Special Terms
All property is sold AS IS, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Key Auctioneers may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Key Auctioneers be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold AS IS and without recourse.
An 18% Buyers Premium will be added to the bid price for purchases made through Proxibid.com.
Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Key Auctioneers shall endeavor to describe in detail each item and any pertinent information about it. Key Auctioneers will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
Key Auctioneers is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Key Auctioneers or anyone else if the Internet service fails to work correctly before or during the live auction. Key Auctioneers will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins.
The auction company reserves the right to withdraw from sale any of the items; to sell at this auction items not listed; to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. The auction company also reserves the right to sell all of the items listed in bulk.
If there is any dispute between two or more bidders, the auction company or it's auctioneer, may decide the successful bidder, or may resell by immediately putting the lots up for sale again. The decision of the auction company, or its auctioneer, shall be final and absolute.
All bids are subject to all terms and conditions of sale as listed herein or announced at the auction sale. When a bid for all goods in its entirety is offered, the highest price gained for the goods will be considered the successful bid and all other bids on separate items shall be considered unsuccessful. All absentee bids will be held in confidence. Auction Company may have a principal interest in this sale. Third party creditors, if any, reserve the right to bid at this auction.
Any bid that is merely a nominal bid may be rejected by the Auction Company, or the auctioneer may reject fractional advance, if in his judgment it may adversely affect the sale.
The auction company, when acting as Agent, is not responsible for the act of its principals.
All items become the sole responsibility of the purchaser when auctioneer confirms your number as successful bidder. Although the auction company will exhibit reasonable care to safeguard purchases until removed by purchaser, no refunds or adjustments will be allowed for any shortages.
Buyer does hereby assume and does agree to indemnify and hold the auction company and seller harmless from any future claim that shall pertain to the fitness or use of that asset as being purchased.
Additional terms and conditions of sale may be added by Auction Company by announcement or posted on the premises prior to the auction.
Buyer shall be responsible for any and all actual, consequential, and incidental damages to the Real Estate or other property located on the Real Estate caused directly or indirectly by the Buyer, his agent, employees, or independent contractors during rigging or removal. The Buyer shall also be responsible for the reasonable attorneys fees of any party that is forced to bring suit against the Buyer to enforce this paragraph or the terms and conditions of this Agreement.
Any dispute arising out of the Auction, the purchase of any Merchandise, the removal of any Merchandise, or anything in any way connected to this agreement, shall be governed by the laws of the State of Indiana. The Bidder/Buyer expressly agrees that any legal action shall be brought in the state court located in Indianapolis, Indiana and the Bidder/Buyer waives any right to assert the doctrine of forum non-conveniens or to object to venue under any other applicable statute, rule, or right.
Notwithstanding anything to the contrary contained herein, in the event that the Buyer has not paid for shipping charges within five (5) days after the close of the Auction, the Buyer expressly agrees that it shall have abandoned the Merchandise and the owner of the Real Estate shall dispose of the property as it chooses to do so in its sole discretion. The Buyer further agrees that the Purchase Price shall be retained as liquidated damages and that the Buyer shall not pursue any action for the recovery of the Merchandise or the Purchase Price against the owner of the Real Estate, the Auction Company or any agent, employee, or representative thereof.
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