Special Terms
These are the Terms and Conditions of Sale for this online auction. Outlined is the relationship between you (Bidder) and Rothrock Auction LLC (Auctioneer). Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to the Auctioneer, and the terms "you" and "your" will refer to the Bidder. If you want to bid in this online auction, you will first have to read these Terms and Conditions. And by placing a bid, you agree that you have read the Terms and Conditions and understand the terms are binding on both you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this auction. All statements made prior to the auction of any item take precedence over written material. The auction company is not responsible for accidents, theft, or errors and omissions.
REGISTRATION: To gain access to this online auction, you will need to register and create a user name and password. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in our auctions indefinitely should you provide any false information during the registration process. BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable, Rothrock Auction LLC has the right to reject the registration, and bidding activity will be terminated. The Seller and Rothrock Auction LLC reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Rothrock Auction LLC or in their sole opinion detrimental to Bidding Activity, then Rothrock Auction LLC reserves the right to delete the bidder from bidding or may change the username with notification to the Bidder. When using the website, you must obey any and all local, state, and federal laws. Violations will result in termination of website use privileges. All payments will be made in United States Dollars.
UPDATED INFORMATION: You agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this auction, you will notify the Auctioneer of the change by updating your bidder profile and emailing what was changed to rothrockauction@gmail.com. If payment information changes after registering for the auction you must contact us to make arrangements for payment at rothrockauction@gmail.com prior to 6:00 pm the day the auction ends.
CONDUCT OF AUCTION: You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this auction.
BIDDER'S RESPONSIBILITY: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. Information in brochures, catalogs or other advertisements are from sources believed to be reliable; however potential purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly. Keep in mind that these items are used and may have scratches, dents, holes, etc. There are no guarantees with item purchases. All items are auctioned & sold “as is, where is”.
PHOTOGRAPHS & DESCRIPTIONS: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process. We make every effort to ensure that the descriptions and photographs accurately represent the items being offered. CAUTION: During the photographing of objects various equipment may be joined. Do NOT assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions. You are bidding on items as they are described on this website, not as they appear in any photograph. If an inconsistency appears please report this BEFORE bidding to rothrockauction@gmail.com or call 618-838-5363. It is our goal to be as accurate as possible.
DUE DILIGENCE: Due diligence is the responsibility of the potential bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.
CONDITION OF PROPERTY: Every effort will be made to ensure each item stays in the same condition it was photographed in. It is recommended that all potential bidders examine items prior to the auction to determine condition.
WARRANTY: All lots and items are sold “as is, where is”, with all faults, and no expressed or implied warranties. No action taken by the auctioneer or its agents is intended to create any expressed or implied warranty as to any lot or item in this auction. Rothrock Auction LLC specifically disclaims any expressed or implied warranties including but not limited to: any warranty of merchantability, fitness for a particular use, conformity with environmental laws or requirements, non-infringement, accuracy, title, or any other warranty. Property is open to the public for a thorough inspection on the date designated. It is the bidder’s responsibility to determine the condition, age, genuineness, value or other important factors. Bidder agrees that everything is sold “as is, where is” and that they may not return any item they purchase. Buyers assume complete responsibility for care of each purchase at time of sale.
BIDDING INCREMENTS: Auctioneers reserve the right to accept bids in any increment they feel is in the best interest of the client. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments may not be in the best interest of the Seller.
WINNING BIDS: If you place a winning bid during this auction, you become obligated to pay for the item(s) you have won. The auctioneer will be the final judge of any and all bidding disputes.
PAYMENT: AN INTERNET FEE OF 3% (CAP OF $1,000) WILL BE ADDED TO THE TOTAL OF EVERY ON-LINE WINNING BID. The internet fee will have a cap of $1,000 per lot. Credit card, wire transfer, cashier’s check, cash, and personal/business check are acceptable payment methods for this auction. If you plan to pay by credit card, an additional 3% will be added to your purchases. Visa, MasterCard, and Discover will be accepted. All checks must begin at # of 500 or greater. There is a $25 fee if paying by foreign wire transfer. Payment must be made within 48 hours following the close of the auction. Wire transfer must be arranged on the next business day, which will include the online buyer’s premium for all purchases not made by credit card.
SALES TAX: Farm Exemption ID, Social Security Number, or a Resale Number will be required for all purchases. If you do not provide this, YOU WILL BE REQUIRED TO PAY SALES TAX ON YOUR PURCHASE. Agriculture users will be able to fill out an Illinois State Tax Exemption form. Rothrock Auction LLC must have the exemption document before the item is released. Items being exported from the country will require tax documents before the item is released or tax will be charged. ALL SALES ARE IN UNITED STATES DOLLARS. The buyer is responsible for the exchange rate, including any incoming and outgoing wire fees.
CHARGEBACKS PROHIBITED: You agree 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 Rothrock Auction, LLC 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 costs or fees discussed in these Terms and Conditions.
TITLES: Titles will not be released until payment has cleared.
PICK-UP OF ITEMS: Pickup will be held during normal business hours Monday – Friday following the auction. You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are not able to attend the scheduled pickup times, you must call the auction company to make other arrangements. The Auctioneer does NOT hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times. Purchaser does hereby indemnify and hold harmless Auctioneer, auction staff, and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless the Auctioneer, auction staff, and Seller from any liability. Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. It will be the buyer's responsibility to dismantle & disconnect any and all equipment & furniture. Please bring your own packing materials & moving equipment. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. Please bring plenty of help and proper equipment needed to remove your items. Loading will be available, free of charge. If the item requires tear down or modification for freight, regular shop rates of $100/hour will be applied AFTER the first hour of service. You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the auction company stating that your account is paid in full. You further understand and agree it is your duty to ensure any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. No refunds will be given. All items in the lot must be removed.
STORAGE: If an item remains at JW Equipment LLC lot past 30 days, a charge of $25 per day will be applied. If an item remains past 60 days without storage fees being paid, it will be resold to cover storage fees.
SHIPPING: Shipping will not be provide by Auction Company or seller. However, contacts for shipping are available upon request.
DEFAULT & DISPOSAL OF UNCLAIMED ITEMS: In the event, you refuse to pay for or abandon any item you won at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including 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 cost associated with the resale as well as any deficiency between your original purchase price and the resale price. You agree: if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason within 3 business days, your account will be declared in default. If you still refuse 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 declare you black listed with Rothrock Auction, LLC.
CLAIMS & CHOICE OF VENUE: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Richland County, Illinois' Small Claims Court, if the claim in question amounts to less than $10,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $10,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Richland County, Illinois. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer or Rothrock Auction, LLC and do not prevail, you agree you will reimburse the Auctioneer for all reasonable legal fees and costs.
INTERIM OR PRELIMINARY RELIEF: Notwithstanding the contents of Paragraph I of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
PARAGRAPH I: If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.
LIABILITY: In all cases, the Auctioneer's liability, and the liability of the Seller in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. Under NO circumstance will the Auctioneer be liable for LOST profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. No Liability for Site Malfunction: You understand that this auction is ON-SITE & ON-LINE, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to: personal injury or property damage caused at any auction site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
LIMITATIONS: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered, except in writing by the Auctioneer.
SEVERABILITY: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, then the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.
GOVERNING LAW: These Terms and Conditions will be governed by and construed under the laws of the State of Illinois.
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 any questions regarding this auction, please e-mail us at rothrockauction@gmail.com
