Buck Up! Auction Services
Heather Kaspar TXL# 17037
(last revised: 09/14/2020)
Auction Terms and Conditions
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:
1. Auctioneer reserves the right to bar anyone from participating in the auction or refuse admittance.
2. 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, auction preview, or auction pick-up.
3. 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 bidding platform records an item as “SOLD.
4. There is a 14% Buyers Premium with a 4% discount on all cash purchases.
5. Items may not be removed from premises until paid in full by cash or credit card.
6. Children under the age of sixteen (16) are not allowed in the auction area unsupervised.
7. 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 and/or ag/farm exempt persons must fill out a resale and/or ag/farm exempt tax certificate at checkout.
8. Sale Procedure: 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. Once a sold message is sent to you via the online bidding platform, that sale will be recorded and the bid consummated.
A. Bids will be governed by preset bid increments.
1. Bids will increase by $1 up to $10
2. Bids over $10 will increase by $2 up to $20
3. Bids over $20 will increase by $5 up to $100
4. Bids over $100 will increase by $10 up to $500.00
5. Bids over $500 will increase by $25 up to $1000.00
6. Bids over $1000 will increase by $100 up to $5000.00
7. Bids over $5000 will increase by $250 up to $25,000.00
B. Before the start of the live auction online pre-bidding may be available. Pre-bidding on all online lots in this auction will close at 6 p.m. Central Daylight Time on day the Auction goes live. The online pre-bids determine the live auction starting bids for those items.
Items may be removed at the discretion of the auctioneer.
Should an item be removed for any reason, bidders that have placed a bid on the item may be notified via the contact information provided at Registration
9. Payment Terms: All purchases must be paid for and/or payment arrangements made and all fees satisfied at completion of sale. All payments are to be made by cash (US currency or credit card.)
A. Check approval guidelines:
1) Checks for invoice totals under $500 will be accepted with a valid Texas driver's license, if in good standing with the Auction company.
2) Checks for $500 and over will require a valid Texas driver's license and one of the following:
a. Letter of guarantee from your bank
b. Pre-approval letter on loan from your bank
c. Verification of line of credit from your bank
3) If you have a previous buying history with us; your check MAY be pre-approved, but must be pre-approved for each auction prior to sale day.
4) If one of these documents cannot be provided & there is no prior buying history, then fund verification will be required before the items can leave the auction site. Funds will be verified the next business day.
B. In the event that a check is returned or declined by the bank there will be a $35.00 returned check fee and the buyer will be barred from future auctions until their account is once again in good standing.
C. In the event that a buyer does not pay for their items the Auctioneer reserves the right to bar the buyer from any future auctions until their account is once again in good standing.
D. The Auction company will make every effort to contact the buyer (if the buyer has not set up a pick up time) through phone calls, text messaging, and e-mail to arrange payment and pickup. In the event that we are unable to contact the buyer and the buyer does not respond to our contact, we will consider the item(s) abandoned and we will contact the backup bidders to take the item. When this happens the bid difference (between the winning bid and the backup bid) will remain on the buyer's account and the buyer will be barred from future auctions until that difference is satisfied and the account is once again in good standing.
10. 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.
11. Changes to Auction Terms and Conditions: These Terms and Conditions are subject to change as amended. Any oral amendments made by the Auctioneer will supersede these Terms and Conditions and are final.
12. Delivery of Items: 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.
A. It is the responsibility of the buyers to make arrangements for pick up of items won within the publicized pick up date and times.
B. No guarantee of any kind, expressed or implied, can be made for pick up to happen outside that window of time.
C. Any items not picked up, will be forfeited and the bidder will not be allowed to bid in future auctions until the issue is resolved with the auctioneer.
D. If the items are at a location where they can be held longer, a $10 per day convenience fee will be added to the invoice. If, after 3 days, there is no remedy, the items will be forfeited.
E. Shipping arrangements MAY be made, and are the sole responsibility of the buyer. These responsibilities may include, but are not limited to: payment, arrangement of pick-up, packaging, communication between all parties. Shipping charges vary according to weight and size are to be determined once the item is packaged and weighed. All packaging will incur a $5.00 Handling Fee for packaging materials and time. Anything over 25 lbs, the buyer is responsible to provide a ups call tag or freight pick up at our Carmine, TX office location.
1) Once shipping costs have been determined they will be added to the invoice and a new invoice will be issued. Items will not be shipped until all costs have been satisfied.
2) Our preferred method of shipping is via the US Post Office. The flat rate boxes range in price from $7.15 (small - 8-5/8" x 5-3/8" x 1-5/8"), $13.60 (medium - 13-5/8" x 11-7/8" x 3-3/8") to $18.85 for large. The USPS offers insurance on packages, which will be added to the cost of the shipment at the buyers request.
13. 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.
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 may be required to verify identity, ensure that you are a person bidding and not a computer, 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 location mentioned on this auction listing.
Auction Method: Timed Online, with staggered close. Close will start at 6 PM & close 3 lots per minute, with auto-extend if lot is bid on in the final minute.
Auction Date: Auction opens on ______________ and closes on ___________
Pick Up Day is _________________________. You must bring your own packing materials and boxes. For heavy lifting and large items you will need to bring your own help.
Due to COVID-19 we are only allowed to have a certain amount of people at our pick up location at one certain time. Please do not bring anyone extra with you that is not there to help. If you are bringing people to help load, please let us know how many will be coming with you when you schedule your pick up time. PLEASE DO NOT come to the pick up location if you are sick and feeling ill. PLEASE DO NOT come any earlier or any later than your scheduled pick up time.
Only one person will be able to check out at a time due to COVID-19 and Social Distancing recommendations. PLEASE remain in your car until you see the person ahead of you drives off or the pick up crew calls you.
Call/Text Buck Up Auctions at 979.451.8725 or email at firstname.lastname@example.org with any questions.
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 will 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 Enterprises, LLCl, 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.
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)451-8725.