Wilkinson Auction & Realty Co., LLC Auction Terms & Conditions
By registering to bid and bidding at this Auction, You (“Bidder”) agree and irrevocably consent to the following terms and conditions. A bid is a legally binding contract between You and Wilkinson Auction & Realty Co., LLC (“Company”). Please read these terms carefully. If you do not understand or agree with these terms, DO NOT BID. If you have questions, please call Company.
Payment
There will be a 10% Buyer’s Premium on all purchases at this Auction. 5.5 % Wisconsin sales tax applies on all purchases unless you provide a signed and valid Wisconsin sales tax exemption form.
Bidder must make full settlement of bid-upon items no later than three (3) days after the Auction ends. Bidder may pay for purchased items through cash, check, or credit card in person during prescribed pick-up times. If Bidder does not contact Company within 24 hours after the Auction ends, Company will charge Bidder’s credit card on file. Additionally, Bidder may pay through ACH or wire transfer after contacting Company.
Bidder may pay through a debit or credit card, but all debit or credit card transactions include an added 4% convenience fee and will be limited to a maximum of $7,500.
If purchases are not paid, in full, within three (3) days of the Auction end, Bidder shall be in default of these terms and conditions. Company will “black-list” Bidder and not allow him/her to participate in any further Company auctions. Company will also report Bidder to HiBid as a non-paying bidder.
Item Pick-Up
Upon payment, each item becomes personal property of Bidder. Company will not ship or haul any items for Bidder unless specifically agreed to by Company in writing. Bidder must pick-up item on the prescribed dates and times. Any items paid for by Bidder, but not picked-up after fifteen (15) days after the Auction end are considered forfeited and become the property of Company. No refunds will be given to Bidder for forfeited items.
Auction Format
This Auction will be in the “Timed Auction” format through HiBid.com and you may place bids solely through the HiBid.com platform. Lots close at a rate of one every 20 seconds. This is a “soft close” auction, meaning that a bid placed within the last minute prior to closing extends the bidding an additional minute.
Company has the absolute right to select one bid over others at any given time. Company reserves the right to reject any and all bids for any reason. Company is not responsible for any “missed” bids from any format. If a dispute arises between two or more bidders, Company has the discretion to decide whether to re-open bidding; in no event is Company required to re-open bidding. Company has discretion to pause, delay, or restart bidding. Company has discretion to withdraw or re-catalog items prior to closing of the particular item. Company reserves the right to reschedule or cancel the Auction at any time and for any reason.
Bidder acknowledges that online bidding may be disrupted by Internet service problems, website failures, and other technical difficulties. Bidder is not excused from any obligation under these terms due to any disruption of any kind in online bidding. Bidder may not bring any type of a claim against Company arising from a disruption in online bidding. Bidder agrees to keep his/her bidding password confidential and to take steps to protect their online bidding account as Bidder is responsible for ANY AND ALL activity involving their account.
All announcements made day of Auction take precedence over any or all printed or online information on any particular item or over the format / timing of the Auction itself.
Inspections
Company STRONGLY encourages Bidder to inspect all items prior to bidding. The items to be sold through this Auction are available for inspection for weeks prior to the Auction date. Bidder is responsible for determining the condition, age, authenticity, value, and all other attributes of each item offered at Auction. Bidder is sole judge of value for each item. If Bidder is not sure about any feature of any item, Bidder should not bid.
Company makes NO warranties or guarantees, express or implied. All items are sold “AS IS” and “WITH ALL FAULTS.” There is NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Company’s descriptions of item, if any, are matters of opinion and commendation of each item. Company will not change or amend the accepted bid price for any errors or omissions in cataloging, or for failing to note any defects or imperfections in item descriptions. MAKE YOUR OWN INSPECTIONS! TAKE THE TIME TO CALL, RESEARCH, AND INSPECT PRIOR TO BIDDING!
Disputes
All disputes between Bidder and Company related to or arising from this Auction or these terms and conditions shall be settled through binding arbitration. The arbitration shall be venued in Richland Center, Wisconsin. Bidder and Company shall agree on an arbitrator who is licensed to practice law in Wisconsin and whose primary law office is in Richland, Grant, Sauk, or Iowa Counties. Company and Bidder shall equally split the costs of arbitration, but each side shall pay its own attorney fees.
Bidder’s sole remedy under these terms and conditions shall be the refund of Bidder’s purchase price upon return of the item(s) that is the subject of the dispute in the same condition as it was at the Auction. Bidder waives any claim for consequential damages, incidental damages, and attorney fees against Company.
Bidder agrees to hold Company and its agents harmless from and against any claims for injury or damages arising from Bidder’s actions or inactions before, during, or after the Auction.
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