PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID
IMPORTANT POINTS FOR THIS AUCTION
PREVIEW – Monday, May 6, 2024, 4:00-5:00 pm (CANCELLED DUE TO INCLEMENT WEATHER)
AUCTION END – Monday, May 13, 2024, 3:00 pm
PICKUP – Tuesday, May 14, 2024, 4:00-6:00 pm
FEES/TAXES – Buyer’s Premium: 15%
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
- CATALOG: Theurer Auction has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold AS-IS, WHERE-IS, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.
- PAYMENTS: There is a 15% Buyers Premium added to your total purchase. All sales are final. NO credit card charge backs will be allowed. All accounts must be settled at the conclusion of the auction. We accept Cash, Checks or certified funds (if notified by email within 24 hours), Visa & MasterCard ONLY. If you do not notify us within 24 hours of your preferred method of payment your card will be charged for the purchase plus buyer’s premiums, plus a 3% Credit Card Fee and any applicable taxes. NOTHING will be charged to your card until a purchase is made. Note: Checks may be processed the day of the auction; be sure to have adequate funds in your account. Each transaction necessary to collect insufficient funds will have a $25 fee imposed plus the liability of Default of Buyer below.
- DEFAULT OF BUYER: Successful bidder not paying for items within three days of the date of the auction will be considered in default. Such default by the Successful Bidder will result in that Bidder's liability to both the Seller and Theurer Auction/Realty LLC. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the items either publicly or privately with Theurer Auction/ Realty, LLC, and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Theurer Auction/ Realty, LLC. In addition, Theurer Auction/ Realty, LLC, also reserves the right to recover any damages separately from the breach of the Buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Theurer Auction/ Realty, LLC, in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Theurer Auction/ Realty, LLC, and any other costs or losses incurred by the Buyer's failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Sumner County, Kansas, at the option of both the Seller and Theurer Auction/ Realty, LLC.
Both the Successful Bidder and Seller shall indemnify Theurer Auction/ Realty, LLC, for and hold harmless Theurer Auction/ Realty, LLC, from any costs, losses, liabilities, or expenses, including attorney fees resulting from Theurer Auction/ Realty, LLC, being named as a party to any legal action resulting from either Bidder's or Seller's failure to fulfill any obligations and undertakings as set forth in this contractual agreement.
- SHIPPING: The auction company can arrange packing and shipping. Packing and shipping costs are the responsibility of the buyer in addition to the purchase amount. All items will be insured for the purchase price. Our first priority is to deliver your purchase in excellent condition. We will not ship any chemical or hazardous materials. Purchases must be paid before they will be packaged for shipping. You will receive a separate invoice for your shipping total.
- MISSING ITEMS: We document the contents of each package. Please do not discard the original shipping box and packaging if you think something is missing or broken.
- PICK UP ITEMS: Pick Up will be strictly enforced so please be sure you or someone on your behalf can pick up your items on the day/time advertised. It will be the buyer’s responsibility to dismantle and disconnect any and all equipment and furniture. You will need to bring your own tools, packing materials, moving equipment, and manpower. Pick Up Scheduling will be a link on your invoice that will be emailed at the conclusion of the Auction. You will need to bring your paid invoice (Print or Digital) to the Pick Up. If you do not receive an invoice, please check your SPAM Folder or log in to your account and view Invoices. It’s the Buyer's responsibility to be certain all items are included before removing boxes from the premises.
BIDDING AND REGISTRATION INFORMATION:
BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable, Theurer Auction/Realty, LLC, has the right to reject the registration, and bidding activity will be terminated. The Seller and Theurer Auction/Realty, LLC, reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Theurer Auction/Realty, LLC, or in their sole opinion detrimental to Bidding Activity, then Theurer Auction/Realty, LLC, reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges.
MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified.
AUCTION END TIMES: Theurer Auction/Realty, LLC, online only auctions are timed events and all bidding will close at specified time. However, our auctions also have what is called an 'Auto Extend' feature. Any bid placed within the final 3 minutes of an auction results in the auction automatically extending 3 additional minutes. The bidding will extend in 3 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 3 minutes. Therefore, the auction will not close until all bidding parties are satisfied and no one can be outbid in the last seconds without having another opportunity to bid again.
TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Theurer Auction/Realty, LLC, reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Theurer Auction/Realty, LLC, shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the direction and discretion of Theurer Auction/Realty, LLC. Theurer Auction/Realty, LLC, reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Theurer Auction/Realty, LLC, are final.
Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Theurer Auction/Realty, LLC, and the Seller and that you, as the Bidder, are prepared to purchase items under these terms and conditions.
