Auction Terms & Conditions Internet - Only. All Bidding Takes Place Online.
Hello and welcome to the DeVorse Personal Property Auction - Preview begins Thursday, September 5, 2024. Bidding opens Thursday, September 12 , 2024
15% Buyer Premium
Bidding Begins Closing: Sunday, September 29, 2024 at 6 pm.
Preview: Preview appointments are available for Saturday, September 28, 2024 from 2-4 pm. Please contact us for an appointment.
Payment: Payment in person at time of pickup. Cash or Certified Check from Moultrie or Shelby County Bank, no credit cards or personal checks accepted. Certified checks payable to Backroad Auction. For shipping customers, invoices including shipping fees will be sent via Paypal. Items will be shipped upon receipt of payment.
Pick Up: Conducted by appointment on Tuesday, October 1, 2024 from 3-6pm - address will be given to winning bidders.
A cashier will be onsite during scheduled pick up to accept cash or certified cashier check from local Moultrie or Shelby County financial institution. No credit cards or personal checks accepted.
Items will only be released to the registered bidder. If someone other than the registered bidder will pick up items, registered bidder must inform Auctioneer in writing prior to pickup.
Invoices not paid at the end of pick up shall be considered forfeit to Backroad Auction and will be disposed of at discretion of Backroad Auction. Buyer will incur additional charges per NO SHOW conditions listed below in Auction Terms & Conditions.
********************************TERMS & 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 Bidder's unilateral offer to purchase the subject personal property. All active bids therefore constitute an offer to purchase until the Auctioneer declares the property "Sold" and the auction has concluded.
2. Auctioneer reserves the right to reject or rescind any bidder registration or participation or any bid placed at Auctioneer's sole discretion.
3. The winning Bidder agrees to purchase the subject personal property at the price of the winning bid, and upon the terms and conditions hereinafter provided, as well as the costs of any Buyer Premiums and charges associated with disposal for non-picked up items.
4. Within 24 hours of the close of the auction event, the winning Bidder for the property shall receive an e-mail from Auctioneer 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.
5. At said appointed date, time, and location, the winning Bidder shall pay the full purchase price, as well as the costs of any Buyer Premiums for the property by means of cash or certified check.
6. Each Bidder is solely and personally responsible for the safe and timely pick-up and removal of any and all items won at auction. If a Bidder is unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID.
7. 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 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.
8. Buyer's Premium: See auction terms for specific buyer premium information.
9. By registering and bidding, Bidder acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Bidder 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.
10. Time shall be of the essence as to all of Bidder's and Buyer's obligations.
11. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other personal or real 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 personal or real property listing or advertising or promotional/publicity statements and material.
12. Bidder acknowledges that Seller may or may not provide you with the opportunity to preview or inspect the items being offered for online auction. If a preview is available, Seller and Auctioneer strongly encourage you to attend the scheduled inspection for all our online auctions, which will take place on a specific date, time and location. If Bidder chooses not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. Bidders are given an opportunity to inspect the items being offered for sale in this auction, whether in person or digitally and you acknowledge and agree that, by bidding on a given item, Bidders have had a full and fair opportunity to inspect such item, and that Bidder is relying solely on, or that Bidder has waived, such inspection and investigation (a) in determining whether to bid, (b) in determining the amount of a bid, and (c) in bidding. In situations where there is no ability to preview/inspect items you may request additional photos and details.
13. 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 knowledgeable 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, and in no event shall rely on any accuracy of information provided by Auctioneer or Seller.
14. By registering and bidding, the Bidder acknowledges they understand, accept and agree to these Terms and Conditions.
15. Whether a new or returning Bidder, Bidder agrees that if any of the information associated with your Bidder account, including contact information, changes at any time prior to, during, or after this sale, Bidder shall notify the Auctioneer of the change.
16. It is the desire of Auctioneer and Seller for all auction participants to get a good deal and enjoy the online auction experience. However, when you bid on the wrong item or decide an item is not suited for your intended use, neither the Seller or Backroad Auction will assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Seller or Auctioneer.
17. 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 of any website, system, platform, or device which 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.
18. Bidder should refresh browser often to view the most up-to-date bid information, and should carefully review every bid you choose to make before submitting that bid. Auctioneer will not automatically assume that any bid - even a bid that increases your own, lower bid - was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. Bidder understands and agrees that you will be held responsible for having made all bids that are made using Bidder's account, even when such bids are made in error. If Bidder mistakenly increases own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), Bidder must immediately contact the Auctioneer.
19. All aspects of this auction are subject to change without notice. Auctioneer reserves the right to - at any time and in the Auctioneer's sole and absolute discretion - add or remove items from the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, make changes to the auction's closing, inspection, or removal times, reopen the bidding in its sole and absolute discretion, or take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the Buyer's Premium due to the Auctioneer from the seller.
20. Auctioneer's online auctions are designed to mimic traditional "live" actions. For this reason, this auction will have a staggered, dynamic closing. Staggered Closing: This online auction will generally begin to close at a varied rate of items per minute, every minute. Items' closing times will be displayed on the website, but may be extended past their scheduled closing time, as a result of the dynamic closing feature. Dynamic Closing: The closing time of an item is generally extended an additional three minutes whenever a bid is placed within the three minutes leading up to an item's scheduled closing time.
21. Auctioneer offers a cash/certified check payment at scheduled pick up. No credit cards or personal checks are accepted. Bidder understands and agrees that if at the end of this auction Bidder does not appear at pick up and Auctioneer is unable to reach you, Auctioneer may suspend your online bidding privileges indefinitely. Auctioneer may reinstate suspended accounts in the Auctioneer's sole and absolute discretion.
22. Bidder understands and agree that any violation of these Terms and Conditions - and/or any unsafe or illegal activity during any auction-related event - may result in Auctioneer suspending your online bidding privileges indefinitely. Any Bidder's attempt to re-register after having been suspended - whether directly by creating a new account or indirectly by using or directing the use of a third party's account - will constitute a breach of these Terms and Conditions, and may expose the Bidder to civil and criminal liability for fraud. Auctioneer further reserves the right to refund the Bidder and eject any Bidder or agent thereof from any premises or platform if the Bidder becomes disruptive. In the event such an ejection, it will be within the Auctioneer's discretion to refund any amounts paid by the ejected Bidder. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.
23. 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.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
Minimum starting bid amounts may apply
Shipping available on a per item basis
0.00 - 99.00 1.00 USD
99.01 - 198.00 2.00 USD
198.01 - 295.00 5.00 USD
295.01 - 490.00 10.00 USD
490.01 - 1,975.00 25.00 USD
1,975.01 - 9,950.00 50.00 USD
9,950.01 - 9,999,999.99 100.00 USD
