ONLINE PERSONAL PROPERTY AUCTION TERMS AND CONDITIONS

IMPORTANT POINTS FOR THIS AUCTION

PREVIEW – Friday, September 16, 2022, 2:00-5:00 pm

AUCTION END – Monday, September 26, 2022 – Lots begin to close at 3:00 pm

PICKUP – Tuesday, September 27, 2022, 10:00 am – 6:00 pm

FEES/TAXES –Buyer’s Premium: 10%; Sales Tax – 5.42%

GENERAL INFORMATION

G1 - Please read the terms carefully as they are a legal binding contract between you and Theurer Auction/Realty. To register and bid in this auction you must agree to these terms and are bound by them as a bidder. All disputes will be settled by arbitration in Sumner County, Kansas.

G2 - All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. All items must be considered used or previously owned property even if labeled as new in box. We cannot guarantee the item will be in full retail condition. Place your bids accordingly and read all descriptions and Terms prior to placing your bids. No refunds will be issued for any reason.

G3 - Items may appear to be grouped in a photo, or equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the written information and read the descriptions carefully. You are bidding on the described item not the photograph. Occasionally the wrong photo may be displayed. Contact our office if you are unclear as to what is included in a lot.

G4 - If you bid on the wrong item or decide an item is not suited for you, our clients are not willing to assume the cost of your mistakes. You cannot remove or lower a bid. When in doubt about condition, completeness, or suitability for intended use, ask before you bid. No bids will be removed once they have been placed.

G5 - Due diligence is the responsibility of the Bidder/Buyer. All sales are final – no credit card chargebacks will be allowed. Buyers assume complete responsibility for care of each purchase at time of sale – that is when the bidding ends on our website and you are the high bidder.

G6 - We reserve the right to refuse service to anyone.

G7 - The most recent correspondence with buyers via email or our website take precedence over written material and any prior verbal statements.

G8 - The auction company is not responsible for accidents, thefts, errors or omissions.

G9 - The auctioneer reserves the right to add or remove items from the auction, to split or combine lots, to add minimum bids or reserve prices, to cancel, suspend, extend or reschedule an individual item and/or auction event, or to make changes to the auction closing, inspection, or removal times.

G10 - BUYERS PREMIUM: A buyer’s premium will be added to each purchase. Buyer’s premium is 15% unless stated otherwise. If you bid $100.00, at checkout you will be charged $115.00. Each and every time you place a bid, you are required to confirm and agree to the bid.

AUCTION INFORMATION

A1 - AUCTION CLOSING: The closing time of this auction will be listed within the auction information page of our website. Once bidding closes, items you have won become your responsibility – make note of closing times!

A2 - Our auctions feature EXTENDED BIDDING. Bidding will extend on group of 5 lots for THREE minutes past the closing time if a bid has been placed on ANY lot within the last THREE minutes of the auction. That lot will remain open until there are no bids on that item during the extended time. This only affects lots with last minute bids. Any lot not bid on in the last three minutes will close as scheduled. Once the timer runs out, the lot will close. If you are unsure how much time is left to bid on an item, you can check the countdown timer for the lot you are interested in. Extending the end time for an item does not change the end time of the following item, so lots may end out of sequence.

There are occasions when we use Extend all bidding in an auction. In this case, ALL OR MULTIPLE lots are extended if a bid is placed in the last three minutes of the auction.

A3 – Some of our auctions feature STAGGERED ENDINGS. This means that our system will only attempt to close a certain number of lots at one time. If we say an auction closes at 12:30 p.m. that means 12:30 p.m. is the first time the system will attempt to close lots. Due to staggered endings and extended bidding, auctions rarely end completely at the scheduled end time.

A4 – This auction also features MAXIMUM BIDDING. When you place your MAX BID, the current bid price does not automatically go to your max bid. Someone else must bid to increase the current price and the computer will automatically bid up to your max in the increments specified. If someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder, or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. You will receive outbid notices via email, but you can also choose to have them sent to your cell phone via text message. If you are not able to be around a computer/mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you enter your MAX BID when bidding. Please remember, you can always raise your max bid, but you CANNOT lower it. Be aware of this while bidding. If you have any questions, please call us at 620.326.7315.

A5 - Bids will be placed in the order that they are received. If 2 buyers enter a max bid of the same dollar amount, the buyer who entered his/her max FIRST will be the bidder that is in at that price. If you bid a certain amount and see that the bid is indeed that amount, but you are not the 'Winning Bidder', that means that someone else had a max bid of that same amount and so their bid was placed into the system ahead of yours. The best way to know if you are outbid is to check your email as you should get an email every time you are outbid.

A6 - You will receive outbid notices via email. When registering for your online bidding account, you can choose to have them sent to your cell phone via text message as well. If you are not able to be around a computer/ mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you utilize the max bidding feature. Please remember, you can always raise your max bid, but you CANNOT lower it.

A7 – Theurer Auction/Realty, LLC, is not responsible for internet malfunctions, loss of connection or system glitches that may prevent you from placing last minute bids or receiving notices from our company. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing.

A8 - Email Responsibility: In order to register to bid in any online auction, you must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication and you will not receive any other method of bidding, registering, or invoice confirmation from our office, so make sure your emails are working. ALWAYS contact our office if you are not receiving proper emails from our company – we can help troubleshoot, but your server may not receive emails as consistently as others.

A9 - Your Bidding Profile: When you register to bid with Theurer Auction/Realty, LLC, and MarkNet Alliance, you must create a bidding profile. This profile contains your personal information – you can always view and edit your profile by logging into our website. It is your responsibility to ensure that all the information on that profile is VALID and CURRENT. We rely on that information to contact you and process payment. Address, Phone, Billing and Email information are particularly important! We are not responsible for emails being delivered to your Junk/Spam folder, or for your email address being wrong in our system. If you need help logging in or resetting information in your profile, contact our office.

A10 - Viewing Past Auctions, Winning Bids & Invoices: You can always view past auctions, winning bids and invoices through our website. To view past auctions, click on the auction results tab at the bottom of the home page. Within any past auction, you can always see the high bid and bidder by viewing the individual lot information. If you log into your profile, you can click the invoices tab to view all your past invoices from Theurer Auction/Realty, LLC. This is a great resource if your invoice email did not come through! You can also click on MY ITEMS and view all the individual items you have ever won through our website.

PAYMENT

P1 – All accounts must be settled by the conclusion of the auction Pickup unless specifically outlined otherwise. We accept Visa, MasterCard, and Discover cards, Cash, Cashier’s Check, Bank Wire or in-state personal check (PHOTO ID REQUIRED). Cash and/or check will only be accepted in person at the Pickup or in our office. No out of state checks will be accepted. Payment must be made prior to loading items. Each transaction necessary to collect insufficient funds will have a $30 fee imposed.

P2 - Any invoice over $1,500 will require cash, wire transfer or certified funds unless otherwise arranged with Theurer Auction/Realty, LLC, prior to end of sale. Credit/debit cards will not be accepted for invoices over $1500 or for payment of titled vehicles!

P3 - Valid credit card required for bidding approval. We will accept Visa, MasterCard, and Discover. A pre-auction authorization will be performed to establish available credit. Credit cards may show a hold on funds for a short period of time. NOTHING will be charged to your card until a purchase is made. Currency: USD only.

P4 - No credit card charge backs will be allowed. NO refunds will be given.

P5 – Theurer Auction/Realty, LLC, will charge Purchase Price, Buyer’s Premium, any hauling/handling charges, and applicable taxes, that you submit at time of registration up to $1500, if payment has not been received by the end of Pickup.

P6 - If charges are declined by the credit card processor a non-sufficient funds charge of $30 will be charged each time processing is denied. The buyer will be notified of NSF transactions through e-mail and be given 24 hours to contact Theurer Auction/Realty, LLC, with an alternative payment method.

P7 - If purchases are not settled within 3 business days of the close of the auction, they are considered in default. Upon default, the Bidder will be blacklisted on Theurer Auction/Realty, LLC, as well as MarkNet auctions until purchases are settled. The Bidder will be charged 25% of bid price or $500, whichever is greater, and the merchandise will be forfeited back to Theurer Auction/Realty, LLC.

P8 - Payment must be made prior to release of items won. You cannot pick up any items that have not been paid for in full.

P9 - Once you’ve paid, Theurer Auction/Realty, LLC, will send you an invoice via email with confirmation of items won, the purchase total and applicable fees as well as the pickup address. You MUST bring your paid in full invoice (printed or digital) with you to claim your items. If you do NOT receive an invoice, you can find the invoice in your profile on our website. You may also contact our office to resend the invoice. It is your responsibility to ensure you have your invoice before pickup time. Invoices do not automatically generate; please allow us time to create and email them. Invoices will be sent within TWO HOURS of completion of the Auction.

P10 - Titles, if applicable, will be disbursed on the auction Pickup Day ONLY IF payment is made in cash. Otherwise, titles will be processed and mailed 14 days after the auction Pickup, contingent upon confirmed payment.

LOAD OUT/PICKUP

L1 - Winning Bidders must pick up their items at the time specified on their invoice or scheduling program. This is the ONLY TIME that Pickup will be offered for this auction so pay close attention to the day and time. Pickup times will be determined after we know how many winning bidders there are, but before invoices are emailed. Your card on file will be charged for your purchase(s), plus any applicable fees and taxes, if payment has not been received by the end of Pickup. Any items left after the specified load out date will be considered forfeited. 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. A tractor will be available to assist with some of the larger items.

L2 - The specific times that are listed for pickup are the strict start and end times. We will not facilitate pickup BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pickup is scheduled to end. You need to arrive in time to pack and remove ALL your items before the end of pickup! We may assess a charge to any buyer that requires our staff to stay longer than the scheduled time.

L3 - If you are unable to pick up at the time listed on our website, you must send a representative to pick up for you or forfeit your items. You may be subject to a fee for leaving items behind.

L4 - The exact start and end times of Pickup will be relayed to winning bidders via email with paid invoice or scheduling program. You are responsible for ensuring you have your paid invoice. Our office will not assume responsibility for emails that did not arrive at your server.

L5 - Any item(s) remaining after five days of auction close are considered forfeited and become property of Theurer Auction/Realty, LLC. No refunds will be given. Any item(s) remaining on sale site after pick-up are also subject to forfeit with no refund given.

L6 - Items may only be removed upon receipt of payment in full. Paid in full invoice must be presented by buyer or assigned representative prior to loading items.

L7 - Any item(s) Theurer Auction/Realty, LLC, has to haul from sale site are subject to a $20+ per item hauling fee. This also applies to individuals who leave part of a lot behind or fail to attend Pickup without prior approval from the auction company.

L8 - Anyone who does not pick up their item(s) at the specified pick-up time is subject to a $20+ convenience fee.

L9 - You MUST bring your own tools, packing materials, moving equipment, and/or manpower required to remove your items at the specified pick-up time. Theurer Auction/Realty, LLC, reserves the right to charge a fee to any buyers that do not bring adequate help, requiring our staff to help move items for a buyer. Theurer Auction/Realty, LLC, also reserves the right to refuse to move an item that cannot be moved by the buyer him/herself. We will not wait for your additional help to arrive if it is outside the pickup times. Also, you may be asked to wait at the end of the line if you are not prepared to move or load your items in a timely manner. We may request to help those buyers who came prepared first. This policy is designed to keep Pickups speedy and efficient. We need our buyers to come prepared out of fairness to other buyers and to our seller.

L10 - If there is ANY damage done to an individual item or the pickup location due to the attempted removal of an item, the buyer assumes full responsibility for the damages incurred while retrieving his/her item.

L11 - SHIPPING: Shipping is NOT AVAILABLE on this Auction.

SPECIAL TERMS OF SALE

S1 - All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Theurer Auction/Realty, LLC, may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Theurer Auction/Realty, LLC, be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Some items may be listed as NIB/New in Box. Buyer should be aware that there will be several people that may handle each item during the Preview. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However, all property is sold AS-IS, and ALL SALES ARE FINAL.

S2 – There will be no international bidding/shipping available. If you register for the auction and are not in a Jurisdiction that a firearm can freely and legally be shipped to, your bidding account will be revoked.

S3 – Bidders who bid online understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Theurer Auction/Realty shall endeavor to describe in detail each item and any pertinent information about it. Theurer Auction/Realty will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.

S4 - Theurer Auction/Realty is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Theurer Auction/Realty, MarkNet Alliance, or anyone else if the Internet service fails to work correctly before or during the Online Auction. Theurer Auction/Realty will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction ends. Theurer Auction/Realty reserves the right to withdraw or re-catalog items in this auction.

S5 - The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected entered a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake.

S6 - The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.

S7 – Titles, if applicable, will be disbursed on the auction Pickup Day ONLY IF payment is made in cash. Otherwise, titles will be processed and mailed 14 days after the auction Pickup, contingent upon confirmed payment.

S8 - Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability.

S9 - If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.

S10 - Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.

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