Special Terms
By registering or submitting a bid with Wheeler Auctions & Real Estate (“Auctioneer”) through this website, you agree that the below terms and conditions govern the auction, and the online bidding process for same. Herein you are referred to as the “Bidder” or “Buyer”.
1. “As Is” Sale. ALL SALES ARE FINAL. ALL ITEMS ARE SOLD “AS IS-WHERE IS”, WITH ALL FAULTS AND WITH NO GUARANTEES OR WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, UNLESS AUCTIONEER IS ALSO SELLER OF THE LOT/GOODS, AUCTIONEER FURTHER DISCLAIMS ANY WARRANTY OF TITLE. Any oral representation made by the Auctioneer shall not modify these “AS IS-WHERE IS” terms. Any description or information given in a catalog or written on the lot is not guaranteed, warranted, or assumed by Auctioneer, and Buyer must rely solely on his/her own inspection. Property is open to thorough public inspection and bidders from off-site understand and acknowledge that he/she may not be able to inspect as well as if present, in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Auctioneer reserves the right to withdraw or re-catalog items in any auction.
2. Bidding Rules. Once the Auctioneer declares the item “SOLD”, Bidder cannot revoke, retract, or assign the bid and/or purchase. Any bid or bids that, in the opinion of the Auctioneer, is/are not commensurate with the value of the article offered, may be rejected and the article withdrawn from the sale. Where there is a reserve on an item or items, the Auctioneer shall have the right to bid on same or on behalf of the Seller or any lienholder. The record kept by the clerk of the sale, together with the marked catalog of the Auctioneer, shall in all cases be accepted by the Bidder as final if any question arises as to the price. If for any reason Auctioneer is unable to deliver the purchase, or deliver such purchase free and clear of liens, Auctioneer may terminate the purchase, in which case Bidder’s only recourse shall be the return of any monies actually paid.
3. Registration. All registration information the Bidder provides to Auctioneer or Proxibid shall be current, complete, and accurate. Bidders must be 18 years of age or older. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
4. Website; Online Bidding. Auctioneer provides Internet pre-auction and live bidding as a service to the bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction. Auctioneer cannot and shall not be held responsible for any interruption of service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of this Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final. In addition, Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction. IN THE EVENT OF A TIE BID, THE BID OF ANY FLOOR BIDDER PRESENT AT THE AUCTION SHALL BE DEEMED TO BE THE SUCCESSFUL BID. You further agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer.
5. Online Auction Fee. A 5% Internet Charge ($1000 Maximum per item) will be added to the final selling price for all online bidders. Invoices will be emailed out to all winning online bidders within 48 hours of completion of the auction. Consignors choosing to bid back their consignments online will be responsible for paying the online buyer's premium of 5% capped at $1000/lot and charged full commission rate.
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