AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Harvey Plus LLC/ Harvey Auction Co LLC (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
2) REGISTRATION - All Bidders are required to register for a bidder’s account to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete Terms and Conditions of Auction, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidder’s number/ bidder account. Bidder numbers/ accounts are nontransferable. All bids made by the holder of the number/ account will be the responsibility of the registered Bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs! No Exceptions! The Auctioneers reserve the right to refuse any applicant for a bidding number/ account or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time. The auctioneers reserve the right to pull an item out of the auction at the direction of the seller. This is a with reserve auction.
3) BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer.
4) Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. Announcements made by the Auction Company by email to registered bidders during the time of sale will take precedence over any previously printed material or any other oral statements made. The property is sold on an 'As Is, Where Is' basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker or the auction company. All sketches and dimensions provided are approximate. Conduct at the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that person's credentials, fitness, etc. All decisions of the Auctioneer are final.
5) New Data, Corrections, and Changes: Please monitor your email and the website for any changes, corrections or additions to the provided information.
6) REFRESH BUTTON - To keep your screen current for proper bidding you will need to hit your browser’s ‘Refresh Button’ often. Practice prior to bidding to understand how the refresh button works.
7) AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. Any lot that gets a bid within FIVE minutes of its Scheduled Closing Time will remain open for bids past its normal close; it will go into extended bidding. It will remain open until there are no bids on that lot for a period of FIVE minutes. This only affects lots with bids in the last FIVE minutes; other lots will continue to close at their normal times. If you have questions please call us at 937-244-1448. This auction will close using STAGGERED closing. Small groups of lots will be scheduled to close every 3 minutes.
8) VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the property prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing the property in an As-Is, Where-Is condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
9) MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid unless the current high bidder has placed a higher maximum bid prior to yours which is triggered by your bid. Another bidder has to bid to increase the current price and the computer will automatically, competitively bid up to your maximum in the increments specified. It is advised by Auction Company to bid your highest and best bid as soon as possible to have the best chance of being the successful bidder at the close of the auction. It is the sole responsibility of the bidder to understand how the system works. Buyer hereby acknowledges he/she has had adequate time to read the auction’s terms and conditions and by bidding, acknowledges that he/she understands all aspects of the auction and bidding system.
10) TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Auction Company reserves the right to extend bidding, restart the bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Auction Company shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
Personal Property: Selling AS IS, WHERE IS. Payment must be made in full on day of pickup. A 10% buyer’s premium will apply to all lots. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Bidder shall be the sole judge of value. Information is subject to change. All lots are sold as is, where is, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. All sales are final. Purchases may be removed upon receipt of payment in full. Items left behind may be subject to a cleaning fee. Buyer is responsible for removing all items purchased in their completeness. Items not picked up at the stated time are forfeited. Buyer is still responsible for payment for items purchased and may be subject to suspension or cancellation of auction account and future auction/ buying privileges.