TIPLERSVILLE AUCTION, LLC
STANDARD PERSONAL PROPERTY / ESTATE AUCTION TERMS & CONDITIONS
ONLINE-ONLY BIDDING
PLEASE READ AND REVIEW THESE TERMS & CONDITIONS THOROUGHLY PRIOR TO BIDDING. IF YOU DO NOT READ, UNDERSTAND, AND AGREE TO THESE TERMS, DO NOT BID. |
AUCTION-SPECIFIC TERMS
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Buyer’s Premium: | 15% WITH A 3% CASH/CHECK/WIRE DISCOUNT |
Payment Methods: | We accept Cash, Checks, Certified Funds, Visa & MasterCard ONLY. |
Payment Deadline: | Within 5 days of auction's close |
Sales Tax: | 7% MS Sales Tax applies |
| Soft Close / Auto Extend: | 5 minutes
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Shipping: | Available on most items at Buyer's expense *SEE DETAILS BELOW |
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By registering for this auction or placing a bid, the bidder acknowledges that they have read, understand, and agree to be legally bound by these Terms & Conditions, the Auction-Specific Terms above, and any additional notices, announcements, or terms applicable to this auction.
A successful bid creates a binding contractual obligation to purchase the item or lot in accordance with these Terms & Conditions.
1. BIDDER ELIGIBILITY & REGISTRATION
All bidders must be at least eighteen (18) years of age unless a greater age is required by law for a particular item.
Proper and complete online registration is required before bidding privileges may be granted.
All information provided during registration must be current, complete, and accurate. Tiplersville Auction, LLC may request identification, payment information, proof of funds, or other information reasonably necessary to verify a bidder’s identity or ability to complete a transaction.
Bidding privileges are provisional. Tiplersville Auction, LLC reserves the right, as permitted by law, to approve, reject, suspend, or terminate bidding privileges.
The bidder is responsible for maintaining the confidentiality and security of their username, password, bidder number, and account information and is responsible for all bidding activity conducted through their account.
The bidder must promptly notify Tiplersville Auction, LLC if they believe their account or login credentials have been compromised.
2. AUCTION WITH RESERVE
Unless an auction is specifically advertised as Absolute or Without Reserve, the auction is conducted With Reserve.
In an auction with reserve, the Seller and Tiplersville Auction, LLC reserve the right, as permitted by law, to establish minimum or reserve amounts, reject bids, and withdraw property prior to completion of the sale.
Any auction advertised as Absolute or Without Reserve will be conducted according to the laws and rules applicable to an absolute auction.
3. CATALOG, DESCRIPTIONS & BIDDER DUE DILIGENCE
Tiplersville Auction, LLC makes reasonable efforts to provide accurate photographs, descriptions, measurements, quantities, makes, models, serial numbers, conditions, and other information relating to auction property.
However, all catalog descriptions, photographs, statements, measurements, quantities, and other information are provided as a guide only and are not guaranteed.
It is the bidder’s responsibility to determine, to the bidder’s satisfaction, the condition, age, authenticity, genuineness, quality, quantity, value, suitability, safety, functionality, and all other relevant characteristics of any item or lot before bidding.
Bidders should not rely solely upon photographs or descriptions when making purchasing decisions. Tiplersville Auction, LLC strongly encourages bidders to personally inspect property during any scheduled preview or inspection period.
Normal wear, scratches, dents, discoloration, missing parts, repairs, deterioration, damage, modifications, or other defects may not be specifically described or photographed.
If photographs, descriptions, quantities, or other catalog information appear inconsistent, incomplete, or unclear, the bidder should contact Tiplersville Auction, LLC before bidding.
Tiplersville Auction, LLC reserves the right to correct catalog or clerical errors, revise descriptions, add information, or withdraw an item or lot before completion of the sale as permitted by law.
4. AS-IS, WHERE-IS — NO WARRANTIES — ALL SALES FINAL
ALL PROPERTY IS SOLD AS-IS, WHERE-IS, WITH ALL FAULTS.
Except as expressly required by law, neither Tiplersville Auction, LLC nor the Seller makes any representation or warranty, express or implied, regarding the condition, merchantability, fitness for a particular purpose, safety, durability, authenticity, age, quality, value, or suitability of any item.
Statements made by Tiplersville Auction, LLC, its employees, representatives, or the Seller are statements of information or opinion only and do not constitute warranties or guarantees.
This provision is particularly important with antique, vintage, used, mechanical, electrical, agricultural, industrial, collectible, and specialty items, which may contain defects, deterioration, modifications, unsafe conditions, missing components, or components that do not meet current standards.
The bidder assumes responsibility for inspecting and evaluating property before bidding.
ALL SALES ARE FINAL. THERE ARE NO RETURNS, EXCHANGES, BUYBACKS, REFUNDS, OR ADJUSTMENTS EXCEPT AS REQUIRED BY LAW.
5. BUYER’S PREMIUM, SALES TAX & OTHER CHARGES
A buyer’s premium will be added to each successful bid in the amount stated in the Auction-Specific Terms.
Applicable sales tax will be collected unless the buyer qualifies for a lawful exemption and has provided all required exemption documentation within the time required by Tiplersville Auction, LLC or the auction platform.
Buyers claiming tax-exempt status are responsible for ensuring that valid exemption information has been properly submitted and accepted before payment is processed.
Any applicable credit-card processing fees, wire fees, storage fees, handling fees, shipping charges, loading charges, or other charges will be disclosed in the Auction-Specific Terms or otherwise announced before bidding closes.
Please note: If you are the winning bidder on an item, the amounts shown on your invoice will reflect the standard purchase price. For payments made by cash, check, ACH, or wire transfer etc., the applicable buyer's premium rate will be reduced by 3% at the time of payment, reducing the amount due accordingly.
6. PAYMENT
The successful bidder is responsible for payment of the full purchase price, buyer’s premium, applicable taxes, fees, and other charges within the payment deadline stated in the Auction-Specific Terms.
Accepted payment methods are stated in the Auction-Specific Terms.
Tiplersville Auction, LLC may require certain purchases or high-dollar invoices to be paid by wire transfer, certified funds, cash, or another specified payment method.
Property will not be released until payment has been received and verified in full.
Checks or other non-immediate forms of payment may be subject to a clearance period before property is released or shipped.
Tiplersville Auction, LLC reserves the right to place reasonable payment or property-release holds when necessary to verify payment or reduce the risk of fraud.
7. NO IMPROPER CHARGEBACKS
By registering and bidding, the bidder acknowledges that auction purchases are final and contractually binding.
To the fullest extent permitted by law, the bidder agrees not to initiate an improper or unauthorized credit-card or debit-card chargeback for a valid auction purchase.
A legitimate billing error should first be reported promptly to Tiplersville Auction, LLC so that the matter may be reviewed.
If a bidder improperly reverses or attempts to reverse a valid payment, Tiplersville Auction, LLC reserves all rights and remedies available by law or contract, including collection of unpaid amounts and recoverable costs, fees, or damages.
8. DEFAULT OF BUYER
A successful bidder who fails to make full payment within the required time, refuses to complete the purchase, improperly reverses payment, fails to comply with required pickup or removal terms, or otherwise materially breaches these Terms & Conditions may be considered in default.
Upon buyer default, and subject to applicable law, Tiplersville Auction, LLC and/or the Seller may exercise any lawful remedy available, including one or more of the following:
- recover amounts lawfully due;
- resell the property publicly or privately;
- hold the defaulting buyer responsible for any recoverable deficiency between the original purchase price and the resale price;
- recover reasonable storage, transportation, handling, labor, resale, administrative, collection, and other expenses resulting from the default;
- recover reasonable attorney fees and court costs where permitted by law;
- suspend or permanently terminate the buyer’s bidding privileges; and pursue any other remedy available under applicable law.
- Resale of property following buyer default does not automatically relieve the defaulting buyer of responsibility for amounts lawfully owed.
9. BIDS ARE FINAL
Bidders are responsible for reviewing all bids before submission.
Once a bid has been submitted and accepted by the auction platform, it may not be withdrawn, reduced, or canceled except in the discretion of Tiplersville Auction, LLC or as otherwise required by law.
Mistakes in bidding, failure to inspect an item, misunderstanding of a description, failure to read these Terms & Conditions, or changes in the bidder’s circumstances do not ordinarily relieve the bidder of their contractual obligations.
10. MAXIMUM BIDDING
The auction platform may allow bidders to enter a maximum bid.
When a maximum bid is entered, the bidding system will generally advance the bidder’s bid only as necessary to maintain the bidder’s position, up to the maximum amount entered and according to the applicable bidding increments.
If identical maximum bids are submitted, priority may be determined by the order in which the bids were received by the auction platform.
Bidders are responsible for understanding the bidding system before placing bids.
11. AUCTION CLOSING, SOFT CLOSE & STAGGERED CLOSING
The scheduled auction closing time and any applicable soft-close, auto-extend, or staggered-closing procedure are stated in the Auction-Specific Terms or displayed on the auction platform.
When a soft-close or auto-extend feature is used, a bid placed within the stated extension period may cause bidding on the affected lot to remain open for an additional period.
This process may continue until the specified extension period passes without another qualifying bid.
A staggered closing may cause groups of lots to close at different times rather than all lots closing simultaneously.
Bidders are responsible for monitoring the auction and understanding the applicable closing procedure.
12. TECHNICAL PROBLEMS & INTERNET BIDDING
Internet bidding is provided as a convenience and service to bidders.
The bidder acknowledges that online auction technology may experience interruptions or failures involving internet connections, servers, software, devices, power, networks, telecommunications, data transmission, or other systems.
To the fullest extent permitted by law, Tiplersville Auction, LLC is not responsible for missed bids, delayed bids, inability to place a bid, internet interruptions, software malfunctions, device failures, or similar technical issues.
If technical difficulties materially affect the auction, Tiplersville Auction, LLC reserves the right to extend bidding, reopen bidding, continue bidding, postpone or reschedule the auction, or take other reasonable action necessary to conduct or complete the auction fairly.
Bidders wishing to ensure that a bid has been accepted should verify their bidding status through the online bidding platform.
13. AUCTIONEER AUTHORITY & CONDUCT OF THE AUCTION
The conduct of the auction is under the direction and control of Tiplersville Auction, LLC.
To the extent permitted by law and consistent with the advertised auction type, Tiplersville Auction, LLC reserves the right to:
- establish or change bidding increments;
- remove or withdraw an item or lot where permitted;
- correct catalog or clerical errors;
- reopen or extend bidding when appropriate;
- postpone, reschedule, or cancel an auction or portion of an auction where permitted;
- resolve bidding disputes; and
- take other reasonable actions necessary for the orderly conduct of the auction.
Decisions of Tiplersville Auction, LLC regarding the conduct of the auction are final to the extent permitted by law.
14. PICKUP & REMOVAL
All purchases must be picked up and removed during the date, time, and location stated in the Auction-Specific Terms unless different arrangements have been approved in advance by Tiplersville Auction, LLC.
Property will not be released until payment has been received and verified in full.
The buyer is responsible for verifying that all purchased items are present and accounted for before leaving the pickup location.
The buyer is responsible for bringing sufficient personnel, vehicles, trailers, tools, equipment, boxes, packing materials, straps, ropes, dollies, lifting equipment, and other materials necessary to safely remove purchased property.
Tiplersville Auction, LLC is not obligated to provide labor, equipment, loading assistance, packing materials, or transportation unless specifically stated otherwise.
Special pickup arrangements are not guaranteed. If arrangements outside the scheduled pickup period are approved, additional fees may apply.
15. LOADING, RIGGING & ASSUMPTION OF RISK
Buyers are solely responsible for the safe rigging, loading, removal, transportation, and handling of purchased property unless otherwise expressly stated.
Any person entering the inspection, pickup, loading, or removal premises does so at their own risk.
To the fullest extent permitted by law, persons attending an inspection, pickup, loading, or removal assume the risks associated with entering the premises or handling, moving, loading, or transporting property
Any assistance provided by Tiplersville Auction, LLC, the Seller, employees, agents, or representatives is provided solely as a courtesy and at the buyer’s risk unless otherwise expressly agreed in writing.
Buyers are responsible for damage caused by the buyer or persons acting on the buyer’s behalf to buildings, land, fixtures, vehicles, equipment, or other property during pickup or removal.
16. UNCLAIMED OR ABANDONED PROPERTY
Purchased property must be removed within the stated pickup period.
Property not removed within the required period may be subject to storage, handling, transportation, labor, removal, or disposal charges as stated in the Auction-Specific Terms or as otherwise permitted by law.
If purchased property remains unclaimed beyond the applicable deadline, Tiplersville Auction, LLC may, subject to applicable law, treat the property as abandoned and may store, remove, dispose of, donate, or resell the property.
Failure to timely remove property does not automatically relieve the buyer of responsibility for the purchase price or other amounts lawfully due.
Because estate and on-site auctions frequently require property to be removed within a limited period, bidders should not bid unless they are prepared to comply with the stated pickup requirements.
17. SHIPPING
Shipping is available only when specifically stated or approved by Tiplersville Auction, LLC.
The buyer is responsible for all packing, shipping, insurance, handling, third-party shipping, and related costs.
Tiplersville Auction, LLC may decline to ship items that are oversized, excessively heavy, fragile, hazardous, restricted, difficult to package, or otherwise unsuitable for shipment.
Tiplersville Auction, LLC may refer or deliver purchases to a third-party shipping provider. Any agreement between the buyer and a third-party shipping provider is separate from the auction transaction.
Items requiring shipment will not be released until applicable payment requirements have been satisfied.
To the fullest extent permitted by law, Tiplersville Auction, LLC is not responsible for loss or damage occurring after property has been transferred to an independent third-party carrier or shipping provider.
18. SPECIAL PAYMENT OR SECURITY REQUIREMENTS
Tiplersville Auction, LLC may establish additional payment or security requirements for certain categories of property or transactions where increased fraud, payment-reversal, title, regulatory, or shipping risks exist.
Such requirements may include wire transfer, certified funds, payment-clearance periods, proof of identity, proof of funds, or delayed release of property.
Any special requirements applicable to a particular auction or item will be stated in the Auction-Specific Terms, lot description, invoice instructions, or other notice provided by Tiplersville Auction, LLC.
19. COLLECTION COSTS, INTEREST & VENUE
The bidder agrees to pay reasonable attorney fees, court costs, collection expenses, and other costs incurred by Tiplersville Auction, LLC in collecting unpaid amounts to the extent recoverable under applicable law.
To the extent permitted by applicable law, unpaid balances may accrue a service or interest charge of up to two percent (2%) per month, or the maximum lawful rate if lower.
Unless otherwise required by applicable law or agreed in writing, any debt-collection proceeding or dispute involving Tiplersville Auction, LLC shall be brought in a court of competent jurisdiction in Tippah County, Mississippi.
20. LIMITATION OF LIABILITY & RESPONSIBILITY FOR BUYER’S ACTS
To the fullest extent permitted by law, Tiplersville Auction, LLC shall not be liable for loss or damage arising from a bidder’s failure to inspect property, failure to understand auction terms, failure to timely bid, technical issues, third-party shipping, removal activities, or the condition, operation, possession, transportation, or use of purchased property.
The bidder is responsible for claims, damages, losses, costs, or expenses caused by the bidder’s acts or omissions or by persons acting on the bidder’s behalf, including during inspection, pickup, loading, removal, transportation, or use of purchased property.
Nothing in these Terms & Conditions is intended to waive or limit liability that cannot lawfully be waived or limited.
21. UNFORESEEN CIRCUMSTANCES
Tiplersville Auction, LLC may postpone, extend, reschedule, relocate, suspend, or cancel an auction, preview, or pickup when reasonably necessary because of severe weather, natural disaster, public emergency, illness, government action, utility failure, technical failure, unsafe conditions, or other circumstances beyond reasonable control.
Updated information may be communicated through the auction platform, website, email, text message, or other reasonable means.
22. AUCTION-SPECIFIC TERMS CONTROL
The Auction-Specific Terms appearing at the beginning of these Terms & Conditions are incorporated into and form part of this agreement.
Additional terms contained in an individual lot description, auction notice, payment instruction, pickup instruction, or announcement by Tiplersville Auction, LLC are also incorporated when applicable.
If an Auction-Specific Term directly conflicts with a general provision of these Terms & Conditions, the Auction-Specific Term will control for that auction unless prohibited by law.
23. ACCEPTANCE OF TERMS
By registering for the auction or placing a bid, the bidder confirms that they have read, understand, and accept these Terms & Conditions and all applicable Auction-Specific Terms.
The bidder acknowledges that a successful bid creates a binding obligation to complete the purchase according to these Terms & Conditions.
DO NOT BID UNLESS YOU ARE PREPARED TO COMPLETE THE PURCHASE AND COMPLY WITH THE PAYMENT AND PICKUP REQUIREMENTS.
