Auction Terms & Conditions AGREEMENT BETWEEN BIDDER AND AUCTIONEER
READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT
These are the Terms and Conditions of Sale for this online auction. They define the relationship between you ("the Bidder") and Chisum USA, LLC ("Auctioneer"). If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by these Terms and Conditions if any issues arise in connection with this sale.
REAL ESTATE - GENERAL INFORMATION: Auctioneer has a contract with the Seller to offer their property for sale at public auction. The Real Estate will be offered at auction in its entirety and is selling subject to a published Minimum Opening Bid and/or Subject to Seller Confirmation. The highest bid that meets or exceeds the Minimum Opening Bid shall be declared the high bid. There will be a five percent (5%) Buyer's Premium added to the winning bid price to arrive at the total contract price to be paid by the successful Bidder.
REAL ESTATE - BIDDING PROCEDURE: Prospective bidders will be given a Property Information Packet which will provide all the necessary information to allow the Bidder to submit their bid(s) on the Auctioneer's online auction site www.ChisumAuctions.com during the bidding period to begin Monday, April 26, 2021 at 5:00 AM CST, and ending Monday May 10, 2021 at 5:00 PM CST (the "Bid Deadline").
REAL ESTATE - NOTICE: Real Estate specific Terms & Conditions shall apply to all real estate bidders, including registration and other procedures. For a copy of the Property Information Packet, contact Auctioneer.
QUESTIONS: Auction Manager, Matt Armstrong (855) 435-1492 ext. 1
PERSONAL PROPERTY - TERMS & CONDITIONS
1. NOTICE: By registering to bid in this auction, you acknowledge and agree to these terms and conditions. Lots begin closing in numerical order and one lot will close every 30 seconds with extended bidding ("Soft Close") in effect. Bidders must provide a valid credit card to register to bid online.
2. PAYMENT: All payments will be processed immediately after the last lot is sold with the credit card buyer submitted at registration, unless buyer has made alternate payment arrangements PRIOR to the end of the auction by contacting Auctioneer at (855) 435-1492 or email: [email protected]
If a credit card charge is declined by the processing company, you will be contacted by Auctioneer to make other arrangements. At Auctioneer's sole discretion, accepted methods of payment are cash; cashier's check; wire transfer; VISA; MasterCard; AMEX; Discover; and checks accompanied by bank letter of guarantee. Once payments have been processed, an email confirmation and paid Invoice will be emailed to buyer confirming process of payment. If buyer cannot be reached by cell phone within 24 hours post-auction, Auctioneer reserves the right to resell the items without notice. No items may be removed until payment is made in full. BRING YOUR PAID RECEIPT WITH YOU TO PICK-UP YOUR PURCHASES.
NOTE: At Auctioneer's sole discretion, Invoices exceeding $1,000 may be required to be paid by wire transfer, cashier's check, or bank ACH transfer. Buyers should be available post-auction by cell phone (or other phone number provided at registration). Payment must be received 24 hours post-auction unless alternate payment arrangements have been approved by Auctioneer. A paid Invoice will be required to remove purchases.
3. BUYER'S PREMIUM: A 5% Buyer's Premium will be added to each item purchased.
4. SALES TAX: Texas law requires Sales Taxes to be collected on the total price which includes the Buyer's Premium unless the buyer has provided a signed Sales Tax Resale Certificate or Exemption Certificate for this auction. Prospective buyers MUST submit their signed resale form to Auctioneer PRIOR to the end of the auction otherwise Sales Tax will be charged and collected and WILL NOT BE REFUNDED under any circumstances. Buyer is responsible for paying sales tax on titled vehicles and trailers when they are transferred, and no open/unsigned titles will be issued.
5. REMOVAL/SHIPPING: All Items to be picked up on the assigned day(s) following the close of the auction (BY APPOINTMENT ONLY) unless prior arrangements have been made with Auctioneer. ANYTHING REMAINING AFTER REMOVAL TIME WILL BE CONSIDERED ABANDONED UNLESS BUYER HAS MADE PRIOR ARRANGEMENTS WITH AUCTIONEER. Auctioneer is not obligated to issue a refund if you are unable to pick up and remove your items during the published removal times. Bring any packing and moving equipment (dollies, boxes, etc.) and personnel that you deem necessary for removal. BRING YOUR PAID RECEIPT FOR REMOVAL. NO SHIPPING ON ANY LOT IN THIS AUCTION.
NOTE: At Auctioneer's sole discretion, we may ship small items for a handling fee of $15.00 per box plus packing materials and postage. We will NOT ship furniture, large, or heavy items. If you need these items shipped, you will need to make your own arrangements, and we should be promptly notified of those arrangements. All items will be shipped to the address of the Credit Card you used for registration and payment. Auctioneer may require a copy of your driver's license with an address that matches your Credit Card address prior to shipping your items.
6. WARRANTIES: Everything is sold "As-Is": All items in the auction are being sold, "as is, where is" without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own due diligence prior to the sale and should satisfy themselves as to the usefulness and value of each item PRIOR to placing a bid on any auction item. Any statement or count 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 due diligence responsibilities. There are NO REFUNDS OR RETURNS.
7. BIDDER'S DUTIES: If you are in doubt about the condition, completeness, count, or suitability of a given item, please bid accordingly. We want everyone to have an enjoyable time. However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not bear the cost of your mistakes. You agree that your failure to perform your own due diligence or to otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer.
8. BUYER'S RESPONSIBILITIES: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer 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 item purchased at this auction.
9. CHARGE-BACKS: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any Buyer's Premium, shipping/handling charges, or sales tax applicable.
10. DEFAULT: Bidder agrees 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 still fail to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.
11. UNCLAIMED/ABANDONED ITEMS: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies; all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any costs associated with the resale as well as any deficiency between your original purchase price and the resale price.
12. BIDDING PRIVILEGES: You understand and agree 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's suspension of your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.
13. INTERNET PROBLEMS: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids or with access to your HIBID bidder account, please contact HIBID Customer Service directly (352) 414-1947.
14. MISSING ITEMS: In the event an item sold in the auction is found missing prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price, buyer's premium, and any sales tax for that item. Buyer agrees that the only compensation due them will be the refund of actual money paid to purchase the item.
15. GOVERNING LAW & 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 Lamar County, Texas, or in the Federal District Court for the Eastern District 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 acts 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 attorney's fees.
16. AUCTIONEER NOTICE: The Auctioneer of record is Matthew C. Armstrong, TDLR #17082. Any complaints may be reported to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711 Telephone: (512) 463-6599, www.tdlr.texas.gov.
17. ENTIRE AGREEMENT: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter. For questions, please contact auction office: (855) 435-1492 or [email protected]
Seller User Terms
Bidder User Terms