ONLINE PERSONAL PROPERTY TERMS & CONDITIONS
PREVIEW DATE:
DATE from 12:00 noon to 5:00 p.m.
PAYMENT / PICK-UP DATE:
DATE from 12:00 noon to 6:00 p.m.
TERMS:
Auction Premium: There will be a 10% Auction Premium added to the winning bid. The sum of the winning bid plus the Auction Premium shall constitute the total purchase price.
ONLINE AUCTION ENDING TIMES:
Ford Brothers, Inc. Online Auctions are timed events, and all bidding will close at the specified time. Ford Brothers, Inc. Online Auctions feature an auto-extend function. If a bid is placed within the final five (5) minutes of an auction, the auction ending time will automatically extend an additional five (5) minutes from the time the bid was placed. Example: If an auction scheduled to close at 6:00 PM receives a bid at 5:59 PM, the closing time will automatically extend to 6:05 PM. The auto-extend feature remains active until no further bids are received within a five (5) minute period.
STAGGERED CLOSING:
This online auction features staggered closing intervals. Depending upon the size of the auction and number of lots, multiple lots may begin closing simultaneously in scheduled intervals. Please monitor the countdown timer for the specific closing time of each lot and review auction announcements for additional details regarding staggered closing intervals.
SERVER, SOFTWARE & INTERNET ISSUES:
In the event of technical difficulties related to the server, software, internet connectivity, mobile devices, computers, or any other online auction-related technologies, Ford Brothers, Inc. reserves the right to extend bidding, continue bidding, reopen bidding, close bidding, cancel bidding, or resell any item(s) at its sole discretion. Neither the company providing the software nor Ford Brothers, Inc. shall be held responsible for missed bids, delayed bids, failed bids, internet outages, loss of connectivity, bidder device malfunctions, or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary by Ford Brothers, Inc.
Ford Brothers, Inc. reserves the right to reject any bid, suspend bidding activity, revoke bidding privileges, remove any bidder, or deny access to the auction platform at its sole discretion.
In the event of a disputed bid, tie bid, bidding interruption, clerking issue, lotting issue, quantity issue, or other auction-related dispute, Ford Brothers, Inc. reserves the right to determine the successful bidder, reopen bidding, continue bidding, cancel bidding, remove any item(s), or resell any item(s) at its sole discretion. All decisions of the Auctioneer shall be final.
BIDDER VERIFICATION:
The identity of all bidders will be verified. Bidding rights are provisional, and Ford Brothers, Inc. reserves the right to reject any bidder registration if complete verification is not possible or if there are concerns regarding the bidder’s eligibility, conduct, financial ability, or bidding history.
Bidders agree to keep their username, password, and bidder information confidential and are responsible for all activity associated with their account.
By registering and placing bids, bidder acknowledges acceptance of all auction terms and conditions. Electronic records, electronic signatures, acknowledgements, and bidding activity shall be deemed valid and enforceable pursuant to applicable Kentucky law.
AS-IS / WHERE-IS CONDITION:
All personal property is sold in “AS IS, WHERE IS” condition with no warranties or guarantees, expressed or implied. ALL SALES ARE FINAL. Bidder understands and agrees that no refunds, returns, exchanges, adjustments, chargebacks, or cancellations will be allowed for any reason.
All property is available for inspection at the specified preview times, and it is solely the bidder’s responsibility to determine condition, authenticity, value, completeness, suitability, age, functionality, or fitness for a particular purpose prior to bidding. Failure to inspect any item or lot shall not constitute grounds for any claim, refund, adjustment, chargeback, or rescission of sale.
All descriptions, photographs, dimensions, and information provided are believed to be accurate but are not guaranteed. Auctioneer makes no warranty or guarantee of any kind regarding condition, authenticity, provenance, manufacturer, age, source, completeness, suitability, operability, or fitness for a particular purpose.
Ford Brothers, Inc. reserves the right to modify, change, remove, merge, split, regroup, or withdraw any lot or item prior to or during the auction process.
PAYMENT, PICKUP, SHIPPING & STORAGE TERMS:
PICKUP / PAYMENT TERMS:
Pickup and payment shall occur on DATE from 12:00 noon until 6:00 p.m. Accepted forms of payment include cash, cashier’s check, personal or business check, Visa, Mastercard, American Express, Discover, or wire transfer. Purchases exceeding $500.00 may, at the Auctioneer’s discretion, require payment by cash, cashier’s check, personal or business check, or wire transfer. Any wire transfer fees shall be the responsibility of the purchaser.
Any invoice not paid in full by DATE at 6:00 p.m. may automatically be charged to the credit card provided during registration.
All bids are binding and irrevocable. Bid retractions are not permitted.
LARGE ITEM PICKUP:
Ford Brothers, Inc. DOES NOT provide shipping, transportation, moving, loading, packaging, or shipping preparation services for items larger than the size of the largest United States Postal Service flat-rate shipping box. Removal, loading, transportation, labor, moving equipment, packaging, and shipping arrangements for oversized items shall be solely the responsibility of the purchaser.
SHIPPING TERMS:
Shipping and shipping preparation for qualifying items shall be subject to a $10.00 processing and handling fee per box, plus all shipping costs. Buyers shall pay all shipping charges prior to shipment.
Shipping insurance may be available through the shipping carrier at the buyer’s expense. Once any item is delivered to a shipping carrier, all risk of loss and damage shall transfer to the purchaser. Ford Brothers, Inc. and Seller shall not be responsible for lost, stolen, delayed, or damaged packages.
INVOICE PAYMENT TERMS:
Invoices totaling more than $1,000.00 may, at the Auctioneer’s discretion, require payment via wire transfer. Wiring instructions shall be provided upon request.
ITEM TRANSPORTATION:
Ford Brothers, Inc. must be notified by phone or email at [email protected] regarding any items that cannot be picked up during the scheduled pickup period. Failure to notify Ford Brothers, Inc. may result in forfeiture of items.
Items transported to a Ford Brothers facility shall incur a transportation fee of $25.00 per lot ($5.00 per lot for coins and jewelry). Items weighing more than 100 pounds or larger than 24 inches x 24 inches x 48 inches will not be shipped or transferred by Ford Brothers, Inc.
Transported items must still be paid for according to auction terms and will be transferred at Ford Brothers’ earliest convenience.
STORAGE & ABANDONED PROPERTY:
Any item stored at a Ford Brothers facility beyond forty-eight (48) hours following the designated pickup date shall incur a storage fee of $1.00 per day, per lot.
Any item not removed within five (5) business days following the designated pickup date shall be deemed abandoned property. Ford Brothers, Inc. may, at its sole discretion, resell, discard, donate, or otherwise dispose of abandoned items without notice to the purchaser. No refunds shall be issued for abandoned or forfeited items.
SALES TAX:
Kentucky Sales Tax (6%) shall be added to the purchase price where applicable. Dealers, agricultural exemptions, and resale tax-exempt purchasers must provide proper documentation acceptable to the Auctioneer at the time of payment.
AUCTION BIDDER DEFAULT:
Default by Buyer: If the Buyer fails to comply with any of the terms and conditions of the auction, including but not limited to failure to make payment, failure to remove purchased items, failure to complete the purchase transaction, chargeback attempts, payment reversals, or failure to otherwise comply with auction terms, the Buyer shall be deemed to be in default. Failure to complete payment and removal of purchased items shall constitute a material breach of the auction terms.
Seller’s and Ford Brothers, Inc.’s Remedies: Upon default by the Buyer, Seller and/or Ford Brothers, Inc. may elect, in their sole discretion, to pursue any one or more of the following remedies, in addition to any remedies otherwise available under Kentucky law:
- FORFEITURE OF PURCHASES & PAYMENTS
Any payments made by Buyer may be retained by Seller and/or Ford Brothers, Inc. as liquidated damages and not as a penalty, pursuant to applicable Kentucky law. - RESALE OF PROPERTY
Seller and/or Ford Brothers, Inc. may resell any item(s) purchased by the defaulting Buyer through public auction, private sale, or any other method deemed appropriate. Buyer shall be liable for any deficiency between the original purchase price and resale price, together with all commissions, costs, attorney fees, labor expenses, advertising expenses, storage fees, transportation costs, and resale expenses incurred. - COLLECTION COSTS & ATTORNEY FEES
Buyer shall be responsible for all attorney fees, court costs, collection expenses, chargeback fees, and litigation expenses incurred by Seller and/or Ford Brothers, Inc. resulting from Buyer’s default, to the extent permitted by Kentucky law. - REVOCATION OF BIDDING PRIVILEGES
Any Buyer determined to be in default may, at the sole discretion of Ford Brothers, Inc., lose all bidding privileges for future Ford Brothers, Inc. auctions and affiliated MarkNet Alliance auctions. - SURVIVAL OF OBLIGATIONS
Buyer’s obligations for deficiencies, damages, attorney fees, costs, storage fees, transportation fees, and collection expenses shall survive completion, cancellation, termination, or resale of the transaction.
GOVERNING LAW & VENUE:
All auction terms, conditions, bidding activity, purchases, disputes, and related transactions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Kentucky.
Any dispute between Ford Brothers, Inc., its agents, representatives, Seller(s), and/or Buyer(s) shall be brought exclusively in a court of competent jurisdiction in Pulaski County, Kentucky.
AGENCY:
Ford Brothers, Inc., its agents, and representatives are acting solely as agents of the Seller.
Buyer and/or Bidder agrees to indemnify and hold harmless Ford Brothers, Inc., its agents, representatives, officers, employees, and Seller(s) from any and all claims, damages, liabilities, lawsuits, judgments, costs, expenses, or fees arising out of or related to the auction, bidding process, purchase transaction, removal of items, transportation of items, or use of purchased property, to the extent permitted by Kentucky law.
CHANGES TO TERMS & CONDITIONS:
Ford Brothers, Inc. reserves the right to alter, modify, update, or amend these terms and conditions at any time by posting updated terms on the auction website. Continued use of the auction platform constitutes acceptance of all current terms and conditions.
AUCTION COMPANY BIDDING:
Auction company employees, affiliates, owners, and/or the auction company may bid on and purchase auction items as permitted by Kentucky law.
TIME IS OF THE ESSENCE:
TIME IS OF THE ESSENCE regarding all auction terms, payment obligations, pickup requirements, and removal deadlines.
For additional information, contact Ford Brothers, Inc. Auctioneers at 606-679-2212.
