IMPORTANT INFORMATION: PLEASE READ BEFORE BIDDING.
GENERAL TERMS OF THE PERSONAL PROPERTY AUCTION
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY BEFORE BIDDING ON ANY PROPERTY. Following your review of these terms, do not bid if you do not agree or accept. By placing a bid, you accept the terms of this auction and will be held to the terms as they are presented and updated. These terms create a legally binding contract between you and Taylor Auction & Realty, Inc. Bids cannot be canceled or revoked.
All lots sold in this auction are subject to a 10% buyer premium and applicable sales tax (See payment paragraph below). The hammer bid, buyer's premium, and applicable sales tax will determine the final price. Buyers' premium details are on the Auction Details Page and above the auction catalog.
ALL PROPERTY IS SOLD AS IS WHERE IS WITH NO WARRANTY, EXPRESSED, WRITTEN, OR IMPLIED, AND ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has made every effort to prepare the catalog for this auction. All information obtained came from the seller or third-party sources.
Taylor Auction & Realty, Inc. may attempt to describe the merchandise in advertising, on the Internet, and at the auction, but makes no representations. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall Taylor Auction & Realty, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off-site understand and acknowledge that they may require assistance to inspect and examine an item in person. Taylor Auction & Realty, Inc. will not be responsible for any errors or omissions in the merchandise description. The Bidder agrees that all items are sold as is and that they may not return any purchased item.
Items may be inspected on-site if an inspection is offered. Inspection and Removal Dates will be detailed above the catalog.
BIDDER REGISTRATION:
To facilitate authorizations, we encourage you to register and bid early. Waiting until the last minute to register or become familiar with the system can negatively impact your bidding. We encourage you to register at least 24 hours before the auction.
To better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, credit card information, and email address at which they can be contacted. This ensures good communication between Taylor Auction & Realty, Inc. and the bidder throughout transactions. Each bidder's identity will be verified. Bidding rights are provisional; if complete verification is impossible, Taylor Auction & Realty, Inc. reserves the right to reject the registration, and bidding activity will be terminated.
BIDDING PROCEDURES:
Our online auctions move quickly! If you are interested in bidding, please submit your bid promptly, especially near the close of the bidding period. The bidding software will notify bidders by email when they have been outbid. Bidders may also discover if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connection speeds, please place a maximum bid or continuously monitor the auction as it closes. Email notifications may occasionally be delayed. If you win, you will be notified by email. It would help if you watched the auction during the extended bidding time session to ensure you are the high bidder.
Online Auctions are shared among the MarkNet Alliance Group and at marknet.com. By placing a bid, you agree to all of the terms and conditions set forth by each auction company and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions of each auction company and each term and condition. The Auctioneer Auction Company has the sole discretion to advance the bidding and may reject any bids that do not advance and or are injurious to the auction, including but not limited to minimal suspicious and suspect advances. The Auctioneer shall have sole discretion in deciding the successful bidder in a bidding dispute or in making decisions beneficial to sellers regarding their items. You acknowledge that your bid is a legally binding offer to purchase the item property being auctioned by placing a bid. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to update, lower bids, withdraw bids, or re-catalog items in this auction. Winning bidders are notified by email when all auction items have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s). Auction company employees and the auction company may bid on behalf of absentee bidders or at the direction of interested and approved bidders who prefer not to create an online account but wish to participate in the auction. Auction company employees may bid on auction items for personal consumption.
EXTENDED BIDDING
This auction features EXTENDED BIDDING. All lots will extend if any bid is placed on any of the lots. All lots will remain open for five minutes until there are no bids on any lot in the auction. If you have any questions, please don't hesitate to call us.
MAX BIDS:
Internet bidders who want to ensure their bids are acknowledged should use the Internet bidding feature and leave their maximum bid. When you bid your maximum, the current bid price does not automatically update to your maximum bid. Someone else has to bid to increase the current price, and the computer will automatically bid up to your maximum in the specified increments. Maximum bids are taken in the order in which they are placed.
BROWSER INFORMATION: Google Chrome and Mozilla Firefox are the preferred Internet browsers for our bidding platforms. As Microsoft is phasing out support for Internet Explorer 8, 9, and 10, bidders may encounter issues with Internet Explorer when using our website.
REFRESH YOUR SCREEN:
It is best to refresh your screen periodically. To restore your screen, click `RESET CATALOG` or REFRESH ALL for the whole page to refresh, or use the refresh button on your browser. This is most important at the end of the auction. Please call with any questions at 662-226-2080. It would help if YOU refreshed THE SCREEN TO KEEP THE TIME ACCURATE.
Reserve Statement: A reserve not met statement is placed on lots with a reserve. When the reserve is met, the statement will disappear. After the auction closes, bidders may call the office to request the reserve, and negotiations can be discussed.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Taylor Auction & Realty, Inc. provides online bidding to Bidder. The bidder acknowledges and understands that this service may or may not function correctly on the auction day. Under no circumstances shall Bidder have any claim against Taylor Auction & Realty, Inc. or anyone else if the internet service fails to work correctly. Taylor Auction & Realty, Inc. will not be responsible for missed bids from any source.
Time Increase or Decrease: In the event of technical difficulties related to the server, software, or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserves the right to extend bidding, continue the bidding, close the bidding, or increase or decrease the extended time amount at the end of the auction.
INVOICES: Winning/high bidders are notified by email when all auction items have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s).
PAYMENT and REMOVAL TERMS:
If you are picking up at the location site, a cashier's check or cash is preferred at removal. All accounts must be settled within 48 hours after the auction. We request payment be made in full at the end of the auction or on removal day(s). Buyers can wire transfer (a $25 wire fee applies) or pay by cashier's check, cash, or company check if the auction firm is familiar with the customer. Applicable SALES TAX is CHARGED to the gross amount. Resale Tax Permits are accepted after verification of the permit number, and a copy is provided at checkout. Sales Tax on Vehicles with titles is paid at the Purchaser’s county tax office. Any Vehicles or trailers that state 'Bill of Sale only' will be taxed.
Any buyer who makes cash payments exceeding $10,000.00 will be required to verify their personal information to complete IRS Form 8300.
Photo Identification: The registered buyer must present a photo during the payment process if it is unknown to our staff. The successful registered bidder must pay for each lot separately. All credit cards offered by the buyer must have been issued in the buyer's name or to the business the bidder registered to represent at the auction. Credit card payments must match exactly to be accepted. Electronic bank transfers for the final cost of purchases must originate from an account of the registered buyer or the business the buyer represents. The transfer must include the bidder number and the invoice number.
DEFAULT OF BUYERS: Bidders not paying for items at the end of the auction will be considered in default. Such default by the Successful Bidder will result in the Bidder’s liability to both the Seller and Auction Company. Seller shall have the right to (a) declare this contractual agreement canceled and recover total 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 Taylor Auction and Realty, Inc. 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 Taylor Auction and Realty, Inc., Inc. In addition, Taylor Auction and Realty, Inc. also reserves the right to recover any damages separately from the Buyer’s breach. To collect funds, the purchaser agrees to pay all reasonable attorney fees and costs incurred by Taylor Auction and Realty, Inc. Taylor Auction and Realty, Inc. reserves the right to refuse bidding privileges to any person(s).
RETURNED CHECKS:
Any bidders who write us an insufficient check are banned from our system.
RETURN CHECK POLICY
If Taylor Auction & Realty, Inc. receives a returned check, the buyer agrees to pay a fee for an insufficient check. The buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 or return the merchandise. If buyer returns the merchandise, they are responsible for paying a commission for selling the merchandise, paying the difference in the amount owed after it sells & any other expenses incurred from the resale of the items. If the buyer defrauds Taylor Auction & Realty, Inc. with a defaulted check and still possesses the merchandise, Taylor Auction & Realty, Inc. will seek proper legal means to prosecute to the fullest extent for punitive, compensatory damages.
REMOVAL POLICY:
After receiving the invoice, please arrange payment and removal details with Taylor Auction & Realty, Inc. Please note the removal dates on the auction catalog and details page. Buyers are responsible for verifying the conditions before bidding. At removal, buyers must verify with staff the lot they have purchased in the presence of a Taylor Auction & Realty, Inc. employee before removing it from the premises. We will not be held responsible for any issues discovered after the items leave the auction location. The Bidder agrees that all items are sold as is and that no return or refund will be granted on any item purchased. Taylor Auction & Realty, Inc. will not be held accountable for the buyer's additional loading costs, commission, transportation, and mechanical repair fees.
A loader is available for load out.
If you are an OUT-OF-STATE bidder and successful purchaser of a 48-hour drive-out or freighted item. In that case, the auction company will assess whether a certificate of interstate sales qualifies for tax reduction. This form is sent to your state, and eventually, you will pay the applicable tax from your state. The Mississippi State Tax Commission requires this form for out-of-state buyers regarding the exemption of Mississippi Sales Tax on only certain qualified items. Again, whether you qualify to use this certificate will be determined by Taylor Auction & Realty, Inc., the seller, in accordance with MDOR instructions. This form is submitted to the Department of Revenue (DOR) and sent to the buyer's home state. Small items are subject to Mississippi Sales Tax.
CARRIER SERVICES: Taylor Auction & Realty, Inc. will assist the buyer’s carrier with freight services. The buyer must inform the auction firm of freight arrangements.
ITEMS NOT PICKED UP:
For any item not picked up on the designated day(s) for removal, your credit card will be automatically charged for the invoice amount, plus any applicable storage and handling fees. If your credit card is not processed and you refuse to honor your bid, you will be blocked from the system. If you need help regarding removal dates, please contact us at (662-226-2080), and we will work with you if possible. However, this auction has strict removal dates. If the buyer fails to pick up items or make timely payments on merchandise, they will be blocked from all MarkNet auctions. This includes all auction companies in the MarknetAlliance Organization, www.marknetalliance.com. This means you will not be able to bid on any online auction of auction companies associated with Marknet Alliance.
If any items are paid for but not removed from the auction location within the established removal time, Taylor Auction & Realty, Inc. has no further obligations to the purchaser who did not meet the removal terms. Items are left at the discretion of the winning buyer/purchaser, and Taylor Auction & Realty, Inc. bears no responsibility for items remaining at the location after specified removal dates.
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought to the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder, and Buyer each individually and collectively by participating in the Auction conducted by Taylor Auction and Realty, Inc. do at this moment irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold or purchased or the physical location of the Auction. The successful purchaser agrees to pay any reasonable attorney fees and costs incurred by the Auction Company, the seller, and their servants, agents, or employees in the commencement or defense of any actions and the collection of any obligations hereunder. The purchaser agrees that a fee of 2% per month will be added to any unpaid balance due to the Auction Company, as well as any other costs or losses incurred by the purchaser’s failure to adhere to these terms.
HOLD HARMLESS: Buyer and/or bidder agree that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owners, Directors, Employees, and Representatives from any claims, demands, expenses, and damages which bidder/buyer may claim on account of or in any way growing out of the said auction and to look solely to the Seller for any remedy demanded.
Bidder Acknowledgement: The bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor, or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies, and/or any servant, agent, or employee of the same by bidder’s participation in this auction. The bidder acknowledges and agrees that the Auctioneer is acting solely as the seller's agent in this auction.
Bidder Responsibilities: Bidder responsibilities include, but are not limited to, maintaining the confidentiality of their username and password, as they are responsible for all activities involving their account. You must obey local, state, and federal laws when using the website. Violations will result in the termination of website use privileges. Auction company employees and the Auction Company may bid on the auction for absentee bidders or at the direction of interested bidders.
Guaranty Agreement for a Business Entity: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement, guaranteeing payment to Taylor Auction & Realty, Inc. for the completion of the transaction.
Reasonable Accommodation: Taylor Auction & Realty, Inc. is an employer and professional service organization that has no intention to discriminate based on disability or other legally prohibited bases. We are an affirmative action, equal opportunity employer and service provider. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made for hiring employees or assisting clients or customers with our services unless the accommodation will impose an undue hardship.
Requests for reasonable accommodations should be directed to Ruthie Taylor @
[email protected].
By bidding on any item, the bidder acknowledges acceptance of the auction terms and conditions.
Benny Taylor
Taylor Auction & Realty, Inc.
INFORMATION IS SUBJECT TO CHANGE
Announcements in the form of updated terms posted on the website will take precedence over any previously viewed terms at registrations, previous material, or any other oral statements. Please view the terms periodically for any changes.
