Auction Terms & Conditions Auction Terms & Conditions "ONLINE ONLY AUCTIONS" TERMS AND CONDITIONS NOTE: ITEMS MUST BE PICKED UP BY THE END OF THE STATED PICKUP TIMES!!!
GENERAL TERMS: The auction will be conducted by Johnson Auctioneers, LLC on behalf of the owners of the property, referred to as the Seller. Auctioneer is not responsible for the acts or representations of Seller. The auction shall be governed by the terms set forth herein (the agreement), and any additional terms and conditions that are posted concerning the specific property. The Agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and Seller/Auctioneer. The term Bidder or Buyer shall include, but not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties. Auctioneer reserves the right to periodically change the terms and conditions of the Agreement, which shall be effective immediately upon posting. It is the Bidders responsibility to review any and all changes made to these terms and conditions prior to bidding on property. The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement. All persons attending, inspecting or removing property assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer from all liability. Auctioneer is not liable by reason of any defect in, or condition of, the property or the premises on which the preview/sale is held. Auctioneer is released for any claims to actual damage to the property sold and/or consequential damages that may result from the sale of defective property.
Please contact us at 513-403-6734 with any questions.
1. BIDDER REGISTRATION: Bidder 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. In order to BID a valid credit card shall be required upon registration-Please call Johnson Auctioneers, LLC at 513-403-6734. Your credit card will only be charged for the purchase if you fail to contact our office 72 hours following the auction with payment information. Acceptable forms of payment include Cash, or wire transfer. In the event you wish to use a credit card a 3% service fee will be charged in addition to the buyer's premium
2. TERMS OF PAYMENT. Tractors will not be released until full payment has cleared. The purchase is subject to all terms and conditions set forth herein. Online successful bidders-- Cash is preferred however out of state checks shall require a bank letter of credit no later than 2 (two) business days PRIOR to pick up or a wire transfer as well as State issued ID. We DO NOT accept PayPal. Full payment including the 13% buyer's premium will be due at pick-up before any items are released unless other arrangements are made with Auction Company prior to close of the auction. The purchaser assumes full responsibility thereof.
3. No exceptions. If you do not pick up at the stated time there will be a $300 LATE PICK-UP FEE! If not picked up within 14 days, it becomes the property of Johnson Auctioneers, LLC and no refund will be granted. If you wish to have your items shipped at your expense, please contact us prior to the day of pickup to arrange for payment and to provide HOW you are shipping. All shipments require insurance.
4. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions by which items listed by Johnson Auctioneers, LLC will be sold. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
5. BUYER'S PREMIUM. All bid prices "hammer prices" ("hammer prices" means the price at which a lot is knocked down to the purchaser) will be subject to a buyer's premium of 13% payable by the purchaser. This premium is added to the purchaser's successful bid amount.
6. PAYMENT TERMS/METHOD OF PAYMENT. We accept Visa, MasterCard, Discover, American Express or Wire Transfer (with advance notice). We DO NOT accept PayPal. Sales tax, when applicable, will be charged on both the purchase price and buyers premium. Taxes, fees, shipping, handling, insurance, storage and security charges are Buyers expenses, and will be calculated and rendered due at the sale of the property. Payment must be made in full by the Buyer, immediately upon the completion of the auction by VISA, MasterCard, Discover, American Express, Cash, Wire Transfer, Certified Check, Cashiers Check, or Personal/Company Check with Irrevocable Bank Letter of Guarantee. Upon making payment for property, no stop payment of funds will be honored, Any stop payment order of a check, or giving a check which is returned marked insufficient funds, shall be deemed by the parties to be a prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. If you are from another country other than the US, you must pay in US funds.
7. NON-PAYMENT. If Johnson Auctioneers, LLC does not receive payment in full, in good cleared funds, by the end of the stated pickup time, Johnson Auctioneers, LLC reserves the right to exercise one or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of $300 per week, whole or partial (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Johnson Auctioneers, LLC finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Johnson Auctioneers, LLC's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Johnson Auctioneers, LLC deems fit. In addition, a defaulting Buyer will be deemed to have granted Johnson Auctioneers, LLC a security interest in, and Johnson Auctioneers, LLC may retain as collateral security for such Buyer's obligations to Johnson Auctioneers, LLC, any property in Johnson Auctioneers, LLC's possession owned by such Buyer.
8. WITHDRAWAL. Johnson Auctioneers, LLC reserves the right to withdraw any property from the auction prior to the completion of the auction sale.
9. TECHNOLOGY ISSUES. If after a lot has closed there is determined to have been a software malfunction or internet service problem, we may reopen the lot for further bidding. However, if there are no internet outages, service interruptions, or computer software issues, only then will we consider "closed" to mean "sold". Auction Company will invoice the winning bidder as notification to confirm the lot is sold.
9a. If you are participating in an online auction, the following additional terms will apply to the Auction Terms & Conditions set forth above:
9b. 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 in regard to bid confirmations and/or outbid notifications
10. PROTESTS, DISPUTES AND THE AUCTIONEER. Johnson Auctioneers, LLC reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Johnson Auctioneers, LLC records will be deemed conclusive in all respects in the event there is any dispute after the sale.
11. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Johnson Auctioneers, LLC is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event include any additional incidental or consequential damages.
12. CATALOG AND OTHER DESCRIPTIONS. All statements by Johnson Auctioneers, LLC in the catalog for the property or in the condition reports, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Johnson Auctioneers, LLC attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Johnson Auctioneers, LLC nor the Seller are responsible for any errors and omissions in the catalog or any supplemental material.
13. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which you have an interest. By placing a bid, you signify that you have examined, or otherwise insured your own satisfaction with the lot as fully as you desire; or that you have chosen not to examine, or otherwise insure your satisfaction. If you require absolute certainty in all areas of authenticity, condition, etc., and the results of your examination and/or other investigation leave uncertainty in your mind, Johnson Auctioneers, LLC recommends you have an independent expert examine the lot for you.
14. REMOVAL OF PROPERTY / SHIPPING TERMS: Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. Property will not be removed from sale premises until payment in full has been received. Any and all methods of lifting, towing, and/or hauling are the Buyers responsibility. Packing and shipping costs are the responsibility of Buyer and shall be conducted by a third party of choice. The final day of removal will be posted with property information. Any and all property not removed by Buyer by the final day of removal will revert back to the Auctioneer/ Seller, and may be resold at auction or disposed of in any other manner that seems to be suitable.
15. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Johnson Auctioneers, LLC. does not guarantee or make warranties, written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Johnson Auctioneers, LLC acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements regarding condition are opinions, not statements of fact or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Johnson Auctioneers, LLC or any person purporting to act on their behalf is authorized to make any representation or warranty, oral or written, with respect to any lot or item for sale.
16. RESERVE. Some lots may be offered subject to a reserve, which is a minimum price below which the auctioneer is not obligated to sell the lot. Johnson Auctioneers, LLC may, at its discretion, disclose the amount of reserve. Johnson Auctioneers, LLC may advance bids on items that are subject to reserve on behalf of the Seller.
17. ABANDONED LOTS. Any item that is not paid in full and picked up by the buyer within the stated number of days will be considered abandoned, unless prior arrangements are made with Johnson Auctioneers, LLC. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Johnson Auctioneers, LLC. Disposal fees may be assessed as needed.
18. DISPUTES UNDER THIS CONTRACT. Purchaser and Johnson Auctioneers, LLC agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Johnson Auctioneers, LLC. In the event the purchaser fails to make full payment, Johnson Auctioneers, LLC may, but is not required to, proceed directly to court. Furthermore, the purchaser and Johnson Auctioneers, LLC agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Johnson Auctioneers, LLC are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. If a party commences legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Dearborn County, State of Indiana, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Johnson Auctioneers, LLC agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Dearborn County, State Of Indiana. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with Johnson Auctioneers, LLC and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
19. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER Johnson Auctioneers, LLC OR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY Johnson Auctioneers, LLC. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL Johnson Auctioneers, LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Seller User Terms
Bidder User Terms