Auction Terms and Conditions : BY REGISTERING AND BIDDING ON ANY ITEM, THE BIDDER/BUYER SHOWS ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. DO NOT REGISTER OR BID UNLESS YOU AGREE TO ALL OF THE TERMS AND CONDITIONS BELOW: Registration: In order to gain access to Dizzy Creek’s online auction, you will need to register with Hi-Bid. All information provided by the bidder/buyer during the registration process must be current, complete, and accurate. Bidders/Buyers must be 18 years of age or older. Hi-Bid will charge the credit card on file $1 to authenicate but will reverse charge within 24 hours. By registering with Hi-Bid, you agree to receive email/text reminders for upcoming auctions or online auctions about to close. Please review full SMS/MMS and Email Policies below. Bidder’s/Buyer’s Number: Bidder/buyer number is non transferable. All bids online made using the bidder/buyer number will be the responsibility of the registered bidder/buyer. It is your responsibility to carefully review every bid you choose to make before submitting that bid. DISCLAIMER: All property is sold "As is, Where is." It is the bidder's/buyer’s responsibility to determine the condition and usefulness of the items purchased. We attempt to describe all items to try to give you a visual of the item you are bidding on. We describe them to the best of our ability and many times rely on information from the seller/client/consignor that is given to us. If you have questions or are NOT SURE about the condition of or anything pertaining to an item in our auction, please do not hesitate to give us a call at 423-605-0050, we will answer your questions to the best of our ability. You may also email us at info@dizzycreek.com. We will also offer a preview if you would like to inspect the item(s) in question prior to bidding by appointment. Auctioneer and her family have the right to bid on items and will be subject to the same terms and conditions. All sales are final: A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. We do not give refunds, returns, or exchanges. Authenticity: Though all descriptions are believed to be correct, neither auction house nor seller/client/consignor makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc. Changes in Circumstance: All aspects of this auction are subject to change without notice: The Auctioneer reserves the right to, at any time: 1. add/remove items from the auction 2. Split or combine lots 3. Add minimum bids or reserve prices 4. Cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event 5. Make changes to the auction’s closing, inspection, or removal times 6. Take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’/bidders’, sellers’/clients’/consignors’, or other parties’ interests. There may be times when the auctioneer has some of their personal items in an auction. This will be disclosed in the auction description. Conduct of Sale: All bids and credits in this sale 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. Dizzy Creek will be held harmless if the internet service fails to function properly or correctly, power outages, computer or internet complications before, during, or after the auction. Winning bidder: The highest bidder acknowledged by the Auctioneer shall be the purchaser/winning bidder and you become obligated to pay for the item(s) at the price you gave as your bid. Immediately upon the fall of the hammer/close of the lot, title will pass to the highest bidder who thereupon assumes full risk and responsibility for the item, including the obligation to immediately pay the full price, buyer’s premium, credit card processing fee of 4% and taxes as required. Buyer’s premium: There will be a buyer's premium of 15% added to the hammer price of each lot purchased online, absentee bid, or by phone bid, and it will be considered part of the total purchase price. This means that if your winning bids add up to $100, you will be charged $115 at checkout. This amount does not include any Sales Tax. Sales Tax: All purchases will be subject to Ga. State sales tax of 7% unless the purchaser possesses a current and valid Georgia Tax Exempt Certificate. Dizzy Creek LLC must receive an emailed copy for our files at least 3 (three) business days (Monday-Friday) PRIOR to bidding in an auction so that we may arrange for tax-exemption status. Once on file, it will remain valid until the expiration date of the Georgia Tax Exempt Certificate. Closing: Dizzy Creek’s online auctions are designed to mimic traditional “live” auctions. For this reason, this auction will have a staggered, dynamic closing. Staggered closing will allow extended bidding until no bids are placed for one minute. PAYMENT: Payment for the winning bid amount(s) plus buyer’s premium, credit card processing fee of 4%, and taxes will be charged to the credit card on file with Hi-Bid within 24 hours after close of auction. DECLINED CREDIT CARD: Any bidders with credit cards that are declined on reconciliation day will be charged a $25 processing fee to run another credit card-NO EXCEPTIONS. 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. Items must be paid for within 72 hours of auction close. If items are not paid for within 72 hours after auction close, Dizzy Creek LLC will resume possession of items on behalf of client/seller/consigner. Shipping: SHIPPING CAN GET EXPENSIVE. WE ENCOURAGE YOU TO READ OVER THE SHIPPING POLICIES BEFORE BIDDING. Dizzy Creek, LLC has sole discretion as to what items/lots can/cannot be shipped. Dizzy Creek, LLC will ship to U.S. addresses only using our own labels. Dizzy Creek LLC has partnered with various shipping companies in order to provide cost effective and efficient in house shipping. We will charge a minimum of $5 for a small box up to $10 for medium/large box plus packing materials per invoice. This does not include actual shipping charges. ALL charges are the responsibility of the winning bidder. We use the most cost effective way to ship. Dizzy Creek LLC is not responsible for any lost, stolen, or broken items but we can work with shipping vendors on your behalf to help get the issue resolved. No refunds will be given. WE WILL NOT SHIP HAZARDOUS MATERIALS. Please ensure that your address is accurate to avoid any shipping issues. Returns and refunds for shipping costs are not allowed once the shipping invoice has been issued, except in the case of an error on our part. Within 24 hours after close of auction, winning bidders will receive an email to arrange pickup or shipping. A separate invoice will be sent to include charges for shipping, handling, and insurance (based on value of items) and credit card on file may be charged (based on shipping company chosen). Shipped items will be shipped out within 10 business days UPON CLEARING OF FUNDS. Picking Up your Items: You are solely responsible for the safe removal of any items you may win at this auction during the posted pick up dates and 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. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You must provide your own packing material, boxes, bags, carrying and loading help, and tools to disassemble items. 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. It is your responsibility to verify that all your winning lots have been accounted for. You understand and agree that any item(s) that you do not pick up during the published pick up times will be considered abandoned and will become property of Dizzy Creek, LLC and may be resold. Bidder/Buyer further agrees that any damages that are caused by the buyer/bidder during preview or pickup of items are the sole responsibility of buyer/bidder to pay to fix or repair damages. If you choose to pick up but do not show up on pickup day(s), and if your item(s) is shippable, it will automatically be moved to the shipping department and charges will be charged to the card on file. If your item(s) are not shippable and no alternate pickup arrangements were made, item(s) will be considered abandoned. NO REFUND WILL BE GIVEN. Delivery: At Dizzy Creek, LLC’s discretion some items may be eligible for delivery on a case by case basis. Please call 423-605-0050 or email us at info@DizzyCreek.com 24 to 48 hours prior to the auction close to discuss. Non-Delivery: In the unusual event that an item has been totally misrepresented or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within 24 (twenty four) hours. You understand and agree that if you fail to make a claim for non-delivery in 24 (twenty four) hours of your discovering the problem; your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the email that informed you of your winning bids. Your claim must fully describe the nature of the problem that you have identified. Disputes: Dizzy Creek LLC has the right in its absolute discretion to reject any bid in the event of a dispute between Bidders or if Dizzy Creek LLC doubts the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to re-offer and resell the lot in question. The Parties agree that all agreements between the Parties, including but not limited to these Conditions of Sale, are entered into in Ringgold, Georgia, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether Bidder received catalogs, materials, or other communications in another location. High and low estimates: If and to the extent that high estimates and low estimates are used, they are merely a guide. Bidder/Buyer may not rely on high estimates or low estimates as a prediction of hammer price, value of lot(s), or for any other purpose. High estimates or low estimates are not a guarantee of price or value, and are not an indicator of the possible resale value of any lot(s). High estimate or low estimate do not include buyer’s premium or any other fees associated with any lot(s). Abandoned lot(s): Item(s) not picked up during specified pick-up days/times will be considered abandoned unless other arrangements have been discussed and approved with Dizzy Creek LLC management. If shipping was chosen but invoice not paid after fifth and final notification, item(s) will be considered abandoned. All item(s) considered abandoned will become the property of Dizzy Creek LLC and no refunds will be issued for lot(s) purchased. SMS/MMS: By providing your phone number to Dizzy Creek, LLC, you agree to receive SMS and/or MMS messages from us regarding upcoming auctions, auction closing reminders, updates, and any other information deemed necessary. Message frequency may vary based on your activity. Message and data rates may apply. You can opt out at any time by replying STOP to any message. Emails: By providing your email address to Dizzy Creek, LLC, you agree to receive emails from us regarding upcoming auctions, auction closing reminders, updates, and any other information deemed necessary.