Auction Terms & Conditions "ONLINE ONLY AUCTIONS" TERMS AND CONDITIONS.
ITEMS MUST BE PICKED-UP WEDNESDAY JUNE 29, 2022 OR THURSDAY JUNE 30, 2022 unless Kellie's Estate Sales is advised of shipping request prior.
1. TERMS OF PAYMENT. The purchase is subject to all terms and conditions set forth herein. The purchaser assumes full responsibility thereof. The purchaser further agrees to pay the Total Amount Due within 24 hours after closing of lot. Your credit card will be charged upon the completion of the auction. There are no cash payments at pickup except for vehicles. (Vehicles require cash or certified check made payable to Kellie's Estate Sales at time of pickup.) All items must be paid for in full prior to pick-up. Title to purchased items does not transfer until payment has been made in full and items have been picked up or shipped.
2. ITEM PICKUP. On location sales require pickup on the date stated. No exceptions. If you do not pick up during the stated pickup time, there will be a $25-50 NO-SHOW or LATE PICK-UP FEE! In addition, late pickup will be at the Kellie's Estate Sales location in Okemos. Any item or items not picked up on the specified date, or arranged for, become the property of Kellie's Estate Sales and no refunds will be granted. It you cannot pick up or do not want to pay for shipping, Do Not Bid.
Also note: unless you wish to pay a $1.00 per box fee for the boxes we lotted the auction in, bring your own boxes, packing material, tools and labor. We CAN NOT load your vehicle or truck. Come prepared.
3. PICK UP and SHIPPING: For this auction, we will handle the shipping of most smaller items in-house. For larger items you will need to contact either the FedEx store in Okemos, MI, or a shipper of your choice to arrange for shipping. Your selected shipper MUST schedule a specific time and date that they will arrive to pick up your items. We do not always staff the pickup location during regular business hours. If they fail to arrive at the scheduled time, we will charge the Buyer a $30 fee to reschedule the pickup. The shipper must be able to move, pack, load, and secure your items without assistance from our firm. We can arrange for delivery of items to the FedEx location in Okemos. We are NOT responsible for the cost of their service. Please contact them prior to bidding to confirm their shipping and packing costs. All shipments require insurance and signature confirmation. We do not ship items without insurance coverage for the final invoiced sales price of the item(s) including Buyer's Premium. Items not picked up by the buyer or shipper of their choice within 30 days will become the property of the Auction Company and no refunds will be issued. Kellie's handling fee ranges from $10-$50 depending on the location and size of the item. We are unable to provide shipping estimates. Once we pack items for shipment, the items will not be released until payment is made in full for all charges and fees. Kellie's is not responsible for loss or damage to international shipments. International buyers assume all risk of loss and damage. Not all international services provide tracking or insurance. Buyer beware. All shipping claims must be submitted within 3 BUSINESS DAYS after delivery. This is required by our insurance provider.
4. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions by which items listed by Kellie's Estate Sales 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. Kellie's Estate Sales 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 AND SALES TAX. 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 20% payable by the purchaser. This premium is added to the purchaser's successful bid amount. 6 % MI sales tax, as required by law, will be levied to the combined "Hammer price" and the Buyer's Premium and the three together equal the total sale price. NOTE: for this sale - (Sales conducted from the premise of an estate are exempt from the MI sales tax.)
6. METHOD OF PAYMENT. We accept Visa, MasterCard, Discover, American Express or Wire Transfer (with advance notice). We DO NOT accept PayPal. All invoices will be charged to the credit card on file at the completion of the auction. There are no payments at pickup. We may require some bidders to pay via wire transfer or bank issued check.
7. NON-PAYMENT. Kellie's Estate Sales does not receive payment in full, in good cleared funds, by the end of the stated pickup time, Kellie's Estate Sales 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 $35 initially and $35 per week after, 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 Kellie's Estate Sales finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Kellie's Estate Sales 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 Kellie's Estate Sales deems fit. In addition, a defaulting Buyer will be deemed to have granted Kellie's Estate Sales a security interest in, and Kellie's Estate Sales may retain as collateral security for such Buyer's obligations to Kellie's Estate Sales, any property in Kellie's Estate Sales possession owned by such Buyer.
8. WITHDRAWAL: Kellie's Estate Sales reserves the right to withdraw any property from the auction prior to the completion of the online 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.
10. PROTESTS, DISPUTES AND THE AUCTIONEER. Kellie's Estate Sales reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Company, will be the purchaser. The Company shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Kellie's Estate Sales 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. Kellie's Estate Sales is prevented by fire, theft, or any other reason from delivering any property to the purchaser, our company'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. Cinsure f opinion and not representations or warranties. No employee of Kellie's Estate Sales nor 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.
15. 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. Kellie's Estate Sales may, at its discretion, may or may disclose the amount of reserve. Kellie's Estate Sales may advance bids on items that are subject to reserve on behalf of the Seller.
16. ABANDONED LOTS. Any item that is not paid in full and picked up by the buyer on the stated day will be considered abandoned, unless prior arrangements are made with Kellie's Estate Sales. 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 Kellie's Estate Sales. Disposal fees may be assessed as needed.
17. DISPUTES UNDER THIS CONTRACT. Purchaser and Kellie's Estate Sales. agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, except for the failure of the purchaser to make full payment of the purchaser's obligations to Kellie's Estate Sales. In the event the purchaser fails to make full payment, Kellie's Estate Sales may, but is not required to, proceed directly to court. Furthermore, the purchaser and Kellie's Estate Sales agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Kellie's Estate Sales are required under the terms and conditions of sale to enter 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 Ingham County, State of Michigan, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Kellie's Estate Sales agree that any dispute or claim, in law or equity, resulting from the participation in the online 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 Ingham County, State of Michigan. Any bidder or purchaser agrees that the election of restricting 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 Kellie's Estate Sales 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.
18. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER Kellie's Estate Sales 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. IN NO EVENT SHALL Kellie's Estate Sales BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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