Terms
All items are sold as is where is without warranty or guarantee of any kind.
The auctioneer is not responsible for the condition for any items sold.
All Sales are Final! (Absolutely No Returns).
Terms and Conditions:
By submitting your bid, you agree that:
You have read and agree with the Auctioneer Terms and Conditions below and the AuctionZip Terms of Use Agreement
Richard Edwards Auctioneer - Terms
The following terms and conditions are in all cases binding upon all parties involved. This document is "NOT" a contract. The signing of this document only reflects that you have read and reviewed its contents.
REGISTRATION: Pre-registration is required. All bidding is open to the public.
DOWN PAYMENT: $5,000 down payment will be required upon signing the Real Estate Purchase Contract. The Real Estate Purchase Contract will be signed immediately upon the close of the bidding. The $5,000 down payment may be paid with personal check, business check, or cashier's check. The down payment is to be made payable to the Sellers. The down payment will be placed in the sellers' checking account and returned to the purchaser at closing, providing the purchaser fulfills the Real Estate Purchase Contract. The full purchase price agreed upon at auction is due at closing within but no later than 30 days from date of the auction. In the event the Purchaser cannot close. The down payment will be NON-Refundable and the seller will NOT be obligated to return the down payment to the Purchaser.
PROCEDURE: This property is being sold using the auction method and will sell to the highest bidder providing the seller is satisfied with the purchase price. This property is selling with the confirmation of the owner and is NOT an Absolute auction.
CONTINGENCIES: There are no buyer contingencies upon the sale of this property. Your bidding is not contingent upon any financing. If needed, be sure to have your financing and inspections arranged prior to the auction. The Sale of this property is not contingent upon appraisal or inspections of any kind and is Selling in "AS IS" condition. It is not contingent upon the sale or closing of your Real Estate, etc.
CLOSING: The closing shall be on or before September 31st, 2016. At closing Seller pays deed prep, transfer tax and Real estate marketing fees. Seller to pay all taxes due and payable up to day of closing. Buyer is to pay all additional closing cost.
POSSESSION OF THE PROPERTY: Upon full payment of the purchase price. Possession shall be given to the buyer on the 30th day after closing. Possession will not under any circumstances take place prior to closing.
REAL ESTATE TAXES; Seller to pay all real estate taxes that are due & payable up to the day of closing. Buyer to pay all Real estate taxes due after closing.
INSECT AND OTHER INSPECTIONS: Purchaser may at their expense have inspections of any kind preformed 7 days prior to the auction date, by qualified inspectors or contractors selected by the Purchaser. Purchaser and/or Purchaser's inspectors and/or contractors shall be permitted access to the property at reasonable times. Purchaser shall be responsible for any damages to the property caused by Purchaser and/or Purchaser's inspectors and/or contractors. If the inspections disclose any defects with the property, Purchaser is to take into consideration the cost of the repairs and bid accordingly. No repairs will be made by the seller. It is the Purchasers responsibility to do all inspections prior to the auction date. If inspections are done after the auction date, and the inspections disclose any defects with the property, the repairs will be the responsibility of the Purchaser and will not affect the purchase price of the property agreed upon on the day of the auction. In this event Purchaser shall take the property "AS IS" with respect to such defects. If inspections are made prior to the auction, this document must be signed by the responsible party in the presence of the auctioneer, before inspectors or contractors will be permitted on the premises.
EASEMENTS: The sale of this property is subject to any and all easements of record.
AGENCY; Richard Edwards Auctioneer/Realtor and Blue Spruce Realty Inc. are exclusive agents for the seller. They in NO WAY represent you as the buyer at the auction, even if they have represented you in the past. If you the buyer want representation from an Attorney or Realtor you may at your expense.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information, in either printed material or oral statements, given to the prospective buyer is believed to be true and accurate but is subject to terms and conditions in the Real Estate Purchase Contract. Any statements and announcements made by the Auctioneer/ Realtor the day of sale, will take precedence over any previously printed information or any other oral statements made. This property is being sold, "as is, where is" with no warranty or representation, either expressed or implied, concerning the property being made by the sellers, Richard Edwards Auctioneer/Realtor or Blue Spruce Realty Inc. Each potential bidder is responsible for conducting their own independent inspections, investigations, and inquires and due diligence concerning the property prior to the auction.
All information contained in this brochure is believed to be accurate but is subject to verification by all parties relying upon it. The seller, Richard Edwards Auctioneer/Realtor or Blue Spruce Realty Inc. assumes no liability for accuracy, errors, or omissions. All pictures, figures, drawings, and dimensions are believed to be accurate but subject to correction. The Real Estate Purchase Contract shall supersede all documents.
AUCTIONEER: Richard Edwards Auctioneer/Realtor ________________Date________
PURCHASER: ______________________________DATE_______
PURCHASER: _____________________________DATE_______
STANDARD TERMS
AUCTIONEER/AGENT STATUS: The auctioneer acts as agent only, and under the terms of this contract shall not be liable for any default of the purchaser, bidder, consignor, seller, or vendor.
AUCTION ABSENTEE BIDDING: Absentee bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via email, our website, INTERNET bidding websites, mail or fax. Absentee bidders agree to all terms and conditions. In terms of a tie bid between an absentee bidder and an auction floor bidder, the auction floor bidder will win the item at their amount bid. Although best effort is made, Auctioneer cannot guarantee the execution of absentee bids.
AUCTION BIDS: The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. The auctioneer has the right to decline, reject, and or refuse any bid, from any venue. The auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid.
AUCTION BIDDER'S CONTRACT: It is expensive to set up, prepare, lot, photograph, list and run an auction. We have auction expenses, staff labor expenses, and on line charges to run an auction. We rely upon our auction earnings for our living. If you do not fully intent to honor a bid and make funds available the same day, close of auction, please do not bid. This is your contractual agreement. Bidders who do not honor and pay for bids cost us time, money and expense. We are permitting your participation in this auction based upon your guarantee that you will honor and pay for your bids. Bidders who fail to pay for bid winnings eliminate our opportunity to have sold the item in an auction to a willing buyer.
AUCTION APPROVED BIDDERS: Auctioneer reserves the right to rescind, reject, and or terminate any participants, participation in any auction conducted by Auctioneer, with or without explanation.
AUCTION CONTRACT: By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale in the venue of in the State of Ohio.
AUCTION/AUCTIONEER LICENSES: The principal auctioneer is Richard L. Edwards Auctioneer
AUCTION REGISTRATION: Bidders agree to ensure all registration and billing information is accurate and up to date at the time of registration. All bidders are required to complete registration, including; full name, address, phone, email, signature (hard copy or electronic) and valid and current driver's license number. Those not willing to disclose this information cannot participate in the auction. Auction House will not be held responsible for any delays or losses due to inaccurate or false information provided at the time of registration. Bidders who register and provide inaccurate or incomplete information which involves a credit card on file which cannot be charged for bid winnings on 1st attempt on the day of , or after an auction, loses all rights to purchase the item(s) at the sole option of the auction house.
AUCTION EMPLOYEES: Employees and associates of the auctioneer are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
AUCTIONEER RIGHTS: The auctioneer shall have the right to sell or pass any item at auction without explanation of cause.
BID ACKNOWLEDGEMENT: The auctioneer shall have the right to acknowledge bids, and recognize bidders, in the order as he observes them.
BID CARD: Only the raising of a bid card is accepted as a bid by live auction participants. If you do not raise your bid card and you are missed the bid will go to the bidder who followed instructions on bidding.
BID CARD RESPONSIBILITY: Bid winners are responsible for all winning bids made by the registered bid card number. Bid winners may NOT transfer any portion of their bid winnings to any other bidder, regardless of the other bidder's consent.
BID CARD PAYMENTS: All bids must be paid for in full, prior to removing any item from the auction business property or place of auction. Only one method of payment may be used to pay for auction bid wins. No splitting of payments is permitted.
BIDDER CHARGE BACKS: Bidders agree to pay all costs related to any "charge back" by banks and/or credit card companies, including fees, processing charges, collection cost, attorney and court costs. Any bidder who provides a credit card for charging auction winning bids, and later charges back the charge shall pay the auctioneer a $35.00 charge back administrative and processing fee in addition to the initial amount of the charge, regardless of by check or credit card, regardless of venue. Any person who refuses to pay such charges shall result in a suit for recovery of charges, fees and processing, brought in the State of Ohio . All bidders agree that the sole venue for hearing such cases shall be in Darke Co. Greenville Ohio Court.
BIDDER DEFAULTS: All bid winnings must be paid for by close of auction day or event, or process-able for payment, on or after close of auction day, by means of the credit card placed on file for that purpose with auctionzip.com during registering. Having and maintaining a valid credit card assigned during registration is a specific requirement and term of accepting a registration from all INTERNET bidders. In event a bidder fails to submit or enable payment for a winning bid on or after the date of auction, the bidder shall be in default or the bid terms and agreement. No portion of monies paid for an item shall be refunded in event of bidder default. All bidders agree that funds shall be available on the date of auction, regardless of method or venue by which payment is to be made. Failure to have funds available on a registered credit card the date of auction shall be deemed default. A credit card charge which is declined on 1st attempt shall constitute default. The bidder loses all rights to purchase an item in event of default.
BID DISPUTES: Once the items is declared sold either by auctioneer saying sold or by calling the bid number. Ohio state law requires selling the item to the party on which auctioneer claimed the item sold to.
BIDDER PAYMENT: Our sellers are expecting payment in a timely manner. It is imperative that you have funds available on your credit card the day of auction. Bidder's may lose all rights to purchase any item on which payment does not clear on 1st attempt, regardless of venue or means of attempted payment processing.
BIDDER RISK ACCEPTANCE: Bidder's agree to accept all risk related to purchasing any item at auction and agree to obtain inspections and necessary training in regards to the item ownership or use, exclusive at the bidder's cost. Bidders accept risk of loss or damage to any item which is won at auction, and in such cases the amount due for the item with all applicable charges shall not be diminished based upon item age or condition, and such charges shall remain fully in force. Bidders accept risk of loss or damage to any item left on auction house property, and/or stored by the auction house pending shipment to the winning bidder. Auction Business will take all reasonable precautions to protect items held in storage pending shipments but provides no insurance coverage for that purpose and bidder's agree the auction business stores items completely "at risk" to the bidders and/or winning buyer.
BUYERS PREMIUM: A buyer's premium up to 22% for Remote buyers. Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax. All bidders, regardless of venue by which they bid, are required to pay by close of day on the auction day event, regardless of the actual day the auction business processes credit card charges, and agree to authorize one charge for the item cost, and another charge for shipping charges. If payment is not received and or process-able with funds available on or after close of the auction event day, the auction house has the right to deem the sale "null & void" and a non-paying bidder feedback will be left. We reserve the right to verify funds on personal checks.
CONDITIONS OF SALE: Bidders agree to accept all bid winnings "AS IS", "WHERE IS", without returns, warranty, exchange, refunds and credit.
CORRESPONDENCE: Participant correspondence is time consuming and costly in staff time requirements. All participants agree to direct phone calls to 937-423-2656 ONLY, and e mail to : Rich@edwardsauctions.com ONLY, in corresponding with the auction house. All participants agree to respond to e mail messages sent via auctionzip.com from the auction house within two days of being sent to the participant.
TELEPHONE BIDDERS: All telephone bids must be submitted no less than 24 hours prior to auction. Although best effort is made, Auctioneer cannot guarantee the execution of telephone bids.
TERMS OF SALES: All goods are sold "AS IS" NO WARRANTY: All items are offered at auction as "NO WARRANTY", sold "AS IS" - "WHERE IS", no exceptions whatsoever. There is no warranty of fitness, merchant-ability of suitability for any purpose.BY BIDDING, OR CONSIGNING ITEMS, YOU AFFIRM THAT YOU ARE ENTERING A LEGAL CONTRACT AGREEMENT WITH THE AUCTION BUSINESS AND THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS CONTACT, WITHOUT EXCEPTIONS; Whereas I desire to participate in the auction as either/or a seller or buyer, I agree to the totality of terms as specified herein, and affirm that no verbal statements whatsoever, shall apply to this contract.
