TERMS & CONDITIONS
GENERAL ONLINE AUCTION TERMS AND CONDITIONS VERY IMPORTANT!!!
READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU
WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND CONDITIONS:
Auction Date & Time: 10/6/2018 10:00 AM CST - Ending TBD (Est. 5:00 PM)
Buyer's Premium: 5% of the bid amount plus applicable sales tax on all online bids.
Payment: Winning bid will be paid by guaranteed funds within 24 hours of auction close unless financing arrangements have already been made.
Shipping: We will not be arranging shipping for this specific auction. Any shipping or freight costs will be the full responsibility of the buyer.
Dan Clark Auction & Realty, LLC webcast auctions feature "A Max Bid" option.
"A Max Bid" may be placed on any item and the computer will bid on your behalf, thus eliminating the need to continually watch your bids. This option is highly recommended so you don not miss out on an item you are bidding on. 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.
General Terms: The auction will be conducted by Dan Clark Auction & Realty, 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 assumes 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 Dan Clark Auction & Realty, LLC or Sellers of any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. 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. ALL SALES ARE FINAL!
Photos: All pictures are to be used only as a guide. Pictures may not always display every major nor minor flaw in condition. In order to make the best determination of condition, we encourage you to personally inspect the items by contacting our office at 605-842-3300 and scheduling a buyer's inspection.
Absolute Auction: Auctioneer reserves the right to add or withdraw property from the auction, and/or regroup items. Auctioneer reserves the right to sell property absolute. 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 registered buyer unless notification is received by auctioneer at the end of auction. NO TITLES WILL BE ISSUED UNLESS COMPLETELY FILLED OUT.
Bidder Registration: Bidder must be 18 years of age or older, and is 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 mailings 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 emailing 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, to 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 (605) 842-3300. Should 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 WHERE-IS AND WITH ALL FAULTS" 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 is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of 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's decisions will be final.
Buyer's Premium: A Buyer's Premium of up to 5% will be charged on each purchase unless otherwise stated. A buyer's 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 buyer's premium plus sales tax of 4.5% plus additional city tax if applicable. Example if an item is sold for $100.00 + 5% buyer's premium = bid price with buyer's premium is $105.00 plus sales tax.
Sales Tax: All applicable sales taxes apply to non-titled purchases. South Dakota has a sales tax rate of 4.5% plus additional city tax if applicable. Dealers must provide proper documentation to Auctioneer before bidding.
Payment Terms: Sales tax, when applicable, will be charged on both the purchase price and buyer's premium. Taxes, fees, shipping, handling, insurance, storage and security charges are Buyer's expenses, and will be calculated and rendered due at the sale of the property. Payment will be made in full by the buyer. 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 United States, 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 Buyer's responsibility. Packing and shipping costs are the responsibility of Buyer and can 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.
Choice of Law: The laws of the State of South Dakota govern this agreement. Any dispute arising from the terms of this auction shall be brought in a court of Tripp County, South Dakota.
Additional Terms: 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: buyer's premium, sale date and time (beginning and ending), inspection location, dates, and times, final date of removal, shipping arrangements, and special notes, comments, and 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 (605) 842-3300.
Bidding in the Webcast 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, possibly different days, and may be extended. You are responsible for monitoring these closing 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. 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 auction shall be paid in full by Certified Funds prior to pick up. An invoice will be sent to your registered e-mail address within 24 hours following the conclusion of the auction.