Metal Heart Garden Stake and Snowman Spinner Stake

Auction Terms & Conditions

Welcome to Beloit Auction! All items in this auction are located at 534 West Grand Avenue, Beloit, WI. The following terms and conditions apply to this auction:

(1.) Bidder Registration

YOU must register to bid. Auctioneer may establish registration requirements and qualification criteria, as determined in Auctioneer’s discretion.
You must provide identifying and financial information as requested. Auctioneer may refuse to register any bidder, revoke bidding privileges, or allow unregistered bidders to participate.
By bidding, all bidders agree to these Terms & Conditions, which form part of the Offer to Purchase.
Each bidder is assigned a unique bidder number. All bids are irrevocable and binding.

(2.) Account Responsibility

Bidders are responsible for maintaining the confidentiality of their username and password.
You are liable for ANY and ALL activity conducted under your account.

(3.) Auctioneer’s Discretion

Auctioneer reserves the right to reject any bid, regulate bidding increments, resolve bidding disputes, and re-offer any lot at its discretion.
Auctioneer’s record of bids, transactions, and communications shall be deemed final and conclusive in all disputes.
Auctioneer’s decision shall be final in all cases.

(4.) Property Condition

All property is sold “AS IS, WHERE IS, WITH ALL FAULTS.”
Neither Auctioneer nor Seller makes any representations or warranties, express or implied, regarding authenticity, condition, merchantability, fitness for a purpose, or non-infringement.
Photographs and descriptions are provided as a convenience only. It is your responsibility to inspect lots in person or rely on images provided.
All sales are final. No refunds or returns.

(5.) Payment Terms

Pickup/Payment Hours:
Thursday: 10:00 AM – 5:30 PM
Friday: 10:00 AM – 5:30 PM
Saturday: 10:00 AM – 12:00 PM
Buyer’s Fee: 16% added to the final bid price + applicable sales tax.
Buyer’s Premium: The Buyer’s Premium is earned by the Auctioneer as compensation and is non-refundable under any circumstances.
Card Payments: An additional 3.5% convenience fee applies.
Cash/Wire Requirement:
All invoices $1,500+
Invoices containing $300+ in sensitive items (gold, silver, coins, currency, jewelry, marine, powersports, trailers, or motorized vehicles)
Auctioneer reserves the right to require cash or wire on any invoice to prevent fraud.
Accepted Forms of Payment: Cash, Wire Transfer, Visa, MasterCard, Discover, American Express, Debit.
No Checks Accepted.

(6.) No Chargebacks

Buyer agrees not to initiate credit card chargebacks or payment disputes.
In the event of a chargeback, Buyer remains liable for the full purchase price plus attorney’s fees, collection costs, and any fees imposed on Auctioneer.

(7.) Default & Remedies

If Buyer fails to pay in full or fails to pick up purchases, Auctioneer may, at its discretion, resell the property, pursue collection, or take legal action.
Buyer will be responsible for all deficiencies, storage, handling, resale fees, interest (1.5% per month), attorney’s fees, and costs of collection.

(8.) Pickup & Removal

Items must be picked up by Saturday at 12:00 PM. Beloit Auction is closed to the public on Mondays and Tuesdays.
A $30 disposal/handling fee (plus tax) applies to unpaid/unclaimed items, charged automatically to your card on file.
Items not removed the following week on Wednesday (between 1:00 PM and 4:00 PM) will be deemed abandoned. Ownership rights will be forfeited and items may be disposed of or resold.
Failed card payments will result in account suspension, a $50 service charge (minimum), and possible permanent ban or legal action.
Bring your own help and packing materials. Auction staff do not load or pack purchases.

(9.) Shipping

If you request shipping, a separate invoice will be issued covering shipping, handling, and insurance charges. Packaging begins on the Saturday immediately following the close of the auction. Cancelling a shipping request after 12:00 PM on Saturday will result in a minimum $30 fee to cover packing materials and labor already performed.

(10.) Alcohol Purchases

Buyers must be 21 years of age or older to purchase unopened bottles of alcohol.

(11.) Firearm Purchases

All federal and state firearms laws will be strictly followed. Background checks are mandatory and must be successfully completed before any transfer.

Payment Requirement: Firearm purchases and background check fees must be paid in full prior to conducting the background check.
Failed Background Checks: Buyers who do not pass agree to consign the firearm into an upcoming auction. No refunds will be issued.
Out-of-State Buyers: All firearms purchased by out-of-state buyers must be transferred through a licensed FFL dealer in the buyer’s state of residence. At Auctioneer’s discretion, firearms may either be shipped or delivered directly to the buyer’s chosen FFL. Buyer is responsible for providing accurate FFL information and for all shipping, delivery, and transfer fees charged by the receiving dealer.
Processing Fees: $25 per firearm, with a maximum of $50 per buyer (regardless of number of firearms purchased).
Buyer Responsibility: Some firearms may be restricted or prohibited in certain jurisdictions. It is solely your responsibility to verify legal eligibility before bidding.
Liability Waiver: By bidding, you release Auctioneer and Seller from all liability (civil or criminal) arising from the purchase, ownership, possession, use, or misuse of any firearm.
Safety Disclaimer: All firearms should be inspected by a qualified gunsmith prior to use. Always observe appropriate firearm safety, including treating every gun as loaded and using proper eye and ear protection.

(12.) Communications

By registering, you agree Beloit Auction may contact you via email, text, or phone regarding invoices, pickup, shipping, or other auction-related matters.
By registering, you also consent to be added to Beloit Auction’s email mailing list to receive future auction notifications, newsletters, and promotional updates. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in the email or by contacting our office. Transactional emails related to your bids and purchases cannot be unsubscribed from.

(13.) Theft & Tampering

Anyone caught tampering with merchandise, tags, or shoplifting will be prosecuted.

(14.) Descriptions

Auctioneer will not be responsible for description inconsistencies. Buyers must inspect and verify before bidding.

(15.) Legal Contract (UCC §2-328)

At closing of each lot, a legally binding contract of sale is created.
Buyers are responsible for safeguarding purchases at pickup.

(16.) Buyer Responsibility

Buyers must provide their own packing, boxes, vehicles, and loading help.

(17.) Auctioneer Bidding

Beloit Auction staff may bid on and purchase merchandise.

(18.) Sales Tax & Exemptions

Valid exemption certificate must be submitted before bidding. No retroactive tax refunds.
Sales tax will be collected as required by law based on the jurisdiction where the sale is deemed to occur. Buyers are responsible for reporting and paying any use tax owed in their state.

(19.) Right to Withdraw Lots

Auctioneer/Seller may add, delete, or withdraw lots at any time before or during the auction.

(20.) Indemnification

Bidders agree to indemnify and hold harmless Beloit Auction & Realty, Inc., its owners, staff, and Seller against all claims or damages arising from participation in the auction or use of purchased property.

(21.) Force Majeure

Beloit Auction is not liable for delays caused by events beyond control (natural disasters, internet failures, strikes, fire, governmental action, etc.).

(22.) Age Requirement

Bidders must be at least 18 years old to register; 21 for alcohol and other restricted items.

(23.) Premises Liability Waiver

All persons enter auction premises or pickup locations at their own risk. Beloit Auction is not liable for accidents, injuries, or property damage.

(24.) Media & Marketing Use

By participating in this auction, Buyer consents to the use of photographs, video, or audio recordings from preview, bidding, or pickup for Auctioneer’s marketing or promotional purposes.

(25.) Staggered Closing

Online auctions use staggered closing. Selected lots close every minute as scheduled.

(26.) Soft Close

If a bid is placed within 90 seconds of closing, the lot is extended 90 seconds until no further bids are placed.

(27.) Technology Disclaimer

Auctioneer is not responsible for interruptions, errors, or software failures.
Auctioneer may void or resell lots affected by technical malfunctions.
Auctioneer’s decision is final.

(28.) Severability

If any provision is found invalid, remaining provisions remain in full force.

(29.) Governing Law & Venue

These Terms are governed by the laws of the State of Wisconsin.
Venue for all disputes shall be exclusively in Rock County, Wisconsin.
Buyer agrees Auctioneer is entitled to recover time, costs, and attorney’s fees as damages in any legal action.

(30.) Limitation of Liability

Auctioneer’s liability to any bidder shall be limited to a refund of amounts actually paid for the item in dispute and shall not exceed the purchase price of such item.
In no event shall Auctioneer be liable for special, incidental, or consequential damages.

Request shipping or pick up in-person at 534 W. Grand Avenue, Beloit, WI during the following times:

Thursday from 10:00 AM - 5:30 PM
Friday from 10:00 AM - 5:30 PM
Saturday from 10:00 AM - 12:00 PM