LEVEL Timed Consignment Auction

Used Tractors and Farm Equipment. Tractors, sprayers, balers, grain carts, mowers from John Deere, New Holland, Case IH, Ford and more!
  •   May 20 @ 9:00AM EDT (Start)
  •   May 26 @ 10:00AM EDT (End)
  •   Add to Calendar

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Call: LEVEL Consignment Auction

LEVEL Timed Consignment Auction: Used Tractors and Farm Equipment. Tractors, sprayers, balers, grain carts, mowers from John Deere, New Holland, Case IH, Ford and more!

LEVEL PARTNERS LLC BIDDER TERMS AND CONDITIONS

THIS SALE WILL HAVE A 3% BUYERS PREMIUM WITH A $500 CAP PER LOT. SEE SECTION 5 FOR DETAILS.

These Bidder Terms and Conditions apply to auctions conducted Auctioneers and/or Sellers using the LEVEL PARTNERS LLC online bidding platform.  These Bidder Terms and Conditions constitute (i) a legal, valid, binding, and enforceable contract between YOU and each Listing Auctioneer who has posted property for sale on the Platform, and (ii) a legal, valid, binding, and enforceable contract between YOU and the Seller(s) of any Lot(s) purchased by you on the Platform.  LEVEL PARTNERS LLC is a party to these Bidder Terms and Conditions to the extent of the limitation or liability and indemnification provisions set forth below.

 

1. Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms and Conditions Posted by Each Listing Auctioneer, Announcements Made at the Time of the Auction, and Applicable Law.  The Auction is conducted under and in accordance with these Bidder Terms and Conditions, any and all other Terms and Conditions posted by each Listing Auctioneer utilizing the Platform, any announcements or corrections made by a Listing Auctioneer at the time of the Auction, and applicable law.  By participating in the Auction, YOU agree to be bound by, and to abide by, all such Terms and Conditions.  

 

2. Definitions.  The following definitions apply to these Bidder Terms and Conditions:

 

“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations.  This type of auction is also known as an auction Without Reserve.  Provided that a bid is received within a reasonable time after property is put up at Absolute Auction, the property will be sold to the highest bidder regardless of the final bid amount.  Property put up at Absolute Auction may be withdrawn by the Listing Auctioneer if a bid is not received within a reasonable time.  UNLESS SPECIFICALLY AND EXPRESSLY STATED BY THE LISTING AUCTIONEER IN WRITING, NO LOTS ARE BEING SOLD AT ABSOLUTE AUCTION OR WITHOUT RESERVE.

 

“Auction Event” means an online event, identified by Closing Date, during which machinery, equipment, vehicles, and other personal property is exposed for sale through competitive bidding on the Platform.

 

"Bidder" means any person or entity, and the agents or representatives of any such person or entity, that registers, and/or bids, and/or buys, and/or otherwise participates in an Auction Event (including, without being limited to, inspection and/or delivery), regardless of whether such person or entity tenders a bid.   

 

"Bidder Account" the account created for a Bidder to facilitate bidding on the Platform.

 

"Bidder Registration" means the information provided by a Bidder, and the process of registering such Bidder to bid at an Auction Event, including the Bidder's agreement to be bound by these Bidder Terms and Conditions.

 

"Bidder Terms and Conditions" means these Bidder Terms and Conditions.

 

"Buyer" means the Winning Bidder on a Lot.

 

“Buyers Premium” is a non-refundable fee calculated as a percentage of the Hammer Price on each Lot that is payable by the Buyer to the Listing Auctioneer for the Listing Auctioneer’s own account.  If a Lot is offered Subject to Seller’s Confirmation, the Buyers Premium will be calculated on the amount of the High Bid Subject to Confirmation or such other amount as may be agreed to between the Seller and the Buyer, whichever is greater.

 

“Commission” means the amount payable by or on behalf of Seller to the Listing Auctioneer for The Listing Auctioneer’s services, calculated as a percentage of the Hammer Price.

 

“Contract Price” means an amount equal to the Hammer Price plus the Buyers Premium.

 

“Delivery” means the transfer of possession a Lot or Lots to the Buyer.  Unless otherwise stated in writing, Delivery of a Lot will occur where the Lot is physically located during an Auction Event or at such other address as indicated on The Listing Auctioneer’s website.  Delivery does not mean that The Listing Auctioneer will move or relocate any Lot from its physical location during an Auction Event, or as indicated on The Listing Auctioneer's website, to any other location directed by the Buyer.  Unless otherwise expressly agreed in writing, The Listing Auctioneer will not move or relocate any Lot(s) on behalf of the Buyer.

 

“Fall of the Hammer” means the point, after bids have been received, at a Lot is declared to be “sold” to the Bidder who has tendered the Winning Bid.  The Fall of the Hammer occurs electronically at the conclusion of bidding (whether timed or extended) during an online Auction Event.

 

“Hammer Price” means the high bid amount on a Lot at the conclusion of bidding (whether timed or extended) during an online Auction Event.

 

"High Bid Subject to Confirmation" means the high bid amount posted at the conclusion of bidding on a Lot that is Subject to Seller's Confirmation.  If the High Bid Subject to Confirmation is confirmed by Seller, it will be the Hammer Price.

 

"High Estimate" means an amount that The Listing Auctioneer anticipates that a Lot may bring at the high end of a spectrum of possible bids.  The High Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.

 

“LEVEL PARTNERS LLC” means the provider of the Platform and related services.

 

“Lot” means each individual item or grouping of personal property exposed for sale at one time by The Listing Auctioneer.

 

"Low Estimate" means an amount that The Listing Auctioneer anticipates that a Lot may bring at the low end of a spectrum of possible bids.  The Low Estimate, if used, is not a valuation or appraisal, and cannot be relied on as such.

 

“No Sale” occurs if Property is put up at an Auction Event but is not sold, and The Listing Auctioneer passes on such Property or declares a No Sale.

 

“Platform” means the hardware and software utilized by LEVEL PARTNERS LLC to conduct an Auction Event and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.

 

"Bidding Period" means any established period, including auto-extend periods or manually extended periods, during which bids may be tendered.

 

“Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at an Auction Event (including a sale at an auction conducted by a person or entity other than The Listing Auctioneer).

 

“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms-length transaction between Seller and the purchaser of the Property.  If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.

 

“Property Location” means the physical location of each specific Lot (i.e., machinery, equipment, vehicles, and other personal property) exposed for sale through competitive bidding on the Platform.  The Property Location will be specific to each Lot.

 

"Registered Bidder" means a person or entity that has registered to bid at an Auction Event.

 

“Registration Deposit” means, if required by The Listing Auctioneer, the deposit made by a Registered Bidder in order to register for an Auction Event.  The Listing Auctioneer may require that the Registration Deposit be made in certified funds or in such other form as determined by Listing Auctioneer in the Listing Auctioneer’s discretion.

 

“Reserve” or “With Reserve” means that a Lot may be withdrawn by the Listing Auctioneer and/or bids may be rejected by the Listing Auctioneer prior to the Fall of the Hammer.  The Seller may bid at on a Lot that is sold With Reserve  UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY A LISTING AUCTIONEER IN WRITING, ALL PROPERTY IS BEING SOLD WITH RESERVE.

 

“Reserve Price” means the minimum price that a Seller is willing to accept for Lot.  If a Lot is subject to a Reserve Price, the Lot will not be sold unless the Reserve Price is met or waived by the Seller.

 

“Subject to Seller's Confirmation” applies if a Lot is expressly identified as being Subject to Seller’s Confirmation, and means that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged, the Seller may determine, in the Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

 

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by the Seller).

 

"Winning Bidder" means the Bidder who is recognized as having made the Winning Bid.

 

“Withdrawn”, “Withdrawal”, or “Withdraw” refers to the circumstance in which a Lot is removed or withdrawn from an Auction Event, or in which it is determined that a Lot will not be offered or sold at an Auction Event.

 

“Without Reserve” means Absolute.

 

“YOU” means a Bidder.

 

3. Bidder Registration; Bidder Qualification. YOU must register to bid.  The Listing Auctioneer may establish such Bidder Registration requirements and Bidder qualifications as The Listing Auctioneer determines, in The Listing Auctioneer’s discretion, to be reasonably necessary or appropriate.  In order to register to bid, YOU must provide such information (including identifying information and qualifications) as requested by The Listing Auctioneer.  The Listing Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the Bidder Registration or bidding privileges of any Bidder.  By registering to bid, YOU represent that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that YOU are otherwise legally able to enter into a contract.  Each entity (i.e., corporation, limited liability company, or other organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase transaction if it is the Winning Bidder.  If bids are made by or on behalf of an entity, the entity and any individual making the bid will be jointly and severally liable on account of the bid.  YOU acknowledge and agree that YOU have read, understand, and agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted by the Listing.  A Listing Auctioneer may, in the Listing Auctioneer’s absolute discretion, receive bids from a person or entity that has not registered to bid, and/or who has not satisfied all requirements for Bidder Registration, and/or that has not previously been granted bidding privileges, and, by bidding, such person or entity will be bound by these Bidder Terms and Conditions, any and all other terms and conditions posted by the Listing Auctioneer.  Bidder qualification provisions are intended for the benefit of the Listing Auctioneer and the Seller(s), and create no rights or interests in any other persons, including competing Bidders.  A Listing Auctioneer and/or Seller(s) may (but will not be required to) waive any Bidder qualifications, either globally or on a case by case basis.

 

4. Lots Sold At Property Location(s).  Notwithstanding YOUR physical location, each Lot is offered for sale in the jurisdiction where the Lot is located, and will be sold and delivered at that location unless stated otherwise in writing.

 

5. Buyers Premium. All Property offered at this Auction Event is subject to a THREE PERCENT (3%) Buyers Premium with a FIVE HUNDRED DOLLAR ($500) CAP per Lot, which will be paid by the Buyer to Listing Auctioneer for the Listing Auctioneer's own account.  The Buyers Premium is earned by the Listing Auctioneer with the Fall of the Hammer and is non-refundable.  The Buyers Premium will be added to the Hammer Price to determine the final Contract Price for tax purposes.

 

6. Access to Property Location and/or the Platform.  YOU assume all risks associated with YOUR presence at a Property Location and/or YOUR access to the Platform utilized by Auctioneer.  Any person may be denied access to an Auction Event, a Property Location, and/or the Platform.

 

7. Nature of the Auction.  Unless otherwise stated in writing all Lot(s) are offered for sale With Reserve.  Any Lot may be Withdrawn prior to the Fall of the Hammer on such Lot even if bids have been recorded.

 

__X_ In addition to being With Reserve, certain Lots specifically identified by a Listing Auctioneer may be sold Subject to Seller’s Confirmation.  This means that after the High Bid Subject to Confirmation has been recorded, the Seller may determine, in the Seller’s sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

 

8. Bidding.  YOU may only bid at an Auction Event by agreeing to be bound by these Bidder Terms and Conditions.  By bidding, YOU acknowledge and agree that YOU are subject to, and bound by, these Bidder Terms and Conditions.

 

9. No Bid Retraction; Irrevocable Offer.  Without the Listing Auctioneer's consent (which consent may be granted or withheld in the Listing Auctioneer's sole and absolute discretion), YOU may not retract or revoke a bid that YOU have submitted online.  YOU acknowledge and agree that the Listing Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction Event, may call into question the integrity of the Auction Event, and may have a negative effect on the Seller's ability to obtain the highest and best price.  As an inducement for Listing Auctioneer to accept YOUR Bidder Registration and to grant YOU the privilege of bidding, and in consideration of the ability to bid, YOU agree that YOU will not withdraw or to attempt to withdraw any bid tendered by YOU or on your behalf without the Listing Auctioneer's prior consent.  YOU, further, acknowledge and agree that YOUR bid constitutes an irrevocable offer to purchase that will not be terminated by solicitation and/or acknowledgment of advancing bids.  YOU recognize that if bidding on a Lot is reopened for any reason after the Fall of the Hammer, or if the Listing Auctioneer permits the withdrawal of a subsequent advancing bid, YOUR bid may be accepted and YOU may be declared the Winning Bidder.  If YOUR bid is not accepted during the Auction, it will terminate seventy-two (72) hours after the close of bidding.

10. Bidder Account.  YOU must register to bid on the Platform and create a bidding account by providing required information.

 

11. Posted Times.  Unless stated otherwise with respect to a particular Auction Event or a particular Lot, all times are based on Eastern Standard Time.  LEVEL PARTNERS LLC reserves the right to close early or extend any Auction Event, and a Listing Auctioneer may close any Lot early or extent bidding on any Lot with LEVEL PARTNERS LLC’s approval.

 

12. Technology Disruptions.  Neither LEVEL PARTNERS LLC, nor any Listing Auctioneer, nor any Seller will be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Platform, (ii) breakdown, disruption, or failure of YOUR internet connection, computer, or system, or (iii) otherwise.  LEVEL PARTNERS LLC may, but will not be required to, continue, suspend, delay, extend, reschedule, or close an Auction Event, or a specific Lot,  because of disruptions caused by technology failures, even after bidding has commenced.

 

13. Failures by Affiliates or Contractors.  Under no circumstances will LEVEL PARTNERS LLC or any Listing Auctioneer be liable for any failure of any affiliates, employees, agents, representatives, or contractors.

 

14. Auto-Extend Feature.  Any Bidding Period may include an auto-extend feature.  This means that, if an online bid is entered within a set time period approaching the end of the established Bidding Period, the Bidding Period will automatically be extended for an additional amount of time in increments established by LEVEL PARTNERS LLC or by a Listing Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.

 

15. Disclaimer.  Neither LEVEL PARTNERS LLC, not any Listing Auctioneer, nor any Seller makes any representations or warranties, and each disclaims all representations and warranties (i) that the Platform or any related website or technology will be uninterrupted, error free, or virus free, (ii) as to the results that may be obtained by using the Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Platform or any related technology.

 

16. Responsibility for Tendered Bids.  YOU are responsible for all bids transmitted from YOUR computer or device, or from YOUR Bidder Account.  If a Winning Bid is sent from YOUR computer or device, or from YOUR Bidder Account, YOU will be the Buyer.

 

17. Winning Bidders Subject to Certification by Listing Auctioneer.  The final determination of the Winning Bidder on a Lot is subject to certification by the Listing Auctioneer of that Lot; and any email or electronic message (whether generated manually or automatically) is subject to such certification.

 

18. Bid Increments.  Bid increments are established and controlled by each Listing Auctioneer, and may be adjusted or modified in the particular Listing Auctioneer’s sole and absolute discretion.

 

19. Withdrawal.  Unless a specific Lot is, in express written terms, put up at Absolute Auction, a Listing Auctioneer has the right to withdraw any Lot prior to the Fall of the Hammer.

 

20. Winning Bid; Buyer.  If YOU are certified as the Winning Bidder on a Lot, you Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any Lot will be the Buyer of such Property.

 

21. ALL LOTS SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” ALL LOTS ARE BEING OFFERED AND SOLD IN THEIR “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER THE LISTING AUCTIONEER NOR ANY SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF ANY LOT.  NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY A LISTING AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE LISTING AUCTIONEER OR THE SELLER, OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING.  IF A PRE-AUCTION INSPECTION WAS AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.  IF, DUE TO SOCIAL DISTANCING RESTRICTIONS, OR OTHERWISE, A PRE-AUCTION INSPECTION WAS NOT AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT ALTHOUGH YOU HAVE NOT HAD THE OPPORTUNITY TO INSPECT ANY LOT(S), ALL LOTS ARE BEING SOLD IN THEIR “AS IS, WHERE IS” CONDITION, WITH ALL FAULTS AND DEFECTS, AND THAT YOU UNDERSTAND AND AGREE THAT YOU ARE ASSUMING ALL RISKS WITH RESPECT THERETO.  YOU, FURTHER, ACKNOWLEDGE AND AGREE THAT ANY PHOTOGRAPHS OR OTHER IMAGES OF LOT(S) ARE ADEQUATE FOR YOUR PURPOSES, AND THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO ASK QUESTIONS OF THE LISTING AUCTIONEER, AND TO CONDUCT ANY AND ALL DUE DILIGENCE DEEMED BY YOU TO BE NECESSARY OR APPROPRIATE. YOU ACKNOWLEDGE AND AGREE THAT ALL SALES ARE FINAL WITH NO REFUNDS AND NO RETURNS.

 

22. All Sales Final.  ALL SALES ARE FINAL.  NO REFUNDS OR RETURNS.

 

23. Announcements.  Subject to the limitation set forth in these Bidder Terms and Conditions, all terms and conditions and other announcements made by a Listing Auctioneer on the day of the Auction Event are binding and take precedence over any advertisements or listings.

 

24. Inspection.  By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by the Listing Auctioneer or by any Seller or anyone acting as agent or representative of a Seller.  YOU, further, acknowledge and agree that any photographs or other images of Lot(s) are adequate for YOUR purposes.  The foregoing notwithstanding, if, due to social distancing restrictions, or otherwise, an inspection is not available, YOU acknowledge and agree that all Lots are being sold in their “AS IS, WHERE IS” condition, with all faults and defects, and that YOU understand and agree that YOU are assuming all risks with respect thereto.   

 

25. Description of Lots.  Unless otherwise expressly stated otherwise in writing, any description of a Lot is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by the Listing Auctioneer or Seller.

 

26. Contract of Sale for Personal Property.  No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold during an Auction Event, or otherwise over the Platform, regardless of the Contract Price, and these Bidder Terms and Conditions, together with each Listing Auctioneer’s individual bidder terms and conditions, and LEVEL PARTNERS LLC’s bidding records identifying the Listing Auctioneer, the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale.  These Bidder Terms and Conditions will be incorporated into and made a part of the contract between each Buyer and Seller.

 

27. Bidding by or on Behalf of Seller.  Each Seller reserves the right to bid, directly or indirectly, on the Seller’s own Lot(s) except for any specific Lot(s) being sold Absolute without a forced sale or court order.  A Listing Auctioneer may bid on a Seller’s behalf up to any Reserve Price.

 

28. Conduct of the Auction Event.  Each Listing Auctioneer will regulate all matters relating to bidding on any Lot(s) listed by such Listing Auctioneer, the Listing Auctioneer’s decisions will be final and binding.  Each Listing Auctioneer will have control over bidding, and may resolve any and all disputes.  In the Listing Auctioneer’s sole and absolute discretion, a Listing Auctioneer may (but will not be required to) reopen the bidding if:  (i) after the Fall of the Hammer or other termination of the bidding, the Listing Auctioneer is made aware of a bid that was unnoticed, unrecognized, or unrecorded prior to the Fall of the Hammer or other termination of the bidding; or (ii) after the Fall of the Hammer or other termination of the bidding, the Listing Auctioneer is made aware that a Bidder was unable to tender or complete a bid because of a technical issue with, failure of, or interruption to the Platform; or (iii) some other bid issue or dispute arises.  Any contract formed with the Fall of the Hammer will be subject to these conditions.  If bidding is reopened after the Fall of the Hammer or other termination of the bidding, the last bid recorded on the Platform, will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.  The determination of whether to reopen the bidding is within the Listing Auctioneer’s sole and absolute discretion, and the Listing Auctioneer is not required to reopen the bidding under any circumstances.  The Listing Auctioneer’s determinations will be final and conclusive.

 

29. Conclusiveness of Records.  Absent clerical errors, the records of LEVEL PARTNERS LLC and the Listing Auctioneer will be final and conclusive.  If there is a disparity between the records of the Listing Auctioneer and the records of LEVEL PARTNERS LLC, the records of LEVEL PARTNERS LLC will control.

 

30. Title.  If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears.

 

31. Risk of Loss; Possession.  If YOU are on one or more Lot, risk of loss will pass to YOU with the Fall of the Hammer, even if YOU have not yet paid for the Lot, and YOU will be responsible to securing or protecting the Lot(s).  You will take possession of the Lot(s) purchased by you Property Location on delivery, after payment has been made and clears.

 

32. Payment: Possessory Lien.

 

32.1. Payment.  Any and all Lots purchased by YOU must be paid for in-full within TWO (2) business days after the close of the Auction Event.  Purchases must be paid by credit card, certified funds, or by wire transfer; provided, however, that purchases in the amount of  One Thousand Dollars ($1,000) or more must be paid by certified funds or wire transfer unless other arrangements acceptable to the Listing Auctioneer are made.  If payments made in any form other than wire transfer, the Listing Auctioneer reserves the right to delay delivery until  funds have cleared, and for a reasonable time thereafter.

 

32.2. Possessory Lien.  Other provisions of these Bidder Terms and Conditions notwithstanding, the Listing Auctioneer and/or Seller will have a possessory lien on any and all Lots, and the Winning Bidder’s interest therein, against any unpaid amounts.

 

33. Failure to Pay.  If YOU fail to pay for your purchase(s) within the required period, YOU will be deemed to have abandoned any interest in the Lot(s) to the Seller, but YOU will remain liable for payment of the Contract Price, plus any and all other amounts due and owing, including storage fees, as applicable.  Unpaid Lot(s) may be retained by Seller, resold at a subsequent Auction Event, or otherwise disposed of.  If unpaid Lot(s) are sold at a subsequent auction, YOU will be liable for any shortfall or deficiency on the resale of the Lot(s), plus the costs incurred in connection with reselling the Lot(s).  Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid Lot(s).  The Listing Auctioneer and/or Seller may, at any time, commence a lawsuit against YOU for the Contract Price of any unpaid Lot(s) and/or for any deficiency realized on the resale of such Lot(s).  Subject to applicable law, beginning THREEE (3) business days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed (including a subsequent sale), a storage charge in the amount of One Hundred Dollars ($100) per day will accrue, and the Listing Auctioneer will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges.  YOU are responsible for the payment of the Buyers Premium, in full.  The Listing Auctioneer has no obligation to mitigate damages with respect to the Buyers Premium, and there will be no set-off against, or reduction in, the Buyers Premium even if the Lot is subsequently sold and the Listing Auctioneer is paid an Buyers Premium on the subsequent sale.

 

34. Delivery; Sales Tax.  Unless specified otherwise in writing, all Lots purchased by YOU will be delivered to YOU at the Property Location.  Neither the Listing Auctioneer nor the Seller has any obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU.  YOU may appoint an agent to accept delivery of YOUR purchase(s) at the Property Location, and to arrange for shipment to a location designated by YOU.  Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where the Property Location is situate, and sales tax will be collected and remitted to the applicable taxing authorities in the jurisdiction where the Property Location is situate.  The foregoing notwithstanding, if any other jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or will maintain the Lot(s) purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, or assesses that same, YOU will be responsible for the payment of such tax, and YOU agree to indemnify the Listing Auctioneer and Seller and hold them harmless with respect to any such assessments.  If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and the Listing Auctioneer will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority.

 

35. Calculation of Sales Tax; Sales Tax Disputes.  Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyers Premium.  If (i) YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by the Listing Auctioneer, or (ii)  YOU believe that the Buyers Premium portion of the Contract Price should not be subject to sales tax, or (iii) you otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from the appropriate taxing authority to the extent that the same may be available to YOU.

 

36. Pick-up and Removal; Shipping; Insurance.  YOU are responsible for pick-up and removal of Lot(s) purchased by YOU.  Pick-up location and removal dates and times will be as posted by the Listing Auctioneer.  Unless otherwise agreed, YOU are solely responsible for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU.  Disassembly and removal must be done in a professional and workmanlike manner, and YOU will indemnify and hold harmless both the Listing Auctioneer and the Seller against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s).  Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of the Listing Auctioneer and Seller(s).  Any Lot(s) shipped to YOU will be via a shipment contract free on board at the Property Location, and possession will pass to YOU at the Property Location.  YOU are responsible for insuring all Lots purchased by YOU.

 

37. Failure Pick-up or Arrange for the Delivery; Abandoned Property; Storage.  If YOU are certified as the Winning Bidder on one or more Lots, and, have paid the Contract Price, but fail to pick-up or remove the Lot(s) within the time period provided by the Listing Auctioneer, YOU will be deemed to have abandoned the Lot(s), and any interest therein, to the Listing Auctioneer, and YOU will give up any and all rights with respect to such Lot(s).  Lots that have been abandoned to Listing Auctioneer may be retained by Listing Auctioneer, sold at a subsequent auction, or otherwise disposed of.  YOU will not be entitled to any proceeds from the sale of any abandoned Lot(s).  As posted by the Listing Auctioneer, and subject to applicable law, the Listing Auctioneer and/or the Seller may impose storage charges, for any Lot(s) purchased by you but not picked up, and there will be a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges.

 

38. Returned Checks.  Any checks that are returned unpaid will be subject to a returned check fee in the amount of posted by the Listing Auctioneer.  In addition to the foregoing, the Listing Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.

 

39. No Stop Payment Orders or Credit Card Chargebacks.  YOU agree that YOU will not, under any circumstances, (i) issue a stop payment order on any checks or drafts made by YOU, or (ii) initiate a credit card chargeback with respect to any purchase(s) made by YOU.  YOU further agree that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and YOU acknowledge and agree that on Listing Auctioneer’s presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Listing Auctioneer.  If, in violation of these Bidder Terms and Conditions, YOU issue a stop payment order or initiate a credit card chargeback, YOU will remain liable for all purchases made by YOU, and YOU will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of the Listing Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and/or in collecting payment.  YOU acknowledge and agree that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to YOU being afforded the privilege of participating in the Auction Event and is being made as an inducement for Listing Auctioneer to accept YOUR Bidder Registration and to permit YOU to bid.  YOU acknowledge and agree that the Listing Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU to bid.

 

40. Claims.  After a Lot has been removed from the Property Location by YOU, or on YOUR behalf, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation.

 

41. Buyer Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages.  To the extent that YOU may be entitled to damages or remedies, the sole and exclusive remedy available to YOU is a return of the Hammer Price actually paid.  Under no circumstances will the Listing Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to, lost profits or reduced productivity.  YOU acknowledge and agree that YOU are not entitled to specific performance or other equitable relief.

 

42. Seller Remedies.  If YOU breach YOUR obligations under these Terms and Conditions or under a sale contract with the Seller of any Lot(s), such Lot(s) may be resold and YOU will be responsible for any and all damages, including any deficiency or reduction in the Contract Price, along with incidental damages.

 

43. Indemnification.  YOU agree to indemnify and hold the Listing Auctioneer and Seller harmless from any current or future claims regarding the Auction Event, your participation in the Auction Event, or any Lot(s) bid on or purchased by YOU during the Auction Event, including, without being limited to, fitness, use, damage, safety, and/or injuries to persons or property.

 

44. Private Sale.  YOU agree that, prior to or during the Auction Event, except as expressly approved and facilitated by the Listing Auctioneer, YOU will not to enter into, or to agree to enter into, a Private Sale for the purchase of any Lot(s) included, or scheduled to be included, in the Auction Event.  If YOU purchase any Lot(s) included in, or scheduled to be included in, the Auction Event in a Private Sale prior to, or during, or within ten (10) days after the Auction Event, the Listing Auctioneer will be entitled to receive an amount equal to Listing Auctioneer’s full Commission and Buyers Premium, and YOU and the Seller will be jointly and severally responsible for the payment of such amount.

 

45. Waiver.  Certain provisions of these Bidder Terms and Conditions are for the exclusive benefit of the Listing Auctioneer and/or the Seller(s).  Such provisions, including, without being limited to, Bidder Registration and qualification requirements, payment terms, removal and delivery terms, and inspection terms, do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons.  Either globally or on a case by case basis the Listing Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Bidder Terms and Conditions that are intended for the benefit of Listing Auctioneer and/or Seller.

 

46. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the state where the Property Location is situate, including that state’s statutes of limitations, but without regard to its rules governing conflict of laws.  All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for the county where the Property Location is situate, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters.  YOU irrevocably and unconditionally (i) agree that any claim, suit or cause of action relating to the Auction Event, these Bidder Terms and Conditions, or the transactions contemplated hereunder, will be brought in the state or federal courts sitting in and for the county, and in the state, where the Property Location is situate, (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action, (iii) waive any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of inconvenience.  YOU WAIVE THE RIGHT TO A JURY TRIAL.

 

47. Attorneys’ Fees.  YOU breach YOUR obligations under these Bidder Terms and Conditions, the Listing Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

 

48. Acceptance of Bidder Terms and Conditions.  YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that you have read these Bidder Terms and Conditions, you understand these Bidder Terms and Conditions, and you accept and agree to be bound by these Bidder Terms and Conditions.