This Agreement (the “Agreement”) sets forth the terms and conditions governing the conduct of the auction and the bidding process for the public auction event conducted by Kiefer Auctioneers, LLC (the “Auctioneer” or “Auction Company”), as listed on the auction’s website or the auction’s online bidding platform.
By registering as a bidder (“Bidder”) or purchaser (“Purchaser”) in any auction conducted by Kiefer Auctioneers, LLC, whether through a live, on-site auction, a live simulcast online auction, a timed online auction, or any other auction platform, the Bidder and Purchaser hereby covenant and agree to be bound by this Agreement.
The terms “Bidder,” “Purchaser,” “Auctioneer,” “Auction Company,” “Seller,” “Event Land Owner(s),” and “Auction Items” shall have the following meanings:
By registering to participate in any auction conducted by Kiefer Auctioneers, the Bidder and Purchaser hereby represent and warrant that they have the legal capacity and authority to enter into and be bound by this Agreement. Participation by any individual who is under the age of 18, or by any individual who is not of sound mind, judgment, or legal capacity, is strictly prohibited. Any such participation shall constitute a violation of this Agreement, and the Auctioneer reserves the right to immediately disqualify any individual found to be ineligible.
By registering as a Bidder or Purchaser, each participant acknowledges, affirms, and agrees to be bound by and comply with the terms and conditions set forth in this Agreement. It is the sole responsibility of the Bidder and Purchaser to review these Terms and Conditions prior to placing any bid on an Auction Item. Bidders are strongly advised to request a copy of the Terms and Conditions from the Auctioneer at any time before submitting a bid.
This Agreement shall apply to and govern all auctions conducted by Kiefer Auctioneers, including but not limited to on-site auctions, live online simulcast auctions, timed online auctions, and any other auction platforms utilized by the Auctioneer. The Terms and Conditions will be made available for review at the auction venue on the day of the auction and will also be accessible on the Auctioneer’s website (kieferauctions.com) or the applicable online bidding platform for the auction. Bidders may request a copy of the Terms and Conditions at any time prior to registering for the auction by emailing info@kieferauctions.com. Should a Bidder require assistance in obtaining, reviewing, or understanding the Terms and Conditions, the Bidder shall immediately contact Kiefer Auctioneers at (940) 391-9111 or (903) 821-8717.
The Auctioneer is acting solely as an intermediary and agent for the Seller in connection with the auction transaction. The Auctioneer shall not be held liable for any damages, claims, losses, injuries, clerical or human errors, or disputes arising out of or in connection with the auction, the Auction Items, or any actions taken during or after the auction. All bids placed by participants are legally binding, and the Auctioneer reserves the right, at its sole discretion, to cancel, modify, or reschedule any auction event without liability.
By participating in the auction, the Bidder and Purchaser agree to indemnify, defend, and hold harmless the Auctioneer, its affiliates, officers, directors, employees, agents, heirs, successors, and assigns, as well as the Seller, Event Land Owner(s), and their respective officers, agents, employees, heirs, legal representatives, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, actions, liabilities, damages, losses, injuries, theft, or expenses of any kind, including but not limited to legal fees, costs, and disbursements, arising out of or related to the auction event, the Auction Items, or the use, handling, or transport of such Auction Items, whether caused by clerical or human errors, injury, property damage, accidents, theft, acts of God, or any other claims or circumstances. Failure to pay any corrected balance due to a clerical or human error shall constitute a default under these Terms and Conditions. The Auctioneer may pursue all available remedies, including legal action, to recover amounts owed.
Any announcements made by the Auctioneer during the course of the auction, including but not limited to modifications, clarifications, or updates to these Terms and Conditions, shall supersede and take precedence over all prior written or oral terms and conditions. Such announcements shall be deemed legally binding and incorporated as part of this Agreement.
In the event of any technical issues or disruptions related to online bidding, Bidders are instructed to promptly contact ProxiBid for assistance at:
By registering for and participating in the auction, the Bidder and Purchaser irrevocably agree to be bound by this agreement with regards to the laws of the State of Texas, specifically the laws of Denton County, Texas. The Bidder and Purchaser further acknowledge and consent that any legal disputes, claims, or actions arising out of or related to this Agreement shall be exclusively resolved in the courts located in Denton County, Texas. The Bidder and Purchaser submit to the personal jurisdiction of such courts for the resolution of any such disputes.
This Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, without regard to its conflict of law principles. Venue for any legal action arising out of or related to this Agreement shall lie exclusively in the courts located in Denton County, Texas, which shall have sole and exclusive jurisdiction over any such actions. The Bidder and Purchaser expressly consent to the jurisdiction and venue of the courts in Denton County, Texas, for the resolution of any disputes arising under this Agreement. By completing the registration process, the Bidder and Purchaser affirm that they have read, understood, and agree to be legally bound by these Terms and Conditions, including the provisions regarding legal enforcement and jurisdiction.
By registering to participate in the auction, the Bidder and Purchaser acknowledge and agree to be bound by these Terms and Conditions. The Auctioneer, Seller, and Event Location Land Owner(s) shall not be held responsible or liable for any loss, theft, damage, accident, fire, property damage, injury, or any other liability arising out of or in connection with the auction, including, but not limited to, any incident involving the Auction Items.
Live Auctions will be conducted as an in-person, audible auction conducted by a Licensed Auctioneer on the date and time specified on the auction listing page of the auction website. The auction will take place on-site at the property address listed on the auction website or in any related marketing material, with registration beginning at 8:00 AM CST on the day of the auction, unless otherwise stated on the auction listing page. The Auction Preview Day, is typically held the day prior to the auction and takes place from 10:00 AM – 3:00 PM CST or by appointment with the Auctioneer, unless otherwise specified on the auction listing page on KieferAuctions.Com or the designated online auction platform.
Bidding on-site will commence at the time indicated in the auction listing. All Auction Items will be sold “AS IS” and “WHERE IS,” with no warranties, express or implied. It is the sole responsibility of the Bidder and/or Purchaser to inspect the Auction Items and conduct due diligence prior to bidding.
Any individual bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney to the Auctioneer before the auction begins. Otherwise, the person bidding will be deemed legally responsible for payment of any Auction Items for which they place a bid. If a Bidder is representing a corporation, the individual bidding on behalf of the corporation will be personally bound by these Terms and Conditions and required to settle all purchases until a corporate resolution is presented to the Auctioneer, prior to closing on real property or finalizing payment for any lot items. Bidders must provide a valid driver’s license or identification card, a current phone number, and a current mailing address to register.
If you are unable to attend the live auction in person, or the auction is a live virtual auction with no live auction attendees, you can still participate in real-time online bidding through the designated online bidding platform. Pre-bidding will be available prior to the live auction date. Pre-registration on the designated online bidding platform is required at KieferAuctions.Com. Bidding will begin at the time and date specified on the auction listing page. All Auction Items will be sold “AS IS” and “WHERE IS,” with no warranties. It is the sole responsibility of the Bidder and/or Purchaser to inspect the Auction Items and conduct due diligence prior to bidding.
Any individual bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney prior to the auction, or they will be deemed responsible for payment of all Auction Items they bid on. If the Bidder is bidding on behalf of a corporation, the Bidder will be personally liable for all purchases until a corporate resolution is provided to the Auctioneer before closing on any real property or the finalization of any auction invoices.
Bidding will begin at the time and date specified on the auction listing page and will proceed in a timed online format. The auction will close sequentially, with one lot closing every minute, beginning with Lot #1 and continuing until the final Lot, as listed in the online catalog. The Online Timed Auction will be conducted exclusively through the designated online bidding platform listed on KieferAuctions.Com, which shall be the final authority in determining winning bids. Upon confirmation of the winning bid, the bid shall be automatically accepted by the Auctioneer, and a binding obligation to purchase the Auction Item shall be formed. All Auction Items will be sold “AS IS” and “WHERE IS,” and it is the sole responsibility of the Bidder and/or Purchaser to inspect and research any and all Auction Items prior to placing bids.
Any person bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney to the Auctioneer prior to the auction. Otherwise, the Bidder will be held legally responsible for payment on any Auction Items purchased. If the Bidder is bidding on behalf of a corporation, the Bidder will be personally liable for all purchases until a corporate resolution is provided to the Auctioneer before closing on any real property or the finalization of any auction invoices.
An “Absolute Auction” is an auction in which the Auctioneer is obligated to sell the Auction Item to the highest Bidder without reserve or minimum price. The Auctioneer, Seller, and/or any related party expressly waive the right to reject any bid, and the Auction Item shall be sold to the highest Bidder regardless of the final bid amount. The Seller agrees to sell the Auction Item regardless of any price limitation, including but not limited to a reserve price or a minimum bid requirement.
A “Reserved Auction” is an auction in which the Auctioneer reserves the right to set a minimum acceptable price for the Auction Item, known as the “reserve price.” The Auction Item shall not be sold unless the highest bid meets or exceeds the reserve price, which may be disclosed or undisclosed at the discretion of the Seller. The Seller and/or Auctioneer may reject any bid that does not meet the reserve price, and the Auction Item may not be sold if no bid meets the reserve price. In a Reserved Auction, the Seller maintains the right to withdraw the Auction Item from the auction prior to the conclusion of bidding, and no sale will be consummated unless a valid bid meets or exceeds the reserve price.
By participating in either an Absolute Auction or a Reserved Auction, the Bidder and Purchaser agree to be bound by the applicable terms governing the specific type of auction, and to comply with all conditions related to the bidding process, including the potential withdrawal or rejection of bids.
All Auction Items are sold “AS IS” and “WHERE IS,” without any warranty, either express or implied, concerning their condition, authenticity, or suitability for any particular purpose. The Auctioneer reserves the right to sell any Auction Items in any manner deemed appropriate, including determining the increments of bidding, methods of sale, and resolving any bidding disputes. The decisions of the Auctioneer are final in all matters related to the auction, lot items sold price, including the removal, skipping, or grouping of any Auction Item.
Auction items will be sold in a manner that achieves the highest total sales price. Each item remains open for bidding until it is closed or declared “Sold” by the Auctioneer. The highest bidder at the time an item is declared “Sold” becomes the “Purchaser” and is obligated to pay the final bid amount. Purchasers agree to pay the price for which the lot was declared sold by the Auctioneer, regardless of any clerical or human errors. The Purchaser further agrees to comply with and be bound by the Auctioneer’s declared “Sold” price.
In the event that an auction item is removed or skipped, all pre-bids and absentee bids associated with such items will be voided. If a tie bid occurs between an on-site bidder and an online bidder, the tie bid will be awarded to the on-site bidder.
Winning bidders, hereafter referred to as “Purchasers,” will receive an invoice from Kiefer Auctioneers via email following the conclusion of the auction. Purchasers are responsible for checking their spam or junk folders for the invoice. Payments will be processed immediately after the auction. To ensure prompt payment, Purchasers must contact the Auction Company by phone (leave a voicemail) or by text message to: (940) 391-9111 with their detailed information (name, paddle/bidder number, etc.) and how they intend to make payment, or to use their credit or debit card on file. All credit and debit card transactions will be processed with a 3.79% convenience fee. Auction Company will run the Purchasers card on file after the auction unless, the Purchaser contacts the Auction Company to arrange an alternative payment method immediately at the conclusion of the auction.
Payment for Auction Items are considered due once the item is declared “Sold” by the Auctioneer. Purchasers must pay the full amount due on their invoices before removal of any Auction Item. Invoices must be paid in full within 24 hours. Failure to make payment by the specified deadline will result in penalties, including a 2% late fee and default interest of 18% per annum. Additionally, the Auctioneer shall have the exclusive right to declare any Auction Item(s) as a “No Sale” and charge a 25% restocking fee for such items. If payment is not made by the Purchaser in full by the specified deadline, the Purchaser will be responsible for any collection costs, including legal fees, and any costs incurred in enforcing this Agreement.
Accepted methods of payment include cash, credit or debit card (subject to a 3.79% convenience fee), wire transfer, or check with a Bank Letter of Guarantee. For checks over $250, the check must clear the bank before items may be removed. Wire transfers must be completed by the next business day.
International Purchasers must contact the Auctioneer before the auction to arrange for a valid deposit. International payments must be made via wire transfer in U.S. dollars by the next business day. No refunds will be issued for sales tax to international buyers, and international checks will not be accepted.
Correction of Clerical Errors:
The Auctioneer reserves the right to correct any clerical or human errors made in connection with the auction, including but not limited to invoicing, payment processing, and title documentation. In the event such an error results in an underpayment or overpayment, the Purchaser agrees to promptly remit any additional funds due upon notice from the Auctioneer.
Purchaser acknowledges and agrees that title or possession of any Auction Item shall not excuse or release Purchaser from the obligation to pay any balance owed due to such errors. Failure to remit payment of any corrected balance shall constitute a default under these Auction Terms and Conditions, and the Auctioneer may pursue all remedies available under applicable law, including but not limited to collection actions, attorney’s fees, and costs.
A Buyer’s Premium, as specified on the auction listing page for online and on-site bidders, will be added to the final hammer price of each Auction Item. This fee is in addition to any applicable taxes or other fees.
Bidders and Purchasers are responsible for ensuring that any tax exemption information provided to Kiefer Auctioneers and on your account for the designated online bidding platform is accurate and up-to-date. Failure to provide current tax exemption details may result in the imposition of applicable sales tax. Sales tax will be assessed unless the Purchaser submits a signed Sales Tax Resale Certificate or an Agriculture Exemption Certificate to the Auction Company. All Buyers are required to submit their signed Sales Tax Resale or Agriculture Exemption Certificates prior to the auction date.
International Buyers are subject to applicable sales tax and will not be refunded any sales tax.
Furthermore, the Bidder and Purchaser acknowledge their responsibility for the payment of any sales or use taxes that may arise due to non-compliance with Federal, State, or Local tax codes regarding items sold as tax-exempt or for resale. The Bidder and Purchaser also understand that it constitutes a criminal offense to provide a false exemption or resale certificate number for taxable purchases, with potential penalties ranging from a Class C Misdemeanor to a Felony of the Second Degree, depending on the amount of tax evaded.
In the event the Purchaser fails to make full payment as required by the auction terms, regardless to human or clerical errors, the Purchaser will be deemed in default to this contractual agreement. The Auctioneer reserves the right to take any necessary legal action to recover the outstanding balance, including, but not limited to, pursuing claims through collection agencies, contacting the District Attorney or Sheriff’s Office for insufficient funds, stopped payments, chargebacks, outstanding balances, or disputes related to the auction event and auction items.
The Purchaser shall be liable for all costs incurred by the Auctioneer in connection with the collection of the debt, including legal fees, collection agency fees, penalties, and any other charges associated with the default.
Furthermore, the Purchaser will be responsible for any and all additional costs arising from the failure to promptly remove Auction Items, including storage fees, handling fees, transportation costs, and reshipping charges. Such fees may accrue daily and will be payable in addition to the original purchase price, at the Auctioneers sole discretion.
The Auctioneer retains the right to resell any unpaid or uncollected Auction Items at its discretion, without any refund to the Purchaser. If the resale price is lower than the original purchase price, the Purchaser shall be responsible for the deficiency. The Auctioneer may pursue any legal remedies available under applicable law to recover amounts owed, including but not limited to the imposition of storage fees, resale of the item, outstanding balances, and legal action to recover amounts owed.
Failure to pay any corrected balance due to a clerical or human error shall constitute a default under these Terms and Conditions. The Auctioneer may pursue all available remedies, including legal action, to recover amounts owed.
The Purchaser expressly agrees not to initiate any chargebacks, payment reversals, or disputes with their financial institution for any amounts paid for Auction Items, including but not limited to the purchase price, buyer’s premium, taxes, or applicable fees. By participating in the auction and submitting payment, Purchaser acknowledges and accepts that all sales are final and that the Auctioneer’s records will serve as conclusive evidence of the transaction.
In the event a chargeback or payment dispute is improperly initiated, the Purchaser shall remain fully liable for all amounts owed, and agrees to reimburse the Auctioneer for any costs, expenses, or fees incurred in connection with resolving the dispute, including but not limited to bank fees, administrative fees, reasonable attorney’s fees, and collection costs.
Purchaser further acknowledges that initiation of an improper chargeback shall constitute a material breach of these Terms and Conditions, entitling the Auctioneer to pursue all available legal remedies to recover the full amount due.
No Warranty; As-Is/Where-Is: All auction items are sold on an “As-Is, Where-Is” basis, without any representations or warranties of any kind, either 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. The Auctioneer and Seller make no representations or warranty that the Auction Item will properly function or operate after removal from the auction premises nor that it will continue to operate or function for any period of time after the item is declared “Sold” by Auctioneer. Bidders are strongly encouraged to inspect all Auction Item prior to bidding, as descriptions are provided as limited guides and may not be fully accurate. Any error in descriptions does not relieve the Bidder, Purchaser, Bidder’s agents or employees, Purchaser’s agents or employees, of their duties and responsibilities to fully inspect Auction Items prior to the placing of bids on Auction Items. There are no refunds or returns for Auction Items.
Purchasers of firearms must comply with all applicable Texas and Federal regulations. A denial from the National Instant Criminal Background Check System (NICS) does not relieve the Purchaser of their obligation to pay for the firearm. All Auction Items are offered subject to Federal, State, and C.I.T.E.S. Treaty Requirements. Firearms not picked up in person must be transferred to a Federal Firearms Licensee (FFL) Dealer. The Purchaser agrees to indemnify and hold harmless Kiefer Auctioneers, the Seller, Event Land Owner(s), and any employees from any liability resulting from the purchase of firearms or other dangerous items. The Purchaser is responsible for all shipping and transfer costs associated with firearms. ALL SALES ARE FINAL. Firearms will be subject to background checks, and no exceptions will be made. All Purchasers must pass a background check before any firearm is released to the Purchaser.
Bidders are responsible for thoroughly inspecting all auction items before placing a bid. The Auctioneer makes no representations as to the accuracy or operational condition of the items. Failure to inspect the items does not relieve the Purchaser from the obligation to pay for the auction items. Once the Auctioneer declares the item “Sold,” all risk, responsibility, and liability for the auction item immediately and transfers to the Purchaser, regardless of whether full payment has been made, creates a Binding Obligation between the Auctioneer the Purchaser. should consider obtaining insurance for their purchased items.
The Purchaser acknowledges and agrees that they have had the opportunity to inspect the Auction Items prior to placing any bids. The Auction Preview Day(s) for the Auction Items will be specified on the auction listing page of the designated online bidding platform and on KieferAuctions.com.
The Auctioneer does not assume responsibility for any inaccuracies, operational defects, or damages that might affect an item’s condition. Additionally, Bidders can make an appointment with the Auctioneer that is a mutually agreeable day and time to inspect the auction items via info@kieferauctions.com or (903) 821-8717.
The Auctioneer acts solely as a third-party intermediary between the Seller and Purchaser and assumes no responsibility for the status, accuracy, or transferability of any title. The Auctioneer does not perform background checks on titles and makes no representations or warranties, express or implied, regarding the delivery of a free and clear title or the condition, legal status, or transferability of any title.
A non-refundable $25 title handling fee will be assessed for each titled Auction Item. Titles will be mailed to the Purchaser within approximately two weeks after receipt of full payment.
In the event of any delay, defect, or issue in obtaining or transferring title, the Auctioneer shall not be liable for any losses, damages, fees, attorney’s fees, interest, punitive damages, or other costs or expenses, whether direct or indirect, resulting from such delay or issue.
Upon written request, the Auctioneer may provide the Purchaser with the name and contact information of the Seller. All Auction Items are sold “AS IS, WHERE IS,” without warranty of any kind, either express or implied, including but not limited to any warranties regarding title status or transferability.
The Purchaser is solely responsible for any taxes, past due taxes, title, license, processing, or documentation fees required for the registration or titling of the Auction Item.
Item Removal Deadlines
Purchasers may retrieve Auction Items immediately following the conclusion of the auction on Auction Day or on the stated Auction Dates and Times, provided full payment has been received and verified by the Auctioneer. Additional designated pick-up times, if applicable, will be posted on the auction listing page on the designated online bidding platform, at KieferAuctions.com, and in the emailed invoice provided by Kiefer Auctioneers.
Paid Receipt Required
The Purchaser must present a paid receipt issued by Kiefer Auctioneers at the time of item removal. The Auctioneer reserves the right to deny release of any Auction Item without confirmation of full payment.
Loading and Equipment
The Auctioneer does not guarantee the availability of loading assistance or equipment and is under no obligation to provide such. Purchasers are solely responsible for the safe removal, loading, transportation, and securing of their purchased items.
Abandonment of Property
All Auction Items must be removed within the timeframes stated in the auction materials. Any items remaining beyond the designated removal period shall be deemed abandoned in accordance with Texas Property Code § 72.101 et seq. Kiefer Auctioneers may, at its sole discretion and without further notice to the Purchaser:
Resell the abandoned items at public or private sale;
Dispose of the items as deemed appropriate; or
Otherwise exercise its rights under applicable law.
Purchasers shall remain liable for any deficiency resulting from the resale of abandoned property, as well as for storage fees, handling charges, transportation costs, and administrative expenses incurred by the Auctioneer.
No Refunds or Credits
Kiefer Auctioneers is under no obligation to issue refunds, credits, or other compensation for items not removed within the designated timeframe or for items deemed abandoned.
Risk and Liability
The Auctioneer is not responsible for theft, loss, damage, accidents, injuries, or acts of God that occur during the removal of Auction Items. Purchasers assume all risks and liabilities associated with loading, removal, and transport of purchased items and agree to indemnify and hold harmless Kiefer Auctioneers from any claims arising therefrom.
Alternate Arrangements
Any alternative arrangements for removal of Auction Items must be requested in writing and approved by the Auctioneer at info@kieferauctions.com within 24 hours of auction conclusion. Approval of such requests is at the sole discretion of the Auctioneer and may be subject to additional charges.
Announcements Supersede
Any announcements regarding removal times, procedures, or conditions made by the Auctioneer prior to or during the auction shall take precedence over previously stated times and conditions.
Kiefer Auctioneers may, at its sole discretion, assist with the loading of Auction Items within reasonable weight limits and during the designated removal periods. Any additional loading requirements, equipment, or costs shall be the sole responsibility of the Purchaser.
Kiefer Auctioneers, the Seller, and the property owner(s) where the auction is conducted shall not be held liable for any theft, loss, damage, defects, accidents, or injuries arising before, during, or after the auction, including but not limited to activities involving unloading, loading, removal, or transport of Auction Items.
Purchaser assumes all risks associated with these activities and agrees to indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, and the property owner(s) from any claims, damages, losses, or liabilities, including reasonable attorney’s fees, arising from such activities.
If the Purchaser engages a third-party mover or machinery removal contractor, Purchaser acknowledges and agrees that Kiefer Auctioneers, the Seller, and the property owner(s) shall not be responsible for any damage, theft, accidents, or injuries caused by such contractors.
The Purchaser shall ensure that all third-party contractors engaged for loading, removal, or transport activities carry appropriate insurance coverage naming Kiefer Auctioneers, the Seller, and the property owner(s) as additional insureds, as applicable. Purchaser shall be fully responsible for any damage to persons or property caused by such contractors and shall indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, and the property owner(s) for any resulting claims, damages, or expenses.
In the event of non-payment or failure to remove Auction Items within the designated timeframes, such items shall be deemed abandoned in accordance with Texas Property Code § 72.101 et seq. Kiefer Auctioneers may, at its sole discretion and without further notice to the Purchaser:
Resell, store, or dispose of abandoned items; or
Leave abandoned items at the auction site, in which case Purchaser forfeits any legal rights to access, retrieve, or claim the items.
Purchaser shall remain liable for all costs associated with non-payment or abandonment, including but not limited to collection fees, storage fees, handling charges, transportation costs, and expenses related to the resale or disposal of unclaimed items. These costs shall be in addition to the original purchase price and may be recovered through legal action, including but not limited to filing suit in a court of competent jurisdiction.
Storage Fee Schedule:
$25.00 per day per lot for small items (items occupying less than one pallet space or equivalent).
$100.00 per day per lot for large items (items occupying more than one pallet space, including vehicles, equipment, and trailers).
$250.00 per day per lot for oversized items requiring special handling or equipment.
Storage fees will accrue daily beginning at 12:01 AM on the day following the removal deadline and will continue until the item is removed in full.
Unpaid storage fees shall constitute a default under Kiefer Auctioneers’ Auction Terms & Conditions. The Auctioneer may pursue all remedies available under Texas law to recover unpaid fees, including collection actions, attorney’s fees, and court costs.
Purchasers are solely responsible for coordinating the shipment or removal of their purchased Auction Items. For smaller items requiring shipment, a $25 handling fee will apply. Larger items will be subject to a $50 handling fee, in addition to all freight, crating, packaging, and carrier charges. Any item requiring special crating or third-party handling must be coordinated and arranged by the Purchaser at their sole expense within the stated removal deadlines.
Once an Auction Item is declared “Sold,” all risk of loss, theft, damage, or injury transfers to the Purchaser. Kiefer Auctioneers shall have no liability for any damage, theft, or loss occurring after that point, whether during handling, storage, transit, or otherwise.
Purchasers are strongly encouraged to obtain adequate insurance coverage to protect their Auction Items following purchase, including for storage or transport-related risks.
To the fullest extent permitted by Texas law, by participating in the auction, the Purchaser agrees to release, waive, discharge, and indemnify the Auctioneer, Seller, and Event Land Owner(s), along with their respective officers, agents, employees, and affiliates, from and against any and all claims, damages, losses, injuries, theft, accidents, or liabilities of any kind, except those resulting from gross negligence or willful misconduct, arising out of or in connection with the Auction Items once declared “Sold.” From that point forward, the Purchaser assumes full responsibility for the Auction Items and any risk of loss, damage, theft, or injury associated therewith.
The Auctioneer reserves the right, in its reasonable discretion, to suspend or revoke a Bidder’s bidding privileges if the Bidder violates these Terms and Conditions, engages in unlawful, unsafe, or disruptive conduct, or otherwise interferes with the orderly operation of the auction.
The Bidder shall remain fully liable for payment of all bids placed prior to the suspension or revocation of bidding privileges. Suspension or revocation of bidding privileges does not relieve the Bidder of any financial obligations incurred under this Agreement.
The Auctioneer further reserves the right to remove the individual from the auction premises and, if deemed necessary, contact law enforcement authorities and pursue any charges or remedies available under applicable law. The Bidder agrees to comply promptly with any directive for removal and acknowledges that such action may be necessary to ensure the safety, security, and integrity of the auction event.
By attending the auction or entering the auction premises, each person acknowledges and agrees that the auction site may present potential hazards, including but not limited to unlevel ground or surfaces, the presence of flammable, corrosive, or pressurized substances, the operation of heavy machinery or equipment, and live electrical circuits. Any person, whether a Bidder, Purchaser, or other attendee, who enters the premises before, during, or after the auction does so voluntarily and at their own risk.
The condition of the premises, Auction Items, activities, and the conduct of third parties, contractors, or other individuals on-site are not warranted to be free from hazards, defects, injuries, accidents, or dangers.
To the fullest extent permitted by Texas law, the Bidder, Purchaser, and their agents, representatives, contractors, employees, and guests hereby:
Assume all risks of injury, loss, or damage arising out of or related to their presence on the premises; and
Release, waive, and discharge the Seller, Auctioneer, Event Location Owner(s), and their respective agents, employees, officers, directors, affiliates, and representatives from any and all claims, actions, damages, injuries, losses, or liabilities, including but not limited to personal injury, property damage, or other harm, except in cases of gross negligence or willful misconduct.
No person shall have any claim, cause of action, or legal right against the Auctioneer, Seller, Event Location Owner(s), or their agents, employees, officers, directors, affiliates, or representatives for any injuries, damages, losses, or claims arising from any cause related to the auction premises, including unlevel ground or surfaces, auction activities, or any Auction Items.
By entering the premises, each individual assumes full responsibility for their own safety and well-being.
By registering for and participating in the auction, the Bidder and Purchaser expressly authorize Kiefer Auctioneers and its affiliates to contact them by phone, email, text message, or mail regarding any auction-related matters, including but not limited to notifications, updates, reminders, invoices, and other necessary communications. The Bidder and Purchaser acknowledge and agree that they are solely responsible for any charges or fees incurred from their phone, text messaging, or data service providers for receiving such communications.
The Bidder and Purchaser further consent to the collection and use of photography, video, and audio recordings made on the auction premises. Such recordings may be used by the Auctioneer for purposes including, but not limited to, site security, compliance with legal obligations, and promotional activities, provided such use does not violate applicable privacy laws.
By registering for the auction, the Bidder and Purchaser also consent to receive advertisements and promotional communications from Kiefer Auctioneers and its affiliates via email, mail, phone, or text message. This consent includes, but is not limited to, updates on future auctions, special offers, and marketing campaigns. The Bidder and Purchaser acknowledge and agree that they may opt-out of such promotional communications at any time by following the instructions provided in such communications.
The Bidder and Purchaser remain solely responsible for any charges or fees associated with receiving communications on their devices or services.
The Auctioneer reserves the right to add Auction Items to the sale at any time. In the event of an emergency, unforeseen circumstances, or for any other reason deemed necessary, the Auctioneer further reserves the right, in its reasonable discretion, to withdraw any Auction Item from the sale prior to the Auctioneer declaring it “Sold.”
All information provided on the auction website, in brochures, advertisements, or other promotional materials is for general informational purposes only and is not warranted or guaranteed to be accurate, complete, or current. The Auctioneer makes no representations or warranties, express or implied, as to the accuracy of such information, and the Purchaser acknowledges that they are relying solely on their own inspection and due diligence when bidding.
The Purchaser acknowledges and accepts full responsibility and liability for the possession, use, maintenance, transport, or disposition of each Auction Item purchased. To the fullest extent permitted by Texas law, the Purchaser hereby assumes all risks associated with the ownership, use, or transfer of any Auction Item.
The Purchaser further agrees to release, waive, discharge, and covenant not to sue the Auctioneer, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and other representatives (collectively, the “Released Persons”) from any and all claims, liabilities, damages, losses, or injuries, whether known or unknown, except those arising from gross negligence or willful misconduct, relating to or arising out of the ownership, possession, use, transport, or disposition of any Auction Item, including, without limitation, claims for personal injury, property damage, or consequential losses.
The Purchaser also agrees to indemnify, defend, and hold harmless the Auctioneer and its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and representatives (collectively, the “Indemnified Persons”) from and against any and all costs, expenses, damages, liabilities, losses, and claims, including reasonable attorneys’ fees, arising out of or related to:
(i) the loading, transportation, maintenance, repair, use, or disposal of the Auction Items; or
(ii) the enforcement of this indemnity provision.
In the event that any Auction Item is deemed a “Non-Sale” by the Auctioneer for any reason, the Purchaser’s sole and exclusive remedy shall be limited to the refund of any amounts paid for such Auction Item, less any applicable fees or costs incurred by the Auctioneer. If the Purchaser fails to collect the Auction Item by the stated pick-up deadline, the Auctioneer shall have no further liability or obligation regarding the Auction Item, and the Purchaser waives any claims against the Auctioneer or its affiliates concerning such “Non-Sale.”
To the fullest extent permitted by Texas law, the Bidder and Purchaser agree to indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, and the Owner(s) of the Event Property, as well as their respective officers, agents, employees, affiliates, and contractors (collectively, the “Indemnified Parties”), from and against any and all claims, damages, injuries, losses, or liabilities, including reasonable attorneys’ fees and costs, arising out of or related to:
Personal injury, property damage, or any other harm caused by the Bidder, Purchaser, or their agents, guests, employees, contractors, or representatives; and
Activities involving the removal, transport, or handling of Auction Items, whether occurring prior to, during, or after the auction.
This indemnity shall not apply to claims arising from the gross negligence or willful misconduct of the Indemnified Parties.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the auction, or any Auction Item shall be resolved exclusively in the state courts of Denton County, Texas. The Bidder and Purchaser irrevocably consent to the exclusive jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
The Bidder and Purchaser further agree that:
Any claim they bring shall be litigated individually and not as part of a class action or consolidated proceeding; and
In the event a Bidder or Purchaser files an action in any jurisdiction other than Denton County, Texas, contrary to this venue provision, the prevailing party shall be entitled to recover all reasonable legal fees, costs, and expenses, including attorney’s fees, incurred in enforcing this provision.
Should the Auctioneer prevail in any legal action arising out of or related to these Terms and Conditions, the Bidder or Purchaser shall reimburse the Auctioneer for all reasonable legal fees, court costs, collection costs, and any other expenses incurred in connection with such action, to the fullest extent permitted by Texas law.
These Terms and Conditions constitute the entire agreement between the parties with respect to the auction and supersede all prior or contemporaneous agreements, understandings, representations, warranties, or communications, whether written, oral, or implied, relating to the auction or any Auction Items. No statements, promises, or inducements made by any party or its agents that are not contained herein shall be valid or binding.
For any inquiries or clarifications regarding these Terms and Conditions, please contact the Auctioneer at the following:
Cory Kiefer
Phone: (903) 821-8717
Email: info@kieferauctions.com
TX LC#16155
Jacee Kiefer
Phone: (940) 391-9111
Email: info@kieferauctions.com
