TERMS AND CONDITIONS: PERSONAL PROPERTY: Payment in full and possession given day of item pickup, with the exception of any titled automobiles/boats/trailers after being transferred at the courthouse with proof of transfer supplied to auctioneers. BUYERS PREMIUM: A 10% buyer’s premium will be added to all winning bids to determine the final selling price. SALES TAX: A 6% KY sales tax will be charged on the final selling price on all taxable items. IMPORTANT NOTICE: All property sold as is where is condition with no warranty or guarantee expressed or implied. Although information has been obtained from sources deemed reliable, neither the seller nor the auctioneer makes any warranty or guarantee, expressed or implied, as to the accuracy of the information herein contained. It is for this reason that buyers should avail themselves of the opportunity to inspect prior to the auction. All announcements from the auction block take precedence over any printed material or any oral statements made. Not responsible for accidents.
1. Your computer will automatically refresh with new bids. You do not need to refresh your webpage. Refreshing may cause a delay in your bidding experience due to the reloading of the entire page.
2. Bidding Increments:
Each Barr Brothers Realty & Auction, LLC auction may have different bidding increments. The software will calculate the next bid amount before submitting the bid.
3. Auction Ending:
Barr Brothers Realty & Auction, LLC Online Auctions are timed events and all bidding will close at a specified time. Barr Brothers Realty & Auction, LLC Online Auctions also have an auto-extend feature. Any bid placed in the final three (3) minutes of an auction, the auction ending will be automatically extended three (3) minutes from the time the bid was placed. The auto-extend feature remains active until no further bids are received within a three (3) minute time frame. The extension time normally applies to individual lots only. However, some lots may be subject to an extend all feature where two or more lots will extend when bids are placed on any of those lots.
4. Outbid Notification:
Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed.
5. Property Information & Inspection:
Barr Brothers Realty & Auction, LLC is not responsible for any missing or incorrect listing information. Barr Brothers Realty & Auction, LLC has attempted to provide accurate descriptions of all items in the auction. However, it is the bidder's responsibility to inspect/view online the item and determine the condition of each lot. Descriptions that are provided by Barr Brothers Realty & Auction, LLC are provided in good faith and are matters of opinion. The only recourse for the buyer of an item or items that are missing or damaged prior to pick up is not paying for the item.
NOTE: If the pictures displayed with descriptions do not appear to match, please call 270-422-2222 or 270-580-2244 to report the auction date and item number.
6. Sold "As Is Where Is":
Barr Brothers Realty & Auction, LLC and the seller furnish all auction items to buyers “As Is”, unsupported, without warranty of any kind. Barr Brothers Realty & Auction, LLC and the seller disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Items are sold in their actual current condition, with all faults and defects, and with all errors of description. Barr Brothers Realty & Auction, LLC liability to a purchaser will never exceed the purchase price actually paid for an item.
Bidders accept all auction items “with all faults”, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.
7. Auctioneer's Discretion:
Barr Brothers Realty & Auction, LLC has full discretion to modify the date and time, order, bidding increments, and details of the sale of any item or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, power failures or weather conditions in any area of the world, and convenience of Barr Brothers Realty & Auction, LLC or the seller.
8. Server & Software Technical Issues:
In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Barr Brothers Realty & Auction, LLC reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Barr Brothers Realty & Auction, LLC shall be held responsible for a missed bid 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 Barr Brothers Realty & Auction, LLC.
9. Terms:
Barr Brothers Realty & Auction, LLC reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Barr Brothers Realty & Auction, LLC reserves the right to resell any personal property that is not paid for in full by the conclusion of the stated pickup date and time. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property. Barr Brothers Realty & Auction, LLC reserves the right to change bidders’ username and or password for any reason deemed necessary by Barr Brothers Realty & Auction, LLC.
Buyer and or Bidder agrees to hold harmless and indemnify Barr Brothers Realty & Auction, LLC and its Members, Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
10. Buyer's Premium:
There will be a ten percent (10%) Buyer’s Premium added to the final bid price to determine the final selling price of the auction lot.
11. Payment:
Payment must be made before item(s) are removed by the specified date on the auction advertisement. All sales are final. There are no returns, refunds, or adjustments. Barr Brothers Realty & Auction, LLC accepts the following forms of payment: Cash, Wire Transfer, personal check, Cashier’s Check and Money Orders.
For all winning bidders located 50 miles or more from 879 Hillcrest Drive, Brandenburg, KY 40108, any invoice(s) totaling $5,000 or more, must be paid in full via bank wire transfer or certified cashier's check on or before the designated pay and pick up day of the auction. Any payments made by wire transfer will be subject to wire transfer fees.
12. Auction Cancellation:
Barr Brothers Realty & Auction, LLC reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.
13. Bidder Verification:
The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Barr Brothers Realty & Auction, LLC will reject the registration, and bidding activity will be terminated. The Seller and Barr Brothers Realty & Auction, LLC reserve the right to preclude any person from bidding if there is any question as to the person’s ability to perform, credentials, mental fitness, etc.
14. Bidder Responsibilities:
Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local, state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction companies may bid on auction items. We gather aggregate information from the website which may include but is not limited to: number of page visitors, most visited pages, and any and all correspondence.
15. Personal Property Pickup:
All items must be picked up from the address listed on the auction, as well as the date and time listed, once Barr Brothers Realty & Auction, LLC has received and acknowledged payment in full. Items will not be released to buyers until payment is made in full to Barr Brothers Realty & Auction, LLC Bidders are responsible for rigging, loading, and moving all items purchased without assistance from Barr Brothers Realty & Auction, LLC. If you are the winning bidder on large items that require equipment to load, you will be contacted by Barr Brothers Realty & Auction, LLC to schedule pickup arrangements.
16. Security:
Surveillance and security are on site; please do not enter the property except at the specified preview date and time or by appointment.
17. Default:
If purchases are not settled by the specified pick up day, it will be considered in default. Upon default the bidder will be black listed/blocked from bidding on Barr Brothers Realty & Auction, LLC auctions, as well as MarkNet Alliance auctions and may be charged ten percent (10%) of bid price or five hundred dollars ($500), whichever is greater. All defaulted items may be offered to any qualified bidder at the discretion of Barr Brothers Realty & Auction, LLC.
The bidder agrees to pay all reasonable attorney fees and other costs incurred by Barr Brothers Realty & Auction, LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of two percent (2%) of the outstanding balance per month be added to any unpaid balance due Barr Brothers Realty & Auction, LLC Any dispute will be tried in a court of jurisdiction in Breckinridge or Meade County, Kentucky.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
18. Guaranty Agreement:
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Barr Brothers Realty & Auction, LLC of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.
19. Limitation of Liability:
If, for any reason, Barr Brothers Realty & Auction, LLC is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase at time of pickup, the sole liability of Barr Brothers Realty & Auction, LLC, if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.
20. Disputes:
Any dispute between Barr Brothers Realty & Auction, LLC, its Members, Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Breckinridge or Meade Counties, Kentucky. By bidding on any item, buyer agrees to all terms and conditions set forth.
21. Age Requirement:
All bidders must be eighteen (18) years of age or older.
22. Firearms Regulations:
Bidders must abide by any local, state, or federal laws set forth on any firearm purchases. All firearms must be picked up from the gun dealer by the person whose name is listed on the invoice.
23. Bidding Notes:
If the “starting” bid is $2 and the asking bid is $2, a bid has not yet been placed on the item.
If the “current” bid is $2 and the asking bid is $4, a two dollar bid has been placed on the item.
The above examples are the only time that two dollar bids are allowed.
If you placed a bid for a certain dollar amount, then notice that another bidder has the current winning bid for the same dollar amount, it is because the other bidder had previously placed a “max” bid for the same amount. The situation indicates the winning bidder had actually placed the “max” bid prior to your bid but the bid had not yet been forced higher by competing bids. Your bid caused the winning bidder’s bid to escalate to the bidder’s “max” bid.
24. NOTICE: IMPORTANT/PLEASE READ: Auctioneers and/or a Barr Brothers Realty & Auction, LLC representative have/has the option of reopening the bidding for any item/items if they deem a computer or electronic malfunction prevented a potential or existing bidder(s) from placing bids. Even though a bidding time may have ended, and the computer screen may show the bidding is “CLOSED”. The auctioneers and/or a Barr Brothers Realty & Auction, LLC representative may reopen the bidding at their sole discretion.
25. After the online auction is completed, should a winning bidder be unresponsive to pay/pickup, does not schedule a pay/pickup, or does not contact the auctioneers, Barr Brothers Realty & Auction, LLC reserves the right to, on behalf of the seller, assign a new buyer and price to the initial winning bidders lot(s)/item(s).
26. Loading, Rigging and Dismantling Items:
While personnel at loading sites may assist Buyers, Buyer assumes all responsibility and liability for the loading, rigging, dismantling, securing, transportation, and unloading of purchased goods. Buyer agrees to hold the Seller and Barr Brothers Realty & Auction, LLC harmless for any property damage or injuries related to the loading, rigging, dismantling, securing, transportation, loading and unloading.
27. Any and all bidders acknowledge, agree, and accept that Barr Brothers Realty & Auction, LLC reserves the right to disclose or not to disclose, at their discretion, the identity of any bidders to other bidders after the completion of any auction.
28. Barr Brothers Realty & Auction, LLC and their representatives are Exclusive Agents of the Seller(s).
