15% BP 7% IN Tax
Preview date & times **FOR LOTS #1 - #44 ONLY** will be on Monday, October 7th from 1:30PM - 3:30 PM at 400 E Walnut Street, Kokomo, IN. 46901. TO PREVIEW LOTS #45 - #54 PLEASE CALL 574-240-1085 or 765-434-8598 TO SCHEDULE AN APPOINTMENT AND FOR LOT ITEM LOCATION.
**Load out / Pick up time **FOR LOTS #1 - #44 & LOTS #51 - #53** will be from 12:30PM – 3:30PM on Monday, October 21st at 400 E Walnut Street, Kokomo, IN. 46901
**Load out / Pick up ** FOR LOTS #45 - #50 & LOT #54** PLEASE CALL 574-240-1085 or 765-434-8598 FOR APPOINTMENT TIME AND ADDRESS AS THEY ARE AT DIFFERENT LOCATION(S) THAN LISTED ABOVE!
Any items left for more than 24 hours past the pickup time will be forfeited and you will not receive a refund.
We are not responsible for damage to any items, or lost items left past the scheduled pickup time.
ONLINE AUCTION TERMS AND CONDITIONS
VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE. BY REGISTERING FOR OUR AUCTIONS, IT’S CONSIDERED AS A CONTRACT AND THE FOLLOWING TERMS APPLY. TERMS AND CONDITIONS CAN CHANGE DEPENDING ON THE CIRCUMSTANCES OF EACH SALE. IT IS VERY IMPORTANT TO REVIEW THE TERMS BEFORE PARTICIPATING IN
Many of our On-Site Auction Locations are transferring to new owners the next day so pick-up times are STRONGLY ENFORCED! Any items not removed in the time frame listed, or loadout times will be subject to a minimum charge of $25 per lot fee for moving cost. Large items and furniture will be subject to a minimum $50 per lot fee. Any items leftover from any of these auctions that have not been picked within 24 hours will be considered abandoned and you will forfeit the items and you will not receive a refund. Any items not paid for or picked up during the scheduled pick-up times will result in your bidding privileges being revoked.
Our staff will be onsite to aid in the loadout process. You are responsible for loading items into your vehicle. Martino Realty & Auctioneers is not responsible for loading items for safe travel. We are not responsible for damage to any items, or lost items left past the scheduled pickup time.
The following fees WILL be charged to the credit card on file when necessary:
* A $10 Credit Card Reprocessing Fee For Any Denied Credit Cards.
*The purchaser will be charged a $25.00 non-removal fee for any lot or partial lot left behind, as well as all disposal costs.
*The buyer will be charged $50/hour if you require our staff to stay past the designated ending time.
*Repeated tardiness and or failure to remove items will result in revocation of bidding privileges on ALL of our bidding platforms.
*BUYERS PREMIUM:
A Buyers premium will be charged on each purchase. A buyer’s premium is an advertised percentage of the high bid or flat fee added to the high bid and becomes part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyer’s premium.
ALL OF OUR ONLINE AUCTION’S FEATURE BOTH A MAX BID OPTION AS WELL AS A SOFT CLOSE.
Sales Tax:
Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. If you are sales tax exempt, you will need to provide us the correct form. ST-105.
Payment:
Buyer specifically waves the right to dispute or deny payment for any purchases made with a credit card. The credit card on file will be charged for your total purchases including any buyer’s premium or stated additional fees after the auction closes. All denied transactions due to expiration date, non-sufficient funds, and or other reasons shall be subject to a $10 re-processing fee. You can update your credit card under "PROFILE" on the website dashboard. Credit card chargebacks are not allowed. You as the buyer are responsible for keeping your credit card on file and up to date. A paid invoice will be sent to your registered e-mail address within 12 hours following the conclusion of the auction. If you do not receive an invoice, please check the dashboard under "PROFILE"-"INVOICES"
**Large ticket purchases over $1,000.00 or titled vehicles**, MUST be settled for with CASH, wire transfer or previous arrangements made with the Auction Company.
No item will be released or transferred until payment has posted to our account.
Use of Martino’s Photos and Descriptions:
All photos, and descriptions are property of Christy’s of Indiana Inc. Any use of the photos, and/or description listed on christys.com and/or bid.christys.com are prohibited. Martino Realty & Auctioneers does not give any permission to use any of their photos, and/or description on any other site.
Bid Retractions:
Martino Realty & Auctioneers does not allow any bid retractions of any kind. In the event you as a bidder enter the wrong max bid amount, we will be able to adjust your max bid to the current high bid online. You as the buyer will remain the current high bidder. This is at the discretion of Martino Realty & auctioneers ONLY and will only be considered if the actual bid placed was determined (by Martino’s) to be in error.
Basic Auction Terms & Conditions
Martino Realty & Auctioneers retains the right to govern goods and services sold to clients and to maintain the level and integrity of our business. Martino Realty & Auctioneers has the right to terminate the auction at any time; withdrawal from sale of any item; to sell at this auction items not listed; to group one of more lots into one or more selling lots or to subdivide into two lots or more selling lots. The auction company also reserves the right to sell all of the items listed in bulk.
No Liability:
a) Martino Realty & Auctioneers assumes no liability for your purchases. The buyer assumes and does agree to indemnify and hold the auction company and seller harmless from any future claim that shall pertain to fitness or use of the asset being purchased. b) Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability therefore. Neither the Auction Company nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. Any debt collection or dispute proceedings will be required to be litigated, arbitrated, or mediated in Howard County, Indiana.
Consignors & Bidders:
a) All consignors must fill out a contract with Martino Realty & Auctioneers, sign forms and abide by our terms listed. b) All bidders must register for bidder's numbers using proper ID or proper information. c) No consignor, seller, or agent for seller has the right to bid on their consigned goods. d) Any employee of Martino Realty & Auctioneers may bid at any auction if they wish to purchase an item. e) All items become the sole responsibility of the purchaser when the auctioneer confirms your bid as the successful winner. We are not responsible for lost or stolen items.
Loss of Bidding Privileges:
a) If you have failed to pay for an item, or failed to timely pick-up items, your bidding privileges will be revoked. Your privileges may be restored by paying for the item or repaying for the loss of the revenue due to the items not having been sold and by placing a credit card on permanent file whereby future purchases will automatically be charged. You will only be given this chance one time. Repeated tardiness, or nonpayment will result in permanent denied bidding privileges.
Delinquent Accounts:
a) The bidder that has not paid for or has not removed their items from the auction site, will be subject to the cost of storage, trucking, re-sale, deficiency balances, collection fees, and any legal fees for recouping a loss due to the bidder's negligence. Any unpaid invoices must be paid within 24 hours of the auction closing. After the 24-hour period your bidding privileges will be revoked permanently.
Reserves:
a) Any and all items that Martino Realty & Auctioneers agrees to sell are subject to a reserve as per Indiana State Auction Law.
Documents:
a) All documents must be completed in full by buyers and sellers. For Example: Death Certificates, Letters of Authority, Creditor Leins, and UCC's when purchasing vehicles, firearms, etc. b) All gun buyers will be required to fill out a 4473 form and pass a background check. Out of state buyers will be required to have any and all guns shipped to an FFL (Federal Firearms License) Dealer.
Compliance with the Terms of Sale:
a) In default of payment of bills in full within the time announced for this auction the Auction Company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. b) Martino Realty & Auctioneers is in complete accordance with Indiana statutes and Indiana Administrative codes, Title 25, Title 812, Department of Revenue Tax Bulletin #20, and Reference IC 6-2-4. Warranties: a)
Everything is sold “AS IS/WHERE IS” with no warranties, representation or guarantees expressed, implied or otherwise given. All sales are final.
Conditions of Items Sold:
a) All information is believed to be accurate, but the auction company shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse.
Martino Realty & Auctioneers requires any and all buyers to preview and make your own opinion of conditions.
BIDDER REGISTRATION:
Bidders must be 18 years of age or older, and are required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number-ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.
ONLINE BIDDING INFORMATION
Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you regarding bid confirmations and or outbid notifications.
Thank You for participating in this auction.
