Auction Terms & Conditions
Town & Country Real Estate and Auction
PO Box 56
313 Jefferson St.
Oskaloosa, KS 66066
785-863-3322
"Terms and Conditions"
Bidding on and buying auction assets on www.tcwelcomehome.com and its affiliated websites are subject to the series of obligations and rules below. All bidders are responsible to become familiar with the terms used on this website and for this auction. Some of these terms include, but are not limited to, the following: Sold "AS-IS, WHERE IS", warranties, expressed or implied; merchantability; with any and all faults and defects; abandoned property, and buyer's premium. All items in this auction are located within the OSKALOOSA KS area. The exact location of each lot will be disclosed to the winning bidder via email within 24 hours after the closing of the entire auction. All winning bidders MUST pay by credit card, PayPal, or cash before or at time of pickup. Some lots in this auction may require a deposit to ensure all items are removed from the lot area. The deposit required may vary by lot and will be charged to your credit card. Once the area has been completely cleared of all items to the satisfaction of the Auction Company the deposit will be credited back to your card or check will be mailed. Failure to completely clear your area to the satisfaction of the Auction Company will result in the forfeiture of your deposit.
Other Terms and Conditions include the following:
1. TOWN & COUNTRY REAL ESTATE AND AUCTION AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS "AS IS," WITHOUT ANY GUARNTEE OR WARRANTY OF ANY KIND.
2. TOWN & COUNTRY REAL ESTATE AND AUCTION AND SELLER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. TOWN & COUNTRY REAL ESTATE AND AUCTION RESERVE THE RIGHT TO SET AND CHANGE THE BID INCREMENTS OF THIS AUCTION AT ANY TIME.
4. ASSETS ARE SOLD IN THEIR ACTUAL CURRENT CONDITION, WITH ANY AND ALL FAULTS AND DEFECTS, AND WITH ALL ERRORS OF DESCRIPTION. TOWN & COUNTRY REAL ESTATE AND AUCTION LIABILITY TO A PURCHASER WILL NEVER EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR AN ASSET.
5. BIDDERS ACCEPT ALL AUCTION ASSETS "WITH ANY AND ALL FAULTS", WHETHER OR NOT IMMEDIATELY APPARENT.
6. BIDDERS ARE RESPONSIBLE FOR ASCERTAINING ACTUAL CURRENT CONDITION THROUGH PERSONAL INSPECTION (WHEN AVAILABLE) AND CAREFUL REVIEW OF THE DESCRIPTION, PICTURES, VIDEO AND/OR ANY OTHER SUPPORTING DOCUMENTATION.
7. EVERY BIDDER AGREES THAT HIS OR HER DECISION TO BID AND THE AMOUNT HE OR SHE BIDS HAVE BEEN BASED SOLELY ON HIS OR HER OWN INDEPENDENT INSPECTION AND EVALUATION OF THE AUCTION ASSETS REGARDLESS OF WHETHER THAT INSPECTION WAS IN PERSON OR BY USE OF WRITTEN DESCRIPTION AND PHOTOS / VIDEO.
8. BIDDERS ARE STRONGLY ADVISED BY TOWN & COUNTRY REAL ESTATE AND AUCTION TO TAKE CARE TO SATISFY ALL QUESTIONS OR CONCERNS ABOUT THE AUCTION PROCESS, BIDDING PROCESS OR AUCTION ASSETS BEFORE PLACING A BID.
9. BUYERS ARE RESPONSIBLE FOR THE COST OF AUCTION ASSET MOBILIZATION, DISASSEMBLY, RIGGING, TRANSPORT, INSURANCE, AND ALL OTHER COSTS RELATED TO PHYSICAL TRANSFER OF AUCTION ASSETS FROM THEIR LOCATION AT THE TIME AUCTION BIDDING ENDS.
10. IF THE PICTURES DISPLAYED WITH DESCRIPTIONS DO NOT APPEAR TO MATCH, CONTACT HUNTER STURGIS AT SELLWITHHUNTER@GMAIL.COM OR CALL 913-901-7361 TO REPORT THE AUCTION DATE AND ITEM NUMBER.
11. ASSETS NOT CLAIMED BY THE BUYER WITHIN THE TIME SPECIFIED IN THE AUCTION'S SPECIFIC TERMS AND CONDITIONS WILL BE DEEMED "ABANDONED PROPERTY" REGARDLESS OF WHETHER PAYMENT HAS BEEN RECEIVED BY TOWN & COUNTRY REAL ESTATE AND AUCTION OR THE SELLER, THE TRANSACTION BETWEEN THE SELLER AND BUYER IS CANCELLED WITHOUT FURTHER NOTICE OR PROCESS AND THOSE ASSETS MAY BE RESOLD. BUYER IS STILL EXPECTED TO PAY HIS DEBTS EVEN IF HIS ITEM(S) ARE DEEMED "ABANDONED PROPERTY" ANY AND ALL FEES INHERITED BY THE AUCTION COMPANY IN ATTEMPT TO COLLECT THE REMAINING BALANCE OWED REMAINS THE RESPONSIBILITY OF THE BUYER.
12. ABSENTEE BIDS - WHILE TOWN & COUNTRY REAL ESTATE AND AUCTION WILL MAKE EVERY EFFORT TO ASSIST BIDDERS, WE DO NOT ACCEPT ABSENTEE BIDS FOR ONLINE ONLY AUCTIONS.
13. BID RESCISSION AND REJECTION - TOWN & COUNTRY REAL ESTATE AND AUCTION RESERVES THE RIGHT TO RESCIND OR REJECT ANY AND ALL BIDS.
14. BID RETRACTION - BUYER AGREES NOT TO RETRACT ANY BID THEY PLACE ON THE SITE.
15. BUYER'S PREMIUM - A 15% BUYERS PREMIUM WILL BE ADDED TO THE HIGH BID FOR EACH LOT SOLD TO ESTABLISH THE FINAL SELLING PRICE.
16. ALL SALES ARE SUBJECT TO APPROPRIATE STATE SALES TAX LAWS. THERE WILL BE NO SALES TAX CHARGED OR COLLECTED FOR THIS AUCTION. IN THE EVENT THAT SALES TAX IS CHARGED, WINNING BIDDERS HAVE THE BURDEN OF PROVING THEIR EXEMPTION FROM SALES TAX TO TOWN & COUNTRY REAL ESTATE AND AUCTION.
17. ASSETS WILL NOT BE RELEASED TO BUYERS UNTIL FULL PAYMENT TO TOWN & COUNTRY REAL ESTATE AND AUCTION HAS BEEN RECEIVED AND FUNDS CONFIRMED. AN AUCTION ASSET BECOMES THE FULL RESPONSIBILITY OF THE BUYER AT THE CLOSE OF BIDDING ON THAT ASSET, AND THE BUYER IMMEDIATELY ASSUMES ALL RISK OF LOSS AND DAMAGE TO THE ASSET.
18. TOWN & COUNTRY REAL ESTATE AND AUCTION HAS FULL DISCRETION TO MODIFY THE DATE AND TIME, ORDER, AND DETAILS OF THE SALE OF ANY ASSET OR CONDUCT OF ANY AUCTION FOR ANY REASON OR NO REASON AT ALL, INCLUDING BUT NOT LIMITED TO TECHNICAL ISSUES, EMERGENCIES, AND CONVENIENCE OF TOWN & COUNTRY REAL ESTATE & AUCTION OR THE SELLER.
19. IN ANY MATTERS IN WHICH TOWN & COUNTRY REAL ESTATE AND AUCTION AND / OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, OR ASSIGNS IS MADE A PARTY, THE LAW OF THE STATE OF KANSAS SHALL APPLY, WITHOUT REGARD TO ITS LAW PERTAINING TO CONFLICT OF LAWS, AND ANY DISPUTE SHALL BE DECIDED IN THE COURTS OF JEFFERSON COUNTY, KANSAS. ALL CLAIMANTS CONSENT TO THE PERSONAL JURISDICTION OF THOSE COURTS.
20. TOWN & COUNTRY REAL ESTATE AND AUCTION MAY WAIVE ANY PROVISION OF THESE TERMS AND CONDITIONS, BUT ONLY IN WRITING. NO SUCH WAIVER SHALL EFFECT ANY OTHER PROVISIONS OF THESE "TERMS AND CONDITIONS", NOR SHALL IT AMOUNT TO A PERMANENT WAIVER OF THAT PARTICULAR PROVISION.
21. IF THERE IS ANYTHING RELEVANT TO THESE "TERMS AND CONDITIONS" OF AUCTION THAT YOU DO NOT UNERSTAND PLEASE CONTACT TOWN & COUNTRY REAL ESTATE AND AUCTION BEFORE PLACING A BID.
22. PLACING A BID INDICATED FULL UNDERSTANDING AND ACCEPTANCE OF THESE TERMS & CONDITIONS, ALONG WITH THE AGREEMENT TO BE SO BOUND.
23. PERSONS REGISTERING FOR THIS AUCTION ACKNOWLEDGE AND AGREE THAT THEIR CONTACT INFORMATION CAN BE ADDED TO OUR DATA BASE SO THEY CAN BE NOTIFIED OF UPCOMING AUCTIONS.
24. TERMS AND CONDITIONS CAN BE CHANGED, ADDED, AND OR ALTERD AT ANY TIME BY AUCTION COMPANY FOR ANY REASON WITHOUT EXPLINATION.
UPDATED: 02-08-2021
Hunter Sturgis, Auctioneer / Realtor
Town & County Real Estate & Auction
313 Jefferson Street
Oskaloosa, Kansas 66066
Cell 913-901-7361
Office 785-863-3322
www.TCauctions.net
Email sellwithhunter@gmail.com