PERSONAL PROPERTY AUCTION TERMS AND CONDITIONS
Thank you for attending today’s auction. Good luck!
All bidders must register acknowledging that they have read and agree to these “Terms and Conditions” of the sale as outlined prior to bidding. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Registration at the auction finalizes each bidder's agreement to the terms and conditions of the sale. Do not bid until you have read the terms and conditions. Bidders may register online to bid at auction. There is no fee to register although a valid credit card will be required to verify identity and funds. By bidding you are representing to Buck Up Enterprises, LLC., Buck Up Auctions, ("Agent" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures.
Auctioneer’s Note: Buck Up! Enterprises, LLC – dba Buck Up Auctions, has been contracted to sell the personal property at Blaschke Estate.
Property Description: Liquidation of personal property for BlaschkeEstate.
Auction Method: Live On-Site.
Auction Date: August 25, 2018
Sale Time: 10 AM
Inspection/Preview: Friday, August 24, 2018 from 4 to 7 PM. Call/Email/Text Auctioneer for questions at 979.421.0325 or email: firstname.lastname@example.org
Buyer’s Premium: There is a 14% buyer’s premium. 4% discount for cash and approved checks. Checks must be approved BEFORE auction day.
Announcements: All announcements made during the auction take precedence over any and all previously written advertisements or any prior written or verbal terms of sale.
Bidding Process: No bid may be withdrawn by a bidder once made to the Auctioneer. All bids are an irrevocable offer to buy and shall remain valid and enforceable to until the Auctioneers declares the property “sold” and the auction has concluded. The Auctioneer reserves the right, but has no obligation, to bid on behalf of the seller. The Auctioneer will call the sale and control any increments of bidding. The bidder’s number is nontransferable.
Internet Bidding: This auction MAY feature real-time online bidding. Bids may be taken from both online bidders and bidders placing their max bid, allowing the platform to bid on their behalf. The sale will be controlled both by the auctioneer personally and by the online bidding program. Buck Up Auctions, and its affiliates and assigns are not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. In the event of a dispute or loss of internet bidding platform functionality, the online bidders and bidders that have placed a max bid, accept that the auctioneer may re-open the bidding at the auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid.
Delivery: Buyers may pick up items on-site after presenting a paid receipt to the load out person. Freight arrangements are the responsibility of the buyer. Contact for a freight broker can be provided. Arrangement for the removal of large items can be made for up to one week after the close of the auction. All items must be paid for at the end of sale or buyer is in default.
There will be signs out showing where the auction is taking place.
Additional Terms: Auction Terms and Conditions set forth between Purchaser (Bidder), hereafter called Buyer, and Buck Up! Auction Services, Heather Kaspar, hereafter called Auctioneer, are as follows:
*Auctioneer is not liable for any person, event, or claim for injury or damage to any person or property of any kind or nature including acts of God. Auctioneer makes no claim, warranty expressed or implied, or any other representation as to the nature, condition, make, model, or function of any property real or personal (hereafter called Item) at this auction.
*Unless specified by the Auctioneer, all items will be sold AS IS, WHERE IS, with no guarantees expressed or implied. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warrantee, or representation. Prospective bidders should inspect the Item before bidding to determine condition, size, etc. No refunds or credits will be issued. Buyer assumes all responsibility or damages to the Item or for injury caused by the Item when the Auctioneer says “SOLD.”
* Items may not be removed from premises until paid in full by approved means.
* Children under the age of sixteen (16) are not allowed in the auction area.
* Buyer (Bidder) Eligibility: Buyer must be at least 18 years of age and have a picture ID. By participating as Bidder in any Auction Sale, the bidder represents that he/she is:
a. Subject to the Auction Terms and Conditions contained herein and other applicable auction rules, including but not limited to any local auction rules, as a condition of doing business at the Auction;
b. Registered with Auctioneer to purchase. Persons shall be considered registered if the person has completed all registration requirements of Seller and Auctioneer. Application for registration shall constitute authorization for Auctioneer to investigate and verify all information provided to Auctioneer;
c. If tax exempt, resellers must fill out a resale tax certificate upon registering as a bidder to receive a buyer’s number.
d. If ag/farm exempt, buyers must fill out an Ag/Farm exempt form upon registering as a bidder to receive a buyer's number.
*Unless designated by the Auctioneer, all sales will be deemed consummated when the Auctioneer says “SOLD”, with the Auctioneer calling out the Buyer’s bid badge number (Bidder Number) and sale price, and the block clerk recording that sale and all specific terms thereof. All sales shall be final and legally binding only when the highest bid is accepted by the Seller and recorded or a subsequent offer or counteroffer is accepted and recorded. The Seller and/or Buyer will be bound by the written record of the purchase and sale and the terms thereof, as orally announced to such parties. In the case of a tie bid, at the Auctioneer’s discretion, bidding will be re-opened between the two parties in question ONLY. The Auctioneer’s decision on tie bids is final.
*Payment Terms: All purchases must be paid for and all fees satisfied on day of sale. All payments are to be made via the online bidding platform. All major credit cards are accepted.
*Warranties: Seller covenants, guarantees, and warrants that with respect to each Item assigned for sale through the Auction that title to the item will be transferred valid and free from all defects, liens, and encumbrances. Unless specified by the Auctioneer all items will be assumed AS IS, WHERE IS, with no warranty expressed or implied. Auctioneer and Seller are not responsible for any loss or damage to property at any time. All decisions and conditions of sale set forth by the Auctioneer at the time of sale are FINAL.
*Changes to Auction Terms and Conditions: These Terms and Conditions are subject to change as amended. Any oral or written amendments made by the Auctioneer will supersede these Terms and Conditions and are final.
*No item shall be delivered to Buyer before final payment is received by Auctioneer in collected funds and no Item shall leave the premises until all financial obligations related to the sale of the Item are met, including but not limited to all tax, title, and licensing fees. Ownership shall pass to the Buyer when Auctioneer is paid with collected funds.
*Firearm buyers may be subject to a background check and agree to provide a copy of their driver's license and complete all paperwork necessary to complete the transaction.
*Miscellaneous: No waiver of the provisions hereof shall be effective unless in writing and signed by Auctioneer. The Auction Terms and Conditions shall bind the respective heirs, executors, administrators, successors, and assigns of the Buyer and inure to the benefit of Auctioneer and Seller and its successors, assigns and subrogates. These Auction Terms and Conditions and any and all agreements or authorizations executed by Buyer or Seller in connection herewith shall be governed by and interpreted in accordance with the substantive laws of Texas without resort to principles of conflicts of laws. By execution of these Auction Terms and Conditions, the Buyer submits to the personal exclusive jurisdiction of the courts of the State of Texas and to venue in the Circuit and Superior Courts of Fayette County, Texas, and the Federal Courts of the United States, sitting in Austin, Texas for the adjudication of any matters arising under or in connection with these Auction Terms and Conditions. Any action initiated by the Buyer against Auctioneer or Seller relating to these Auction Terms and Conditions shall be conducted in said Courts. Auctioneer may bring any suit against Buyer under or related to these Auction Terms and Conditions in any Court of competent jurisdiction.
Disclaimer: Information supplied about this personal property and all supplied material is subject to the terms and conditions in this agreement. The property is being offered to the highest bidder “AS IS”, “Where IS” and no warranty or guaranty is expressed or implied, concerning the property made by the Seller, Auction Company or broker.
Each potential buyer is encouraged to perform his/her own independent inspections, inquiries and due diligence concerning the described property (at buyer’s expense). The information is being furnished to bidders for the bidder’s convenience and it is the responsibility of the bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient’s risk. All information is taken from sources deemed to be accurate and reliable, all measurements are approximate and not to scale. The seller and the auctioneers, Buck Up Enterprises, LLC. – dba Buck Up Auctions, contractors, employees, firm, affiliates or assigns assume no liability in this matter. Any and all announcements made during the duration of the auction take precedence over any and all previously written advertisements or any prior written or verbal terms of sale but shall in no event form the basis of any representation or warranty by seller or auctioneers. Auctioneer has a right to accept or reject all bids. The Seller and Auction Company reserve the right to prohibit any person from bidding not in good standing with Auction Company. In case of a tie or disputed bid, the Auctioneer reserves the right to re-open the bidding to determine the highest bid and settle the disputed bid. This is at the sole discretion of the Auctioneer. All decisions made by Auctioneer and or Broker are final.
Indemnification of Auctioneer: Buyer jointly and agrees to indemnify and hold Auctioneer, their agents, principals, associates, affiliates, assigns and employees harmless against any and all losses, claims, damages or liabilities and expenses not resulting from Auctioneer’s bad faith or gross negligence, including costs of investigation, attorney fees, and disbursements, which may be imposed upon or incurred by agent or closer hereunder relative to the performance of their duties related to the parties or the property, including without limitation any litigation arising from or in respect of this contract or the transactions contemplated hereby. Auctioneer shall not be liable for any error of judgment or for any act done or omitted by them in good faith. Auctioneer is authorized to act on any document believed by them in good faith to be executed by the proper party or parties, and will incur no liability in so acting. Auctioneer is in all respects and for all purposes third party beneficiaries of this contract to the extent that this contract would entitle them to rights or benefits if they were signatory parties hereto, and each of them is entitled to enforce such rights and benefits, as herein provided, to the same extent they would be entitled if they were such signatory parties. ANY INDEMNIFICATION, DEFENSE OR HOLD HARMLESS OBLIGATION OF BUYER FOR THE BENEFIT OF SELLER OR AUCTIONEER IN THIS CONTRACT SHALL SURVIVE THE CLOSING AND/OR TERMINATION OF THIS CONTRACT.
Corrections or Amendments: Any corrections and or amendments will be posted to the Auctioneers Website at www.buckupauctions.com.
Prospective buyer(s) will be solely responsible for reviewing any and all possible
Buck Up! Enterprises, LLC – dba Buck Up Auctions, at (979)421-0325.