Auction Terms & Conditions
Doerr Auction & Realty, Inc.
Frozen yogurt/Ice cream Restaurant Liquidation
This online-only auction features soft-serve ice cream machines, walk-in cooler, True freezer, sinks, POS systems, tables & chairs, shelving and various fixtures.
The auction begins to end on Monday, January 21st @ 7 P.M.
Items are available for viewing Sunday, January 20th, 2 P.M. - 4 P.M.
Pickup for these items will be:
9 A.M.- 6 P.M. on Monday, January 28th.
Auction Ends On:
Monday, January 21st, beginning at 7 P.M. Each lot is staggered to close 45 seconds apart. However, this is a soft-close auction; time will extend on any item that has bidding occurring within 2 minutes of the close.
1120 N. Carbon St.
Marion, IL, 62959
345 Porter Avenue
Vergennes, IL, USA, 62994
Accepted Forms of Payment:
Visa, MasterCard, Discover, American Express
Cash and Check payment with auctioneer approval only.
Invoices are emailed to all winning bidders following the close of the auction. The invoice will contain time sensitive payment & item removal information, so please read the terms carefully.
Invoices will automatically be PAID with the credit card on file when you register for the auction:
Your credit card will automatically be charged for your purchase unless you notify firstname.lastname@example.org by 10 A.M., January 22nd. (Please see the Payment by Cash Requirements Instructions below!)
The credit card you register with must be active with available credit. Upon Registration, our accounting department will verify your credit card. Bidders without a valid credit card on file will not be allowed to place bids.
Not active or denied credit card payments-
$20.00 will be added to your invoice for any inactive or denied credit cards. You will receive an email following the close of the auction with the total amount due. Please contact our office BEFORE 10 A.M. on Tuesday, January 22nd, if you need to update or change your payment method from the one you have on file when you registered. You can update or check your credit card information by clicking on "payment methods" located on the pull-down menu where your name appears when you login. PLEASE NOTE: the card that was used for registration of the auction is the one that is one file when our office starts to process payment. If you have changed the card information after registering for the auction, please contact us to make sure we have the correct card information.
Payment by Cash Requirements:
If you would like to pay your Invoice by Cash or Company Check, you must meet the following TWO requirements, or your Credit Card will be processed:
1. You must email Info@doerrauctions.com following the close of the auction. In the Subject Line of the email, please state your Bidder Number and the form of payment you'll be using. Example Subject Line: "Bidder 8000 is paying by cash." This email must be received BEFORE 10 A.M. on Tuesday, January 22nd.
2. Payment must be received at the auction site by 12 P.M. Monday, January 28th. If your payment is not received by this time, your credit card will be charged.
Checks from unknown buyers will only be accepted with a Bank Letter of Credit guaranteeing funds to Doerr Auction & Realty, Inc. This letter must be faxed from your bank to 618-684-8038, or you may present it with your check in person.
Buyer Premium Explanation:
Doerr Auction & Realty, Inc charges a 10% buyer fee for internet bidding. If you bid $100 on an item at checkout, you will be charged $110.00
Your Paid Receipt Copy:
Please report to check-in table located at the front entrance as soon as you arrive to retrieve your 'Paid Receipt.' You must have this receipt to retrieve your items.
ITEM REMOVAL TERMS & CONDITIONS
Removal shall be at the expense, liability, and risk of the purchaser. Buyer is responsible for all tools and labor required for the safe removal of their items. This includes the safe disconnection, dismantling, moving and removing of the items within the specified times. All disconnections must be made from the wall out and not damage the walls or floor.
Disconnecting Electricity- Any item purchased that requires disconnecting it from an electrical circuit is the responsibility of the purchaser(s) and shall be performed by a qualified electrician. The item will be disconnected at the nearest point of connection to the item. Wire nuts shall be placed on the disconnected wires and taped at the time of removal.
Please Note: For their safety, minors will not be allowed in the area where items are being moved, dismantled, disconnected and removed.
Removal, Loading and securing items for transport is the responsibility of the purchaser.
If a 3rd party is contracted to pick-up your items, please email the details to Info@doerrauctions.com so your items may be securely released.
Scheduled Removal Dates & Times:
Before placing any bids, please make sure you can remove your items on the scheduled date and times. PLEASE NOTE- the lease for this location is ending and removal time is limited.
Pickup for these items will be:
9 A.M.- 6 P.M. on Monday, January 28th
The items will be picked up at 1120 N. Carbon St., Marion, IL
Refunds are not given for items not retrieved within the scheduled time frame.
All property is sold AS IS, WHERE IS with all faults. All sales are final. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other features of items being sold. Doerr Auction & Realty, Inc attempts to catalog lots correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. Doerr Auction & Realty, Inc shall have no responsibility for any error or omission. The buyer should assume all items are not free from wear and tear, imperfections or the effects of aging, normal wear will not be listed. All measurements and weights are approximate. Property is open to thorough public inspection. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. We recommend prospective bidders examine all items in which they have an interest. By placing a bid, either in person, by phone, absentee or via the internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you are unable to personally inspect the property, it is your responsibility as a prospective buyer to inquire as to the condition of a specific lot before bidding. Condition information can normally be made available, upon request, within one business day. Any condition information made available is done so as a courtesy. It is only an opinion and should not be considered to be a statement of fact. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. Doerr Auction & Realty, Inc. will in no way be responsible. All sales are final!
Doerr Auction & Realty, Inc and the sellers are not liable nor responsible for any bodily injuries, death to any persons or any damages to property when removing or transporting any items.
By bidding on an item, you are entering into a binding legal contract. Bidding on any item indicates the bidder's acceptance of Doerr Auction & Realty, Inc's terms and policies. Bidders are encouraged to read and understand all the terms and conditions associated with an auction before bidding. The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer is the sole determinate as to who is the successful bidder. Once the auctioneer says "SOLD" the successful bidder immediately assumes full risk and responsibility of the purchased lot. Doerr Auction & Realty, Inc reserves the right to withdraw any property before the auction and shall have no liability whatsoever for the withdrawal of the property. Bid amounts are incremental. In some cases, a live floor bidder may win an auction with a bid that is equal to the internet or absentee bid. If multiple bids are made online in the same amount, the bid received first will take precedence. Doerr Auction & Realty, Inc will not be responsible for computer breakdowns, viruses, interruptions or programming errors. Under no circumstances will Doerr Auction & Realty, Inc's liability will not exceed the purchase price of an item. Legal matters will be under Illinois jurisdiction in Jackson County.
Buyers will be responsible for all expenses incurred for the transportation, storage and legal expense incurred on behalf of delinquent accounts or abandoned items not removed by the stated deadline.
Warranty & Condition of Items:
All items are sold 'AS IS, and WHERE IS' with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but are not guaranteed. Public inspections are open to all interested parties for a complete examination of the assets. If you are uncertain of the condition or use of an item, please bid accordingly.
All Sales are Final:
Refunds are not given for any reason, including but not limited to bidding errors, posting errors, or condition of items.
Individuals are responsible for the expense incurred for any and all damages to the Seller's assets or property during the Public Inspection or Item Removal times. Bidder's credit card on file will be charged for such damages.
The Seller may withdraw an item from an event prior to the auction closing. Doerr Auction & Realty, Inc takes every step necessary to prevent this from happening. We apologize for any inconvenience this may cause. However, Doerr Auction assumes no liability or responsibility for decisions made by the Seller.
Both auctioneer and seller reserve the right to add, remove, split or combine lots presented, add minimum bids, change closing times, inspection times, removal times, cancel, suspend, extend or reschedule any individual item(s) and/or auction event.
Both Auctioneer and Seller's liability shall be limited to the refund of the item's purchase price.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.