Special Terms
AUCTION TERMS AND CONDITIONS
ONLINE BUYERS:
Payment Terms:
A valid credit card is required to bid at this auction. If the bidder is an international bidder the only form of payment will be via wire transfer, which must be received in our office by 12pm CST the day following the auction. Everything MUST be paid for in full at the conclusion of the auction. The card will be charged at the end of the auction. Bidder further agrees that under no circumstances will he/she initiate a charge-back on his/her credit card. Auctioneer reserves the right to charge your credit card at the drop of the gavel. PLEASE NOTE: NO REFUND WILL BE GRANTED IF BUYER DOES NOT MAKE CONTACT WITH BADGER CORPORATION AND ITEMS ARE ABANDONED.
If you need to use a credit card that is not on file to pay for the items you have won, you must contact us prior to the end of the sale.
Special Terms of Sale
This auction is protected by Proxibid's Unified User Agreement unless specific terms are stated below. By bidding in this auction, prospective bidders agree to be bound by the following:
Standard Terms and Conditions
1. Defined Terms.
a. “Buyer” means any individual, entity, or organization that bids on any item for Sale.
b. “Sale” means an online or in person auction facilitated by Badger Corporation.
c. “Badger” means Badger Corporation.
d. “Customer” means a person or entity that contracts with Badger to perform a Sale on Customer’s behalf.
2. Requirements for Participation in Sale.
a. Registration. To register for an auction a Buyer must deposit cash, a wire transfer, a major credit card, a letter of credit, or a wire transfer, or other certified funds approved by Badger. Online Buyers must provide Badger with a valid major credit 24 hours before the start of the Sale.
b. Authorized Rep. to Guarantee Payment. The authorized representative of any corporate Buyer who participates in the Sale shall provide Badger with a statement signed by a principal, director or officer certifying that he or she shall personally guarantee any payment due to Badger. This may be waived by Badger in writing.
c. Buyer’s Fee & Sales Tax. Unless a different Buyer’s Fee is posted, a “Buyer’s Fee” of 20% shall be added to all purchases and where applicable, sales tax shall also be added.
3. Valuation of Items. The Buyer’s determination of its bid is based upon its own examination of the item, and not in reliance on any representations made by Badger or third-parties online or elsewhere. BUYER IS RESPONSIBLE FOR THE VALUATION OF ALL ITEMS PURCHASED. Furthermore, Badger makes no guarantees to Customer that any item will sell, or sell for a price desired by Customer.
4. Errors in Bidding. Badger is not responsible for bidding errors made by Buyer. A Buyer shall bid on the correct item\lot and shall be certain that the bid is an amount (plus the Buyer’s Fee) that the Buyer is willing and able to pay.
5. Errors in Sales Listings. Badger is not responsible for any errors in the listing of any item available at a Sale. Customer is responsible for ensuring all listings accurately reflect the items. Owner/Seller Reserves the right to end the sale at anytime. Owner/Seller reserve the right to withdraw items from the sale at any time before, during or after bidding is complete. In the event of removal after bidding is complete, the high bidders sole remedy shall be the refund of the amount actually paid if payment has been made.
6. All Sales Final. Once Badger has announced the winning Buyer, said Buyer is unconditionally bound to pay for the item and Buyer’s Fee. ALL SALES ARE FINAL AND ALL ITEMS ARE SOLD “AS IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND, PROVIDED BY BADGER.
7. Payment by Buyer. All amounts due are denominated in United States Dollars unless otherwise noted. By participating in any Sale, Buyer personally and unconditionally guarantees payment to Badger. Further, Buyer shall not initiate a charge-back on his or her credit card after payment has been made to Badger.
a. United States Based Buyers. Payment for items purchased by US based Buyers is due upon completion of the Sale. Payment must be made with credit card, cash, or cashier’s check. Unless otherwise agreed, Badger shall charge Buyer’s Card On File automatically upon completion of the Sale.
b. International Buyers. Payment for items purchased by internationally based Buyers is due 24 hours following completion of the Sale. Payment must be made with credit card, or pre-approved wire transfer. Unless otherwise agreed, Badger shall charge Buyer’s Card On File automatically upon completion of the Sale.
If Badger must call or otherwise contact Buyer to complete payment, Buyer agrees to pay an additional fee of 5% of the gross sales price to Badger. If any Credit Card offered by Buyer is declined, a fee of $10 per card declined will be paid by Buyer to Badger. If any check offered by Buyer is not honored, an additional fee of $50 will be paid by Buyer to Badger. Buyer is responsible for attorney’s fees, court costs, disbursements, and expenses associated with Badger’s collection of outstanding invoices from Buyer. Any amounts not timely paid shall accrue interest at the rate of 1.5% per month until paid. There will be a $25.00 non-refundable wire fee for all payments made via wire transfer. In addition, any credits on any Buyer's invoice in the amount of $50.00 or less will not be refunded to a credit card or paid in cash or check. Instead, Buyer shall receive an auction credit for said amount.
8. Payment by Customer. All amounts due to Badger are payable immediately upon completion of the Sale, or as otherwise agreed upon between Customer and Badger. Customer agrees to pay all amounts requested by Badger, including but not limited to: commission, cancellation fees, lost commission & profits, attorney’s fees, and all other costs incurred by Badger.
9. Pick Up & Shipping. Buyer shall pick up and remove all items during the scheduled removal times. If Buyer fails to do so, all items left behind shall be considered abandoned and Badger shall not be liable to Buyer in any way. Buyer is responsible for organizing any shipping arrangements for delivery of purchased items. Any item(s) abandoned may be subject to dispersal costs to the buyer.
10. The Buyer is solely responsible to provide any personnel, equipment or material needed to pick up and remove all purchases. This includes removing any items that may be attached to walls, floors, ceilings, other equipment or similar. The Buyer shall also be responsible to ensure proper capping of all water, gas and/or power disconnections, and full financial responsibility for any damage or liability to persons or property resulting from any negligent acts or omissions or those of your employees, agents and/or contractors during pick-up and removal.
11. Lost, Stolen or Damaged Items. Badger shall not be responsible to Buyer or Customer for any lost, stolen, or damaged items.
PLEASE NOTE BADGER CORPORATION IS NOT RESPONSIBLE FOR LOST, STOLEN OR DAMAGED ITEMS.
12. Owner/Seller Reserves the right to end the sale at anytime.
Owner/Seller reserve the right to withdraw items from the sale at any time before, during or after bidding is complete. In the event of removal after bidding is complete, the high bidders sole remedy shall be the refund of the amount actually paid if payment has been made.
13. Shipping and/or preparation of items for shipment is not guaranteed for every auction and or purchase. It is 100% the responsibility of you, the customer to contact Badger if you would like your purchases prepared for a transportation provider of your choice. This must be completed within the removal dates and times that are provided on your paid invoice. Badger recommends that you arrange preparation and/or shipping of your items even before bidding.
14. Jurisdiction and Venue. Any disputes or litigation arising from an auction shall be resolved by the Circuit Court of Dodge County and by registering to bid the registrant agrees to personal jurisdiction in that Court and to the venue of Dodge County.
15. Applicable Law. For a live auction, the law of the state where the auction is held applies to any disputes related to that auction. The applicable law for any auction that is online only is Wisconsin.
16. Marketing. By signing up to participate in this auction, I give Badger Auctioneers permission to send various marketing materials via email, text and other methods related to this and other auctions from Badger Auctioneers.
REAL ESTATE TERMS:
Terms for Bidding:
1. Auction Registration: To register and receive an assigned number, a prospective bidder must:
(a) Provide his or her name, social security number, residence address, telephone number
and Identification.
2. Deposits: For the property purchased at the Auction, the successful bidder must deliver to Badger Auction, Inc. (the “Auctioneer”) CASH or WIRE (NO EXCEPTIONS PLEASE) in the amount of ten percent (10%) of final accepted bid plus twelve percent (12%) buyer’s fee. Total amount of non-refundable deposit will be twenty-two percent (22%) of final bid price. Third party checks will NOT be accepted. The remainder of the purchase price will be due by cash or wire the day of the closing within 30 days of the auction.
3. Buyer’s Fee: A twelve percent (12%) buyer’s fee will be added to the final bid and included in the total contract price.
4. Conditions: The property will be sold in “AS IS” CONDITION. The seller and Auctioneer hereby expressly disclaim making any warranties or representation whatsoever, expressed or implied, written or oral. An owner’s Title Insurance Policy will be provided by the Seller at the Seller’s expense. Seller assumes the obligation of paying all taxes and assessments occurring up to closing. Seller reserves the right to reject any or all bids. The Buyer assumes the responsibility of the Closing Costs, including but not limited to, the preparation of the Closing Statement and Recording of Deed fee. All information was derived from sources believed correct, but is NOT guaranteed. Buyers shall rely entirely on their own information, judgment and inspection of the property and records. Buyer assumes full responsibility for any and all reports, removal or disposal of any hazardous materials.
5. Title: Seller agrees to provide a Title Insurance Policy, in the amount of the purchase price to Buyer and Buyer acknowledges and agrees that the cost of such Binders shall be of the Seller’s expense, and will be paid at closing.
6. Contracts: The successful high bidder(s) on the property (ties) will be immediately required to sign a bidders receipt and acknowledgement and submit a wire transfer in the amount of ten percent (10%) of final bid plus twelve percent 12% buyer’s fee of the purchase price. Total amount of non-refundable deposit will be twenty-two percent (22%) of final bid price.
7. Closing: Balance of the purchase price will be due at closing within 30 days.
Default:If the purchaser fails to comply with any of the PROCEDURES, TERMS AND CONDITIONS, Any earnest money/monies received shall be retained first and foremost by Badger to cover commission, expenses, and buyers’ fee of the gross bid price of the sale, any monies in excess will be paid to the seller as liquidated damages. If any sale is so cancelled prior to the completion of the Auction, the property may, at the Seller's discretion, be re-offered and resold.
8. You will be liable for any unlawful or damaging conduct. The Auctioneer will receive bids, at his discretion, from any bidders who conduct themselves in an orderly manner. Any person who bids in bad faith, has a history of bidding in bad faith, is drunken, or acts in a boisterous, loud or otherwise disorderly manner that is disruptive to the sale will not be permitted to bid, will be required to leave the sale premises and will be held liable to the Seller and/or Auctioneer for any damages caused including without limitation defamation, slander or trespass. If a bidder breaches any of these terms for bidding, Seller and/or Auctioneer shall be entitled to reimbursement of all reasonable attorney’s fees and expenses incurred as a result of such breach and may be excluded from future Auctions.
9. Representations: All information was derived from sources believed to be correct, but is NOT guaranteed. Prospective Purchaser(s) shall rely entirely their own information, judgment and inspection of the property and records. Neither Seller nor Auctioneer makes any representation or warranties as to the accuracy or completeness of any information provided.
10. Announcements: All announcements made the day of Auction will take precedence over all previously printed material and any other oral statements made. In the event of a dispute over any matter, the Auctioneer shall make the sole and final decision and will have the right either to accept or reject the final bid or reopen the bidding.
11. Broker Participation: Real Estate Broker participation is encouraged. A commission equal to 2% of the Contract price will be paid to qualified licensed Real Estate Brokers, if and when in Broker’s properly registered prospect is the high bidder, purchase and closes on an Auction property. To qualify for the commission, the Broker MUST:
(a) Be an active, duly licensed real estate broker, not prohibited by law from participation
(b) Register the Prospect(s) on company stationery with both the prospect’s and broker/salesperson’s signatures at least 48 hours before the Auction. Registration notice must be sent to Auctioneers Headquarters by mail or fax attn: Badger Auction. Neither seller nor Auctioneer is responsible for delay or failure to meet deadline if Broker relies on this or any other method of delivery. There are no provisions for deadline extensions. No oral registration will be accepted. No commission on the property will be paid to any Broker participating in purchase of the property. There can be NO EXCEPTIONS to this procedure, in the case of multiple registrations of the same prospect by different brokers; the first registration received will be recognized. The real estate agent must attend and register with the prospect at the Auction and any inspections.
12. This Agreement shall at all times be governed by the laws of the State of Wisconsin, without regard to any Wisconsin choice of law regulations. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Wisconsin, applicable to contracts made and to be performed in that state. Any claim, action or proceeding arising out of or relating to this Agreement shall be filed and tried only by a court of competent jurisdiction sitting in the County of Dodge, State of Wisconsin, and each party agrees not to assert, by way of motion, as a defense, or otherwise in any such action, suit, or proceeding, any claim that it is not subject personally to the jurisdiction of such court, that such is in an inconvenient forum, that the venue of the action, suit, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court. Each party irrevocably submits to the jurisdiction of any such court in any such action, suit, or proceeding.
FIREARM AND AMMUNITION TERMS
Rifles will be transferred through a licensed local gun shop (FFL) Bill’s Sporting Goods-724 Main St., Lomira, WI 53048. Buyer is responsible for $35.00 transfer fee plus applicable taxes/fees. All state and federal firearm laws apply, including background check requirements.
Firearm Liability Disclaimer:
All firearms are sold “AS IS, WHERE IS” with no warranties or guarantees expressed or implied as to condition, functionality, safety, or merchantability. The auction company and seller make no representations regarding the operational condition or safety of any firearm. It is the buyer’s sole responsibility to have all firearms inspected by a qualified gunsmith prior to use.
By purchasing a firearm, the buyer acknowledges and agrees to comply with all applicable federal, state, and local firearm laws and regulations. The buyer assumes all responsibility and liability for the possession, transfer, ownership, storage, and use of any firearm purchased.
The auction company, auctioneer, seller, and their agents shall not be held liable for any claims, damages, injuries, losses, or legal actions arising from the sale, transfer, ownership, or use of any firearm purchased through this auction.
All firearm sales are subject to approval and legal transfer through a licensed Federal Firearms Dealer (FFL). Any buyer failing to pass the required background check or otherwise prohibited from owning firearms shall forfeit all rights to the firearm and may be subject to restocking or
resale fees.
Wisconsin Firearm Terms & Conditions:
All firearm sales shall comply with applicable federal and Wisconsin state laws. Firearms purchased at this auction must be transferred through a licensed Federal Firearms Dealer (FFL). Buyers must be at least 18 years of age to purchase rifles or shotguns and must provide valid government-issued photo identification at the time of transfer.
All buyers are subject to the National Instant Criminal Background Check System (NICS) and any additional requirements imposed by the transferring FFL dealer. No firearm will be released until all legal transfer requirements have been completed and approved.
A firearm transfer fee of $35.00 per firearm, plus applicable taxes and fees, shall be paid directly by the buyer to the transferring FFL dealer.
Buyers who are denied approval during the background check process, fail to complete the transfer, or fail to pick up firearms within the stated removal period may forfeit payment and may be subject to resale, storage, or administrative fees at the discretion of the auction company.
The auction company reserves the right to refuse transfer of any firearm if the transaction is believed to violate federal, state, or local law.
Ammunition Sales Terms & Conditions:
All ammunition sales shall comply with applicable federal, state, and local laws. Buyers must be at least 18 years of age to purchase rifle or shotgun ammunition and at least 21 years of age to purchase handgun ammunition where applicable by law. Valid government-issued photo identification may be required at pickup.
Ammunition is sold “AS IS, WHERE IS” with no warranties or guarantees expressed or implied. The auction company and seller make no representations regarding condition, age, storage history, performance, or safety. Buyers are encouraged to inspect all ammunition prior to use and should have questionable or older ammunition evaluated by a qualified professional.
The buyer assumes all responsibility and liability for the purchase, possession, transportation, storage, and use of ammunition purchased through this auction. The auction company, auctioneer, seller, and their agents shall not be held liable for any injury, damage, or loss arising from the use or misuse of ammunition.
Ammunition sales are final. It is the buyer’s responsibility to determine whether ammunition may legally be possessed in their jurisdiction. No ammunition will be shipped where prohibited by law.
For online purchases, ammunition may only be shipped to locations where lawful and in accordance with carrier regulations. Buyers are responsible for all shipping, handling, hazardous material fees (if applicable), and compliance with local laws.
Badger Auctioneers, Reg. WI #30, 159, 960-052
990 Richard St., Lomira, WI 53048
www.badgerauction.com
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