ONLINE AUCTION TERMS AND CONDITIONS
REFER TO LOT 1 FOR AUCTION CLOSE TIME. BIDDING ACTIVITY WILL EXTEND, 6 MINUTES, PER LOT, IF THERE IS BIDDING ACTIVITY IN THAT LOT IN THE LAST 3 MINUTES.
ALL ITEMS SOLD "AS IS, WHERE IS" WITH NO WARRANTY. ALL SALES ARE FINAL. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY GOODS OFFERED IN THIS SALE. THE ITEMS ARE AVAILABLE TO THE PUBLIC FOR INSPECTION PRIOR TO THE START OF THE AUCTION CLOSING. RUSTIC ROAD SALES AUCTION LLC (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) MAY ATTEMPT TO DESCRIBE THE MERCHANDISE IN ADVERTISING, ON THE INTERNET BUT MAKES NO REPRESENTATIONS. IN NO EVENT SHALL RUSTIC ROAD SALES AUCTION LLC (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) BE HELD RESPONSIBLE FOR HAVING MADE OR IMPLIED AND WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RUSTIC ROAD SALES AUCTION LLC (OFFICERS, MEMBERS, AGENTS & EMPLOYEES) WILL NEITHER BE HELD RESPONSIBLE FOR ACCIDENTS, NOR ERRORS, DELETIONS OR OMISSIONS. NO CREDIT OR ADJUSTMENTS WILL BE ALLOWED IN ANY FORM OR AMOUNT. THE BUYER RELIES EXCLUSIVELY ON HIS/HER PRE-AUCTION INSPECTION AND EACH LOT IS SOLD WITH ALL FAULT AND DEFECTS THEREIN. THE BUYER SHALL TAKE FULL RESPONSIBILITY AND ASSUME ALL RISK OF SAID EQUIPMENT AND OR ITEMS FROM THE TIME THE AUCTION COMPANY ACCEPTS THE FINAL BID FROM THE BUYER. PLEASE INSPECT BEFORE YOU BID AND BUY.
ALL ITEMS MUST BE PAID FOR WITH IN 5 DAYS OF AUCTION END, WITH NO EXCEPTIONS.
5.5 % SALES TAX, WHERE APPLICABLE.
11% BUYER'S FEE - 4% CARD FEE.
AFTER BUYER PLACES A BID, IT CANNOT BE RETRACTED. AFTER A BID IS MADE, SAID BID IN THE SOLE DISCRETION OF RUSTIC ROAD SALES AUCTION LLC MAY BE ACCEPTED AND CREATE A LEGALLY BINDING CONTRACT. BUYER SPECIFICALLY ACKNOWLEDGES RUSTIC ROAD SALES AUCTION LLC'S POLICY ON BID RETRACTION SUPERSEDES ANY CONTRARY PROVISIONS OF WIS. STAT. §402.328 SALE BY AUCTION OR OTHER APPLICABLE LAW.
ANY INDIVIDUAL TO HAVE WON AN ITEM AND FAILURE TO PAY FOR ITEMS ON THIS AUCTION WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. BIDDING WITHOUT PAYING FOR AUCTION WINNINGS IS SHILL BIDDING AND IS A FORM OF WIRE FRAUD IN THE U.S. PUNISHABLE BY LAW UP TO 24 YEARS IN PRISON.
FOOD IN AUCTION MAY BE WITHIN EXPIRATION DATE OR EVEN PAST EXPIRATION DATE. IT IS SOLELY THE BIDDERS RESPONSIBILITY TO CHECK EXPIRATION DATES AND CONDITION OF FOOD ITEMS. ITEMS MAY COME WITH DAMAGED PACKAGING.
AUCTION WAREHOUSE LOCATION AND OTHER OFF SITE AUCTION LOCATIONS. BY ENTERING INTO THE RUSTIC ROAD SALES AUCTION LLC WAREHOUSE, YOU AGREE THAT A WAREHOUSE IS NOT A RETAIL STORE, AND THE LOCATION IS EVER CHANGING. THERE CAN BE BOXES, OBSTRUCTIONS, DUST, WATER, OILS, OR SLIPPERY SPOTS ON THE FLOOR THAT MAY PROVE DANGEROUS CONDITIONS FOR CUSTOMERS AT TIMES. THOSE WHO ENTER RUSTIC ROAD SALES AUCTION LLC OR OFF SITE LOCATIONS AGREE TO THE TERMS OF BEING ON PROPERTY AND PURCHASE OF ITEMS IN THE AUCTION AS FOLLOWS:
BUYER WILL INDEMNIFY AND HOLD RUSTIC ROAD SALES AUCTION LLC (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, MEMBERS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR IMPROPER USE OF RUSTIC ROAD SALES AUCTION LLC SERVICES OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
YOU AGREE THAT THE LAWS OF THE STATE OF WISCONSIN WILL GOVERN THE TERMS AND CONDITIONS BETWEEN YOU AND RUSTIC ROAD SALES AUCTION LLC, EXCEPT AS OTHERWISE STATED IN THE TERMS AND CONDITIONS.
YOU AGREE THAT ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND RUSTIC ROAD SALES AUCTION LLC MUST BE RESOLVED EXCLUSIVELY BY ST. CROIX COUNTY CIRCUIT COURT IN THE STATE OF WISCONSIN. DISPUTES CONCERNING FEDERAL LAW WILL BE RESOLVED IN THE WESTERN DISTRICT OF WISCONSIN. YOU AND RUSTIC ROAD SALES AUCTION LLC AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN ST. CROIX COUNTY WISCONSIN FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES.
IF ANY PROVISION OF THESE TERMS AND CONDITIONS ARE HELD TO BE INVALID, VOID OR FOR ANY REASON UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK OUT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
IF BUYER FAILS TO PAY IN FULL, BUYER (A) AUTHORIZES OWNER AND/OR AUCTION COMPANY TO RESELL SUCH PROPERTY AT ANY TIME AT PUBLIC OR PRIVATE SALE, (B) AGREES TO INDEMNIFY OWNER AND/OR AUCTION COMPANY AGAINST ALL LOSS OR DAMAGE UPON SALE, TOGETHER WITH COST AND EXPENSES THEREOF, INCLUDING ATTORNEYS FEES ALLOWED BY LAW, IF ANY AND (C) AGREES TO PAY AUCTION COMPANY INTEREST OF 1.5% PER MONTH ON UNPAID BALANCE. BUYER ACCEPTS FULL RESPONSIBILITY FOR ALL PURCHASES MADE AND HOLDS THE COMPANY FREE FROM ANY LIABILITIES INCLUDING THEFT OF ITEMS. THE BIDDER IS BOUND BY THESE TERMS.
STORAGE FEES COMMENCE ON THE FIFTH (5TH) DAY AFTER AN ITEM HAS BEEN PURCHASED. STORAGE FEES ARE $10 PER WEEK, NO DISCOUNTS WILL BE APPLIED. ITEMS ARE CONSIDERED ABANDONED IF NOT PICKED UP WITHIN FOURTEEN (14) DAYS OF THE AUCTION END DATE OR PURCHASE. IF AN ITEM IS ABANDONED, BUYER IS STILL RESPONSIBLE FOR MAXIMUM STORAGE FEES OF $100 AND ANY OTHER DAMAGES INCURRED BY RUSTIC ROAD SALES AUCTION LLC AS SET FORTH IN THESE TERMS AND CONDITIONS.
RESERVES, SOME ITEMS MAY HAVE HIDDEN RESERVES. A RESERVE IS A MINIMUM BID AMOUNT THE SELLER IS WILLING TO ACCEPT TO BE SOLD. IF THE BID DOES NOT GET UP TO THE RESERVE, THERE IS NO SALE. AUCTIONS MAY HAVE IT DISPLAYED ON BIDDING IN GREEN LETTERS “RESERVE MET” OR “RESERVE NOT MET” IN RED LETTERS. A “HIDDEN RESERVE” IS A PRACTICE THAT AUCTIONS USE AND COMMON PRACTICE ON THE HIBID.COM PLATFORM. A HIDDEN RESERVE MEANS THAT WHEN BIDDING ON AN ITEM, IT WILL NOT SHOW BIDDERS A RESERVE MET OR NOT MET. IT WILL APPEAR AS A NORMAL AUCTION ITEM WITH NO RESERVE, AND FUNCTION AS SUCH. ITEMS WILL REQUIRE TWO (2) BIDDERS TO GET UP TO THE RESERVE AMOUNT. WHERE AS A VISIBLE RESERVE WOULD ONLY REQUIRE ONE BIDDER TO GET UP TO THE RESERVE AMOUNT. IF YOU HAVE QUESTIONS ABOUT A RESERVE POSSIBLY BEING ON AN ITEM, WHAT THE RESERVE AMOUNT MAY BE OR HELP GETTING TO THE RESERVE AMOUNT, PLEASE CONTACT RUSTIC ROAD SALES AUCTION.
VEHICLES, CAMPERS, BOATS, RV, ATV, ETC. - MUST BE PAID FOR IN CASH, WIRE TRANSFER OR CASHIERS CHECK VERIFIED BY RUSTIC ROAD SALES AUCTION WITH BANK ON CHECK BEFORE TRANSACTION IS COMPLETE. NO CREDIT OR DEBIT CARDS WILL BE ALLOWED FOR VEHICLES TO BE PURCHASED. NO EXCEPTIONS.
ALL ITEMS MUST BE PAID FOR BY 6:00PM OF THE FIRST MONDAY FOLLOWING THE CLOSE OF THE AUCTION WITH NO EXCEPTIONS, IF YOU FAIL TO PAY FOR ITEMS, RUSTIC ROAD SALES AUCTION LLC RESERVES THE RIGHT TO CONTACT LAW ENFORCEMENT REGARDING FAILURE TO PAY AND MAY PURSUE ALL CIVIL PENALTIES ALLOWED BY LAW WHICH MAY INCLUDE: FORWARDING THE MATTER TO OR OUR ATTORNEYS FOR COLLECTION, COURT COSTS, STORAGE FEES, AND ANY OTHER COSTS INCURRED BY RUSTIC ROAD SALES AUCTION LLC.