GENERAL ONLINE AUCTION TERMS & CONDITIONS Specific and or Additional Terms For Certain Auctions and lots May Apply! 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. Due to the COVID-19 Pandemic we reserve the right to adjust the end date/time of the auction at any time and pickup time frame to comply with State and Federal laws. Please watch website for any updates. Preview Date/Time:
Preview by appointment with seller. View contact information in lot description. Items location
: Items are located in various locations. • Auction End Date and Time:
Tuesday April 21st 2020 Lots Start Closing 12:00 P.M. Mountain Time • Auction Pick-Up Removal:
By appointment with seller. Rosebud County assets can be picked up April 22, 23, 27, 28, 29 & 30th. 9 a.m.-4 p.m. and 2 p.m. - 5 p.m. at the Madonna Oech Beach, ND location. All other locations make appointment with seller. You will be emailed a link to reserve your time of pickup. If you do not reserve your time of pickup prior to arriving you will be moved to the end of the day for pickup. Stay in your vehicle up arrival at auction site. Have your paid reciept visible from inside your vehicle. Assets in other location will need to make an appointment with seller to pickup. If items need to be left longer than 10 days make arrangements with seller on pickup time lines. ATTENTION; Due to the COVID-19 pandemic and in order to reduce the spread of this virus only 2 buyer's are allowed at pickup at one time. You are asked to maintain a 6 foot distance from all individuals on site. • Preview/Pick-Up directions -
Rosebud County assets can be previewed Monday - Thursday 8-4 p.m. To preview items make appointment with seller. Seller contact information available in lot description. ATTENTION; Due to the COVID-19 pandemic and in order to reduce the spread of this virus only 2 potential buyer's are allowed at preview at one time. You are asked to maintain a 6 foot distance from all individuals on site. • Buyers Premium:
A 10% buyer fee will be added to the final high bid price. Example. If you bid $100 x 10% bp = $110.00 will be the amount you pay. Capped at $2500.00 • Payment: Payment options: Payment must be received within 48 hours from end of auction and before removal of asset or payment will be charged to the credit card on file. Bank wire Transfer , Credit card or Electronic check payment ONLY. ATTENTION; Due to the COVID-19 to reduce the spread of the virus we will be accepting Electronic Check Payments.
Call auction office for bank wire instructions 877-243-6691
. A 3% credit card fee to credit card payments. Click the link on the emailed invoice to view/print invoice. Click the "pay now" button that is visible on the invoice to pay invoice with credit card. ALL SALES TAX LAWS APPLY. Invoices to be emailed one hour after final lot closes Financing: Ag Direct- Powered by farm credit 888.525.9805 Hauling: Nationwide third party trucking information:
All sales are final
- Gary Zumbrum Trucking LLC. 406-852-4652
- Quality Transportation Inc. 1-800-423-0141
. There are no returns, no refunds, no credit card charge-backs or no adjustments. Title:
$25 Title handling fee will be charged to buyer of titled vehicles. Titles to be mailed certified mail no sooner than 14 business days from the date of auction. Although we make every attempt to receive titles prior to auction time on occasion a late or lost title may need to be applied for by seller. In the event that a title is not or can not be recovered the buyer has the option of A) returning the titled item back to the auction location at the buyer's expense and receive a refund from the seller or B) buyer may keep the titled item with no title. Buyer is responsible for any additional costs that the buyer has incurred for said purchase. As a buyer you understand this situation and agree to buying titled vehicles in this manner. ALL OF OUR ONLINE AUCTIONS FEATURE BOTH A MAX BID OPTION AS WELL AS A SOFT CLOSE.
“A MAX BID” may be placed on any item and the computer will bid on your behalf, thus eliminating the need to “babysit” your bids. This option is highly recommended so you do not miss out on the item you are bidding on for any reason. “THE SOFT CLOSE” feature which means any bid received in the final minutes of the auction will auto extend bidding on that particular item or lot by a couple minutes thus allowing a backup bidder the opportunity to raise their bid. In the event you do not use the MAX BID feature and you are out bid you will be notified via e-mail or text that you have been outbid and will have the opportunity to raise your bid. TERMS GENERAL TERMS:
The auction will be conducted by Kinsey Auctioneers & Real Estate, 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. DISCLOSURES/NO WARRANTY: There is no warranty offered, expressed or implied, by Kinsey Auctioneers & Real Estate, LLC or Sellers for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. All information provided is believed to be correct but NO warranty as such is either expressed or implied, including but not limited to the merchantability or fitness for a particular purpose. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended. Auctioneer reserves the right to add or withdraw property from the auction, and/or regroup items. Auctioneer reserves the right to sell property absolute or with reserve, at Sellers discretion. The Seller does have the right to make the final bid and the Auctioneer does have the right to bid on behalf of the Seller. The auctioneer reserves the right to open the bid as the result of a tie bid or discrepancies in the bid. Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. All titles will be assigned to buyer. NO OPEN TITLES. 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. BIDDING: Bidder must register to participate in the auction. Read the descriptions of each lot and view photographs carefully. If you have any questions call 877-243-6691. If you visit the viewing location, please personally inspect the property on which you intend to bid during the date(s) indicated in the details per item when applicable Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold AS-IS this is an AUCTION and all SALES ARE FINAL
. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. Upon sale of property, identifying information and purchase amount will be posted for a designated period of time. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final. BUYERS PREMIUM:
A Buyers premium of 10% will be charged on each purchase Unless otherwise stated. A buyers premium, an advertised percentage of the high bid or flat fee added to the high bid will be added to the high bid and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyers premium. Example if an item is sold for $100.00 + 10% buyers premium = Final bid price $110.00 PAYMENT TERMS: 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 will be made in full by the buyer with the credit card used at registration, check or bank wire transfer. 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. 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. A $50.00/day fee will be charged to credit card at registration for each lot that is not picked up with a max limit of $1500. If buyer does not pick up item within 10 days from date of auction the seller/auctioneer have the right to resell or dispose of item. If buyer does not make payment within the time frame in the terms and conditions buyer will be charged a $1000.00 fee for nonpayment and buyer forfeits purchase. CHOICE OF LAW:
The law of the State of Montana governs this agreement any dispute arising from the terms of this auction shall be brought in a court of Fallon County, Montana. ADDITIONAL NOTE: The following are property specific Terms & Conditions that are posted online with the individual property information and will override any likewise terms stated in this Agreement.
- Buyers Premium - Sale Date and Time (Beginning and Ending) - Inspection Location, Dates, and Times - Final Date of Removal - Shipping Arrangements - Special Notes/Comments/Announcements ONLINE BIDDING INFORMATION If you are participating in an online auction, the following additional terms will apply to the Auction Terms & Conditions set forth above: OBTAINING A USER NAME & PASSWORD: Click on BUYER LOGIN on our Home Page and then CREATE NEW ACCOUNT. Follow the instructions. If you need assistance feel free to contact us at 406-772-5812 BIDDING IN THE ONLINE AUCTION:
Once you are registered and have your User Name & Password, you may place bids as soon as a lot opens for bidding. Your bids are FINAL and constitute a binding contract. Please be aware that lots will close at various times and possibly different days and may be extended. You are responsible for monitoring these close times. Please bid early to avoid disappointment. Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. In the event that their is a nationwide virus causing internet delays Kinsey Auctioneers & Real Estate, LLC. reserves the right to pause the auction and restart auction 24 hours from time of delay. 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. All lots for the on-line auctions shall be paid in full by: • Payment: Payment options:
Credit card or Bank wire transfer only. Electronic check payment may be set up by auction day
. Call auction office for bank wire instructions 877-243-6691
. A 3% credit card fee to credit card payments. Items must be paid within 48 hours or payment will be charged to credit card on file. Click the link on the emailed invoice to view/print invoice. Click the "pay now" button that is visible on the invoice to pay invoice. An invoice will be sent to your registered e-mail address within 24 hours following the conclusion of the auction.
Thank You for participating in this auction