TERMS AND CONDITIONS
Online Personal Property Auction
Please review this document carefully. This document creates certain legally binding contractual obligations.
In order to register and receive access to the interactive online bidding platform, a Bidder must accept and acknowledge these Terms and Conditions.
1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject personal property. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded.
2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any bidder of a rejected bid.
3. The Winning Bidder covenants and agrees to purchase the subject personal property at the price of the winning bid, and upon the terms and conditions hereinafter provided.
4. Within 24 hours of the close of the auction event, the Winning Bidder for the property shall receive an e-mail from Champaign County Auctions, which will detail a date, a time, and a location for the retrieval of the subject personal property, subject to further specific arrangements of the parties, including options for shipping and electronic payments.
5. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, certified check, or credit card. Payment terms are at the discretion of the Auctioneer, and payments of over $1000.00 will be subject to certain requirements. Card payments must be made via the card used for registration on HiBid. Card payments over the phone are not accepted. A 4% fee is charged for all card payments.
6. Failure to appear at the appointed date, time, and location by the Winning Bidder, shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred. Any items not picked up within 7 days of the close of this auction will become the property of Champaign County Auctions & Estates, unless late pickup arrangements have been made.
7. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Sixth Judicial Circuit, Champaign County, Urbana, Illinois.
8. Time shall be of the essence as to all of Buyer's obligations.
9. Auctioneer reserves the right to resell any personal property not paid in full within seven (7) days of the auctions' closing date.
10. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material.
11. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledge persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records.
12. By registering and bidding, the Buyer acknowledges they understand, accept and agree to these Terms and Conditions. The Buyer acknowledges that they have had ample opportunity to read the Terms and Conditions of the Auction Sale.
13. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning.
14. The Auctioneer only ships domestically in the United States. International bids will be declined. Shipping is offered via USPS Priority Mail or Fedex Home Delivery, and the carrier will be selected based on the least expensive option. Some items are not eligible for shipping. Items that are available for shipping will be marked in the catalog with the text, "Shipping Available," and a little box truck icon. Any items that do not have this text and marking are not available for shipping, or the buyer must arrange their own 3rd Party for shipping. As a general rule, furniture and clocks will not be shipped. Items may be updated prior to 3 days from the auction close, so please do not assume that large items are eligible for shipping. Smaller items are almost always eligible for shipping. Please feel free to email the Auctioneer and ask if an item is eligible for shipping. The buyer will be charged actual shipping cost plus any necessary parcel insurance and a Handling fee. Handling fees are at the discretion of the Auctioneer, and these fees are calculated as a combination of the time it takes the shipper to process a shipping order and the quantity and/or type of materials used in packaging. The Auctioneer provides a professional shipping department to facilitate shipping & handling services for non-local buyers. Small and simple packages that take 10 minutes or less to pack and ship are charged $5 in Handling fees. Any package that takes over 10 minutes to pack and ship will be charged a minimum of a $10 Handling fee, and the Auctioneer will charge an additional $10 in Handling fees for every additional15 minutes required to pack and ship an order. For example, a complicated shipment that takes 45 minutes to pack and ship will be charged approximately $35-$40 in Handling fees. Materials and boxes are fairly inexpensive and provided for free in most cases. Any use of foam board to protect flat items will have at least an additional $5 Handling fee. Large packages and any packages with more than 4 items will also have at least an additional $5 Handling fee for materials.
In any instance where a buyer is unhappy with the Auctioneer's handling fees, the Auctioneer will recommend local pickup or will also offer the option of transporting the items to Fedex for their Pack & Ship service with a $5 transportation fee added to the order. Any time an order is transported to Fedex for Fedex Pack & Ship service, this is considered "buyer arranged shipping." Therefore, once an order is transferred to Fedex, it becomes the buyer's responsibility to contact Fedex and arrange for packing, shipping, and payment at their lofty prices.
***The Auctioneer is not responsible for filing insurance claims. In the very rare occurrence of a damaged package, it is the Winning Bidder's responsibility to file an insurance claim. The Auctioneer will assist the Winning Bidder with any necessary documentation required by the claims adjuster, but The Auctioneer will not file insurance claims.***
15. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.
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