Auction Ending May 1, 2014
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID!
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS ANY QUESTIONS - Call our Office at 937-323-6545 or cell phone of Jill Harvey 937-244-1448
AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Harvey Auction Company LLC (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
2) REGISTRATION - All Bidders are required to register for a bidders number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, drivers license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete Terms and Conditions of Auction, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidders number. Bidder numbers are nontransferable. All bids made by the holder of the number will be the responsibility of the registered Bidder. All sales are final. No refunds, reductions, returns, exchanges or charge backs! No Exceptions! The Auctioneers reserve the right to refuse any applicant for a bidding number or the privilege of bidding at any online or onsite auction and to revoke such privilege at any time.
3) BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. The Auctioneers reserve the right to reject any and all bids on items and lots not being sold at absolute auction. The acceptable bidding increments are established and controlled by the Auctioneer. The Auctioneers reserve the right to bid on behalf of the Seller/s.
4) DOWN PAYMENT: $2,500 down payment due on the day of the auction. The down payment will be by credit card only unless arrangements are made with Auction Company at least 48 hours ahead of the auction closing date at time. The credit card used for your registration (must be your credit card) and will be charged for your down payment after the close of the auction. If you would like to update or change your card on file, please call us at 937-323-6545. The remainder of the purchase price is payable in cash at closing.
5) Acceptance of Bid Prices: Successful bidder is required to sign a Purchaser's Agreement immediately following the close of the Auction. Your Bidding is not Conditional Upon Financing, so be sure you arranged financing, if needed, and are capable of paying cash at closing.
6)Closing: Closing shall occur as soon as possible after applicable closing documents have been completed. Projected closing date is to be on or about June 1, 2014.
7)Possession: At closing.
8)Title: Property is selling with good marketable Title.
9)Real Estate Taxes: Prorated to date of closing.
10)Easement: Sale of the property is subject to any and all easements or restrictions of record.
11)Agency: Harvey Auction Co. and its representatives are Exclusive Agents of the seller.
12)Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. Announcements made by the Auctioneer to the auction podium during the time of sale will take precedence over any previously printed material or any other oral statements made. The property is sold on an 'As Is, Where Is' basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker or the auction company. All sketches and dimensions provided are approximate. Conduct at the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that person's credentials, fitness, etc. All decisions of the Auctioneer are final.
13)New Data, Corrections, and Changes: Please arrive prior to scheduled auction time to inspect any changes, corrections or additions to the property information.
10) REFRESH BUTTON - To keep your screen current for proper bidding you will need to hit the Refresh Button often. Practice prior to bidding to understand how the refresh button works.
11) AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. The auto-extend feature time frame is set by the auction company. For this example the auto-extend feature is set at 5 minutes - If someone bids in the last 5 minutes immediately prior to the end of the auction on that item, the online auction system will automatically extend the bidding time for a 5 minute increment (and will continue to do so) until there is a 5 minute period (after the original closing time) where no one bids, then the auction on that item will close. This feature will leave the bidding open for any item that has received a bid within the last 5 minutes prior to close and from the last recorded bid time, even if the ending time has been reached. This feature has been added to eliminate sniping and to make the online bidding process fairer and to resemble a 'live' auction. Keep in mind that seconds are not recorded with bid entries. A bid recorded at 5:30 and 40 seconds will have a recorded bid time of 5:30. Bid & refresh immediately and often.
12) VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the property prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing the property in an As-Is-Where-Is condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
22) MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically, competitively bid up to your maximum in the increments specified. It is advised by Auction Company to bid your highest and best bid as soon as possible to have the best chance of being the successful bidder at the close of the auction. It is the sole responsibility of the bidder to understand how the system works. Buyer hereby acknowledges he/she has had adequate time to read the auctions terms and conditions and by bidding, acknowledges that he/she understands all aspects of the auction and bidding system.
23) TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Harvey Auction Co. reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Harvey Auction Co. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.]]>