"Emery's Ice Cream" Personal Property Online Only Auction

EXHIBIT A: TERMS & CONDITIONS
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING.
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEMS(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:

General Terms of the Auction: Information is subject to change. All lots are sold as is, where is, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. All sales are final. No credit card charge backs will be allowed. Purchases may be removed upon receipt of payment in full. Buyers assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone. All statements made prior to the sale of any item take precedence over written material and any prior verbal statements. The auction company is not responsible for accidents, thefts, errors or omissions.
1. Catalog: Beckort Auctions, LLC 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. Bidders are encouraged to attend the scheduled inspection.
2. Buyer’s Premium & Sales Tax: There is a 10% buyer’s premium added to your total purchase. Please factor this into your bidding. Sales tax will be collected on the total, if applicable.
3. Registration: 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 assure good communication between Beckort Auctions, LLC and the bidder throughout any transactions. For online bidding, we require you to register with a credit/debit card. The card information is kept confidential and is not automatically charged when you are a successful bidder. Beckort Auctions, LLC reserves the right to preclude any person from bidding if there is any question as to the person’s credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder’s user name is offensive to Beckort Auctions, LLC or in their sole opinion detrimental to Bidding Activity, then Beckort Auctions, LLC reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of website use privileges.
4. Payments: If you are a successful bidder, you will receive an email detailing the date(s) and location where you may pick up your items, or have them shipped. At that time you may choose to pay for your purchase using the credit/debit card we have on file or pay by cash, wire transfer or check. A 5% buyer’s premium is applied to all credit/debit purchases. There is no additional buyer’s premium if purchase is made with cash, wire transfer or check. After the pick-up date(s) if not contacted by the buyer to make shipping arrangements, credit/debit card will be charged. Your credit/debit card will be charged for your purchases, plus buyer’s premiums, any taxes and premium for charge to card. Each transaction necessary to collect insufficient funds will have a $25 fee imposed.
5. Pick-ups: All pick-ups are scheduled in advance. Please see the pick-up time and location in the auction listing on the website. It is the buyer’s responsibility to review their purchases and their condition before removing items from the premises. Items not picked up on the designated date(s) can incur both a moving and/or storage fee. If successful bidder does not attend the scheduled pick-up date and has not previously notified an auction representative of his absence, the credit/debit card used to register will be charged with the additional 5% buyer’s premium. See auction details for specific auction information. It’s your responsibility to review your purchases and their condition.
6. Shipping: Packing and shipping costs are the responsibility of the buyer and will be quoted before shipping. It is the buyer’s decision to insure or not insure purchased items. Our first priority is to deliver your new purchase in excellent condition. If you wish to ship your items as opposed to picking up your items, you must notify David ([email protected]) within 36 hours of receiving your invoice.
7. Missing Items: We document the contents of each package. If we have missed an item in your shipment our documentation will show that. Please notify us within 2 business days of receiving the package if you think something is not included. If our documentation shows it was not packed, we will forward it immediately at our cost. We are not responsible for boxes opened by anyone other than the owner. Please check the entire box and packaging for contents. DO NOT discard the original shipping box and packaging if you think something is missing or damaged.
8. Unpaid Balances: Successful bidder not paying for items within 3 days of the date of the auction will be considered in default. Such default by the successful bidder will result in that bidder’s liability to both the seller and Beckort Auctions. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) seller can resell the items either publicly or privately with Beckort Auctions and in such an event, the buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the seller and Beckort Auctions.
In addition, Beckort Auctions also reserves the right to recover any damages separately from the breach of the buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Beckort Auctions in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Beckort Auctions and any other costs or losses incurred by the buyers failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Harrison County, Indiana at the option of both the seller and Beckort Auctions.
Both the successful bidder and seller shall indemnify Beckort Auctions for and hold harmless Beckort Auctions from any costs, losses, liabilities, or expenses, including attorney fees resulting from Beckort Auctions being named as a party to any legal action resulting from either bidders or sellers failure to fultill any obligations and undertakings as set forth in this contractual agreement.
9. Bidder Verification: Bidding rights are provisional, and if identity verification is questionable, Beckort Auctions has the right to reject the registration, and bidding activity will be terminated. The seller and Beckort Auctions reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder’s user name is offensive to Beckort Auctions or in their sole opinion detrimental to bidding activity, then Beckort Auctions reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the bidder. 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.
10. Maximum Bid: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified.
11. Auction End Times: Beckort Auctions online only auctions are timed events and all bidding will close at specified time. However, our auctions also have what is called an Auto Extend feature. Any bid placed within the final 5 minutes of an auction results in the auction automatically extending 5 additional minutes. The bidding will extend in 5 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 5 minutes. Therefore, the auction will not close until all bidding parties are satisfied and no one can be outbid in the last seconds without having another opportunity to bid again.
12. Technical Issues: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Beckort Auctions, LLC reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software, nor Beckort Auctions, LLC, shall be held responsible for the failure of the software, internet or other technologies to function properly for any reason.
Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Beckort Auctions and the seller and that you, as the bidder, are prepared to purchase items under these terms and conditions.




Revised 02/12/2019
BECKORT AUCTIONS, LLC - 117 E. CHESTNUT STREET - CORYDON, IN 47112 - 812-738-9476 - WWW.BECKORTAUCTIONS.COM