Auction Terms & Conditions
Auction Terms & Conditions : This is an ONLINE ONLY AUCTION. 15% Buyer's Premium will be added to the final bid to determine final selling price. Payment and Pickup will be on October 18, 2019 between 8;30 am and 1pm at 1465 Pencil Factory Road Big Sandy, Tennessee 38221
Buyer's Premium of 15% if paying with CASH or Check.(NOTE) A Credit Card processing fee will be a if paying with CREDIT CARD. ALL SALES ARE AS IS. Credit Card will be processed on day of pickup if items are not pickup by the buyer. If items are not pickup by the buyer or later pickup arrangements are not made with the Auction Company, buyer credit card will be charged. If items arrangements are not made to pickup item within 5 day of the close of the auction all items not pickup will become the property of auction company. There is NO REFUND on items paid for by the buyer and not picked up.
Registration authorizes United Country Keith Arnold Realty & Auction to charge the winning biders credit or debit card for the amount of the bid, buyer premium if items are not picked up on the pickup date. Failure to pick up items in a timely manner will not release buyer from obligation to pay for the items. Pickup is the sole responsibility of the buyer
Pickup will be on OCTOBER 19, 2019 at 1465 PENCIL FACTORY ROAD BIG SANDY Tennessee from 8:30 am until 1pm.
Additional Terms & Conditions apply. Please read the following in its entirety:
1. Refresh Bidding: Refresh our screen constantly during the closing minutes of the bidding, or View the "Live Catalog"
2. Bidding Increments: Each United Country Keith Arnold Realty & Auction auction may have different bidding increments. The software will calculate the next bid amount before submitting the bid.
3. Agency: United Country Keith Arnold Realty & Auction, Ageents and Representative are aents of the Seller.
4. Auction Ending: United Country Keith Arnold Realty & Auction Online Auctions are times events and all bidding will close at a specified time. United Country Keith Arnold Realty & Auction Online Auctions also have an auto-extend feature. Any bid place in the final five(5) minutes of a auction, the auction ending will be automatically extended five (5) minutes from the time the bid was placed. Exampe: if an auction is scheduled to close at 6pm receives a bid at 5:59, the close time will automatically extend to 6:04. The auto extend feature remains active until no further bids are received within a five (5) minute time frame.
5. Time Increase or Decrease: United Country Keith Arnold Realty & Auction may increase or decrease the extended time amount at any time during the auction until the close of bidding.
6. Outbid Notification: Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, please placea max bid or constantly monitor the auction ar closing of bidding. Sometimes email notifications can be delayed.
7. Property Information & Inspection: United Country Keith Arnold Realty & Auction is not responsible for any missing or incorrect listing information. United Country Keith Arnold Realty & Auction has attempted to provide accurate descriptions. However, it is the bidder's responsibility to conduct any inspections to determine the condition and feasibility of the bidder's intended use. Descriptions that are provided by Ridgely Auction and Realty are provided in good faith and are matters of opinion.
8. Auctioneer's Descretion: United Country Keith Arnold Realty & Auction has full descretion to mofify the date and time , order, and details of the auction for any reason or no reason at all, including but not limited to tecnical issues, emergencies, and convenience of Unitd Country Keith Arnold Realty and Auction reserves the right to modify, change or remove unsernames at any time.
9. Server & Software Technical Issues: In the event that there are technical difficulties related to the server, software or any other online auction-related technoligies, United Country Keith Arnold Realty & Auction reserves the right to extend bidding continue the bidding, or close the bidding. Neither the company providing the software nor United Country Keith Arnold Realty & Auction shall be held responsible for a mised bid or the failyre of the software to function property for any resaon. Email notifications may be sent to registered bidder with updated information as deemed necessary by United Country Keith Arnold Realty & Auction.
10. Terms: 15% OF THE FINAL BID PRICE REQUIRED (REAL ESTATE) as non-refundable earnest money in the form of a certified check, cash or wire transfer within 24 hours of the close of auction, with the balance of the purchase price due within 30 day at closing. Purchaser shall be responsible for all wire transfer fees . Closing will be as specified in the Contract for Sale of Real Estate agreement. ONLINE ONLY AUCTION is a CASH SALE not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by Bidder and or Buyers ar registration. Buyer may obtain financing, but said dinancing is in NO WAY CONTINGENT upon Buyer's obligation to close on the transaction by the closing date stated in the Contract FOR SALE..
11. CONTRACT FOR SALE OF REAL ESTATE: The contract is required to be fully and correctly completed, WITHOUT and modifications and properly signed within 24 hours of Auction closing between 8 am -5pm the next business day.
12. CLOSING: Property is to be closed within 30 days after the auction. NO EXTENTIONS. Be prepared to close.
13. CLOSING COSTS: Seller and Buyer shall pay a closing fee and document preparation fee. Seller shall alson pay for any cost incurred by United Country Keith Arnold Realty & Auction , as agreed upon in the Auction Contract, Seller shall pay no closing cost for Buyer, including any lender's fees of recording fees unless otherwise agreed to in the contract.
14. PROPERTY CONDITION : Buyer specifically acknowledges herein that the property is being purchased "AS IS" with all faults and that neither the Seller nor United Country Keith Arnold Realty & Auction, makes any warranties or representations, expressed or implied, as to the habitability, condition, square footage, acreage or boundary lines of the property conveyed herein.
15. HOLD HARMLESS: Buyer and or Bidder agrees to hold harmless and indemnify United Country Keith Arnold Realty & Auction and its agents, Owner, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fee, etc...
16. DISPUTES: Any dispute between United Country Keith Arnold Realty & Auction, its Agents or Representatives and the Buyer (s) will be tried in court of jurisdiction in Benton County, Tennessee. By bidding on any item, buyer agrees to all terms and conditions, set forth. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ( TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A RRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
17. AUCTION BIDDER AND/OR BUYERS DEFAULT: Successful Bidder and or Buyer not executing and returning the contract with earnest money deposit within 24 hours of the conclusion of the auction will be considered in default. In the event a winning Bidder and or Buyer fails to submit the signed Contract For Sale of Real Estate and Earnest money deposit, the winning Bidder and or Buyer shall pay to United Country Keith Arnold Realty & Auction, as damages, an amount equal to the Buyer's premium or commission percentage, as set forth in said Contract, and any and all expenses incurred by the said United Country Keith Arnold Realty & Auction, for said auction. Should Buyer's earnest money check be returned for any reason whatsoever, this sahll constitute an item of default, and in addition to the remedies previously stated hereinabove, Buyer shall aslso pay an additional prnalty of five percent ( 5%) of the earnest miney check to United Country Keith Arnold Realty & Auction. Buyer shall also pay a reasonable attorney's fee and costs incurred in the collection of these monies owned by Buyer as a result of Buyer;s defaulty. Buyer shall also pay the Seller any damages caused by said breach of contract, including attorney's fee and costs. This shall not be prelude the Seller from suing for specific performance of the Contact of Sale, in assition to said damages/ It is specifically understood and agreed by and between the Seller and United Country Keith Arnold Realty & Auction, that in the event the Buyer should default in the terms of this Contract in any manner whatsoever, that the earnest money, or sufficient sums therefor, shall be paid first to the agent for the Buyer's premum or commision percentage, and the balance, if any , to the Seller. Any disputes will be tried in court of jurisdiction in Benton County Tennessee. United Country Keith Arnold Realty & Auction reserves the right to sell to the next highest Bidder and or Buyer does not comply with the rems of the sale. By bidding on the property, buyet agrees to all terms and conditions set forth. The contract is required to be fully and correctly completed, without any modifications and property signed. A contract that is incomplete, incorrect, or modified in any respect, is considered to be in default.
19. AUCTION CONCELLATION: Bid Rejection: United Country Keith Arnold Realty & Auction reserves the right to reject any and all bids for any reason. United Country Keith Arnold Realty & Auctionreserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding even if a bid has been placed.
20. TITLE: Purchaser is responsible for purcasing title insurancde if desired.
21. DEED: Seller will provide a free and clear deed to the property.
22. POSSESSION: Possession will be given at closing.
23. REAL ESTATE TAXES AND CLOSING COST: ULESS OTHERWISE STATED IN THE CONTRACT FOR SALE OF REAL ESTATE, all taxes will be prorated to day of closing using the most current available year's tax amount. HOA fees and condominium assessments, if any, will be prorated up to the date of closing. The purchaser will pay all other closing costs associtated with the purchaser's side of the sale, including locat and sstate recording fees and any coust associated with the purchaser's loan.
24. EASEMENT: Subject to any and all easements of record whether recorded or not recorded.
25. ZONING: This property is subject to any and all zoning state or local zoning ordinances if any.
26. AGREAGE & AERIAL PHOTOS: Parcel dimensions and acresages are based on legal descriptions. Aerial photos are for illustration purposes only and not surveyed boundary line.
27. BIDDER VERIFICATION: The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, United Country Keith Arnold Realty & Auction will reject the registration, and bidding activity will be terinated. The Seller and United Country Keith Arnold Realty & Auction reserve the right to preclude any person from bidding.
28. BIDDER RESPONSIBILITIES: Bidder responsibilities include, but are not limited to: Bidder agree to keep their usernamne and password confidential, as they are responsible for ANY and ALL activity invoving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction company may bid on auction. We gather aggregate information from the website which may include but is not limited to : number of page visitors, most vistied pages, and any and all correspondence.
29. GUARANTEE AGREEMENT: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees earnest money payment to United Country Keith Arnold Realty & Auction.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.