Auction Terms & Conditions Terms and Conditions of the Sale:
All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") subject to the following Terms and Conditions of Sale, which, combined with each Auction's specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale
Notice given that Blackwell Realty & Auction and Auctioneers have the right in accordance with Tennessee State law to bid on this and any other auction for their purpose or on behalf of the Property owners or the estate.
All items are being sold As-Is with no warranty; Auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer's bidding errors. It is Buyers' full responsibility to confirm the accuracy of items offered for sale. Buyers are advised to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions, and ask questions if you are unclear. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly. You may preview all of the items for auction as annotated in Auction Details of each auction. Typically there will be an auction manager who can be contacted to set up an appointment to preview items.
Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Wilson, State of Tennessee and any action brought by either party shall be brought in the Courts of the State of Tennessee. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Tennessee govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Wilson, City of Lebanon, State of Tennessee.
ALL SALES ARE FINAL; A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
Absence of Warranties; The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by Auctioneer is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer's behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer "AS IS", "WHERE IS" and "WITH ALL FAULTS". AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
Bidder's Number; The bidder's number is nontransferable. All bids, online or in-house, made using the bid number will be the responsibility of the Buyer.
FAILURE TO REMOVE PURCHASE; The following circumstances shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer's obligations hereunder. If the item(s) are not picked up by the buyer on scheduled pickup day the items will be deemed abandoned and become the sole property of Blackwell Realty & Auction 1. Items are not retrieved from the specified pick up location and have an Unpaid Invoice. 2. Paid Item(s), requested to be shipped but shipping goes unpaid for more than 10 days after the auction.
Buyer's Premium. Buyer's premium is 15%
Payment: By agreeing to our terms and conditions you agree to allow us to charge the credit card on file if you are the winner upon close of the auction unless invoice is over $2500. Invoices over $2500 shall be paid with a wire transfer or cash within 48 hours of the close of the auction. We accept all major credit cards for invoices under $2500.
NONPAYMENT; Any declined credit card payment will have two (2) business days to contact the office and pay with a valid credit card, cash, or check. If payment has not be successfully received with two (2) business days Buyer will be liable for any damages from non performance on auction company and seller.
Personal Information; It is vital that your personal information (name, address, phone number, and email) are correct. We ship and contact using that information and if it not correct, delays will occur. Blackwell Realty & Auction is not responsible for correcting your information and is not responsible for any delays or incorrect delivery of items due to incorrect personal information.
Shipping: Buyer to pay all shipping charges. Shipping will be added to the total cost of the item(s) (hammer price + buyer's premium + sales tax (if applicable). Our third-party shipper (Shipping Saint) will send you a text/email asking if you need your item shipped. Please respond to that email and allow 7-10 days for shipping invoice to be sent to you. Once the invoice is paid you will be supplied with a tracking number.
Non-Payment of Shipping; Blackwell Realty & Auction will not refund the purchase for any reason. If the shipping invoice is not paid within 48 hours the item will be considered abandoned and become property of Blackwell Realty & Auction .
INTERNATIONAL BUYERS; You are responsible for any and all customs fees in addition to USPS International First Class or USPS International Priority shipping. Depending on the item, UPS/FedEx International may be used to ship your winning item(s)
FIREARMS; IT IS THE BUYER'S RESPONSIBILITY TO KNOW, UNDERSTAND, AND COMPLY WITH THEIR STATE FIREARMS LAWS. All firearms purchased at auction by a non-Tennessee resident must have that firearm(s) shipped to an FFL holder in their state. It is the buyer's responsibility to pay for all shipping, background check, and transfer fees. Please contact the Auction Division and provide the contact information for your preferred FFL.
Shipping process and time: Shipping Saint is an independent 3rd party shipper that will send all winning bidders an request to respond if shipping is needed. Once the winning bidder responds that shipping is needed, Shipping Saint will prepare your items and send an invoice. At that time winning bidder will have the ability to confirm or change shipping address as well as pay for shipping.
Shipping Charges: Shipping Saint will require ALL shipments to be insured and will charge $5 per item with a max of $25 per invoice AND actual shipping cost. Shipping Saint can not and will not allow winners to provide their own labels and can not use MEDIA MAIL.
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