|
AFTER BUYER PLACES A BID, IT CANNOT BE RETRACTED. AFTER A BID IS MADE, SAID BID IN THE SOLE DISCRETION OF SMITH AUCTIONS LLC MAY BE ACCEPTED AND CREATE A LEGALLY BINDING CONTRACT. BUYER SPECIFICALLY AKNOWLEDGES SMITH AUCTIONS LLC'S POLICY ON BID RETRACTION SUPERSEDES ANY CONTRARY PROVISIONS OF WIS. STAT. §402.328 SALE BY AUCTION OR OTHER APPLICABLE LAW. ANY INDIVIDUAL FOUND TAMPERING WITH ITEMS ON THIS AUCTION WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. BUYER WILL INDEMNIFY AND HOLD SMITH AUCTIONS LLC (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, MEMEBERS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR IMPROPER USE OF SMITH AUCTIONS LLC SERVICES OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. YOU AGREE THAT THE LAWS OF THE STATE OF WISCONSIN WILL GOVERN THE TERMS AND CONDITIONS BETWEEN YOU AND SMITH AUCTIONS LLC, EXCEPT AS OTHERWISE STATED IN THE TERMS AND CONDITIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND SMITH AUCTIONS LLC MUST BE RESOLVED EXCLUSIVELY BY ST. CROIX COUNTY CIRCUIT COURT IN THE STATE OF WISCONSIN. DISPUTES CONCERNING FEDERAL LAW WILL BE RESOLVED IN THE WESTERN DISTRICT OF WISCONSIN. YOU AND SMITH AUCTIONS LLC AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN ST. CROIX COUNTY WISCONSIN FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES. IF ANY PROVISION OF THESE TERMS AND CONDITIONS ARE HELD TO BE INVALID, VOID OR FOR ANY REASON UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK OUT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS. IF BUYER FAILS TO PAY IN FULL, BUYER (A) AUTHORIZES OWNER AND/OR AUCTION COMPANY TO RESELL SUCH PROPERTY AT ANY TIME AT PUBLIC OR PRIVATE SALE, (B) AGREES TO INDEMNIFY OWNER AND/OR AUCTION COMPANY AGAINST ALL LOSS OR DAMAGE UPON SALE, TOGETHER WITH COST AND EXPENSES THEREOF, INCLUDING ATTORNEYS FEES ALLOWED BY LAW, IF ANY AND (C) AGREES TO PAY AUCTION COMPANY INTEREST OF 1.5% PER MONTH ON UNPAID BALANCE. BUYER ACCEPTS FULL RESPONSIBILITY FOR ALL PURCHASES MADE AND HOLDS THE COMPANY FREE FROM ANY LIABILITIES INCLUDING THEFT OF ITEMS. THE BIDDER IS BOUND BY THESE TERMS. STORAGE FEES COMMENCE ON THE SIXTH (6TH) DAY AFTER AN ITEM HAS BEEN PURCHASED. STORAGE FEES ARE $20 PER DAY. ITEMS ARE CONSIDERED ABANDONED IF NOT PICKED UP WITHIN FIFTEEN (15) DAYS OF PURCHASE. IF AN ITEM IS ABANDONED, BUYER IS STILL RESPONSIBLE FOR MAXIMUM STORAGE FEES OF $200 AND ANY OTHER DAMAGES INCURRED BY SMITH AUCTIONS LLC AS SET FORTH IN THESE TERMS AND CONDITIONS. ALL ITEMS MUST BE PAID FOR BY 5:00PM OF THE FIRST FRIDAY FOLLOWING THE CLOSE OF THE AUCTION WITH NO EXCEPTIONS, IF YOU CANNOT MAKE THAT DEADLINE YOUR CREDIT CARD WILL BE BILLED FOR YOUR PURCHASES. IF YOU FAIL TO PAY FOR ITEMS, SMITH AUCTIONS LLC RESERVES THE RIGHT TO CONTACT LAW ENFORCEMENT REGARDING FAILURE TO PAY AND MAY PURSUE ALL CIVIL PENALTIES ALLOWED BY LAW WHICH MAY INCLUDE: FORWARDING THE MATTER TO OR OUR ATTORNEYS FOR COLLECTION, COURT COSTS, STORAGE FEES, AND ANY OTHER COSTS INCURRED BY SMITH AUCTIONS LLC.
|
