Lot # : 14 - Tire Horse Swing

These are the Terms and Conditions of Sale for this online auction. Outlined is the relationship between you (Bidder) and Rothrock Auction LLC (Auctioneer/Auction Company). Throughout these Terms and Conditions, the terms: "auctioneer," "we," "us," and "our" will refer to the Auctioneer and/or Rothrock Auction LLC. The terms: "you" and "your" will refer to the Bidder. If you would like to bid in this online auction, you must read and agree to these Terms and Conditions and understand the terms are binding on both you and on the Auctioneer. All parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this auction. 1. REGISTRATION: To gain access to this online auction, you must register and create a username and password. You must be 18 years old or older to register. You agree all information you provide during the registration process will be true and accurate. You will be banned from participation in out auctions indefinitely should you provide any false information. BIDDER VERIFICATION: Bidding rights are provisional. If identity verification is questionable, Rothrock Auction LLC has the right to reject registration, and bidding activity will be terminated. The Seller and Rothrock Auction LLC reserve the right to exclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential; as you are responsible for any and all activity involving your account. If the registered username is offensive to Rothrock Auction LLC or in our sole opinion detrimental to bidding activity, then Rothrock Auction LLC reserves the right to terminate the bidder from bidding or may change the username with notification to the bidder. When using the website, you must obey all local, state, and federal laws. Violation will result in termination of website use privileges. 2. CREDIT CARD: In order for us to process your winning bid(s), we must have a valid VISA, MASTERCARD, or DISCOVER card with enough funds available to cover your purchases associated with your account. All payments will be made in United States Dollars. 3. UPDATE INFORMATION: 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 auction, you will notify us of the change by updating your bidder profile. If payment information changes after registering for the auction, you must contact us at rothrockauction@gmail.com prior to 5:00PM the day the auction is scheduled to end. 4. CONDUCT OF AUCTION: You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of the auction. 5. BUYER'S PREMIUM/ INTERNET FEE/ SALES TAX: The internet fee/ buyer's premium of 12% will be added to the purchase of each lot. Some lots are subject to Richland County sales tax of 7.75%. 6. WINNING BIDS: If you place a bid in this auction and it is determined to be the winning bid, you enter a contract to pay for the item/lot/property you have won. You will be contacted by email informing you of the item(s) you have won. This email notification will be the only contact you receive from us about your winning bids; this means you are responsible for checking your email following the close of the auction to determine the items you have won. If you do not receive an email identifying you as a winning bidder, it is because we have no record of you having placed a winning bid. PLEASE NOTE: If you do not receive your email, please check your junk or promotions mailbox. You agree the auctioneer will be the sole authority regarding the identification of winning bids. The auctioneer will be the final judge of disputes. 7. PAYMENT: At the conclusion of this auction, your credit card account will be charged in the amount of your winning purchases. For this reason, it is imperative you provide us with a credit card that has enough credit available to pay for all your purchases at the moment the auction closes. We accept Visa, MasterCard, and Discover cards. If you wish to pay by wire transfer, cashier's check, cash, or check at the time of pickup, you must notify us by 4:00PM CST the day the auction is scheduled to end. There is a $40 convenience fee if you are paying by wire transfer. All checks must begin at #500 or greater. Payment must be made at pickup PRIOR to loading items. Your credit card will be charged for your invoiced amount if payment has not been made by the end of the scheduled pickup times. EACH transaction necessary to collect insufficient funds will have a $30 fee imposed. Your online bidding privileges will be suspended if the auctioneer is twice unable to charge your credit card for the full amount of your purchases. 8. VEHICLES: Titles and keys will be distributed once payment has cleared. If payment is made via check or credit card then title will be distributed after 5 business days unless payment is in default. 9. BIDDER RESPONSIBILITY: You are bidding based on the description of the items. Photos are provided for your personal reference. However, items are sold based on the descriptions. Information in brochures, catalogs, or other advertisement are believed to reliable; however, potential purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacture, year, mileage, features, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies. If you are not certain of the condition, completeness, or suitability of a given item, please bid accordingly. Keep in mind: these items are used and may have scratches, dents, holes, etc. There are NO guarantees with item purchases. All items are auctioned and sold "as is, where is". 10. PHOTOGRAPHS & DESCRIPTIONS: We regularly post item descriptions and photos to aid bidders in the bidding process. We make every effort to ensure the descriptions and photographs accurately represent the items being offered for auction. CAUTION: During the photographing process, objects of various equipment may be joined. DO NOT assume a lot consists of more than what the description represents simply because items are connected or pictured together. Please inspect the lot numbers and descriptions. You are bidding on items as they are described, not as they appear in any photograph. If any inconsistency appears, please report this BEFORE bidding to rothrockauction@gmail.com. It is our goal to be as accurate as possible. 11. DUE DILIGENCE: Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. 12. CONDITION OF ITEMS/PROPERTY: Every effort will be made to ensure items remain in the condition during which they were photographed. All property is being sold "as is, where is" and all sales are final. We recommend potential bidder utilize inspection days to determine condition of the property. 13. WARRANTY/CONDITION: All lots, items, and property are sold "as is, where is", with all faults and no expressed or implied warranties. No action taken by the auction company or its agents is intended to create any expressed or implied warranty as to any lot or item in this auction. It is your responsibility to determine the condition, age, genuineness, value, or other important factors. You agree everything is sold "as is, where is" and you may not return any item of purchase. Buyers assume complete responsibility for care of each purchase at the time of sale. 14. BIDDING INCREMENTS: We reserve the right to accept bids in any increment we feel is in the best interest of the Seller. We reserve the right to reject the bidding of any person whose conduct, actions, or adverse comments we feel is not in the best interest of the Seller. 15. CHARGEBACK PROHIBITED: You agree to accept all charges placed on the credit card associated with your account to cover the amount of your purchases. You agree to not charge back any amount the auctioneer charges to your credit card. 16. PICK UP OF ITEMS: You are solely responsible for the pickup and removal of any items you may win at this auction. The auctioneer DOES NOT hold items beyond the published removal times. We will not issue a refund if you fail to pick up your items. Purchaser does hereby indemnify and hold harmless auctioneer and seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Please bring your own packing materials, help and moving equipment. The removal and transportation of your items will be solely at your expense and risk. You further agree to be responsible for any damage that you or any of your agents cause during any inspection or removal period and agree 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 you cause. Your items will only be released after you or your agents provides a sales receipt generated by the auctioneer stating that your account has been paid in full. It is your duty to ensure any agent has a valid copy of your receipt if you have designated them to pick up your items. You authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. You may show your invoice on your phone or tablet. NOTE: If you are unable to print or provide your receipt, bring a valid ID, as we will have a copy of your invoice. Any item remaining onsite after pickup is considered forfeited. No refunds will be given. If you do not pick up your items during the scheduled pickup times, you are subject to a $20 convenience fee. Pick up will still go on, no matter the weather. In the unlikely event of rescheduling pickup, you will receive an email. 17. DEFAULT & DISPOSAL OF UNCLAIMED ITEMS: In the event you refuse to pay for or abandon any item you win at auction, we 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 legal, collection, transportation, and storage expenses associated with your delinquent account and/ or abandoned items. You agree that if, after being declared the winning bidder, you fail to pay for any item you have won for any reason within 3 business days, your account will be declared in default- for which you may be blacklisted with our auction company. 18. NON-DELIVERY: In the unusual event an item has been incorrectly described, misrepresented, or is unavailable for pickup during the published removal times, you must immediately notify the onsite staff of the problem and file a claim for non-delivery within 24 hours. You agree if you fail to make a claim for non-delivery within 24 hours, your claim for non-delivery will not be honored. Claims for non-delivery may be filed via email. Your claim must fully describe the nature of the problem that you have identified. You agree Rothrock Auction LLC owes you ONLY the purchase price of the items (plus buyer's premium). 19. CLAIMS CHOICE OF VENUE: Any claim or controversy out of or relating to the Terms and Conditions, or to any breach thereof, will be settled either (1) Richland County, Illinois' Small Claims Court if the claim in question amounts to less than $10,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association if the claim in question amount to more than $10,000. 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. Venue in every case will be Richland County, Illinois. You agree that judgements awarded will be applied to and collected from you personally or corporately. Should any party file an article contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree to reimburse the Auctioneer for all legal fees. 20. LIABILITY: In all cases, the Auctioneer's liability, and the liability of the seller, 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. NO LIABILITY FOR THE ACTS OF THIRD PARTIES: We are not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. NO LIABILITY FOR SITE MALFUNCTION: You understand that this auction is 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. 21. 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, judgements, 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 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 the Terms and Conditions. 22. 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 by the Auctioneer in writing. 23. 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 by other persons, places, and circumstances will remain in full force and effect. 24. GOVERNING LAW: These Terms and Conditions will be governed by and construed under the laws of the State of Illinois. 25. ENTIRE AGREEMENT: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.