Auction Terms & Conditions
All items are offered for local pickup as specified on our website and in the disclosed terms for each individual auction. We will offer USPS flat rate shipping on items that will fit in a flat rate postage box. We will combine as many items into the flat rate shipping boxes as we are safely able. The handling charge will be $5.00 per box in addition to the flat rate shipping fee. If your item will not fit into a USPS flat rate box and you still request shipping, please call our office for arrangements. It is our recommendation to not ship fragile items, such as pottery, glassware, etc. Auction Company will not be responsible for items that are damaged during shipping. If shipping or pick up arrangements are not made within 1 day the items will be deemed abandoned. Furthermore, in the event a winning bidder does not make contact with Auction Company after the conclusion of a sale, Auction Company reserves the right to ship items and charge the credit card on file for any shipping and handling fees.
Tarter Realty, Auction, & Appraisal (Auction Company) retains the right to govern goods and services sold to clients and to maintain the level and integrity of our business. Auction Company has the right to terminate the auction at any time; withdrawal from sale of any item; to sell at this auction items not listed; to group one of more lots into one or more selling lots or to subdivide into two lots or more selling lots. Auction Company also reserves the right to sell all of the items listed in bulk. Auction Company and or auctioneers reserve the right to sell their own items in any auction.
Payment: a) All payments will be required to be paid for with the credit card on file after auction is complete. b) Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. If you are sales tax exempt, you will need to provide to us the correct form. ST-105. http://www.valero.com/BusinessPartners/Documents/IN Sales tax Exemption ST105.pdf. c) Buyer's Premium is 15%. d) Buyer specifically waves the right to dispute or deny payment for any purchases made with a credit card. e) No items will be removed until they have been paid for. Purchaser is responsible for removal of all purchased goods. No abandonment of purchased items is allowed. All abandoned items will be sold for storage and moving fees. f) Purchases may be paid for and removed at any time during the auction as long as the auction is not disrupted by this activity.
Loading Equipment: a) Auction Company does not lend, lease, or borrow any equipment, nor deliver sold goods. Buyer is responsible for the removal of all items purchased. Please bring any packing material and boxes that you may need. Please bring assistance to move heavy items to your vehicle and any tools for dismantling. Item Removal: All items must be removed within 24 hours of the auction closing and/or within the specified date. If items are not removed by this time they will be forfeited and/or sold for storage.
No Liability: a) Auction Company assumes no liability for your purchases. The buyer assumes and does agree to indemnify and hold the Auction Company and seller harmless from any future claim that shall pertain to fitness or use of the asset being purchased. b) Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability therefore. Neither the Auction Company nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held.
Consignors & Bidders: a) All consignors must fill out a contract with Auction Company, sign forms, and abide by our terms listed. b) All bidders must register for bidder's numbers using proper ID or proper information. c) No consignor, seller, or agent for seller has the right to bid on their consigned goods. d) Any employee of Auction Company may bid at any auction if they wish to purchase an item. e) All items become the sole responsibility of the purchaser when the auctioneer confirms your bid as the successful winner. We are not responsible for lost or stolen items. f) If there is any dispute between two or more bidders, the auction company or its’ auctioneer may decide the successful bidder. The decision of the auction company, or its’ auctioneer, shall be final and absolute. Loss of Bidding Privileges: a) If you have failed to pay for an item, or failed to timely pick-up items, your bidding privileges will be revoked. Your privileges may be restored by paying for the item or repaying for the loss of the revenue due to the items not having been sold and by placing a credit card on permanent file whereby future purchases will automatically be charged. Delinquent Accounts: a) The bidder that has not paid for or has not removed their items from the auction site, will be subject to the cost of storage, trucking, re-sale, deficiency balances, collection fees, and any legal fees for recouping a loss due to the bidder's negligence. Reserves: a) Any and all items that Auction Company agrees to sell are subject to a reserve as per Indiana State Auction Law. Documents: a) All documents must be completed in full by buyers and sellers. For Example: Death Certificates, Letters of Authority, Creditor Liens, and UCC's when purchasing vehicles, firearms, etc. b) All gun buyers will be required to fill out a 4473 form and pass a background check. Out of state buyers will be required to have any and all guns shipped to an FFL (Federal Firearms License) Dealer. Compliance with the Terms of Sale: a) In default of payment of bills in full within the time announced for this auction the Auction Company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. b) Auction Company is in complete accordance with Indiana statutes and Indiana Administrative codes, Title 25, Title 812, Department of Revenue Tax Bulletin #20, and Reference IC 6-2-4. Warranties: a) Everything is sold “AS IS/WHERE IS” with no warranties, representation or guarantees expressed, implied or otherwise given. All sales are final. Conditions of Items Sold: a) All information is believed to be accurate, but Auction Company shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowance will be made, or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse. Auction Company requires any and all buyers to preview and make your own opinion of conditions. Auction Company has the right to refuse service or eject any person obstructing the auction process. The record of sale kept by the Auction Company, the audio tape of the auction and the bookkeeper records will be taken as final in the event of any dispute. Local Pick Up Terms: a) All items must be paid for and picked up in the allotted time following the auction.
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