up will be considered abandoned and a fee of $10per lot on smalls and $100 per lot on furniture, large and heavy items will be charged to the winning bidder. The auctioneer does not hold items beyond the published removal times. 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. Bidder's 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 inspection or removal period and 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. c. 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 possessing 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. d. Abandonment: You understand and agree that any item you do not pick up during the published pick-up times will be considered abandoned. You understand and agree that you will be charged $10 per lot for small items and $100 per lot for furniture, large and heavy lots. e. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. 10. CLAIMS AND CHOICE OFVENUE: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) Coldwater, MI 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. 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 counterparty may recover reasonable legal fees and costs. Further, if you bring claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs. 11. INTERIM OR PRELIMINARYRELIEF: Notwithstanding the contents of Paragraph 13 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 pended arbitration or litigation. 12. LIABILITY: In all cases, the Auctioneer's 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 a. 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 this auction. b. No Liability for Site Malfunction: You understand that this auctions 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. 13. 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. 14. 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 Auctioneer. 15. SEVERABILITY: 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. 16. GOVERNING LAW: These Terms and Conditions will be governed by and construed under the laws of the State of Michigan. 17. ENTIRE AGREEMENT: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.