AUCTION TERMS & CONDITIONS
PLEASE READ BEFORE YOU BID. ONCE YOU BID, YOU WILL BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF OUR AUCTIONS.
GENERAL TERMS: Whalen Realty & Auction ltd and its Employees act merely as agents for sellers. All auctions are sold absolute unless stated otherwise. DISCLOSURES/NO WARRANTY: There is no warranty offered, expressed or implied, by Whalen Realty & Auction ltd or Sellers for any property. All Items are sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. All information provided is believed to be correct but NO guarantee as such is either expressed or implied, including but not limited to the merchantability or fitness for a particular purpose. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. Bidder inspection of the property prior to submitting a bid is recommended. The auctioneer reserves the right to open the bid as the result of a tie bid or discrepancies in the bid. Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. All titles will be assigned to buyer. NO OPEN TITLES.
INSPECTION: You acknowledge that you have the right and responsibility to inspect the item personally or to have a third party representative inspects the item(s) for you. That by bidding on an item you have agreed to accept that item in its present "AS IS" condition at its present location and with the description provided whether accurate or not.
BIDDER REGISTRATION: Bidder must be 18 years of age or older, and is required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Bidder is charged $1.00 refundable fee for verification. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.
BIDDING: Bidder must register to participate in the auction. Read the descriptions of each lot and view photographs carefully. If you have any questions call Whalen Realty & Auction ltd. If you visit the viewing location, please personally inspect the property on which you intend to bid. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold AS-IS this is an AUCTION and all SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property and is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final.
BUYERS PREMIUM: A 10% Buyers premium will be charged on each purchase and will become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyers premium.
PAYMENT TERMS: Buyer will be emailed an invoice shortly after the auction. Please call Monday after the auction to make a payment and let us know if you want shipped. Sales tax of 7.25% (Ohio Sales Tax) when applicable will be charged to the buyer on the purchase price. Taxes, buyer fee, shipping, handling, insurance are Buyers expenses. Taxes, buyer fee will be calculated and rendered due at the sale of the property. Payment must be made in full by the Buyer within 72 hours upon the completion of the auction by Credit Card, PayPal, Cash, and Wire Transfer. There is a 5% charge on credit cards & PayPal. $30.00 charge on wire transfers. Upon making payment, no stop payment of funds will be honored; Non-paying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. US Funds only!
If payment is not received within 72 hours from the auction you agree that all accounts due will be charged to your credit card with a 3.5% fee.
REMOVAL OF PROPERTY / SHIPPING TERMS: All items to be paid for in full prior to pick up! If uou choose to have items shipped, it is the expense of the buyer and will be done by Pak Mail. email@example.com. Please notify Whalen Realty & Auction ASAP if buyer plans on picking up the items or if you want them shipped. Once payment is received Pak Mail will contact the buyer within 7 days to determine the total shipping. Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. Property will not be removed from sale premises until payment is paid in full and has been received. If you are picking up your items; packing, towing, and/or hauling are the Buyers responsibility. Auction Company will help assist in loading.
Seller and Auctioneer if agree and items are paid for, items may remain on the sale premises for a period of time following the sale.
ONLINE BIDDING INFORMATION
BUYER DEFAULT: When using our online auction services you are making a firm commitment to purchase said item(s) and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason.
BIDDING IN THE ONLINE AUCTION: Once you are registered and have your User Name & Password, you may place bids as soon as a lot opens for bidding. Your bids are FINAL and constitute a binding contract. Please be aware that lots will close at various times and possibly different days. You are responsible for monitoring the items closely.
RISK OF USING THE INTERNET: You acknowledge that the internet may be an unreliable and error-prone network. Whalen Realty & Auction ltd will not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion. You agree to hold Whalen Realty & Auction ltd and its employees harmless for any interruptions in online bidding. At the sole discretion of the Company, the auction may be suspended, postponed, or cancelled if internet service is unstable or disrupts the online portion of any event that is simulcast as an Internet Auction.
The auctioneer has the sole discretion to accept or refuse any bid. Whalen Realty & Auction ltd retains the right, at our sole discretion, to add, delete, or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice.