TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid, you agree to be bound by all these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they attended the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!
1. Bidder and his or her agents and employees are responsible for any damage they may cause or liability that may attach from any of their actions on or around the auction site and premises when attending the exhibition, sale, or removal of merchandise. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and indemnify Butler County Auction, LLC LLC from any liability and causes of action.
2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value, or any other determinative factor. Butler County Auction, LLC may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Butler County Auction, LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Butler County Auction, LLC does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.
3. Butler County Auction, LLC will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Butler County Auction, LLC. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was delivered or shipped to them. If Butler County Auction, LLC agrees that the item was materially, and intentionally misrepresented Butler County Auction, LLC will refund the Bidder's purchase price to him/her. Some items may be sold "times the money". If the count on a "times the money" item is found to be incorrect, Butler County Auction, LLC will adjust Bidder's final hammer price based on the accurate count. No adjustment will be made on bulk or "one money" lots. Bidder agrees that under no circumstances whatsoever will Butler County Auction, LLC ever be liable to Bidder for an amount greater than the purchase price of the item they purchased.
4. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. Butler County Auction, LLC reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's bids at any time. Cards on file will be processed immediatly after the auction closes. Bidder herby grants Butler County Auction, LLC the authority to charge his or her credit card on file the full amount due for Bidder's purchases or partial amounts at any time until Bidder's invoice is paid in full.
5. All titled vehicles are sold AS-IS. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. All Titled vehicles must be paid for by wire transfer or certified funds. No credit cards will be charged.
6. If firearms are sold, all Federal and KS laws and regulations will be followed. Some firearms may not be legal in Bidder's jurisdiction. It is the bidder's sole obligation to determine if a firearm they purchase is legal where they live. There is a restocking fee of 25% of the total purchase price if any firearm(s) has to be returned due to a buyer's local law. If a buyer is unable to take legal delivery of any firearm(s) he or she will return the firearm(s) to Butler County Auction, LLC and hereby engages Butler County Auction, LLC to resell the firearm(s)at absolute auction with a commission of 30%. Magazines that are not legal where a buyer lives are not included in the sale. No credit will be given for the magazine. Bid accordingly and let your legislators know how you feel.
7. Butler County Auction, LLC is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly at any time, including the auction closing time. Under no circumstances shall Bidder have any kind of claim against Butler County Auction, LLC or anyone else if the internet service fails to work correctly before or during the auction closing time. Butler County Auction, LLC will not be responsible for any missed or failed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. Butler County Auction, LLC reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Butler County Auction, LLC reserves the right to extend the closing times, change the extension time, stop, restart, or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final and even if a bidder receives an invoice, Butler County Auction, LLC reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.
8. A 15% Buyer's Premium is applied. The bids are advanced at pre-set increments available on the bidding web page which may be changed at any time in Butler County Auction, LLC 's sole discretion. Butler County Auction, LLC may accept items with secret reserves prices.. Butler County Auction, LLC may reject or cancel any bid for any reason. The record of the auction made by Butler County Auction, LLC shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including Butler County Auction, LLC owners, family members and employees.
9. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time announced. Bidders should arrange to pick up their purchases within this time. Butler County Auction, LLC or a professional shipping company may ship merchandise not picked up. Bidder hereby grants any shipper of Butler County Auction, LLC 's choosing the right to charge their credit card the entire amount of packing, shipping, and handling costs. If Bidder does not pay for shipping, Bidder shall have no claim against Butler County Auction, LLC and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Our priority is to deliver your new purchase in excellent condition. ***Bidder agrees that any merchandise not removed by bidder before the schduled pick up time will be forfeited with no refunds. Bidder shall have no claim to merchandise not removed by the above date.
10. If a check accepted by Butler County Auction, LLC is returned for any reason, Bidder agrees that Butler County Auction, LLC may re-present it in person or electronically and collect the full amount of the check as well as the highest service charges and fees allowed under Kansas law. Any amount left unpaid shall accrue interest at the highest rate allowed under Kansas state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to not stop payment on any check paid to Butler County Auction, LLC. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title and ownership of the merchandise transfers to Bidder only when Bidder's payment is honored.
11. Butler County Auction, LLC may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that Butler County Auction, LLC may share information about Bidder's non-payment of auctioneer invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification Butler County Auction, LLC may request including but not limited to, driver's license, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with items.
12. Bidder agrees that this agreement shall be governed by the laws of the state of Kansas and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Butler County, Kansas. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Kansas. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. In the event of any litigation arising out of this Contract, the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.
13. By registering for this auction you agree to be added to Butler County Auction, LLC 's email list. Each email we send has an easy unsubscribe link at the bottom of the email. Please do not report our emails as spam. Photo, video, and audio recording is being made at all auction exhibitions and removal events. Bidder hereby agrees that Butler County Auction, LLC may use Bidder's likeness, recorded at these events, for any purpose.
We hope you enjoy our auction.