HOFFMAN AUCTIONS TERMS & CONDITIONS
Michael Hoffman, Auctioneer & REALTOR® — (614) 314-0298
Last Updated: September 18, 2026
Acceptance of Terms. By registering to bid, placing a bid, or otherwise participating in this auction, each bidder acknowledges that they have read, understand, and agree to these Terms & Conditions, together with any auction-specific terms, announcements, notices, or corrections. Completion of online registration or acceptance of a bidder number constitutes acceptance of these Terms & Conditions.
Auction-specific terms, notices, and announcements control if they conflict with these general Terms & Conditions. DO NOT BID IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS.
1. Shipping
Hoffman Auctions is primarily a local-pickup company. Shipping is available only on selected lots.
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Shipping Eligibility: Assume local pickup is required unless the lot is specifically marked “Shipping Available” in the catalog description.
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Items We Do Not Ship: Hoffman Auctions does not ship gold, silver, bullion, coins, or jewelry. These items require local pickup unless specifically announced otherwise.
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Firearms: Firearms will only be shipped when permitted by law and through a properly licensed Federal Firearms Licensee (FFL). All required transfers, documentation, and legal requirements must be satisfied. Additional restrictions may apply based on the firearm and the buyer’s location.
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Shipping Charges: For eligible lots, the buyer will be charged the actual carrier cost, insurance, applicable carrier surcharges, and a $10 handling fee per lot.
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Insurance Required: Every shipment arranged by Hoffman Auctions must be insured for the full purchase value. Hoffman Auctions will not ship an item without insurance.
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Shipping Labels: Buyer-provided or third-party shipping labels will not be accepted unless approved in advance by Michael Hoffman, Auctioneer.
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Freight, Rigging & Commercial Transport: Buyers arranging freight, rigging, or commercial transport are responsible for coordinating those services and ensuring that the carrier or contractor provides all necessary packaging, rigging, loading, securing, labor, and equipment unless other arrangements are approved in advance.
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Cancelled Shipping Requests: If a buyer cancels a shipping request after packing or preparation has begun, a fee may be charged for materials and labor already incurred.
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Right to Decline Shipping: Hoffman Auctions may decline shipping if an item cannot be safely or reasonably shipped, a carrier will not accept it, or shipping otherwise becomes impractical. The buyer remains responsible for arranging pickup or another removal method approved by Michael Hoffman, Auctioneer. If shipping is declined after the original pickup period, the Auctioneer will establish a new removal deadline or approve another method of removal.
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Risk During Shipping: The buyer assumes the risk of loss for purchased property when bidding closes on the lot. Once the carrier accepts a shipment, Hoffman Auctions is not responsible for carrier delays, loss, or damage in transit. Claims for insured loss or damage will be handled through the applicable carrier and insurance process.
2. Pickup, Load Out & Removal
Pickup windows are firm because auction locations often must be cleared promptly after the sale. All purchases must be removed during the designated pickup window listed in the auction details. The exact pickup address will be provided on winning bidder invoices.
Hoffman Auctions does not provide routine storage.
Buyers must provide all labor, boxes, packing materials, tools, equipment, moving assistance, and other resources necessary to safely dismantle, disconnect, move, load, and remove their purchases. Auction personnel are not responsible for loading purchases.
Damage During Removal: Buyers are responsible for damage caused by them or by anyone acting on their behalf, including employees, movers, contractors, carriers, or representatives. This includes damage to buildings, grounds, fixtures, equipment, other property, or property belonging to the seller, Hoffman Auctions, or third parties.
Safe Removal Required: Buyers must use appropriate care, tools, equipment, and personnel. Hoffman Auctions may stop, delay, or refuse any removal activity that, in the Auctioneer’s judgment, presents a safety hazard or an unreasonable risk of injury or property damage.
Do not bid on a pickup-only lot unless you or someone acting on your behalf can remove the purchase during the designated pickup period.
3. Buyer’s Premium
A 10% buyer’s premium is added to every successful bid.
For example, a $100 successful bid results in a purchase price of $110 before applicable taxes, shipping, or other charges.
4. Method of Payment
Invoices of $500 or more must be paid by cash or wire transfer ONLY, unless otherwise approved by the Auctioneer.
Invoices under $500 may be paid by cash, Visa, Mastercard, or wire transfer. No checks are accepted.
Eligible credit-card invoices under $500 may be automatically charged to the credit card on file at the end of the auction or the following day, and by registering to bid the bidder authorizes Hoffman Auctions to make that charge.
All purchases must be paid in full before removal and no later than the end of the scheduled pickup period unless other arrangements are approved by the Auctioneer.
Sending or initiating a wire transfer by the payment deadline does not constitute payment. Payment is complete only after the funds have been received and confirmed by Hoffman Auctions.
Hoffman Auctions may require cash, certified funds, or wire transfer on any invoice, regardless of amount, when reasonably necessary to verify funds or prevent fraud.
A declined or failed payment may result in a reasonable fee to cover processing costs actually incurred.
5. Sales Tax
Certain casual sales of personal property may qualify for exemption from Ohio sales tax. Taxability depends on the seller, the property being sold, the auction location, and other circumstances.
When sales tax applies to an auction or particular item, it will be identified accordingly and collected as required by law.
Bidders claiming a sales-tax exemption must provide Hoffman Auctions with a properly completed and valid exemption certificate at least 24 hours before the auction begins closing. Documentation submitted after that deadline may not be accepted, and sales tax already collected will not be refunded.
Bidders are responsible for determining whether they qualify for an exemption and for providing the required documentation on time.
6. Bidder Registration, Account Responsibility & Communications
All bidders must register through the designated online bidding platform before bidding. Hoffman Auctions may establish registration and qualification requirements and may approve, decline, suspend, or revoke bidding privileges at its discretion.
Bidders should register at least 24 hours before the auction begins closing. Registrations submitted later may not be reviewed or approved.
A valid credit or debit card is required for registration. A $1.00 authorization may be placed on the card to verify identity and payment information. This authorization is not a payment toward auction purchases.
Hoffman Auctions may require additional identification, proof of funds, or other verification for certain bidders or high-value purchases.
Each bidder is assigned a unique bidder number. Bidders are responsible for protecting their account credentials and for all bidding activity conducted through their account.
Non-Transferable Registration: Registration and bidding privileges are personal to the registered bidder and may not be assigned, transferred, or shared.
Account Security: A bidder who believes their account credentials have been lost, stolen, compromised, or used without authorization should notify Hoffman Auctions immediately.
Circumvention of Bidding Restrictions: A bidder whose privileges have been suspended, restricted, or revoked may not use another name, account, identity, or person to avoid those restrictions. Hoffman Auctions may reject or cancel bids, suspend related accounts, and pursue remedies available under law for fraudulent, deceptive, or misleading registration or participation.
Contact Information & Auction Communications: Bidders are responsible for providing accurate and current contact information and for monitoring the email address and telephone number associated with their account for invoices, pickup instructions, payment notices, auction updates, and other auction-related communications. Bidders should check spam or junk folders when necessary. Failure to receive, open, or review a communication does not relieve a bidder of their obligations.
Text Message Consent: By registering to bid and providing a mobile telephone number, the bidder consents to receive text messages from Hoffman Auctions regarding auction participation, including registration, invoices, payment notices, pickup reminders, shipping or removal information, and other transactional or informational communications. Message and data rates may apply.
Hoffman Auctions may also offer promotional or marketing text messages regarding upcoming auctions or other services. Where additional consent is required by law or by the messaging service being used, promotional messages will be sent only after the required consent has been obtained.
Opting Out of Text Messages: A bidder may withdraw consent to receive text messages by replying STOP or another recognized opt-out request to an automated message, when available, or by emailing [email protected] and requesting removal from text messaging. Hoffman Auctions will honor reasonable opt-out requests as required by law.
7. Auction Closing Method
This auction uses staggered and dynamic closing.
If a bid is placed within the final 5 minutes of a lot’s closing time, that lot’s timer will reset to a full 5 minutes. It does not simply add 5 minutes to the remaining time.
This process continues with each new bid until the timer expires without another bid.
Any posted auction closing time is the scheduled time at which the closing process begins. Actual closing times for individual lots may vary because of staggered closing, bidding activity, and automatic extensions.
8. Bidding Is a Binding Contract
Each bid is a legal and binding offer to purchase the lot at the bid amount, plus the buyer’s premium and applicable taxes, shipping charges, and other fees.
Bidders are responsible for reviewing the lot and bid amount before submitting a bid.
Hoffman Auctions is not responsible for bids placed on the wrong lot, entered in the wrong amount, placed accidentally, or submitted by another person using a bidder’s account. A bid will not be retracted merely because the bidder made a mistake or changed their mind.
When bidding properly closes and the successful bidder is confirmed, a binding contract of sale exists between the successful bidder and the seller.
9. Maximum / Proxy Bidding
The online bidding platform may allow a bidder to enter a confidential maximum bid. The system will then bid incrementally on the bidder’s behalf, up to that maximum, only as necessary to maintain the bidder’s position. Entering a maximum bid does not automatically increase the current bid to that amount.
The bidder’s maximum is not disclosed to other bidders.
Outbid notices, email alerts, text alerts, and similar notifications are provided as a convenience only and are not guaranteed. Bidders remain responsible for monitoring their bids and auction closing times.
Bidders are responsible for understanding how the bidding platform operates before bidding.
10. Preview / Inspection
Preview availability varies by auction. When a preview is offered, the date and time will be published with the auction.
Unless a preview is specifically announced, no public or private preview will be provided.
Bidders may contact Hoffman Auctions before bidding with questions or reasonable requests for additional information or photographs. Requests made close to the auction closing may not be accommodated.
When a preview is available, bidders are encouraged to inspect items in person. Whether or not a preview is offered or attended, each bidder remains responsible for satisfying themselves as to the condition and suitability of an item before bidding.
11. Item Descriptions, Catalog & Discrepancies
Hoffman Auctions makes reasonable efforts to accurately catalog, describe, and photograph each lot, but errors or omissions may occur.
Descriptions and condition statements reflect opinions based on information reasonably available and are provided as a convenience to bidders. Photographs are for reference and may not show every defect, repair, alteration, condition issue, or characteristic.
The absence of a condition statement does not mean a lot is in perfect condition or free from wear, damage, defects, repairs, or age-related issues.
Measurements, dimensions, weights, quantities, and similar catalog information are approximate unless expressly stated otherwise.
Any appraisal, grading, certification, attribution, authentication, or similar information referenced in a catalog description is provided for identification or informational purposes and is not independently warranted or guaranteed by Hoffman Auctions unless expressly stated otherwise.
Announcements or corrections made before or during the auction take precedence over previously published information. If a material catalog error is discovered before settlement or removal, Hoffman Auctions may correct the error, void the transaction, or take other reasonable action.
Items may occasionally be shown together for demonstration or photographic purposes. A lot includes only the property identified in its description.
Bidders should review the lot number, written description, and all available photographs before bidding. If the written description and a photograph appear inconsistent, contact Hoffman Auctions before bidding.
12. Buyer’s Responsibility — Choose Wisely
Bidders are responsible for reviewing the available photographs, descriptions, and information and for satisfying themselves before bidding as to the age, authenticity, value, condition, completeness, and suitability of a lot.
Bidders are also responsible for determining whether they may legally purchase, possess, receive, transport, register, license, or use an item in their jurisdiction.
If certainty about any characteristic of a lot is important to the bidder, the bidder should not bid until satisfied with the available information.
Failure to read a description, misunderstanding a lot, making a bidding error, or later deciding that an item does not suit the buyer’s intended use does not create a right to cancel the purchase.
When in doubt, ask questions before bidding, not after.
13. As-Is, Where-Is — No Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS & CONDITIONS OR AS OTHERWISE REQUIRED BY LAW, ALL PROPERTY IS SOLD AS-IS, WHERE-IS, WITH ALL FAULTS. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS, RETURNS, EXCHANGES, OR PRICE ADJUSTMENTS.
Hoffman Auctions makes no warranty or guarantee, express or implied, regarding any lot.
Without limiting the foregoing, Hoffman Auctions and the seller disclaim all implied warranties, including any implied warranty of MERCHANTABILITY and any implied warranty of FITNESS FOR A PARTICULAR PURPOSE, except as otherwise required by law.
Statements regarding condition, age, authorship, period, culture, source, origin, measurements, quality, rarity, provenance, importance, or other characteristics are based on the information reasonably available and are not warranties or guarantees.
Intellectual Property: Unless expressly stated otherwise, the purchase of a lot transfers only the physical property being sold and does not transfer any copyright, trademark, reproduction, publicity, licensing, or other intellectual-property rights associated with that property.
No employee, representative, or other person is authorized to make a warranty regarding a lot unless the warranty is expressly confirmed in writing by Michael Hoffman, Auctioneer.
14. Payment, Transfer of Title & Risk of Loss
When bidding properly closes on a lot, the successful bidder becomes obligated to pay the total amount due.
Title does not transfer until all purchase amounts, fees, taxes, and applicable shipping charges have been paid in full and cleared.
Until all amounts due have been fully paid, received, and cleared, Hoffman Auctions and the seller retain all rights and interests in the purchased property available under applicable law.
The buyer assumes the risk of loss, theft, damage, or destruction when bidding closes on the lot. Hoffman Auctions and the seller are not responsible for loss or damage occurring afterward while the property remains on the premises awaiting removal, except as otherwise required by law.
If Hoffman Auctions cannot deliver purchased property because of fire, theft, casualty, disappearance, or another circumstance beyond its reasonable control, the buyer’s remedy is limited to the amount actually paid for that property. Hoffman Auctions will not be responsible for incidental or consequential damages resulting from the inability to deliver the property.
15. Abandoned Lots / Failure to Pick Up
Unless prior arrangements are approved by Michael Hoffman, Auctioneer, any purchased item not removed by the applicable pickup, shipping, or other removal deadline may be treated as abandoned and forfeited. No refund will be issued.
Abandoned property may be disposed of, resold, donated, or otherwise handled as Michael Hoffman, Auctioneer deems appropriate. The buyer gives up any further right or interest in the property or in proceeds from a later sale or disposition, except as otherwise required by law.
The buyer may also be responsible for reasonable disposal, hauling, handling, storage, or other costs resulting from failure to remove purchases on time.
If delayed pickup is approved in advance, any applicable storage fees will be established when those arrangements are made.
Repeated failure to remove purchases on time may result in suspension or revocation of future bidding privileges.
16. Credit Card & Payment Disputes / No Chargebacks
Bidders should promptly contact Hoffman Auctions regarding any legitimate billing or payment issue so it can be reviewed directly.
A bidder may not initiate an improper or unjustified chargeback or payment dispute relating to a valid auction purchase. Doing so does not relieve the buyer of obligations arising from the purchase and constitutes a breach of these Terms & Conditions.
A buyer may not stop, reverse, recall, or otherwise attempt to cancel a wire transfer or other completed payment relating to a valid auction purchase.
The buyer remains responsible for the amount lawfully due, together with bank, processor, or card-issuer fees imposed on Hoffman Auctions as a result of an improper dispute and any reasonable collection costs.
Hoffman Auctions reserves all rights and remedies available by law to collect unpaid auction purchases.
17. Non-Payment / Default by Buyer
If a buyer fails to pay as required, Michael Hoffman, Auctioneer may exercise one or more remedies available under these Terms & Conditions or applicable law, including:
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Holding the buyer responsible for the amount due;
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Recovering reasonable processing, collection, and other costs resulting from the default;
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Beginning legal proceedings to recover amounts due, together with reasonable attorney’s fees to the extent permitted by law;
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Canceling the sale;
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Reselling the property publicly or privately and holding the buyer responsible for any deficiency, handling charges, re-marketing costs, expenses, commissions, and incidental damages;
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Suspending or permanently revoking the buyer’s future bidding privileges;
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Cancelling or rejecting the buyer’s outstanding bids in other Hoffman Auctions auctions, where permitted by the bidding platform; and
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Pursuing any other lawful remedy reasonably necessary to address the default.
18. Reserve Auctions; Seller and Auctioneer Bidding
Unless the auction-specific Terms & Conditions expressly identify an auction as an Absolute Auction, the auction is conducted as a Reserve Auction.
At a Reserve Auction, the seller retains the rights provided by law, including the right to establish a reserve, reject or accept bids, and withdraw property before completion of the sale.
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Seller Bidding — Notice and Disclosure: Ohio law permits the seller, or a person acting on the seller’s behalf, to bid at a Reserve Auction when proper disclosure is made before bidding begins. This provision provides that disclosure and serves as notice to all bidders that the seller expressly reserves the right to bid on reserve property, either directly or through the Auctioneer, Hoffman Auctions staff, or another authorized person acting on the seller’s behalf. See Ohio Revised Code §§ 4707.023(D) and 1302.41(D).
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Auctioneer and Staff Bidding: Michael Hoffman, Auctioneer, may place bona fide bids for his own account when disclosed to the seller and at the auction as required by Ohio law. See Ohio Revised Code § 4707.023(C). Hoffman Auctions staff may also place bona fide bids for their own accounts when authorized by the seller and otherwise permitted by law. These bids are made as genuine purchasers for their own benefit and not on behalf of the seller.
19. Bidding Methods & Agency
This is an online-only auction, and bidding through the designated online platform is the primary bidding method.
Hoffman Auctions may, as a courtesy, accept an absentee bid when arrangements are made in advance. An accepted absentee bid will be executed competitively on the bidder’s behalf, up to the maximum amount authorized, as necessary to maintain the bidder’s position.
Absentee bidding is provided as a convenience only. Hoffman Auctions is not responsible for a failure to execute an absentee bid because of clerical error, technology failure, communication problems, or other circumstances beyond its reasonable control.
Telephone bidding is not offered unless specifically announced for an auction.
Hoffman Auctions acts as agent for the seller and is not itself the seller or purchaser under the contract of sale unless expressly stated otherwise. No agency relationship is created between Hoffman Auctions and a bidder or purchaser.
20. Auctioneer Recognition of Bids & Bidding Disputes
Hoffman Auctions may accept or reject bids, establish or modify bidding increments, resolve bidding disputes, and determine the successful bidder based on the auction-platform records and other available information.
Hoffman Auctions may reject or cancel any bid reasonably believed to be fraudulent, illegitimate, not made in good faith, submitted by an unqualified bidder, or made in violation of these Terms & Conditions or applicable law.
Prohibited Bid Manipulation: Bidders may not use multiple accounts, other persons, coordinated bidding, shill bidding, or any other scheme intended to manipulate the bidding process or artificially influence the sale price of a lot.
If a bidding dispute, tie, software error, or other irregularity affects the integrity of the bidding process, Hoffman Auctions may cancel a bid, reopen bidding, cancel the lot, re-offer the lot at the last undisputed bid, or take other reasonable action to resolve the issue.
Winning Bidder Confirmation: A platform display, automated notice, email, invoice, or other electronic indication of a successful bidder is subject to confirmation by Michael Hoffman, Auctioneer. If there is a discrepancy, irregularity, or conflicting information, the Auctioneer’s determination of the successful bidder controls.
Hoffman Auctions is not responsible for failure to execute or record a bid caused by bidder error, device malfunction, internet interruption, bidding-platform failure, or another circumstance beyond its reasonable control.
Auction records maintained by Hoffman Auctions will control in resolving bidding-history and successful-bidder disputes, except as otherwise required by law.
21. Precious Metals, Coins & Jewelry
Because of the nature and value of precious metals, coins, bullion, and jewelry, Hoffman Auctions may require additional bidder verification and may require cash or wire-transfer payment regardless of invoice amount.
Hoffman Auctions may hold this property until payment has been fully received, verified, and cleared.
Descriptions of metal content, weight, grade, authenticity, maker, or stone identification are based on available information and are not warranties unless accompanied by an expressly identified independent certification.
Jewelry Appraisals & Identifications: Hoffman Auctions is not acting as a certified gemological laboratory or independent jewelry appraiser when cataloging jewelry. Any appraisal, gemstone identification, grading, valuation, or related information supplied by a seller or third party is provided for informational purposes and is not independently guaranteed by Hoffman Auctions unless expressly stated otherwise.
SHIPPING IS NOT AVAILABLE on gold, silver, bullion, coins, or jewelry.
Unless specifically announced otherwise, these items must be picked up locally.
22. Firearms
All firearm transactions are subject to applicable federal, state, and local law. Buyers are responsible for determining before bidding whether they may legally purchase, possess, receive, or transport a firearm.
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Shipping & Transfers: Firearms will only be shipped when permitted by law and through a properly licensed Federal Firearms Licensee (FFL). Hoffman Auctions will not ship a firearm directly to a buyer when an FFL transfer is required. The buyer is responsible for providing the receiving FFL’s information and for transfer, shipping, and related fees.
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Background Checks & Eligibility: When required, transfers must include the applicable background check and required documentation. No refund will be issued if a buyer fails a required background check, is prohibited from receiving the firearm, or otherwise cannot legally complete the transfer.
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Buyer Responsibility: By bidding on a firearm, the buyer accepts responsibility for complying with laws governing its purchase, receipt, possession, transport, storage, and use.
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Condition & Fitness to Fire: Firearms are sold as collector lots only, with no representation or warranty as to fitness to fire. A qualified gunsmith should inspect any firearm before use, and standard firearm-safety practices should always be followed.
To the fullest extent permitted by law, the buyer agrees to release and hold harmless Hoffman Auctions and the seller from claims arising from the buyer’s subsequent possession, transport, storage, use, or misuse of the firearm.
23. Titled Vehicles & Equipment
All titled vehicles must be paid for by cash or wire transfer regardless of purchase price.
Title will not be transferred or released until payment has cleared and all required documentation is complete.
Unless specifically stated otherwise, vehicles and equipment are sold AS-IS, WHERE-IS, with no warranty regarding mechanical condition, mileage, hours, roadworthiness, or fitness for use.
Seller-Supplied Information: Mileage, hours, year, make, model, mechanical condition, service history, and similar information may be based in whole or in part on information supplied by the seller or other available records. Unless expressly stated otherwise, Hoffman Auctions does not independently warrant or guarantee that information.
Registration & Compliance: Buyers are responsible for determining before bidding whether a vehicle or titled item can legally be titled, registered, licensed, inspected, or operated in their jurisdiction. Hoffman Auctions does not represent that a vehicle will satisfy emissions, safety-inspection, equipment, or other registration requirements unless expressly stated in the lot description.
Buyers must provide any battery, jump-start equipment, fuel, towing equipment, or other assistance necessary for removal.
Title, registration, licensing, inspection, emissions-testing, and similar fees are the buyer’s responsibility unless otherwise stated.
24. Personal Property Inadvertently Left With Purchases
Only property specifically included in the purchased lot is part of the sale.
Personal items, documents, identification, medications, money, photographs, records, or other property inadvertently left inside furniture, vehicles, cabinets, drawers, equipment, or other purchased property do not become part of the sale merely because they were left there.
The buyer must promptly notify Hoffman Auctions and return obviously personal or inadvertently included property so it may be returned to the seller or other appropriate person.
25. Technology Issues
If a software malfunction, internet problem, bidding-platform issue, or other technology failure materially affects bidding, Michael Hoffman, Auctioneer may reopen or restart lots, extend closing times, suspend the auction, re-catalog affected property, cancel an affected lot, or reschedule all or part of the auction.
A lot is considered sold only after the Auctioneer determines that bidding properly closed and confirms the successful bidder.
If a lot is cancelled, reopened, or restarted after bidding has closed, the prior sale is void and the prior high bidder’s purchase obligation and risk of loss for that lot terminate.
Bidders who want to reduce the risk of missing a bid because of internet, device, connection, or platform problems should place maximum bids well before a lot begins closing.
26. Auctioneer’s Authority; Procedural Changes & Force Majeure
Michael Hoffman, Auctioneer and Hoffman Auctions may establish and enforce reasonable procedures necessary to conduct the auction and complete settlement.
When reasonably necessary, the Auctioneer may:
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Add, withdraw, or re-catalog property before completion of a sale;
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Split or combine lots;
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Establish minimum bids or reserve prices;
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Cancel, suspend, restart, extend, or reschedule a lot or the entire auction;
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Modify closing times;
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Modify pickup times or removal procedures; and
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Make other reasonable procedural changes necessary to conduct the auction fairly and safely.
Auction procedures may also be modified because of weather, safety concerns, technical problems, emergencies, natural disasters, government action, utility failures, or other circumstances beyond the reasonable control of Hoffman Auctions.
Hoffman Auctions is not responsible for delays or disruptions caused by such circumstances.
27. Premises Conduct & Security
Anyone attending an auction, preview, inspection, or pickup location does so at their own risk and must exercise reasonable care for their own safety and the safety of others.
For the safety of customers, staff, and property, Hoffman Auctions may use video and, where permitted by law, audio surveillance at auction, preview, or pickup locations.
Fraudulent bidding, tampering, theft, threatening behavior, unsafe conduct, or other improper activity may result in removal from the premises, loss of bidding privileges, and referral to law enforcement when appropriate.
28. Indemnification
To the fullest extent permitted by law, bidders and purchasers agree to indemnify and hold harmless Hoffman Auctions, Michael Hoffman, its staff, and the seller from claims, damages, losses, or expenses arising from the bidder’s or purchaser’s own acts or omissions in connection with the auction.
This includes claims arising from the person’s presence at an auction, preview, inspection, or pickup location and from the removal, loading, transport, possession, storage, or use of purchased property.
29. Limitation of Liability
To the fullest extent permitted by law, Hoffman Auctions will not be liable for incidental, special, indirect, or consequential damages arising from participation in the auction, bidding activity, purchase of a lot, or inability to use purchased property.
To the fullest extent permitted by law, Hoffman Auctions’ total liability arising from a lot or transaction will not exceed the amount actually paid to Hoffman Auctions by the purchaser for that lot, including the buyer’s premium and applicable taxes.
Nothing in these Terms & Conditions limits liability that cannot lawfully be limited or excluded.
30. Dispute Resolution: Mediation & Arbitration
Non-Payment Excepted: The mediation and arbitration requirements below do not apply when a purchaser has failed to pay amounts due. In a non-payment matter, Michael Hoffman, Auctioneer may proceed directly with remedies available under these Terms & Conditions or applicable law.
Mandatory Mediation: Except for non-payment matters and individual claims properly brought in small claims court, a dispute or claim arising from participation in the auction or a resulting transaction must first be submitted to good-faith mediation before further proceedings are initiated.
Mediation will take place in Fairfield County, Ohio. Mediator fees will be shared equally unless otherwise agreed or required by law.
Small Claims Court Preserved: Either party may bring an individual claim in small claims court if the claim falls within that court’s jurisdiction.
Binding Arbitration: If mediation does not resolve a dispute exceeding the jurisdictional limit of small claims court, the dispute will be resolved through neutral binding arbitration in Fairfield County, Ohio, in accordance with applicable arbitration law and rules.
Judgment on an arbitration award may be entered in any court of competent jurisdiction.
31. Governing Law & Severability
These Terms & Conditions and transactions arising from the auction are governed by Ohio law, without regard to conflict-of-law principles.
If any provision is determined to be invalid or unenforceable, it will be severed or limited only to the minimum extent necessary, and the remaining provisions will remain in effect.
32. Entire Agreement & Auction-Specific Terms
These general Terms & Conditions, together with auction-specific terms, published pickup and shipping information, lot descriptions, announcements or corrections, and applicable bidding-platform terms, constitute the agreement governing participation in the auction.
Auction-specific terms, notices, announcements, and corrections control over these general Terms & Conditions when a conflict exists.
No Oral Modification: No oral statement, representation, agreement, or instruction by staff or any other person modifies these Terms & Conditions unless expressly confirmed in writing by Michael Hoffman, Auctioneer.
By registering for the auction, bidders may be added to Michael Hoffman, Auctioneer’s email mailing list and may unsubscribe at any time. Promotional text messaging will be handled in accordance with the text-message consent provisions above and applicable law.
HOFFMAN AUCTIONS
Michael Hoffman, Auctioneer & REALTOR® — (614) 314-0298
One Call. One Company. We Handle It All.
