Lot # : 5 - Fish Tank Filters/LED Lights and Tanks

# EASTERN IOWA AUCTION HOUSE — TERMS AND CONDITIONS OF SALE **103 35th St, Marion, IA 52302 | (319) 382-6067 | easterniowaauctionhouse.com** **Last updated: 29 AUG 2026** ## 1. ACCEPTANCE OF TERMS By registering to bid, placing a bid, or otherwise participating in any auction conducted by Eastern Iowa Auction House ("EIAH," "we," "us"), you ("Bidder," "Buyer," "you") acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions in their entirety. Placing a bid constitutes a legally binding offer to purchase. If you are the winning bidder, a binding contract of sale is formed at the close of bidding on that lot. **Bids cannot be retracted, cancelled, or reduced once placed.** These Terms are entered into electronically. You agree that your electronic registration, acceptance, and bidding activity constitute a valid electronic signature under the federal E-SIGN Act and the Iowa Uniform Electronic Transactions Act, and have the same legal force as a handwritten signature. If any auction-specific listing terms conflict with this document, the auction-specific terms control for that auction only. --- ## 2. REGISTRATION AND BIDDER ACCOUNTS - You must be at least 18 years of age and legally capable of entering into binding contracts. - All registration information must be complete, accurate, and current, including legal name, physical address, telephone number, and email address. - You are solely responsible for maintaining the security of your account credentials. **You are responsible for all bids placed through your account, whether or not you personally placed them**, including bids placed by family members, employees, or any other person with access to your device or account. - EIAH reserves the sole and absolute right to refuse, reject, suspend, or terminate any registration or bid, at any time, for any reason or no reason, without explanation or liability. - Providing false registration information is grounds for immediate cancellation of all purchases, forfeiture of any payments made, and permanent suspension. --- ## 3. AUCTION FORMAT AND CONDUCT - All auctions are conducted online through the HiBid platform. There is no in-person or live outcry bidding unless expressly stated in the auction listing. - **All lots are offered WITH RESERVE** unless a specific lot is expressly advertised as "absolute" or "without reserve." EIAH reserves the right to withdraw any lot from sale at any time prior to the close of bidding, for any reason, without liability. - Auctions use extended or "soft close" bidding. A bid placed near the scheduled closing time may extend the closing time for that lot. Bidders are responsible for understanding this feature. Closing times are approximate and are not guaranteed. - EIAH, its owners, employees, and consignors may bid on lots. Any such bidding is disclosed here in accordance with Iowa Code § 554.2328. - In the event of a system error, tie bid, duplicate bid, or other bidding irregularity, EIAH reserves the sole discretion to determine the winning bidder, reopen bidding on the affected lot, or void the sale of the affected lot. - Lot counts, quantities, weights, measurements, and unit counts stated in a listing are estimates only. --- ## 4. CONDITION OF ITEMS — AS IS, WHERE IS **ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT RECOURSE.** **EIAH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.** You specifically acknowledge and agree that: - Items are **not tested, inspected, verified, or evaluated** unless specifically noted in the individual lot listing. - No representation is made regarding condition, completeness, authenticity, age, origin, functionality, safety, operability, quantity, weight, measurement, model year, expiration date, recall status, or suitability for any purpose. - **Many items offered by EIAH are customer returns, shelf pulls, surplus, salvage, liquidation merchandise, or used goods that may be damaged, defective, incomplete, missing parts or hardware, missing manuals, opened, previously used, expired, or entirely non-functioning.** This is the expected condition of much of our inventory, not an exception to it. - Retail values, MSRP figures, manifest values, or "compare at" prices referenced in any listing are estimates drawn from third-party sources for informational purposes only. They are not appraisals, are not guaranteed, and do not represent any promise of value. - Photographs and descriptions are provided as a courtesy and convenience only. They are believed accurate but are **not guaranteed**, are not warranties, and do not create any express warranty. Photographs may not depict every flaw, every included component, or every unit in a lot. - **It is entirely the Bidder's responsibility to review all photographs and descriptions and to ask any questions before bidding.** Questions may be directed to EIAH prior to the close of bidding. Failure to ask questions is not grounds for any claim. - There are no in-person previews or inspections and no office hours unless specifically stated in the auction listing. If a lot description contains an error, omission, or misstatement, EIAH's sole and exclusive obligation, and your sole and exclusive remedy, is limited at EIAH's discretion to cancellation of that sale and refund of the amount actually paid for that lot. --- ## 5. ALL SALES ARE FINAL There are: - **NO REFUNDS** - **NO RETURNS** - **NO EXCHANGES** - **NO CREDITS** - **NO CANCELLATIONS** - **NO ADJUSTMENTS AFTER PICKUP** No exceptions will be made on the basis of condition, missing parts, missing accessories, functionality, damage, incorrect assumptions, buyer's remorse, changed circumstances, inability to resell, or failure to review the listing prior to bidding. **Removal of a lot from the pickup location constitutes your final and irrevocable acceptance of that lot in its then-existing condition and waives any and all claims regarding that lot.** ### 5.1 Limited Claim Window The sole exception to the above is a claim that a lot delivered to you is a **materially and demonstrably different item than the one described** (for example, an entirely different product than the one listed). Such claims must be: 1. Raised **in person, at the pickup location, before the lot is removed from the premises**; and 2. Supported by the lot number, invoice, and the item itself, presented to EIAH staff at that time. Claims raised after removal from the premises, or submitted by email, text, phone, or message after pickup, will not be considered under any circumstances. Condition issues, missing parts, and non-functionality are **not** eligible claims and are expressly excluded from this paragraph. --- ## 6. PAYMENT - Payment is due **immediately upon the conclusion of the auction** unless otherwise stated in the auction listing. - A **15% Buyer's Premium** is added to the hammer price of every lot. - Applicable Iowa state and local option sales tax will be collected on the total of the hammer price and buyer's premium. Tax will be waived only if a valid, completed Iowa Sales Tax Exemption Certificate is on file with EIAH **before** payment is processed. - Accepted payment methods: [LIST ACCEPTED METHODS — e.g., credit/debit card through HiBid, cash at pickup]. [SPECIFY IF CASH IS ACCEPTED AT PICKUP.] ### 6.1 Authorization to Charge Card on File **By registering and bidding, you authorize Eastern Iowa Auction House to charge the credit or debit card you have on file for the full amount of all lots won, including the hammer price, the 15% buyer's premium, all applicable sales tax, and any fees, storage charges, or costs assessed under these Terms.** You represent that you are the authorized holder of any card used, that the card is valid, and that sufficient funds or credit are available. You agree to keep valid payment information on file until your invoice is paid in full and your items have been removed. ### 6.2 Failed and Late Payment If payment is declined, reversed, returned, or otherwise not completed: - A **$[AMOUNT] declined-payment fee** will be assessed per occurrence. - Interest of **1.5% per month (18% annually)**, or the maximum rate permitted by Iowa law if lower, will accrue on unpaid balances beginning [X] days after the close of the auction. - Returned checks are subject to a **$30 fee** and any additional amounts permitted under Iowa Code § 554.3512. - EIAH may, at its sole discretion: cancel the sale and retain any partial payment as liquidated damages; resell the lots at a subsequent auction; suspend or permanently ban your bidding privileges; report the non-payment to HiBid and any other auction platform; refer the account to a collection agency; and pursue any other remedy available at law or equity. - If lots are resold due to your non-payment and bring a lower total, you remain liable for the deficiency plus all costs of resale. - You agree to pay all costs of collection, including collection agency fees, court costs, and **reasonable attorney fees**, as permitted under Iowa Code § 625.22 and other applicable law. ### 6.3 Chargebacks and Payment Disputes You agree that you will contact EIAH directly at (319) 382-6067 and attempt to resolve any billing concern **before** initiating any chargeback, dispute, or payment reversal with your card issuer or bank. You acknowledge and agree that: - These Terms, your electronic acceptance of them, your bidding record, your invoice, and any signed pickup receipt constitute your agreement to the sale and will be submitted as evidence in response to any dispute. - Condition, functionality, missing parts, and buyer's remorse are **not** valid grounds for a dispute, as all items are sold AS IS with full disclosure of expected condition. - If a chargeback is initiated and resolved in EIAH's favor, or is withdrawn, you agree to reimburse EIAH for all associated fees and costs, including attorney fees, and your bidding privileges will be permanently terminated. - A chargeback initiated on items you have already picked up may, at EIAH's discretion, be treated as theft by deception and reported to the appropriate authorities. --- ## 7. PICKUP AND REMOVAL **IF YOU CANNOT PICK UP YOUR ITEMS DURING THE SCHEDULED PICKUP DATES AND TIMES, DO NOT REGISTER OR BID.** - Pickup dates, times, and location are published in every auction listing. **Pickup times are firm.** Alternate appointments are not available unless expressly offered in writing by EIAH. - Failure to attend pickup for any reason — including illness, weather, travel, work schedule, vehicle trouble, forgetting, or not reading the listing — does not entitle you to a refund, credit, rescheduling, or extension. - **EIAH does not ship, deliver, or arrange freight.** All sales are in-person pickup only. - Photo identification matching the registered bidder name is required at pickup. A third party may pick up on your behalf only with your prior written authorization sent to EIAH in advance. - **Loading is your sole responsibility.** You must bring your own vehicle, trailer, straps, tools, packing materials, boxes, dollies, and any labor or assistance you require. EIAH staff are not required to lift, load, disassemble, or transport items, and any assistance provided is a courtesy rendered at your own risk. - You are responsible for removing your **entire** purchase, including any packaging, pallets, debris, or unwanted portions of a lot. Leaving items behind does not reduce your invoice and may result in disposal fees. - Lots must be paid in full before removal. --- ## 8. UNCLAIMED AND ABANDONED PROPERTY Items not removed by the close of the published pickup period are deemed **abandoned**, and you forfeit all right, title, and interest in them. This is a knowing and voluntary forfeiture that you agree to as a condition of bidding. Upon abandonment, EIAH may, at its sole discretion and without further notice to you: - Resell the items in a future auction and retain all proceeds; - Donate or dispose of the items; - Assess a storage fee of **$[AMOUNT] per lot per day** and/or a disposal fee of **$[AMOUNT] per lot**, chargeable to the card on file. **No refunds or credits will be issued for abandoned items.** Your payment obligation is not reduced or excused by abandonment. Repeated abandonment is grounds for permanent suspension of bidding privileges. --- ## 9. TITLE AND RISK OF LOSS Title and risk of loss pass to the Buyer **immediately upon the close of bidding** on each lot. From that moment forward, the item is yours and is held at your risk. EIAH is not responsible for loss, theft, fire, water damage, vandalism, deterioration, or damage of any kind occurring after the close of bidding, whether the item is still on our premises or not. **You are strongly encouraged to obtain your own insurance if the value of your purchase warrants it.** --- ## 10. ASSUMPTION OF RISK, LIABILITY, AND INDEMNIFICATION ### 10.1 Assumption of Risk The pickup location is an active warehouse and loading environment containing heavy merchandise, pallets, racking, equipment, uneven surfaces, and vehicle traffic. **Persons attending pickup do so entirely at their own risk.** You knowingly and voluntarily assume all risk of personal injury, death, and property damage arising from your presence at the premises and from the handling, loading, and transportation of purchased items. ### 10.2 Release and Waiver To the fullest extent permitted by Iowa law, you release, waive, and discharge Eastern Iowa Auction House, its owners, members, officers, employees, agents, contractors, volunteers, consignors, and property owners (collectively, "Released Parties") from any and all claims, demands, actions, causes of action, damages, costs, and expenses arising out of or relating to your participation in any auction, your presence at any EIAH location, or your purchase, handling, use, resale, or transportation of any item purchased. This release applies to claims arising from the ordinary negligence of the Released Parties. It does **not** apply to claims arising from gross negligence, recklessness, or willful or wanton misconduct, which cannot be waived under Iowa law. ### 10.3 Minors and Guests You are solely responsible for any minor children, guests, helpers, or pets you bring to the premises, and you assume all risk on their behalf. Minors must be supervised at all times. ### 10.4 Indemnification You agree to indemnify, defend, and hold harmless the Released Parties from and against any claim, loss, liability, damage, judgment, fine, or expense (including reasonable attorney fees) arising out of or relating to: your breach of these Terms; your use, resale, misuse, modification, repair, or disposal of any item purchased; any injury or damage caused by you or your guests at the premises; and any claim brought by a third party in connection with an item you purchased from EIAH. ### 10.5 Limitation of Liability **TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EASTERN IOWA AUCTION HOUSE AND THE RELEASED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO ANY AUCTION, LOT, OR TRANSACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EIAH FOR THE SPECIFIC LOT GIVING RISE TO THE CLAIM.** **IN NO EVENT SHALL EIAH OR THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, LOST RESALE VALUE, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.** --- ## 11. PRODUCT SAFETY AND RESTRICTED ITEMS - Items may be subject to manufacturer recalls, may not meet current safety standards, may be expired, or may lack required safety components. **EIAH does not check recall status.** It is your responsibility to verify the safety and recall status of anything you purchase before using or reselling it. - Consumable, cosmetic, personal care, pet food, food, supplement, and similar items may be expired, opened, contaminated, or otherwise unfit for use. **Do not consume, apply, or feed any such item purchased at auction.** These lots are sold for resale-restricted, salvage, or disposal purposes only. - Electrical items, batteries, and lithium-ion products may be damaged and present a fire or shock hazard. Inspect and handle at your own risk. - Any item sold subject to legal restriction (including age-restricted, titled, licensed, or regulated goods) is sold only in compliance with applicable law, and you represent that you are legally eligible to purchase and possess it. - **You are solely responsible for compliance with all laws applicable to your resale of any item**, including labeling, safety, licensing, tax, and platform requirements. Many liquidation items may not lawfully be resold as new. --- ## 12. TECHNOLOGY AND PLATFORM DISCLAIMER EIAH is not responsible for and disclaims all liability arising from: internet outages; HiBid platform errors, downtime, latency, or malfunction; failed, lost, delayed, or unregistered bids; email or notification failures; device or browser issues; incorrect uploads; or any other technical failure, whether within or outside our control. **Bidders bid at their own risk.** EIAH is under no obligation to reopen bidding, extend an auction, or honor a bid that failed to register, though it reserves the right to do so at its sole discretion. --- ## 13. COMMUNICATIONS By registering, you consent to receive transactional and marketing communications from EIAH by email, telephone, and SMS text message at the contact information you provide, including messages sent by automated means. Message and data rates may apply. You may opt out of marketing messages at any time; you may not opt out of transactional messages regarding invoices, pickup, and payment while you have an open balance or unclaimed items. --- ## 14. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION - These Terms are governed by the laws of the State of Iowa, without regard to conflict of law principles. - **Any dispute, claim, or action arising out of or relating to these Terms or any auction shall be brought exclusively in the state courts located in Linn County, Iowa**, and you irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum. - **YOU AND EIAH EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY** in any action arising out of or relating to these Terms. - **YOU AND EIAH AGREE THAT ANY CLAIM MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.** - Any claim must be brought within **one (1) year** after the date the claim arose, or it is permanently barred. - The prevailing party in any action to enforce these Terms is entitled to recover its reasonable attorney fees and costs. --- ## 15. GENERAL PROVISIONS - **Severability.** If any provision of these Terms is held invalid, unenforceable, or overbroad, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions remain in full force and effect. - **No Waiver.** EIAH's failure to enforce any provision on any occasion is not a waiver of that provision or of any other provision. - **Entire Agreement.** These Terms, together with any auction-specific listing terms and your invoice, constitute the entire agreement between the parties and supersede all prior or contemporaneous representations, statements, or understandings, whether oral or written. **No employee, agent, or representative of EIAH has authority to modify these Terms verbally.** No verbal statement, text message, or informal communication modifies, waives, or supersedes any provision of this document. - **Modification.** EIAH may modify these Terms at any time. The version posted at the time you place a bid governs that transaction. - **Assignment.** You may not assign your rights or obligations under these Terms. EIAH may assign freely. - **Headings.** Section headings are for convenience only and do not affect interpretation. - **Survival.** Sections 4, 5, 6, 9, 10, 11, 14, and 15 survive completion, cancellation, or termination of any transaction. --- ## 16. ACKNOWLEDGMENT — BY REGISTERING AND BIDDING, YOU AGREE THAT: - You have read, understand, and accept all Terms and Conditions above. - You are at least 18 years old and are legally able to enter into a binding contract. - You understand all items are sold **AS IS, WHERE IS, WITH ALL FAULTS**, with **NO WARRANTIES OF ANY KIND**. - You understand that many items are **customer returns, salvage, or liquidation goods that may be damaged, incomplete, expired, or non-functioning**. - You understand that **ALL SALES ARE FINAL** and that **NO REFUNDS, RETURNS, EXCHANGES, CREDITS, OR EXCEPTIONS** will be granted. - You authorize EIAH to **charge your card on file** for all amounts owed, including fees. - You agree to pay for all lots won immediately upon the close of the auction. - You agree to pick up your purchases during the published pickup times, and you understand that **failure to do so results in forfeiture without refund**. - You accept full responsibility for your own safety and property while at the pickup location. - You understand that bidding is a **legally binding commitment to purchase**. --- **Questions? Contact Eastern Iowa Auction House at (319) 382-6067 before the close of the auction. We appreciate your business and look forward to serving you.**