Buck Up! Auction Services
Heather Kaspar TXL# 17037
Marketplace 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:
Auctioneer reserves the right to bar anyone from participating in the auction or refuse admittance.
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.
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, warranty, or representation. Prospective bidders should inspect the Item before bidding to determine condition, size, etc. Scheduling a property preview MAY BE available through text (979.451.8725) or email at email@example.com. 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.”
Online catalog and images are created by each independent seller. It is the responsibility of the Seller to adequately describe all items listed in the online catalog. 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. BE YOUR OWN JUDGE. 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.
There is a 15% Buyer’s Premium on all purchases which will be retained in its entirety by Buck Up Auctions.
Children under the age of sixteen (16) are not allowed in the auction area unsupervised.
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:
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;
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;
If tax exempt, resellers and/or ag/farm exempt persons must complete a resale and/or ag/farm exempt tax certificate and email to firstname.lastname@example.org prior to the end of the sale.
The Seller and Auction Company reserve the right to prohibit any person from bidding not in good standing with Auction Company.
Sale Procedure: Unless designated by the Auctioneer, all sales will be deemed consummated when the Auctioneer/Bidding Platform says “SOLD”, with the final invoice showing the Buyer’s bid badge number (Bidder Number), sale price, 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.
Auctioneer has a right to accept or reject all bids.
Bids will be governed by preset bid increments.
Bids will increase by $1 up to $10
Bids over $10 will increase by $2 up to $20
Bids over $20 will increase by $5 up to $100
Bids over $100 will increase by $10 up to $500.00
Bids over $500 will increase by $25 up to $1,000.00
Bids over $1000 will increase by $50 up to $5000.00
Bids over $5000 will increase by $100
Bidding increments may be adjusted by Auctioneer at any time with a bidding alert being sent out to all registered bidders.
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.
Under no circumstance shall Representative have any kind of claim against Buck Up Auctions, Heather Kaspar, Auctioneer or any of Buck Up Auctions assigns if the internet service, software, and/or payment source fails to work properly before or during, the online, live/simulcast auction.
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 until the auctioneers/bidding platform 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 unless expressed in writing. The Auctioneer will call the sale and control any increments of bidding. The bidder’s number is non-transferable.
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 may be controlled both by the auctioneer personally and by the online bidding program. Buck Up Enterprises, LLC, 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.
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.
Payment Terms: PRE-AUTHORIZATION: A $1.00 pre-authorization amount will be applied to your credit card for each auction you bid in. This is a pending-only charge meant to verify your credit card. This charge will not post permanently to your account and will automatically drop off. If there are any questions, feel free to contact us at email@example.com.
For additional information regarding the privacy of your sensitive cardholder data, please read the https://www.authorize.net/en-anz/about-us/privacy.html.
After each auction the credit cards on file will be charged and a "paid in full" invoice will be sent via email. Accepted forms of payment include Visa, MasterCard, or Discover.
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 credit card.
In the event that a buyer does not pay for their items the Auctioneer reserves the right to ban/suspend the buyer from any future auctions until their account is once again in good standing.
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 purchase 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 suspended from future auctions until that difference is satisfied and the account is once again in good standing.
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. All items will be assumed AS IS, WHERE IS, with no warranty expressed or implied. Auctioneer is 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.
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 registered buyer when Auctioneer is paid with collected funds.
PICK UP: Pick up will be scheduled through each individual seller. The seller’s information will be sent via email to the email you registered with to bid with Buck Up Auctions.
You must bring your own packing materials and boxes. For heavy lifting and large items you will need to bring your own help.
It is the responsibility of the buyers to make arrangements for pick up of items won within the publicized pick up date and times.
No guarantee of any kind, expressed or implied, can be made for pick up to happen outside that window of time.
Any items not picked up within 10 days will be forfeited and no refund will be made..
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 $10.00 Handling Fee for packaging material and time.
Once shipping costs have been determined they will be added to a new invoice and the invoice will be sent via email. Items will not be shipped until all costs have been satisfied.
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.
Auctioneer’s Note: Buck Up! Enterprises, LLC – dba Buck Up Auctions, has been contracted to sell the personal property at the location mentioned on this auction listing and correspondence..
Auction Method: Timed Online, with staggered close. Auction will close 3 lots per minute, with auto-extend if lot is bid on in the final minute. Each time an item is bid on, in the final minute of closing, an additional minute will be added to the close time.
Auction Date: Auction opens for bidding on Monday, April 11, 2022 at 6PM and will begin closing on Sunday, April 24, 2022 at 6PM.
Due to COVID-19 we are managing the number of people at a pick up location at one certain time. 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. If you do arrive early, remain in your vehicle and call/text 979.451.8725 for instructions.
Call/Text Buck Up Auctions at 979.451.8725 or email at firstname.lastname@example.org with any questions.
Changes to Auction Terms and Conditions: These Terms and Conditions are subject to change and/or can be amended. Any oral amendments made by the Auctioneer will supersede these Terms and Conditions and are final.
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.
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.
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 is required to verify identity, ensure that you are a person bidding and not a computer, and funds availability. 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.
Corrections or Amendments: Any corrections and or amendments will be posted to the Auctioneers Website at buckupauctions.bidwrangler.com
Prospective buyer(s) will be solely responsible for reviewing any and all possible updated material.
Buck Up! Enterprises, LLC – dba Buck Up Auctions, at 979.451.8725