Auction Terms & Conditions
All Items Sold As-Is with no warranties expressed or implied
Type: Online-Only Auction
Preview Date/Time: Wednesday March 28th 10AM-12PM
Items are at: Machinery to be previewed at N2325 County Rd A Oxford WI 53952
Pick up and Pay: Friday March 30th 9AM-12PM
Pick up and pay at: N2325 County Rd A Oxford WI 53952
13.5% Buyers Fee
The Valley View Farms Online Only Auction starts ending 6:00 PM 03/29/18 Payment Instructions: We accept Visa, MasterCard and Discover. A 13.5% online buyer's premium will be added to all sales conducted via online auction conducted by United Country Hamele Auction & Realty. There will be a 3.5% discount for all cash or certified check payments (Please notify Auction Company if you plan on wiring money, paying cash or payment by certified check payment arrangements must be made within 24hrs after item is sold otherwise your credit card will be charged). 5.5% Sales Tax Applies to all purchases to all bidders that are not tax exempt. Taxes on any titled item: vehicle, recreational vehicle, trailer, boat, camper or any item having a title that needs to be registered will be charged the county tax rate where the item will be registered.
Pickup Details: Pickup Time to be 3/30/18 9AM-12PM. Buyer is responsible for all loading and hauling of all items, so if you purchase large items or large quantities you will need to bring assistance for loading. All items that are not pickup up prior to 3/30 2PM will not be able to be picked up and buyer still responsible for payment. Shipping Instructions: Buyer will arrange all pickup or shipping with Auction Company, buyer to pay for own pickup or shipping charges. If Buyer wants to have auction company ship items it will be $10 per lot plus UPS Store Charges. Buyer will need to make arrangements with Auction Company. Auction Company will not ship any individual lots over 20lbs pickup is required for lots over 20lbs.
All Items Sold As-Is with no warranties expressed or implied All items sell AS-IS with no warranties or guarantees expressed or implied. We reserve the right to add or delete items prior to sale ending time. Please send any specific questions to our email address or call us for more information. We will be happy to email other pictures to you, if needed and available. All sales final. Any bidders with credit cards that are declined on reconciliation day will be charged a $30 processing fee to run another credit card- NO EXCEPTIONS! On-line Bidding Terms: 1. United Country Hamele Auction & Realty has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All property is sold "AS-IS" and it is the bidder’s responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Absolutely NO refunds will be offered. 2. FOR ONLINE BIDDING: There is a 13.5% Buyer's Premium added to your online auction total purchase. 3. All accounts must be settled at the conclusion of the auction. We accept Visa, MasterCard, Discover ONLY. 3.5% cash discount for all cash or certified check payments. 4. All Shipping will arranged and paid for by buyer. Buyers will be charged $25 per day for all lots left on site after 5 days of auction ending. Also buyer to provide insurance on vehicle if they are left on property. 5. Our on-line auctions move quickly! If you are interested in an item, bid quickly. If you win an item in the auction you will be notified by email the next business day. All items will be charged to the credit card on file unless other arrangements are made PRIOR to online auction start time as listed on only auctions conducted by United Country Hamele Auction& Realty. The invoice you receive on the day after the auction will be used for billing- we will bill the credit card on file. 6. In order to better serve our customers, all bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to insure good communication between United Country Hamele Auction & Realty and the bidder throughout any transactions. 7. The purchaser agrees to pay all reasonable attorney fees and costs incurred by the auction company in the collection of funds. The purchaser also agrees that a fee of 2% per month be added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchaser’s failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Columbia County Wisconsin. 8. The auctioneer has the sole discretion to advance the bidding and may reject a nominal advance, should it in his estimation prove injurious to the auction. The auctioneer shall be the final judge in all bidding disputes and shall name a bidder as the purchaser. 9. The auction company shall not be held responsible for any "missed" bids or bids unseen by the auctioneer. 10. Auctioneer is providing Internet online only bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Auctioneer or anyone else if the Internet service fails to work correctly before or during the live auction. Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the Bidopia feature and leave their maximum bid 24 hours before the auction ending. Auctioneer reserves the right to withdraw or re-catalog items in this auction. All accounts must be settled at the conclusion of the auction. 11. Bidder agrees they have done their due diligence and has asked all questions before they have bid. 12. Bidders who bid from off site and are not present for private scheduled preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determination factor. Auctioneer shall endeavor to describe in detail each item and any pertinent information about it. 13. Auctioneer will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. All Sales are final. 14. By bidding on any item, the bidder shows acceptance of the terms of the auction, and conditions of lots. 15. The auction company reserves the right to refuse service or decline registration to any person. 16. Seller reserves the right to pull or add lots to auction at any time whether or not there are bids on items. 17. If purchased items that are not pickup prior to 4:30PM or arrangements for pick-up have not been made. these items will not be able to be picked up and buyer will still be responsible for payment. 18. All announcements made day of auction take precedence over any and all written, verbal or electronic statements. All online sales for this auction take place at auction location 19.Taxes on any titled item: vehicle, recreational vehicle, trailer, boat, camper or any item having a title that needs to be registered will be charged the county tax rate where the item will be registered. 20. ALL GUN PURCHASES:You must NOT be a felon. You must complete United Country Hamele Auction & Realty gun disclosure form. LONG GUN PURCHASES: you must be 18+ years old. HANDGUN PURCHASES: you must be 21+ years old. OUT OF STATE GUN PURCHASES: there will be a $30.00 charge for MLF plus the shipping charge for each gun purchased.
Your bid must adhere to the bid increment schedule.
Buyer Premium- 13.5% Buyers Fee
5.5% Sales Tax Applies to all purchases to all bidders that are not tax exempt.
Buyer will arrange all pickup or shipping with Auction Company, buyer to pay for own pickup or shipping charges. If Buyer wants to have auction company ship items it will be $5 per lot plus UPS Store Charges. Buyer will need to make arrangements with Auction Company. Auction Company will not ship any individual lots over 20lbs pickup is required for lots over 20lbs.
© 2016 Hamele Auction Service LLC
Pam Van Schoyck
United Country Hamele Auction & Realty
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.