Kiefer Auctioneers Terms & Conditions
Kiefer Auctioneers Terms & Conditions
Customer, Bidder, Purchaser, and Auctioneer hereby covenant and agree as follows by becoming a registered bidder and seller in Kiefer Auctioneers Public Auction:
These are Kiefer Auctioneers, LLC, Auction Terms and Conditions (this “Agreement”), for the auction listed on the auctions website or the auctions online bidding platform listing page. They consist of the complete outline below between you (“the Bidder”) and Kiefer Auctioneers known as (“Auctioneer”) or otherwise, (“Auction Company”).
These Bidder and Purchaser (“Terms and Conditions”) known as (this“Agreement”) shall mean and apply to all bids placed at the auction by registered bidders and purchasers, conducted by Kiefer Auctioneers, LLC, hereinafter called (“Auctioneer”). By registering to participate in an (“Auction”), whether a live on-site auction, or via a live simulcast online auction, a timed online auction (“Online Bidding”) or by electing to purchase auction items (“Auction Items”) by clicking the “Bid Now” and “Buy Now” icon on the applicable Auctioneer’s online bidding platform (each, an “Auction”), each person or entity (“Bidder”) and (“Purchaser”) expressly agrees to abide by these Terms and Conditions and “this Agreement”. Participation in the Auction by any person under the age of 18, not of sound mind or judgement, or not of legal authority and power, is strictly prohibited, and in violation of these Terms and Conditions within “this Agreement”.
This Auction Contract, hereinafter referred to as (“this Agreement”), states the terms of the parties’ agreement with respect to the auction and auction lot items, hereinafter referred to as “Auction Items”, “Lot Items”, or “Property”, being sold by Kiefer Auctioneers, LLC, on behalf of “Customer”. The Auctioneer acts solely as an agent in any transaction between the Customer, known herein as the (“Seller”), the Bidder, and the Purchaser. For the purpose of the Auction Terms and Conditions, this Agreement, the term (“Auction”) shall mean and refer to the auction conducted by the Auctioneer stated at the location, date, and time listed on the auction listing website: kieferauctions.com or on the auctions online bidding platform on ProxiBid.com for each respected auction.
For the purpose of this Agreement, the term (“Bidder”) shall mean and refer to each registered person or entity that enters or places a bid at Auction. A bidder who is the highest accepted and declared winning bidder at a Live Auction, Live Simulcast Online Auction, or an Online Timed Auction, is referred to herein as the (“Purchaser”). For the purpose of this Agreement, the term (“Event Land Owner(s)”) shall refer to the legal owner(s) of the real property (real estate) at auction location, and/or known as (“Sellers”).
By registering to bid in Kiefer Auctioneers auction, the Bidder hereby agrees and understands that they have read, understand, and agree to abide by Kiefer Auctioneers Terms and Conditions known as “this Agreement”, explicitly stated herein, prior to and by becoming a registered bidder. It is the bidder’s sole responsibility to obtain and understand these Terms and Conditions prior to bidding on any real property or auction items, or participating in the auction. The bidder agrees and accepts to be legally bound to these Terms and Conditions by becoming a registered Bidder and/or Purchaser in the auction. It is the bidder’s sole responsibility to read, understand, and/or request the Terms and Conditions for the auction from Auctioneer at any time prior to bidding on any auction items. All Terms and Conditions will be posted at the auction location on the day of auction, as well as listed online at: kieferauctions.com under the respected auction and posted online at: ProxiBid.com under Kiefer Auctioneers Terms and Conditions under the respected auction. All announcements and/or any additional Terms or Conditions made by the Auctioneer on the day of the Auction at any time, shall supersede any printed or oral materials, which shall also become legally bound to this Agreement.
All registered Bidder’s and Purchasers, WARRANTS, UNDERSTANDS, ACKNOWLEDGES, REPRESENTS, AND AGREES WITH AUCTIONEER, SELLER, AND EVENT LOCATION LAND OWNER(S), OF THE FOLLOWING:
Kiefer Auctioneers, it’s managing agent, owner(s), event location land (property) owner(s), seller, and any of their employees, officers, agents, heirs, successors, executors, administrators, assigns, subsidiaries, legal representatives, affiliates and personal representatives to forever release, discharge, waive, indemnify and hold harmless from and against all liabilities, actions, causes of actions, suits, damages, losses, judgements, claims and demands whatsoever, in law or in equity, including legal fees and disbursements, and from any and all liability for losses and/or damages to any of the auction items and/or personal property occasioned by, or in connection with any activity or action of the public auction event.
For any technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International).
- Public Auction. By registering to bid in our auction, you acknowledge and agree to Kiefer Auctioneers Terms & Conditions. Auctioneer, Seller, nor Event Location Land Owner(s) are responsible for any type of thefts, damage, accidents, fires, property damage or loss, and personal injuries.
- Live Auctions: Live Auctions will be conducted as a Live, Audible Auction, conducted by a Licensed Auctioneer on the date and time specified on the auction website listing page. The auction will be conducted on-site at the property address listed on the auction website page listing or marketing material, with registration beginning at 8:00 am CST on the day of the auction and on Auction Preview Day, the day prior to auction date. Bidding on-site will begin at the date and time listed on the website listing page for each respected auction. All auction items will sell “AS IS” “WHERE IS”, and is the sole responsibility of any potential Bidders to inspect and conduct your research of any and all lot items of interest prior to the auction. Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired, recordable Power of Attorney approved by Auctioneer prior to the auction. If a Bidder is bidding on behalf of a corporation, the bidder will be individually bound until the purchaser presents a corporate resolution prior to closing on real property or closing out an auction invoice for lot items. Bidders must provide a valid drivers license or identification card, current phone number, and current mailing address to register to bid.
- Live Online Simulcast Auctions: If you are unable to attend the Live Auction, you can participate in Real-Time Online Bidding and Pre-Bidding that will be available through ProxiBid, an online bidding platform, prior to and the date of auction. Pre-Registration with ProxiBid is required at: https://www.proxibid.com/Kiefer-Auctioneers/auction-house/11490 prior to Auction. Bidding will start immediately at the date and time listed on the website listing page for each respected auction via ProxiBid. Lots will begin with Lot#1 and end with the last Lot# as listed in the online catalog. Bidding will be available through an online bidding platform via ProxiBid, while utilizing a ProxiBid agent with a live auction staff ring man present at the on-site auction. Bidders must provide a valid drivers license, credit card, current phone number, and current address to register to bid online. For technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International)
- Online Timed Auctions: Bidding will begin at the time and date stated on the auction website listing page and will begin closing as an online timed format, at the date and time listed on the Auction website listing page, with Lot#1 and end with the last Lot # at the conclusion of the auction. The online timed auction will close one lot every minute. For an Online Timed Auction, ProxiBid is the final judge for determination of winning bids and upon such determination, the bid will automatically be accepted by the Auctioneer and create a Binding Obligation between the purchaser and Auctioneer. Purchaser will be notified by an email of the auction items won in the online auction. Bidders must provide a valid drivers license, credit card, current phone number, and current address to register to bid online. For technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International).
- Auction Procedures: The Auctioneer reserves the right to offer the auction items in any manner they choose. All decisions of Auctioneer are final as to the methods for conducting the auction and bidding disputes amongst bidders, the increments of the bidding, and all other matters and issues that may arise before, during, and after the completion of the auction. There will be open pre-bidding on auction items until the close of the auction on the auction date. The auction items will be sold in such a manner that results in the highest total sales price to Seller. Any bid submitted throughout the auction remains live until the auction is officially closed, or declared “Sold” by the Auctioneer. The bidder with the highest placed bid becomes known as the high bidder of the auction items for which a bid is placed and is legally required to pay for such auction items . Various occurrences may cause any given bid to become the high bid on the auction items made subject of that bid. Auctioneer reserves the right to remove any item(s) from auction or skip item(s) once auction has began. In the event an auction item is removed from auction or skipped, any pre-bids and/or absentee bids will be null and void. In the event there is a tie bid between an online bidder and on-site bidder, the tie bid will go to the on-site bidder.
- Payment will be processed immediately at the conclusion of the auction or when the lot item has been declared sold. You MUST check out and process payment with a staff member of Kiefer Auctioneers at the on-site office and/or via phone or text at (940) 391-9111. Please leave or send a detailed message with your name and bidder/paddle # on how and when you will be paying, or run your card on file. Anyone whom doesn’t make contact with Auctioneer or Auction Company by 5:00 pm CST on the day of auction, allows the Auction Company to process payment with the credit card on file. Payment can be made with CASH, or via a credit or debit card with a 3.79% convenience fee, or by an authorized Wire Transfer with approval from Kiefer Auctioneers prior to the start of the auction. All Wire Transfers MUST be deposited into our banking account with the provided wiring instructions by the following business day morning, immediately following the auction, to avoid daily penalties and interest, or via a Check with a Bank Letter of Guarantee, (with permission from the Auction Company PRIOR to the start of the auction). Any check written over $250 must clear the bank before the buyer will be able to remove their items. No exceptions. So, we HIGHLY ENCOURAGE YOU TO BRING CASH. International Buyers MUST contact Auctioneer PRIOR to auction to leave a valid deposit set forth upon the discretion by the Auctioneer. International Buyers must wire transfer full payment in US dollars directly from your banking institution to Kiefer Auctioneers banking account via the provided wiring instructions on your emailed invoice (so, make sure you have a correct and valid email address upon registration), no later than the following business day of the auction date, to avoid additional daily penalties and interest. No exceptions will be made. You MUST contact Auction Company no later than 5:00 pm CST at (940) 391-9111 on the day of the Auction!!! International Buyers will NOT be refunded sales tax. No exception will be made. No International checks will be accepted. All buyers should be available by phone (or another phone number provided at registration) immediately following the auction to notify the auction company how payment will be made by close of business or 5:00 pm CST on auction day. Please call the Auction Company with this information at (940) 391-9111. If the auction company does not hear from you by close of business on the day of auction, no later than 5:00 pm CST, you agree and allow the auction company to process your payment with your card on file. There will be no refunds once a payment is made and / or the card on file has been run because the buyer / purchaser failed to contact the auction company. See additional terms and conditions below. No exceptions will be made. Once payments are received, a paid invoice will be given to the winning buyer to present to auction staff when removing any item. A paid invoice will be required to remove purchases. No items may be removed until payment is made in full. Purchasers will be responsible for a $25 Title Handling fee on any lot with a Title.
Additionally, If you bid online or in person, you are legally responsible for placing any such bids and paying for the item(s) you bid on in its entirety that you are the registered winning bidder on!!! Absolutely, NO EXCEPTIONS WILL BE MADE even if it is an honest mistake, and / or you didn’t push the button, or even if your baby rolls onto the computer mouse and places a bid for you. We have heard every excuse there is. Please KNOW this is a legitimate auction business and by registering in this auction you are agreeing to adhere and abide to all of our Terms & Conditions and agree to make full payment on all items purchased to avoid any additional daily accrued interest fees. You further agree not to dispute any purchases made on any credit or debit cards, as you are legally responsible n such auction. Remember again, if you bid online, you are legally responsible for placing that bid. If you are the registered high bidder on any item sold, you are legally responsible for the full payment of the bid placed. No exceptions will be made! AUCTIONEER IS NOT RESPONSIBLE OR LIABLE FOR ANY ITEM(S) NOR THE ITEM(S) CONDITION AT THE COMPLETION OF THE AUCTION. The Purchaser is fully responsible for the item(s) purchased at the auction and releases any and all liability from the Event Land Owner(s), Seller, and Auctioneer. Should Purchaser fail to pay in full for an Auction Item(s) within 48 hours following the completion of the auction, Purchaser shall remain fully responsible for the purchase price and for any and all buyer’s fees applicable thereto. In addition to all other rights of Auctioneer contained herein, if a default occurs and Purchaser has not made full payment by 48 hours from auction completion, Auctioneer may, in its sole discretion, elect to: (a) charge a 2% late fee and, for so as long as the default continues to occur, all outstanding financial obligations shall bear interest at the interest rate of 18% ANNUM (the “Default Interest Rate”) . The Default Interest Rate shall apply from the date of the default through the time any judgment thereon is paid in full; or (b) declare any Auction Item(s) for which full payment has not been received a “No Sale” and charge a 20% restocking fee with respect to each such Auction Item equal to the greater of (i) 20% of the applicable sale price for the Auction Item or (ii) $250. • If for any reason a court or arbitrator(s) deems the Default Interest Rate excessive or impermissible, the arbitrator(s) or judge shall impose the maximum default interest rate permitted and all other terms contained herein shall remain valid and enforceable. The Bidder acknowledges and agrees that Purchaser shall be responsible for any applicable towing, storage and restocking fees and all reasonable attorneys’ fees, court costs, default interest and other costs incurred by Auctioneer associated with the enforcement of this provision. Additionally, the Bidder agrees to pay for purchases, and Bidder represents that he/she has funds necessary for such payment and purchased items. All item(s) must be paid in full before bidder leaves the auction premises. No item(s) will be removed until payment is made in full or it will be considered theft of property and charges will be pressed. Payment not made by final removal date deadline will be subject to late fees, penalties, and any and all interest plus, any and all expenses related to collection cost. Should Bidder fail to pay for any or all purchased item(s), for whatever reason, including an insufficient check or stopped payment check, and/or credit card charge back, Auctioneer shall have the cumulative and legal rights set forth herein in these Purchaser Terms and Conditions of the auction. Auctioneer will contact the District Attorney and/or Sheriff’s Office, for any checks that are returned for insufficient funds, stopped payment check, charge backs, or closed accounts, and will proceed with all necessary legal action needed for collection and/or prosecution for recovery of funds. Bidder agrees to not reverse or dispute charges for purchases paid by credit or debit card. By agreeing to the these Terms and Conditions of auction, the Bidder does authorize Kiefer Auctioneers, LLC to capture and collect any and all balance due on any outstanding invoice and charge credit cards on file, if the invoice is not paid in full within 48 hours of auction completion. There will be a 10% Buyer’s Premium to all registered bidders that will be added to the auction items purchase price, in addition to any tax and other fees incurred. If an item sales for $90, you will pay $99, so bid accordingly.
- Sales Tax: will be charged unless the buyer has provided a signed Sales Tax Resale Certificate or Agriculture Exemption Certificate. All buyers MUST email or provide their signed resale certificate or agriculture exemption certificate prior to the end of the auction in person or emailed to: email@example.com or sales tax will be applied. No exceptions will be made. International buyers will be required to pay sales tax . Furthermore, the Bidder understands they are liable for payment of sales or use taxes which may become due for failure to comply with the provisions of Federal, State, and Local tax codes for any item(s) sold as tax exempt or for resale. The Bidder additionally understands that it is a criminal offense to give an exemption certificate to the Auction Company for taxable items that the bidder knows is a taxable purchase at the time of purchase, and will be used in a manner other than that expressed in the certificate and depending on the amount of tax evaded, the offense may range from a Class C Misdemeanor to a Felony of the Second Degree.
- Removal: Immediately following the conclusion of the auction until 5:00pm on Auction Day. Additionally, you may also pick-up your paid items on Sunday following the auction from 10:00am – 3:00pm and Monday – Friday, following auction date, from 9:00am -4:00pm. Any additional arrangements will need to be made with the Auctioneer at (903) 821-8717 immediately following the auction. Announcements on removal will be made immediately PRIOR to the start of the auction, should it be different than what is outlined herein or on any auction website listing pages. Any additional arrangements MUST be made with the Auctioneer immediately following the auction in writing with buyer and auctioneer authorizing such an agreement. AUCTIONEER DOES NOT OFFER SHIPPING BUT CAN PROVIDE SHIPPING RECOMMENDATIONS. SHIPPING IS NOT INCLUDED IN BUYERS PURCHASE PRICE. Bring your paid receipt for removal of all items purchased. Anything remaining after removal time will be considered abandoned. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and/or remove your items during the published removal times. Auctioneer, nor Seller, is responsible for any type of thefts, accidents, fires, auction item defects, dents, property damage and loss, and/or personal injuries. Auctioneer is not responsible for providing loading equipment after stated removal dates. Auctioneer is not responsible nor liable for any type of any type of thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries while, during, and after the removal of any auction item(s).
- Firearm sales: must comply with applicable Texas & Federal regulations, and a “DENIED” status issued by the NICS System will not cancel the successful bidders obligations purchase payment. Firearm purchases not picked up in person must be transferred to a FFL Licensee Dealer. BUYER AGREES TO HOLD HARMLESS KIEFER AUCTIONEERS, THE OWNERS OF THE PROPERTY BEING AUCTIONED OFF AND ANY EMPLOYEES FROM ANY LIABILITY RESULTING FROM THE PURCHASE OF INHERENTLY DANGEROUS PRODUCTS. The cost of shipping and transfer from the Licensed Dealer being used to the designated FFL Licensee Dealer is the buyers responsibility for each firearm. ALL SALES ARE FINAL. All items are offered subject to federal, state and C.I.T.E.S. treaty requirements. All buyers must pass a background check before picking up any firearms. No exceptions will be allowed.
- Loading On-Site: Kiefer Auctioneers will be on-site to help load-out anything within reasonable weight from the auction during the stated removal load-out dates on auction website listing page. If additional loading requirements are needed, this is the buyers sole responsibility and financial obligations. Kiefer Auctioneers will help to facilitate shipping. It is the purchasers duty and obligation to comply and pay for any type of shipping needs and rates associated with the shipment of items. Auctioneer is not responsible nor liable for any type of any type of thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries while, during, and after loading out any auction item(s). Bidder releases and holds harmless Auctioneer, Seller, and Event Location Land Owner(s) from any and all liability connected with the removal, load-out, and transportation of auction item purchases and any and all future uses for the goods purchased herewith.
- Contract Movers: Should Purchaser hire or contract with a Contract Mover or any type of Machinery Mover or other such type of outside moving contractor, the Auctioneer is not responsible nor liable for any type of any type of thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries while, during, and after loading out any auction item(s). Purchaser agrees to obtain PROPER INSURANCE from any contract movers for such work to be completed on the auction premises, protecting Kiefer Auctioneers, and the Event Land Owner(s), and Purchaser, against any and all such claims arising from thefts, accidents, auction item defects, dents, fires, property damage and loss, and/or personal injuries created by their actions and/or with the assistance of Auction Company’s employees. Any person who brings their own motorized or powered equipment onto the sales premises to dismantle or remove equipment, must provide the Auctioneer with PROPER INSURANCE as stated above. Purchaser releases and holds harmless Auctioneer, Seller, and Event Location Land Owner(s) from any and all liability connected with the removal, load-out, and transportation of auction item purchases and any and all future uses for the goods purchased herewith.
- Everything is sold “As-Is”: NO WARRANTY; AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID OR PURCHASED AUCTION ITEMS AT AN AUCTION ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER (“SELLER”) MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL. Bidders should rely solely on their own inspection of all auction items prior to the auction and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect when they are bidding on auction items. There are NO REFUNDS OR RETURNS. Although every reasonable effort has been made to ensure the accuracy of the information contained on kieferauctions.com under the respected auction listing page and on ProxiBid.com respected auction for Kiefer Auctioneers, absolute accuracy cannot be guaranteed. On both of theses sites, and all information and materials appearing on it, are presented to the user “as is” without warranty of any kind, either express or implied. All auction items sold with a title and/or bill of sale, do not include any applicable tax, title, license, processing and/or documentation fees to register and title the auction item. Only a title handling fee is charged by auction company. Bidder and Purchaser releases and holds harmless Auctioneer, Seller, and Event Location Land Owner(s) from any and all liability connected with the removal, load-out, and transportation of auction item purchases and any and all future uses for the goods purchased herewith.
- Bidding; Buy Now: (a) When bidding at a live Auction, after the winning bid has been established by Auctioneer, the bid will be automatically accepted by Auctioneer and create a binding obligation to purchase the Auction Item between Purchaser and Auctioneer (a “Binding Obligation”). (b) When Online Bidding, ProxiBid is the final judge for determination of winning bids and, upon such determination, the bid will be automatically accepted by Auctioneer and create a Binding Obligation between Purchaser and Auctioneer. Purchaser will be notified of the completion of the Binding Obligation, auction items won, by an email or other notification generated automatically by Auctioneer. (c) When purchasing an Auction Item via “Buy Now” on Auctioneer’s website, by clicking the “Buy Now” icon for the listed purchase price of such Auction Item, the purchase commitment of Purchaser will be automatically accepted by Auctioneer and become a Binding Obligation between Purchaser and Auctioneer. Purchaser will be notified of the completion of the Binding Obligation by an email or other notification generated automatically by Auctioneer. (d) Should a Bidder become the winning Purchaser at an Auction, such Purchaser will be contractually obligated to pay for and remove the Auction Item from the location where such Auction Item is located in accordance with the paragraph entitled Removal of Auction Items and Load-out dates. Bids cannot be removed for any reason after 8 pm CST on the date prior to the Auction. If you bid online, you are legally responsible for placing that bid. If you are the registered high bidder on any auction item sold, you are legally responsible for the full payment of the bid placed. No exceptions will be made! For technical online bidding issues, please contact ProxiBid at: (877) 505-7770 (United States) +1 (402) 505-7770 (International)
- Bidder’s Duty: To Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in the auction. Auction Preview Date is the day prior to the auction date from 10:00 am – 3:00 pm or by appointment with the Auctioneer. The Auctioneer strongly encourages you to attend the scheduled Auction Preview Day for the auction, which will take place on the date listed on the auction listing page or to make an appointment with the Auctioneer prior to the day of auction. If you choose not to attend the scheduled preview date or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. After a Bidder has won the bid with his or her high bid when the Auctioneer says “Sold”, the Bidder and/or Purchaser then accepts all risk of loss, damage, theft, accidents, fires, property damage, and/or personal injuries, that immediately passes to Bidder, even though Bidder may have not paid for the item(s) yet, Bidder is still legally responsible for auction item. Auctioneer highly encourages Purchasers and Bidders to obtain any type of suitable insurance deemed appropriate to protect Purchasers assets. Bidder should pay and guard their item(s) accordingly.
- Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in the auction will not be grounds for refusal to pay any and all amounts due, nor for any claim against the Auctioneer. On the auction listing sites, all information and materials appearing on it, are presented to the user “as is” without warranty of any kind, either express or implied.
- Inspections: Neither Auctioneer nor Seller is responsible for any inspections prior to or after the purchase of any auction item or real property. Descriptions provided by Auctioneer are solely for the purpose of reporting on the visible condition of the Auction Item(s) major systems and attachments observed on the day of inspection and do not include road testing or load testing of mechanical condition. Purchaser acknowledges that conditions and damages can change and occur during the time between initial inspections, auction day, and time of removal. Purchaser is solely responsible for any inspection required with respect to equipment or vehicle Auction Item(s) that have upper units or chassis (e.g., cranes, man lifts, buckets, diggers, construction equipment, trailers or vehicles of any type). Purchaser is solely responsible for ensuring that each Auction Item is given thorough inspections according to the manufacturer’s recommendations by only those persons who are able to detect and assess defects and potential hazards that could limit the safe performance of the Auction Item’s functions. Bidder agrees it is bidders responsibility to inspect each item before bidding, and acknowledges that Auctioneer makes no guarantee or warranties, either expressed or implied, as to the condition of any item. Bidder agrees and understands that descriptions or statements in the auction catalog and internet websites are only for a guide and Auctioneer makes no guarantee of the accuracy of the descriptions in the catalog or on internet websites.
- Injury and Damage: Bidder and Purchaser acknowledges responsibility for any personal injury or property damage caused by Purchaser, Bidder, Bidders guests, agents, or contractors. Purchaser and Bidder agree to hold harmless Kiefer Auctioneers, LLC and Seller, from any personal injury to himself, guests, agents, or contractors, and any property damage incurred on auction premises. Purchaser and Bidder releases Auctioneer, Seller, and Event Land Owner(s) from any and all liability connected with the removal, load-out, and transportation of auction item purchases and any and all future uses for the goods purchased herewith.
- Buyer is Responsible: Seller, Auctioneer, Bidder, and Purchaser expressly agree that the Purchaser is responsible for and agrees to indemnify Seller, Auctioneer, Event Land Owner(s) and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction.
- Chargebacks Prohibited: Purchaser agrees that they will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back or file disputes on any amount or item that the Auctioneer charges to your credit card that you authorized. You agree that this provision applies equally to all amounts charged in connection with any auction items you have won and any such buyer’s premium or sales tax applicable. Additionally, should legal ramifications ensue, the Purchaser fully agrees and accepts any and all legal fee’s associated in such matter involved.
- Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you bid online, you are legally responsible for placing that bid. If you are the registered high bidder on any item sold, you are legally responsible for the full payment of the bid placed. No exceptions will be made! You further agree to pay (a) any cost associated with the collection and payment of the item.
- Disposal of Unclaimed Items: In the event, you refuse to pay for or abandon any auction item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned auction item. You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned auction items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
- Suspension of Bidding Privileges: Bidder and/or Purchaser understands and agrees that any violation of these Terms and Conditions — and/or any unsafe or illegal activity during any auction-related event — may result in the Auctioneer suspending your bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity. Auctioneer reserves the right to revoke bidder number and bidding privileges from any registered bidder and have that individual and their parties leave the auction premises. Bidder acknowledges responsibility for payment of any bids placed prior to revocation. Photography, video and audio recording is used on the premises and will be used for security and/or promotional purposes.
- Titles to Vehicles: With respect to each titled auction item for which Auctioneer has received payment in full, unless otherwise provided in the auction item’s description on the Auctioneer’s auction listing page for the auction item, Auctioneer guarantees free and clear title to the titled auction item per the Sellers accord. Auctioneer shall use its best efforts in accordance with applicable law to obtain and convey to Purchaser title to such titled auction item; provided, however, that should a delay in the obtaining the title occur, Auctioneer shall in no way be responsible for any losses, damages, attorney’s fees, costs of any kind, interest, punitive damages or any other type of damages resulting from such delay and Auctioneer shall have no liability to Purchaser or any subsequent purchaser for any title delays for any reason whatsoever. Auctioneer may provide the name of Seller upon request by Purchaser. On the auction listing sites, and all information and materials appearing on it, are presented to the user “as is” without warranty of any kind, either express or implied. All auction items sold with a title and/or bill of sale, do not include any applicable tax, title, license, processing and/or documentation fees to register and title the auction item. Only a title handling fee is charged by auction company. Titles will be certified mailed to Purchasers within 2 weeks of auction date.
- Attendance At Auction Site: Each person attending an Auction acknowledges that an auction site is a potentially dangerous place. Flammable, corrosive and pressurized substances will be present, heavy equipment is being operated and electric circuits may be live. Each person attending an auction at an auction site before, during or after the auction shall be deemed to be there at his or her own risk without notice of the condition of the premises, the activities on the premises, and the conduct of third parties or contractors, and each Bidder and/or Purchaser shall notify such Purchaser and/or Bidder’s agents and employees of the foregoing. No person or entity shall have any claim against Auctioneer, Seller, Event Location Owner(s), its agents, employees or principals for any injuries sustained, or for any damages to or loss of property which may occur from any cause whatsoever at an auction site.
- Additional Terms: Auction Items may be added to the auction. In an emergency situation, Auctioneer reserves the right to remove any auction item from the auction. The information listed online or included in any auction brochure is only a guideline and the accuracy of such information cannot be guaranteed. Bidder also agrees and understands by registering for an auction, the Bidder agrees to receive advertisements by email, regular mail, phone call or text message from Auctioneer and/or Auction Company. Bidder understands and agrees to any phone or text charges that may apply. Bidder and Purchaser understand and agree to any Photography, video, and audio recordings used at the premises and during the auction and will be used for security, legal, and/or promotional purposes.
- Communication; Information Sharing: Bidder authorizes Auctioneer to (i) contact it via phone, email or text regarding company business and (ii) process and share information regarding the bidder with the original equipment manufacturer (“OEM”) of any Auction Item purchased hereunder and any of the OEM’s dealers or service providers in Purchaser’s geographic area. Auctioneer shall have no liability to Purchaser for the disclosure of any information regarding such Purchaser to the applicable OEM, its dealers, service providers or other representatives. Bidder understands and agrees to any phone or text charges that may apply. Bidder and Purchaser understand and agree to any Photography, video, and audio recordings used at the premises and during the auction and will be used for security, legal, and/or promotional purposes.
- Assumption; Waiver; Indemnity; Non-Sales: Purchaser assumes all liability whatsoever resulting from the possession, use or disposition of each Auction Item purchased at an Auction. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and each of its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the Auction Items purchased at the Auction or use thereof, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) the loading, transport, ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, and/or any property damage or bodily injury arising therefrom, or (ii) the enforcement of this indemnity by Auctioneer. In the event any Auction Item is deemed a “Non-Sale” by Auctioneer for any reason, Purchaser’s sole remedy shall be an adjustment to or refund of Purchaser’s invoice by an amount that shall in no event exceed the original purchase price of the adjusted lot and Auctioneer shall have no additional liability to Purchaser for any loss or damage arising from or relating to such “Non-Sale”.
- Governing Law and Venue: These Terms and Conditions will be governed by and construed under the laws of the State of Texas.
- Claims and Choice of Venue: Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in the County in Texas the auction is conducted in, or in the Federal District Court of Texas, where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney’s fees.
- Entire Agreement: These Terms and Conditions contain the entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
- For questions, please contact Auctioneer, Cory Kiefer: (903) 821-8717 or firstname.lastname@example.org. TX LC#16155