Kiefer Auctioneers reserves the right to correct any clerical, clerking, cataloging, typographical, platform, invoicing, or accounting errors that may occur before, during, or after the auction.
Such corrections may include, but are not limited to:
Buyers remain fully responsible for payment of any amounts found to be due as a result of such corrections, even if an invoice or receipt was previously issued in error.
Kiefer Auctioneers shall not be held liable for errors or omissions beyond the correction of the mistake. Participation in the auction constitutes acceptance of this policy as outlined in the auction’s Terms & Conditions.
No. All bids are legally binding and may not be retracted. Once a bid is placed—whether online, on-site, or by any other approved bidding method—it constitutes an irrevocable offer to purchase. When the auctioneer declares an item sold, a binding contract is formed pursuant to Texas Business & Commerce Code § 2-328 (Auctions).
Bid retractions are not permitted for any reason, including bidding errors, failure to inspect, misunderstanding of auction terms, or technical issues.
By attending an inspection, auction preview, or auction event, buyers and attendees assume all risk associated with entering the premises and agree to release, indemnify, defend, and hold harmless Kiefer Auctioneers, the seller, the property owner, and their respective agents, employees, and representatives from any claims, damages, injuries, losses, or liabilities arising from inspection, preview, bidding, load-out, or removal activities.
This assumption of risk and hold-harmless agreement is enforceable under Texas Civil Practice & Remedies Code Chapter 75, Chapter 95, and applicable Texas common law governing premises liability and contractual indemnification.
The buyer is responsible for payment of all applicable Texas sales or use taxes, unless a valid exemption applies and is properly documented.
Sales tax will be added to the purchase price unless acceptable exemption documentation is provided prior to payment, in accordance with the Texas Tax Code. Taxability is determined by Texas law and is based on the nature of the item and how possession occurs.
Buyers claiming tax-exempt status must provide a valid Texas Sales and Use Tax Exemption Certificate or Resale Certificate before payment is made. The certificate must be fully completed, signed, and applicable to the items being purchased.
Providing a false, expired, or improper exemption certificate is a criminal offense under Texas law, including Texas Tax Code § 151.703. Buyers remain liable for all applicable taxes, penalties, and interest if exemption requirements are not met or are later disallowed.
Yes. Kiefer Auctioneers does record and video auctions for marketing, promotional, documentation, training, surveillance, and record-keeping purposes. Video and audio recordings are used before, during, and after the auction.
By attending, registering, or participating in an auction—either in person or online—buyers, bidders, sellers, and attendees consent to being photographed, audio-recorded, and/or video-recorded without compensation. Kiefer Auctioneers reserves the right to use such recordings in any lawful manner.
Responsibility, risk of loss, and liability transfer to the buyer immediately when the auctioneer declares an item sold, regardless of payment status or the timing of removal.
From that moment forward, the buyer assumes full responsibility for the item, including but not limited to loss, theft, damage, storage, loading, transportation, and any injury or damage caused by or involving the item.
By bidding on, purchasing, or removing any item, the buyer assumes all risks and agrees to release, indemnify, defend, and hold harmless Kiefer Auctioneers, the seller, the property owner, and their respective officers, agents, employees, and representatives from any and all claims, damages, injuries, losses, liabilities, costs, or expenses arising out of or related to the purchase, possession, loading, transportation, or use of the item.
Kiefer Auctioneers, the seller, and the property owner assume no responsibility or liability for loss, theft, damage, or injury occurring before, during, or after the auction, including during load-out or removal.
This transfer of risk, assumption of liability, and hold-harmless agreement is enforceable under Texas Business & Commerce Code § 2-328 (Auctions), § 2.509 (Risk of Loss), and applicable Texas common law governing contractual indemnification and premises liability.
support@kieferauctions.com
Cory: (903) 821-8717
