PLEASE READ AND REVIEW THE TERMS THOROUGHLY BEFORE BIDDING
IF YOU HAVE NOT READ AND UNDERSTOOD THESE TERMS, PLEASE DO NOT BID!
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:
1. CATALOG: Theurer Auction/Realty 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.
2. PAYMENTS: There is a 10% Buyers Premium ($1,000 Max per Item) added to your total purchase. All sales are final. No refunds or exchanges. All accounts must be settled after the auction. We accept Cash, Checks, Certified Funds, Bank Wire Transfers, Visa, and MasterCard only. If paying by credit card, you will be charged for your purchases, plus buyers' premiums, plus a 3% Credit Card Fee, and any applicable taxes. NOTHING will be charged to your card until a purchase is made. Invoices over $1,500 or the purchase of a titled vehicle require Cash, Cashier's Check, or Bank Wire (Personal Check accepted only with pre-approval). Only Pickup bidders may pay by check or cash. Note: Checks may be processed on the day of the auction; ensure you have sufficient funds in your account. Each transaction necessary to collect insufficient funds will incur a $250 fee, in addition to the liability of Default of Buyer outlined below. Invoices over $10,000 require a wire transfer or a Cashier's Check.
3. 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 2% interest per month will 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, named as a party to any legal action resulting from either Bidders or Sellers failure to fulfill any obligations and undertakings as outlined in this contractual agreement.
4. PICK UP ITEMS: All pickups are scheduled in advance. Please review the auction description for the pickup time and location details. It's the Buyer's responsibility to be certain all items are included before leaving the premises. Items not picked up can incur both a moving and/or storage fee. Auctioneer and seller are not responsible for any items that are not picked up. Items not picked up by the scheduled pickup time are subject to loss.
5. TITLES: Vehicle titles will be issued within seven business days of payment. Purchase price of the vehicle will be the High Bid + Buyer's Premium. Titles can be picked up at our office or mailed. There will be a $10 fee for any title that is mailed.
5. 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 all activity involving their account. If the registered bidder's username is deemed offensive by Theurer Auction/Realty, LLC, or in their sole opinion, detrimental to Bidding Activity. In that case, Theurer Auction/Realty, LLC reserves the right to delete the bidder from bidding or unilaterally change the username, providing notification to the Bidder. When using the website, you must comply with all applicable local, state, and federal laws. Violations will result in the termination of website use privileges.
6. MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder must bid to increase the current price, and the computer will automatically bid up to your maximum in the specified increments.
7. AUCTION END TIMES: Theurer Auction/Realty, LLC, online only auctions are timed events, and all bidding will close at the specified time. However, our auctions also feature an Auto Extend option. Any bid placed within the final five minutes of an auction results in the auction automatically extending five additional minutes. The bidding will extend in five-minute increments from the time the last bid is placed until there are no more bids, and the lot will remain idle for an additional five minutes. Therefore, the auction will not close until all bidding parties are satisfied, and no one can be outbid at the last second without having another opportunity to bid again.
8. 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, reserves the right to extend bidding, continue the bidding, or close the bidding in its sole discretion. 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.
9. 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 bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction before the close of bidding. All decisions of Theurer Auction/Realty, LLC, are final. Auctioneer reserves the right to bid on behalf of heirs, lien holders, sellers, absentee bidders, financial institutions, corporate entities, reserves, or themselves. 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.
