Lot # : 8 - 18 HP Briggs & Stratton Motor

TERMS AND CONDITIONS OF THE AUCTION: Throughout this document, Century 21 West Main Realty & Auction LLC will be referred to as C21WMRA 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 & Hi-Bids 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 by registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if in attendance of the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!! 1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Century 21 West Main Realty & Auction LLC, MikeWalkerAuctions.com & Mike Walker from any liability. 2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. Payment: Payment in full is due at the end of the auction. Due to the lack of space, large number of items, and location of the items in this online auction, there will be a limited preview of the items. If you have questions, contact the auctioneer prior to bidding. Bidders will need to rely on the photos and posted descriptions to make their determination whether to bid or not. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. C21WMRA may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall C21WMRA be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. C21WMRA does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. There are no refunds for any reason. By placing a bid, Bidder acknowledges that her or she has viewed the items online to his or her satisfaction and chooses to bid on the items at his or her sole risk. C21WMRA will not be responsible for any errors or omissions in the description of the items. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. Century 21 West Main Realty & Auction LLC accepts the following forms of payment: " Wire Transfers (A $15 service fee will apply to all payments via wire transfer. For wire transfer instructions, please email auctioneermikewalker@gmail.com " Credit Cards (MasterCard, Visa, American Express and Discover) " Everything MUST be paid for in full by 10:00 AM the day after the end of auction. " Any purchase not paid for by 10:00 AM the day following the auction, will be billed to the credit card you registered with. " In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property. " Auctioneer, in his sole discretion, may extend the end date of the auction or deem the auction cancelled at any time during the auction. Credit Card Hold: A $50.00 hold may will be placed on your card when you place your first bid for this auction. If you do not pay for your auction purchases on time, then the credit card hold will be applied towards the 15% relisting fee. If you use a credit card to secure your account, the auction deposit will take the form of a credit card authorization and will count against your credit limit for the duration of the authorization (7-10 business days). If you use a debit card to secure your account, the auction deposit will take the form of a hold on funds in your bank account for the duration of the authorization (7-10 business days). Century 21 West Main Realty & Auction LLC, highly recommends you secure your account with a credit card and is not responsible for any issues arising from the use of a debit card to secure your bidding account. Add a debit card at your own risk. C21WMRA is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against C21WMRA or anyone else if the internet service fails to work correctly before or during the auction. C21WMRA will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged place their maximum bids at least two hours prior to the auction closing time. C21WMRA reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, C21WMRA reserves the right to extend the closing times, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by C21WMRA and Bidder receives an invoice and has paid in full. C21WMRA reserves the right to cancel any or all sales and resell the items in whatever manner it chooses at any time. The bids are advanced at pre-set increments available on the bidding web page. Removal: Saturday, August 25, 2018, 9:00 AM - 4:00 PM Pick up location will be provided after payment has been received. General vicinity is Mt. Juliet, TN 37122. Space is very limited for pick up and the larger items may need to be arranged by appointment only Sunday August 26th, 2018, especially the Ford van, golf carts, mowers, air tank etc. Contact auctioneer for questions at auctioneermikewalker@gmail.com Removal Assistance: All items in this auction may be picked up once Century 21 West Main Realty & Auction LLC has received and acknowledged payment in full. Bidders are responsible for rigging, loading, and moving all items purchased without assistance from Century 21 West Main Realty & Auction LLC. Items not removed by the pickup deadline will be considered abandoned property. Century 21 West Main Realty & Auction LLC reserves the right to resell the items and retain all sales proceeds as payment for accumulated, unpaid storage and handling. If someone other than you is picking up your auction purchases, you will need to contact the auctioneer for an authorization form prior to load out day. Items will not be released unless proof of purchase is supplied on dat of pick up. NO EXCEPTIONS. Valid ID may required. Shipping: Shipping for this auction is offered on a minimal number of items. Century 21 West Main Realty & Auction LLC will gladly facilitate shipping with third party moving/shipping companies at an additional charge to the buyer, which will include handling charges in addition to actual shipping charges. This amount will be charged to the credit card on file, with specific shipping instructions provided by the buyer to Century 21 West Main Realty & Auction, LLC at auctioneermikewalker@gmail.com. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED DURING TIMES POSTED FOR THIS AUCTION UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH C21 OR IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME WILL CONSIDERED ABANDONED AND BE FORFEITED WITH NO REFUNDS. IN THE EVENT THAT A SPECIAL ARRANGED IS GRANTED TO PICK UP PAST THE SCHEDULED DATES, THERE WILL BE A MINIMUM CHARGE OF $200. Internet bidders should arrange to pick up their purchases within this time. Buyer's Premium: There is a 13% Buyer's Premium in effect for this auction. DISCLAIMER: All lots sell as is, where is, with all faults. Century 21 West Main Realty & Auction LLC and the seller do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Century 21 West Main Realty & Auction LLC is not responsible for incorrect listing information, if any. Century 21 West Main Realty & Auction LLC has attempted to provide accurate descriptions of all items; however, it is the bidder's responsibility to determine the condition and suitability of each lot. Printed statements or descriptions by Century 21 West Main Realty & Auction LLC staff are provided in good faith and are matters of opinion. NO RESERVES: Each lot will sell to the highest bidder without reserve. NO BUY BACKS: All sellers are contractually prohibited from bidding on lots they have consigned to the auction. NO RETURNS: All sales are final. There are no returns, refunds, or adjustments. BUYER'S PREMIUM A buyer's premium of thirteen percent (13%) of the high bid will be added to the high bid to determine the final sales price for the auction lot. This charge includes credit card processing fees. SALES TAX: No Sales Tax will be collected. PAYMENT: Payment in full is due at the conclusion of the auction. Century 21 West Main Realty & Auction LLC accepts the following forms of payment: Credit Cards (MasterCard, Visa, American Express and Discover) Merchandise becomes the full responsibility of the bidder at time of payment and the bidder assumes all risk of loss and damage to property at that time. Century 21 West Main Realty & Auction, LLC reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property. AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for five lots each minute in catalog order with the following exception: if a bid is placed in the last three (3) minutes remaining for that auction lot, bidding for that lot will remain open for an additional three (3) minutes. SOFT CLOSE GROUPS: Items in this auction have been placed in soft close groups. The above notwithstanding, if a bid is placed in the last 3 minutes remaining for any item in the soft close group, bidding for all items in the soft close group will remain open for an additional 3 minutes. OUTBID NOTIFICATION: The bidding software will notify bidders when they have been outbid. 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. BUYER DEFAULT: If, after the Payment Period has ended, the Buyer does not make full payment in accordance with the terms set forth above, the Buyer is considered in default and their Auction Item(s) will be re-listed in an Online Auction and a 15% re-listing fee (which You agree is a reasonable estimate of the minimum damages incurred by Century 21 West Main Realty & Auction LLC as a result of Your failure) will be charged to their account. The re-listing fee is based upon the original selling price of the Auction Item. By registering a valid credit card with Century 21 West Main Realty & Auction LLC, the Buyer authorizes Century 21 West Main Realty & Auction LLC to charge applicable re-listing fees to the credit card. DEBT COLLECTION & INTEREST CHARGES: The bidder agrees to pay all reasonable attorney fees and other costs incurred by Century 21 West Main Realty & Auction LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Century 21 West Main Realty & Auction LLC. Any debt collection or dispute proceedings will be heard in Wilson County, Tennessee. GUARANTY AREEMENT: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Century 21 West Main Realty & Auction LLC of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee. LIMITATION OF LIABILITY If, for any reason, Century 21 West Main Realty & Auction LLC, is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole liability of Century 21 West Main Realty & Auction LLC, if any, shall be the return of monies paid in respect of such Purchase upon its return by Purchaser. AGE REQUIREMENT: All bidders must be 18 years of age or older. BIDDER INFORMATION & SECURITY: All registration information the bidder provides to Century 21 West Main Realty & Auction LLC, shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Century 21 West Main Realty & Auction LLC, if they believe that their bidder number and password have been compromised. PRIVACY: We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. SELLER: Donna Short