Auction Terms & Conditions - Please Review All Online Terms Prior To Bidding!
$3,000 OR 10% Buyer's Premium, whichever is greater is due by Buyer paid to Ralph Smith Auction Realty LLC as commission fee. Buyer has 24 hours to complete and return the Purchase Agreement along with the Buyer's Premium.
- Ralph Smith Auction Realty LLC assumes no responsibility for incorrect or missing listing information. All information is taken from sources believed to be reliable, but not guaranteed to be accurate. Item listings and descriptions are subject to change, update, or cancellation at any time without notice. All bidders agree that their own decision to bid and the amount they bid has been based solely on their own independent inspections and evaluations of the items and/or property. "ALL SALES ARE FINAL - NO RETURNS/REFUNDS!!"
- All items must sell through the auction process, there will be no pre-sales. This is not a retail purchase and all items/lots are sold as-is, where-is without any warranties whatsoever, where express, implied or statutory. Expressly excluded are warranties of merchantability, fitness for use, purpose, and direction.
- This auction features a one (1) minute soft close with a twenty (20) second stagger time for each lot.
- In the event that there are technical difficulties related to the server, software or other online auction-related technologies, Ralph Smith Auction Realty LLC, reserves the right to extend, continue or close the bidding. Neither the company providing the software nor Ralph Smith Auction Realty LLC shall be held responsible for missed bids or failure of the software to function properly for any reason.
- Ralph Smith Auction Realty LLC reserves the right to cancel this auction, or remove any item/lot from this auction prior to the close of bidding.
-Ralph Smith Auction Realty LLC, reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Bidder assumes all risk of loss or damage to the item at end of auction. Ralph Smith Auction Realty LLC reserves the right to resell any and all personal property that is not paid for in full by the conclusion of the stated pickup dates. In case of such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property.
- Ralph Smith Auction Realty LLC reserves the right to bid on behalf of the Seller and the Buyer.
- Buyer/Bidder agrees to hold harmless and indemnify Ralph Smith Auction Realty LLC and its agents, owners, employees and its representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
- The identity of all bidders will be verified. Ralph Smith Auction Realty LLC reserves the right to reject the bidder's registration if there is any question as to the person's credentials.
- Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local, state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or Auction Company may bid on auction.
- EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
- By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Ralph Smith Auction Realty LLC of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.
- If, for any reason, Ralph Smith Auction Realty LLC is unable to make available any Purchase, or portion thereof, or documentation required in respect to any purchase at time of pickup, the sole liability of Ralph Smith Auction Realty LLC, if any, shall be the return of any paid monies in respect of such purchase upon its return by purchaser.
- By bidding on this property, buyer agrees to all terms and conditions set forth.
PAYMENT
$3,000 OR 10% Buyer's Premium, whichever is greater is due by Buyer paid to Ralph Smith Auction Realty LLC as commission fee, with the remaining balance due at closing.
- The bidder agrees to pay all reasonable attorney fees and other costs incurred by Ralph Smith Auction Realty LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a late fee of two percent (2%) of the outstanding balance per month will be added to any unpaid balance due Ralph Smith Auction Realty LLC. Any dispute will be tried in a court of jurisdiction in Vanderburgh County, Indiana.
Please Note: Descriptions, Acreage, Aerials & Pictures etc.. may be derived from tax assessors records on file or other sources.
Please be sure to conduct your own due diligence to verify all information provided.
Property is sold “As Is, Where Is” with no warranties expressed or implied as to current or future use of property.
Failure of any buyer to inspect or to be fully informed as to the condition of the properties will not constitute grounds for any claim or demand for adjustment or withdrawal of any contract signed by the bidder. A copy of the contract may be reviewed prior to the Auction by contacting the Auctioneer.
Failure to Close by buyer will forfeit any and all earnest / Deposit money as Damages.
Sale is not subject to financing, inspection or any other thing.
No conditions may be added to the agreement by the buyer.
No certifications will be made. Please do your own due diligence on all properties.
PROPERTY INSPECTION: Each potential Bidder is responsible for conducting, at their own risk, their own independent inspections, investigations, inquiries and due diligence concerning the property. Inspection dates Must Be scheduled. Further, Seller disclaims any and all responsibility for Bidder's safety during any physical inspection of the property. No party shall be deemed an invitee of the property by virtue of the offering of the property for sale.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in this listing and all related materials are subject to the terms and conditions outlined in the Purchase Agreement. The property is being 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 contained herein is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or the Auction Company. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. The Seller and Selling Agents reserve the right to preclude any person from bidding if there is any question as to the persons credentials, fitness, etc. All decisions of the Auctioneer are final.
You are admonished to do your own due diligence before bidding or buying.
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