Special Terms
Kiefer Auctioneers, LLC - Terms and Conditions
This Agreement (the "Agreement") sets forth the terms and conditions governing the conduct of the auction and the bidding process for the public auction event conducted by Kiefer Auctioneers, LLC (the "Auctioneer" or "Auction Company"), as listed on the auction's website or the auction's online bidding platform.
By registering as a bidder ("Bidder") or purchaser ("Purchaser") in any auction conducted by Kiefer Auctioneers, LLC, whether through a live, on-site auction, a live simulcast online auction, a timed online auction, or any other auction platform, the Bidder and Purchaser hereby covenant and agree to be bound by this Agreement.
The terms "Bidder," "Purchaser," "Auctioneer," "Auction Company," "Seller," "Event Land Owner(s)," and "Auction Items" shall have the following meanings:
1. "Bidder" refers to any registered individual or entity placing a bid in the auction, either online or in person.
2. "Purchaser" refers to the highest accepted and declared bidder at a live, simulcast, or timed online auction, and the individual or entity that successfully purchases an Auction Item.
3. "Seller" refers to the party or entity offering Auction Items for sale.
4. "Auctioneer" refers to Kiefer Auctioneers, LLC, the entity conducting the auction.
5. "Auction" refers to the auction event as advertised, either live, simulcast, or timed online, conducted at the time, date, and location listed on the auction website or platform.
6. "Event Land Owner(s)" refers to the legal owner(s) of the real property at the auction location or premises.
7. "Auction Items" or "Lot Items" refer to the goods, personal property, or real property (including real estate) being auctioned.
1. Eligibility
By registering to participate in any auction conducted by Kiefer Auctioneers, the Bidder and Purchaser hereby represent and warrant that they have the legal capacity and authority to enter into and be bound by this Agreement. Participation by any individual who is under the age of 18, or by any individual who is not of sound mind, judgment, or legal capacity, is strictly prohibited. Any such participation shall constitute a violation of this Agreement, and the Auctioneer reserves the right to immediately disqualify any individual found to be ineligible.
2. Agreement to Terms
By registering as a Bidder or Purchaser, each participant acknowledges, affirms, and agrees to be bound by and comply with the terms and conditions set forth in this Agreement. It is the sole responsibility of the Bidder and Purchaser to review these Terms and Conditions prior to placing any bid on an Auction Item. Bidders are strongly advised to request a copy of the Terms and Conditions from the Auctioneer at any time before submitting a bid.
This Agreement shall apply to and govern all auctions conducted by Kiefer Auctioneers, including but not limited to on-site auctions, live online simulcast auctions, timed online auctions, and any other auction platforms utilized by the Auctioneer. The Terms and Conditions will be made available for review at the auction venue on the day of the auction and will also be accessible on the Auctioneer’s website (kieferauctions.com) or the applicable online bidding platform for the auction. Bidders may request a copy of the Terms and Conditions at any time prior to registering for the auction by emailing info@kieferauctions.com. Should a Bidder require assistance in obtaining, reviewing, or understanding the Terms and Conditions, the Bidder shall immediately contact Kiefer Auctioneers at (940) 391-9111 or (903) 821-8717.
3. Auctioneer’s Role and Liability
The Auctioneer is acting solely as an intermediary and agent for the Seller in connection with the auction transaction. The Auctioneer shall not be held liable for any damages, claims, losses, injuries, or disputes arising out of or in connection with the auction, the Auction Items, or any actions taken during or after the auction. All bids placed by participants are legally binding, and the Auctioneer reserves the right, at its sole discretion, to cancel, modify, or reschedule any auction event without liability.
4. Indemnity and Hold Harmless
By participating in the auction, the Bidder and Purchaser agree to indemnify, defend, and hold harmless the Auctioneer, its affiliates, officers, directors, employees, agents, heirs, successors, and assigns, as well as the Seller, Event Land Owner(s), and their respective officers, agents, employees, heirs, legal representatives, and assigns (collectively, the "Indemnified Parties"), from and against any and all claims, actions, liabilities, damages, losses, injuries, or expenses of any kind, including but not limited to legal fees, costs, and disbursements, arising out of or related to the auction event, the Auction Items, or the use, handling, or transport of such Auction Items, whether caused by personal injury, property damage, accidents, or any other claims or circumstances.
5. Auction Announcements
Any announcements made by the Auctioneer during the course of the auction, including but not limited to modifications, clarifications, or updates to these Terms and Conditions, shall supersede and take precedence over all prior written or oral terms and conditions. Such announcements shall be deemed legally binding and incorporated as part of this Agreement.
6. Technical Issues
In the event of any technical issues or disruptions related to online bidding, Bidders are instructed to promptly contact ProxiBid for assistance at:
• Phone (United States): (877) 505-7770
• Phone (International): +1 (402) 505-7770
7. Legal Enforcement
By registering for and participating in the auction, the Bidder and Purchaser irrevocably agree to be bound by and comply with the laws of the State of Texas, specifically the laws of Denton County, Texas. The Bidder and Purchaser further acknowledge and consent that any legal disputes, claims, or actions arising out of or related to this Agreement shall be exclusively resolved in the courts located in Denton County, Texas. The Bidder and Purchaser submit to the personal jurisdiction of such courts for the resolution of any such disputes.
8. Governing Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, without regard to its conflict of law principles. Venue for any legal action arising out of or related to this Agreement shall lie exclusively in the courts located in Denton County, Texas, which shall have sole and exclusive jurisdiction over any such actions. The Bidder and Purchaser expressly consent to the jurisdiction and venue of the courts in Denton County, Texas, for the resolution of any disputes arising under this Agreement.
By completing the registration process, the Bidder and Purchaser affirm that they have read, understood, and agree to be legally bound by these Terms and Conditions, including the provisions regarding legal enforcement and jurisdiction.
Kiefer Auctioneers, LLC - Terms and Conditions of Auction
Public Auction:
By registering to participate in the auction, the Bidder and Purchaser acknowledge and agree to be bound by these Terms and Conditions. The Auctioneer, Seller, and Event Location Land Owner(s) shall not be held responsible or liable for any loss, theft, damage, accident, fire, property damage, injury, or any other liability arising out of or in connection with the auction, including, but not limited to, any incident involving the Auction Items.
Live Auctions:
Live Auctions will be conducted as an in-person, audible auction conducted by a Licensed Auctioneer on the date and time specified on the auction listing page of the auction website. The auction will take place on-site at the property address listed on the auction website or in any related marketing material, with registration beginning at 8:00 AM CST on the day of the auction, unless otherwise stated on the auction listing page. The Auction Preview Day, is typically held the day prior to the auction and takes place from 10:00 AM – 3:00 PM CST or by appointment with the Auctioneer, unless otherwise specified on the auction listing page on KieferAuctions.Com or the designated online auction platform.
Bidding on-site will commence at the time indicated in the auction listing. All Auction Items will be sold "AS IS" and "WHERE IS," with no warranties, express or implied. It is the sole responsibility of the Bidder and/or Purchaser to inspect the Auction Items and conduct due diligence prior to bidding. Any individual bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney to the Auctioneer before the auction begins. Otherwise, the person bidding will be deemed legally responsible for payment of any Auction Items for which they place a bid.
If a Bidder is representing a corporation, the individual bidding on behalf of the corporation will be personally bound by these Terms and Conditions and required to settle all purchases until a corporate resolution is presented to the Auctioneer, prior to closing on real property or finalizing payment for any lot items. Bidders must provide a valid driver's license or identification card, a current phone number, and a current mailing address to register.
Live Online Simulcast Auctions and Live Virtual Auctions:
If you are unable to attend the live auction in person, or the auction is a live virtual auction with no live auction attendees, you can still participate in real-time online bidding through the designated online bidding platform. Pre-bidding will be available prior to the live auction date. Pre-registration on the designated online bidding platform is required at KieferAuctions.Com. Bidding will begin at the time and date specified on the auction listing page. All Auction Items will be sold "AS IS" and "WHERE IS," with no warranties. It is the sole responsibility of the Bidder and/or Purchaser to inspect the Auction Items and conduct due diligence prior to bidding.
Any individual bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney prior to the auction, or they will be deemed responsible for payment of all Auction Items they bid on. If the Bidder is bidding on behalf of a corporation, the Bidder will be personally liable for all purchases until a corporate resolution is provided to the Auctioneer before closing on any real property or the finalization of any auction invoices.
Online Timed Auctions:
Bidding will begin at the time and date specified on the auction listing page and will proceed in a timed online format. The auction will close sequentially, with one lot closing every minute, beginning with Lot #1 and continuing until the final Lot, as listed in the online catalog. The Online Timed Auction will be conducted exclusively through the designated online bidding platform listed on KieferAuctions.Com, which shall be the final authority in determining winning bids. Upon confirmation of the winning bid, the bid shall be automatically accepted by the Auctioneer, and a binding obligation to purchase the Auction Item shall be formed. All Auction Items will be sold "AS IS" and "WHERE IS," and it is the sole responsibility of the Bidder and/or Purchaser to inspect and research any and all Auction Items prior to placing bids.
Any person bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney to the Auctioneer prior to the auction. Otherwise, the Bidder will be held legally responsible for payment on any Auction Items purchased.
Absolute Auction:
An "Absolute Auction" is an auction in which the Auctioneer is obligated to sell the Auction Item to the highest Bidder without reserve or minimum price. The Auctioneer, Seller, and/or any related party expressly waive the right to reject any bid, and the Auction Item shall be sold to the highest Bidder regardless of the final bid amount. The Seller agrees to sell the Auction Item regardless of any price limitation, including but not limited to a reserve price or a minimum bid requirement.
Reserved Auction:
A "Reserved Auction" is an auction in which the Auctioneer reserves the right to set a minimum acceptable price for the Auction Item, known as the "reserve price." The Auction Item shall not be sold unless the highest bid meets or exceeds the reserve price, which may be disclosed or undisclosed at the discretion of the Seller. The Seller and/or Auctioneer may reject any bid that does not meet the reserve price, and the Auction Item may not be sold if no bid meets the reserve price. In a Reserved Auction, the Seller maintains the right to withdraw the Auction Item from the auction prior to the conclusion of bidding, and no sale will be consummated unless a valid bid meets or exceeds the reserve price.
By participating in either an Absolute Auction or a Reserved Auction, the Bidder and Purchaser agree to be bound by the applicable terms governing the specific type of auction, and to comply with all conditions related to the bidding process, including the potential withdrawal or rejection of bids.
Auction Procedures:
All Auction Items are sold "AS IS" and "WHERE IS," without any warranty, either express or implied, concerning their condition, authenticity, or suitability for any particular purpose. The Auctioneer reserves the right to sell any Auction Items in any manner deemed appropriate, including determining the increments of bidding, methods of sale, and resolving any bidding disputes. The decisions of the Auctioneer are final in all matters related to the auction, including the removal, skipping, or grouping of any Auction Item.
The auction items will be sold in such a manner that results in the highest total sales price. The auction item remains live in the auction until the auction item is closed, or declared “Sold” by the Auctioneer. The bidder with the highest placed bid becomes known as the “Purchaser” and whom placed the highest bid of the auction item for which the bid was placed.
In the event that an auction item is removed or skipped, all pre-bids and absentee bids associated with such items will be voided. If a tie bid occurs between an on-site bidder and an online bidder, the tie bid will be awarded to the on-site bidder.
Payment:
Winning bidders, hereafter referred to as "Purchasers," will receive an invoice from Kiefer Auctioneers via email following the conclusion of the auction. Purchasers are responsible for checking their spam or junk folders for the invoice. Payments will be processed immediately after the auction. To ensure prompt payment, Purchasers must contact the Auction Company by phone (leave a voicemail) or by text message to: (940) 391-9111 with their detailed information (name, paddle/bidder number, etc.) and how they intend to make payment, or to use their credit or debit card on file. All credit and debit card transactions will be processed with a 3.79% convenience fee. Auction Company will run the Purchasers card on file after the auction unless, the Purchaser contacts the Auction Company to arrange an alternative payment method immediately at the conclusion of the auction.
Payment for Auction Items are considered due once the item is declared “Sold” by the Auctioneer. Purchasers must pay the full amount due on their invoices before removal of any Auction Item. Invoices must be paid in full within 24 hours. Failure to make payment by the specified deadline will result in penalties, including a 2% late fee and default interest of 18% per annum. Additionally, the Auctioneer shall have the exclusive right to declare any Auction Item(s) as a "No Sale" and charge a 25% restocking fee for such items. If payment is not made by the Purchaser in full by the specified deadline, the Purchaser will be responsible for any collection costs, including legal fees, and any costs incurred in enforcing this Agreement.
Accepted methods of payment include cash, credit or debit card (subject to a 3.79% convenience fee), wire transfer, or check with a Bank Letter of Guarantee. For checks over $250, the check must clear the bank before items may be removed. Wire transfers must be completed by the next business day.
International Purchasers must contact the Auctioneer before the auction to arrange for a valid deposit. International payments must be made via wire transfer in U.S. dollars by the next business day. No refunds will be issued for sales tax to international buyers, and international checks will not be accepted.
Buyer's Premium:
A Buyer's Premium, as specified on the auction listing page for online and on-site bidders, will be added to the final hammer price of each Auction Item. This fee is in addition to any applicable taxes or other fees.
Sales Tax:
Bidders and Purchasers are responsible for ensuring that any tax exemption information provided to Kiefer Auctioneers and on your account for the designated online bidding platform is accurate and up-to-date. Failure to provide current tax exemption details may result in the imposition of applicable sales tax. Sales tax will be assessed unless the Purchaser submits a signed Sales Tax Resale Certificate or an Agriculture Exemption Certificate to the Auction Company. All Buyers are required to submit their signed Sales Tax Resale or Agriculture Exemption Certificates prior to the auction date.
International Buyers are subject to applicable sales tax and will not be refunded any sales tax.
Furthermore, the Bidder and Purchaser acknowledge their responsibility for the payment of any sales or use taxes that may arise due to non-compliance with Federal, State, or Local tax codes regarding items sold as tax-exempt or for resale. The Bidder and Purchaser also understand that it constitutes a criminal offense to provide a false exemption or resale certificate number for taxable purchases, with potential penalties ranging from a Class C Misdemeanor to a Felony of the Second Degree, depending on the amount of tax evaded.
Default, Responsibility for Payment, and Additional Costs:
In the event the Purchaser fails to make full payment as required by the auction terms, the Purchaser will be deemed in default. The Auctioneer reserves the right to take any necessary legal action to recover the outstanding balance, including, but not limited to, pursuing claims through collection agencies, contacting the District Attorney or Sheriff's Office for insufficient funds, stopped payments, chargebacks, or disputes related to credit or debit card transactions.
The Purchaser shall be liable for all costs incurred by the Auctioneer in connection with the collection of the debt, including legal fees, collection agency fees, penalties, and any other charges associated with the default.
Furthermore, the Purchaser will be responsible for any and all additional costs arising from the failure to promptly remove Auction Items, including storage fees, handling fees, transportation costs, and reshipping charges. Such fees may accrue daily and will be payable in addition to the original purchase price, at the Auctioneers sole discretion.
The Auctioneer retains the right to resell any unpaid or uncollected Auction Items at its discretion, without any refund to the Purchaser. If the resale price is lower than the original purchase price, the Purchaser shall be responsible for the deficiency. The Auctioneer may pursue any legal remedies available under applicable law to recover amounts owed, including but not limited to the imposition of storage fees, resale of the item, and legal action to recover amounts owed.
Chargebacks Prohibited:
The Purchaser agrees not to initiate any chargebacks or payment disputes with respect to any amounts paid for Auction Items, including but not limited to the purchase price, buyer's premium, taxes, or any applicable fees. In the event the Purchaser improperly initiates a chargeback or payment dispute, the Purchaser shall be solely responsible for any and all legal fees, costs, penalties, or collection expenses incurred by the Auctioneer in connection with the dispute or chargeback, including but not limited to costs associated with resolving the chargeback and any fees for collection of outstanding amounts.
The Purchaser acknowledges that any such chargebacks or disputes shall result in legal action to recover the full amount owed.
"As-Is" Sale of Auction Items:
No Warranty; As-Is/Where-Is: All auction items are sold on an "As-Is, Where-Is" basis, without any representations or warranties of any kind, either express or implied, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. The description of each Auction Item is solely for the purpose of identification and does not constitute a representation or warranty that the Auction Item will conform to such description or to any condition referred to therein. The Auctioneer and Seller make no representations or warranty that the Auction Item will properly function or operate after removal from the auction premises nor that it will continue to operate or function for any period of time after the item is declared “Sold” by Auctioneer. Bidders are strongly encouraged to inspect all Auction Item prior to bidding, as descriptions are provided as limited guides and may not be fully accurate. Any error in descriptions does not relieve the Bidder, Purchaser, Bidder’s agents or employees, Purchaser’s agents or employees, of their duties and responsibilities to fully inspect Auction Items prior to the placing of bids on Auction Items. There are no refunds or returns for Auction Items.
Bidding:
(a) Live Auction: A winning bid constitutes a binding contract between the Purchaser and Auctioneer once the Auction Item is declared “Sold” by the Auctioneer (a “Binding Obligation”).
(b) Online Bidding: Winning bids made via the designated auction platform are final and binding upon the Auction Item being closed and declared “Sold”. The designated auction platform will be the final judge for any discrepancies or technical issues. Purchasers will be notified of successful bids via email or other automatic notifications by the Auctioneer (a “Binding Obligation”).
(c) Maximum Bids in a Timed Online Auction:
In a Timed Online Auction, Bidders may submit a "maximum bid," which represents the highest amount the Bidder is willing to pay for an Auction Item. The bidding system will automatically place incremental bids on the Bidder's behalf, based on the Bidder’s maximum bid, up to the maximum limit set by the Bidder. The auction system will continue to bid for the Bidder at the next increment, as required by the auction platform, until the maximum bid is reached. The Bidder's identity remains confidential during this process, and the bidding system will only place bids necessary to maintain the highest position up to the Bidder's maximum bid amount.
Example: If a Bidder sets a maximum bid of $500 for an Auction Item and the current bid is $400, the system will automatically place a bid of $450 on the Bidder's behalf, assuming the next incremental bid is $50. If another Bidder then places a bid of $475, the system will automatically increase the Bidder's bid to $500. If the bidding continues beyond $500, the Bidder's maximum bid will no longer be applicable, and the Bidder will no longer be the highest Bidder.
(d) Maximum Bids in a Live Simulcast Auction:
In a Live Simulcast Auction, Bidders may also submit a "maximum bid" in advance of or during the live auction event. In such cases, the maximum bid will be communicated to the designated auction platform and will place incremental bids on behalf of the Bidder, up to the Bidder’s maximum bid, subject to the bid increment rules established for the auction. The bidding will continue on behalf of the Bidder in increments until the Bidder's maximum bid is reached or out bid. In the event another Bidder surpasses the maximum bid amount, the Bidder with the maximum bid will no longer be the highest Bidder.
Example: If a Bidder submits a maximum bid of $1,000 during a live simulcast auction for an item currently bid at $800, the system will automatically place bids on the Bidder's behalf in increments (for example, $850, $900, $950, etc.) until the maximum bid of $1,000 is reached, depending on which Bidder (online or on-site) reaches the current bid amount. If an on-site Bidder places a bid of $1,000 while the online Bidder's current bid is $950, the online Bidder's maximum bid will no longer be the winning bid, and the on-site Bidder will become the highest Bidder. The auction will then continue with the on-site Bidder as the leading Bidder.
(e) General Terms for Maximum Bids:
Bidders are responsible for ensuring their maximum bids are set according to their intent, and by placing a maximum bid, the Bidder agrees to allow the automated system to place bids on their behalf, up to the specified maximum bid amount. Once a Bidder’s maximum bid is exceeded, the Bidder is no longer entitled to win the Auction Item unless a higher bid is placed. Bidders should review their maximum bid settings carefully before submitting any bids, as all bids are final and non-retractable.
Bidders are legally responsible for all bids placed and are required to pay in full for any item won at auction. No bids may be retracted after 8:00 PM CST on the day prior to the auction. The Auctioneer is not liable for any technical issues or bidding accidents incurred by the bidder with online bidding.
Firearm Sales:
Purchasers of firearms must comply with all applicable Texas and Federal regulations. A denial from the National Instant Criminal Background Check System (NICS) does not relieve the Purchaser of their obligation to pay for the firearm. All Auction Items are offered subject to Federal, State, and C.I.T.E.S. Treaty Requirements. Firearms not picked up in person must be transferred to a Federal Firearms Licensee (FFL) Dealer. The Purchaser agrees to indemnify and hold harmless Kiefer Auctioneers, the Seller, Event Land Owner(s), and any employees from any liability resulting from the purchase of firearms or other dangerous items. The Purchaser is responsible for all shipping and transfer costs associated with firearms. ALL SALES ARE FINAL. Firearms will be subject to background checks, and no exceptions will be made. All Purchasers must pass a background check before any firearm is released to the Purchaser.
Bidder’s Duty to Inspect and Investigate:
Bidders are responsible for thoroughly inspecting all auction items before placing a bid. The Auctioneer makes no representations as to the accuracy or operational condition of the items. Failure to inspect the items does not relieve the Purchaser from the obligation to pay for the auction items. Once the Auctioneer declares the item "Sold," all risk, responsibility, and liability for the auction item immediately and transfers to the Purchaser, regardless of whether full payment has been made, creates a Binding Obligation between the Auctioneer the Purchaser. should consider obtaining insurance for their purchased items.
The Purchaser acknowledges and agrees that they have had the opportunity to inspect the Auction Items prior to placing any bids. The Auction Preview Day(s) for the Auction Items will be specified on the auction listing page of the designated online bidding platform and on KieferAuctions.com.
The Auctioneer does not assume responsibility for any inaccuracies, operational defects, or damages that might affect an item’s condition. Additionally, Bidders can make an appointment with the Auctioneer that is a mutually agreeable day and time to inspect the auction items via info@kieferauctions.com or (903) 821-8717.
Removal:
For Live and Simulcast Auctions: Purchasers may retrieve items immediately following the conclusion of the auction on Auction Day, provided payment has been made in full. Additional pick-up times will be listed on the auction listing page for the designated online bidding platform, on KieferAuctions.Com, as well as emailed Invoice from Auction Company. The Purchaser must present a paid receipt from Kiefer Auctioneers for item removal. Any items left unclaimed after the designated removal time will be considered abandoned. Kiefer Auctioneers is not obligated to issue a refund for items not picked up within the stated removal timeframes. The Auctioneer is not responsible for providing loading equipment after the removal period has ended. The Auctioneer is not liable for any thefts, accidents, damages, or injuries during removal of items. Any other arrangements must be approved in writing by the Auctioneer at info@kieferauctions.com immediately after the auction. Announcements regarding removal will be made prior to the auction commencement if different from the stated schedule.
For Online Timed Auctions: The removal dates and times will be listed on the auction listing page for the designated online bidding platform, on KieferAuctions.Com, as well as emailed Invoice from Auction Company. The Purchaser must present a paid receipt from Kiefer Auctioneers for item removal. Any items left unclaimed after the designated removal time will be considered abandoned. Kiefer Auctioneers is not obligated to issue a refund for items not picked up within the stated removal timeframes. The Auctioneer is not responsible for providing loading equipment after the removal period has ended. The Auctioneer is not liable for any thefts, accidents, damages, or injuries during removal of items. Any other arrangements must be approved in writing by the Auctioneer at info@kieferauctions.com immediately after the auction.
Auction Item Handling, Shipping, Fees, and Liability:
Purchasers are solely responsible for making all arrangements for the shipment of their purchased Auction Items. For smaller items requiring shipment, the Purchaser will incur a standard handling fee of $25, while larger items will be subject to a handling fee of $50, in addition to all freight and packaging costs charged by the shipping or freight company. If an Auction Item requires crating for shipment, the Purchaser shall bear the exclusive responsibility for coordinating and arranging such crating and shipping, at their own cost and expense, within the stated removal dates. It is the Purchaser's obligation to ensure the timely coordination of shipping, including all necessary arrangements for crating, packing, and transportation.
Once an Auction Item is declared "Sold," the Auctioneer shall not be liable for any loss, theft, damage, or injury to the item. All risk of loss, damage, or injury shall transfer to the Purchaser at the moment the item is sold. The Purchaser assumes full responsibility for the Auction Item from that point onward and is strongly advised to procure and maintain appropriate insurance coverage to protect against any potential loss or damage, including, but not limited to, loss during transit or storage.
By participating in the auction, the Purchaser agrees to release, discharge, and indemnify the Auctioneer, the Seller, and the Event Land Owner(s), along with their respective officers, agents, employees, and affiliates, from any and all claims, damages, losses, injuries, theft, accidents, or other liabilities of any kind, whether direct or indirect, arising out of or in connection with the auction and/or the Auction Items once the items are declared "Sold." From that point forward, the Purchaser assumes full responsibility for the Auction Items, including any risk of loss, damage, theft, or injury associated with such items.
Titles to Vehicles:
The Auctioneer shall use its best and reasonable efforts to facilitate the transfer of title for any titled Auction Items. However, the Auctioneer makes no representations or warranties regarding the delivery of a free and clear title. A non-refundable $25 title handling fee will be assessed to each titled auction item. Titles will be mailed to the Purchaser within two weeks following receipt of full payment.
In the event of any delay in obtaining or transferring title, the Auctioneer shall not be held liable for any losses, damages, associated fees, attorney fees, costs of any kind, interest, punitive damages, or any other type of damages, whether direct or indirect, resulting from such delay. The Auctioneer shall have no liability whatsoever to the Seller, Purchaser, or any subsequent purchaser for title delays for any reason.
The Auctioneer acts solely as a third-party intermediary between the Seller and the Purchaser and is not responsible for the status or transfer of title. Upon written request, the Auctioneer may provide the name and contact information of the Seller. All information and materials appearing on the auction listing sites are presented to the Bidder "AS IS," without warranty of any kind, either express or implied, including but not limited to any warranties regarding the condition, legal status, or transferability of title.
Auction Items sold with a title or bill of sale do not include any applicable taxes, past due taxes, title, license, processing, or documentation fees required for the registration or titling of the Auction Item. The Auctioneer will not perform any background title checks on any titled Auction Items and is not responsible for verifying the accuracy or status of the title. The Auctioneer is a mere third party facilitating the auction process between the Seller and Purchaser and bears no liability for the title transfer process.
Loading On-Site:
Kiefer Auctioneers will assist with the loading of items within reasonable weight limits during the stated removal periods. Any additional loading requirements and costs are the Purchaser's responsibility. Kiefer Auctioneers does not assume liability for theft, accidents, defects, damage, or any type of injury occurring before, during, or after the auction in regards to unloading, loading, removal, or transport. The Purchaser agrees to indemnify and hold harmless the Auctioneer, Seller, and Event Location Owner(s) from any liabilities arising from these activities.
Contract Movers:
Should the Purchaser engage a third-party mover or machinery removal contractor, the Auctioneer is not responsible for any damage, theft, accidents, or injury arising from their actions. The Purchaser is responsible for ensuring that proper insurance coverage is obtained for such contractors to protect all parties involved, including Kiefer Auctioneers, the Event Land Owner(s), and themselves. Any damage caused by the contractors, including but not limited to damage, theft, accidents, or injuries, shall be the responsibility of the Purchaser.
Disposal of Unclaimed Items:
In the event of non-payment or abandonment of Auction Items, Kiefer Auctioneers reserves the right, at its sole discretion, to resell, store, or dispose of any unclaimed items, or to leave the abandoned items at the auction premises. If the items are left at the auction premises, the Purchaser shall forfeit all legal rights to access, retrieve, or claim the items. The Purchaser shall be solely responsible for all costs associated with the non-payment or abandonment, including but not limited to collection fees, storage fees, handling fees, and any costs related to the resale or disposal of the unclaimed items. These costs shall be in addition to the original purchase price and may be pursued through legal action if not promptly paid.
Suspension of Bidding Privileges:
The Auctioneer reserves the right to suspend or revoke a Bidder's bidding privileges at its sole discretion if the Bidder violates any of these Terms and Conditions, engages in illegal or unsafe conduct, or disrupts the orderly operation of the auction. The Bidder shall remain liable for payment of all bids placed prior to the suspension or revocation of their bidding privileges. Furthermore, the Auctioneer has the right to remove the individual from the auction premises and, if necessary, contact law enforcement and file any charges deemed appropriate under applicable law. The Bidder agrees to comply with any directive for removal promptly, and acknowledges that such actions may be taken at the Auctioneer's discretion to ensure the safety and security of the event. Suspension or revocation of bidding privileges does not relieve the Bidder of any outstanding financial obligations under this Agreement.
Attendance at Auction Site:
By attending the Auction or being present at the auction premises, each person acknowledges and agrees that the auction site and premises may present potential hazards, including but not limited to unlevel ground or surfaces, the presence of flammable, corrosive, or pressurized substances, the operation of heavy machinery or equipment, and the existence of live electrical circuits. Any person, whether a Bidder, Purchaser, or other attendee, who enters the auction premises before, during, or after the auction, does so at their own risk.
The condition of the premises, including any unlevel ground or surfaces, the Auction Items, activities, and the conduct of third parties, contractors, or other individuals on the premises are not warranted to be free from hazards, defects, injuries, accidents, or dangers. The Bidder, Purchaser, and their agents, representatives, contractors, employees, and guests hereby forever release, waive, discharge, and agree to indemnify and hold harmless the Seller, Auctioneer, Event Location Owner(s), and their respective agents, employees, officers, directors, affiliates, and representatives from any and all claims, actions, damages, injuries, losses, or liabilities, including but not limited to personal injury, property damage, or any other harm, arising from or related to the auction or the auction premises.
No person shall have any claim, cause of action, or legal right against the Auctioneer, Seller, Event Location Owner(s), or their agents, employees, officers, directors, affiliates, or representatives for any injuries, damages, losses, or claims arising from any cause related to the auction premises, including unlevel ground or surfaces, auction activities, or any Auction Items. By entering the premises, each individual assumes full responsibility for their own safety and well-being.
Communication and Information Sharing:
By participating in the auction, the Bidder and Purchaser expressly authorize the Auctioneer to contact them through phone, email, or text regarding any auction-related matters, including, but not limited to, notifications, updates, reminders, and other communications. The Bidder and Purchaser acknowledge and agree that they may incur charges for such phone or text communications, for which they will be solely responsible.
Additionally, the Bidder and Purchaser consent to the use of photography, video, and audio recordings made on the auction premises, which may be utilized by the Auctioneer for purposes including, but not limited to, security, legal proceedings, and promotional activities, at the Auctioneer's sole discretion. By registering for the auction, the Bidder and Purchaser further consent to receiving advertisements, notifications, and other communications from the Auctioneer and/or the Auction Company via email, mail, phone, or text, and acknowledge that such communications may result in charges to their phone or text messaging services.
The Bidder and Purchaser understand and agree that they are solely responsible for any charges associated with receiving such communications.
Additional Terms:
The Auctioneer reserves the right to add Auction Items to the sale at any time. In the event of an emergency, unforeseen circumstances, or for any other reason deemed necessary, the Auctioneer further reserves the right to withdraw any Auction Item from the sale at its sole discretion. All information provided on the auction website, in brochures, or in other promotional materials is for general informational purposes only and is not warranted or guaranteed to be accurate, complete, or current.
Assumption of Risk; Waiver of Liability; Indemnity; Non-Sale:
The Purchaser acknowledges and accepts full responsibility and liability for the possession, use, or disposition of each Auction Item purchased. The Purchaser hereby irrevocably releases, waives, discharges, and covenants not to sue the Auctioneer, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and other representatives (collectively referred to as the "Released Persons") from any and all claims, liabilities, damages, losses, or injuries, whether known or unknown, arising out of or in connection with the use, ownership, or disposition of any Auction Item purchased at the auction, including, without limitation, claims for personal injury, property damage, or other consequential losses.
The Purchaser further agrees to indemnify, defend, and hold harmless the Auctioneer and its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and representatives (collectively referred to as the "Indemnified Persons") from any and all costs, expenses, damages, liabilities, losses, and claims, including but not limited to attorneys' fees, arising out of or related to: (i) the loading, transportation, maintenance, repair, use, or disposal of the Auction Items, or (ii) the enforcement of this indemnity provision.
In the event that any Auction Item is deemed a "Non-Sale" by the Auctioneer for any reason, the Purchaser's sole remedy shall be to pay any outstanding invoices, fees, or delinquencies related to such item. The Purchaser acknowledges and agrees that if the pick-up date has passed, they shall not be entitled to receive the Auction Item, and the Auctioneer shall have no further liability or obligation to the Purchaser in connection with the "Non-Sale" of such item. The Purchaser waives any claims against the Auctioneer or its affiliates regarding the "Non-Sale" of any item.
Liability for Injury or Damage:
The Bidder and Purchaser agree to indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, and the Owner(s) of the Event Property, as well as their respective officers, agents, employees, affiliates, and contractors, from and against any and all claims, damages, injuries, losses, or liabilities arising from personal injury, property damage, or any other harm caused by the Bidder, Purchaser, or their agents, guests, employees, contractors, or representatives, either prior to, during, or after the auction. This includes, but is not limited to, any injury or damage resulting from the removal, transport, or handling of Auction Items. The Bidder and Purchaser further agree to bear all costs, including legal fees, associated with defending any such claims.
Governing Law, Venue, and Jurisdiction:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, or the breach thereof, shall be resolved exclusively in the state courts of Denton County, Texas. The Bidder and Purchaser irrevocably consent to the exclusive jurisdiction and venue of such courts, and agree that any litigation or dispute shall be conducted solely in Denton County, Texas.
The Bidder and Purchaser further agree that any claim brought by them shall be litigated on an individual basis and not consolidated with any other claims. In the event that the Bidder or Purchaser files an action in any jurisdiction other than Denton County, Texas, contrary to the venue provisions outlined herein, the prevailing party shall be entitled to recover all reasonable legal fees and costs, including attorney’s fees. Additionally, should the Auctioneer prevail in any action arising out of or related to a violation of these Terms and Conditions, the Bidder or Purchaser agrees to reimburse the Auctioneer for all reasonable legal fees and costs, including attorney’s fees, and any other awards or legal expenses incurred in connection with such action, including but not limited to court costs, collection costs, and any other associated legal expenses or awards.
Entire Agreement:
These Terms and Conditions represent the complete and exclusive agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous agreements, understandings, representations, or communications, whether written or oral, regarding the auction.
Contact Information:
For any inquiries or clarifications regarding these Terms and Conditions, please contact the Auctioneer at the following:
Cory Kiefer
Phone: (903) 821-8717
Email: info@kieferauctions.com
TX LC#16155
Jacee Kiefer
Phone: (940) 391-9111
Email: info@kieferauctions.com
