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 Opens: Tuesday, October 5, at 8 AM
Auction Ending: Monday, October 18 at 10:00 AM with a soft close
Auction Pickup: Monday, October 18, from 1:00 PM to 4 PM and Tuesday, October 19, 9:00 AM to 12:00 PM & from 1:00 PM to 4:00 PM
Please bring someone to assist you in loading. Auctioneer will supply No loading assistance.
24 hours of the scheduled settlement. Please note the buyer will also be responsible for a 3.5% credit card transaction fee.
Dan Clark Auction Realty, LLC is not responsible for any loss, damage or injury of any kind or howsoever caused to any person or property on the auction site. Any purchases not settled for by Tuesday, October at 19, at 5 PM CST will automatically be charged to the buyer’s credit card on file. Buyer(s) agree that by registering and bidding they are waiving their right to credit card charge backs.
Abbreviated Information. View Terms & Conditions for Complete Information Regarding Shipping & Pickup
Property to be settled for and picked up on Monday, October 18, or Tuesday, October 19, (1:00 AM to 5:00 PM) or by appointment only unless otherwise stated in lot item descriptions. Payment due prior to pick up, you must have a paid invoice before items will be released. Removal at buyers’ risk & expense. All items must be paid for & removed on scheduled settlement and pick up days NO EXCEPTIONS. Please plan accordingly before bidding. Dan Clark Auction & Realty, LLC is not responsible for any acts or omissions regarding handling, packing or shipping. As a successful bidder, it will be your responsibly to remove all your items by the conclusion of the settlement. Please plan accordingly and bring the necessary assistance and vehicles/trailers required to load and haul your items. All items must be paid in full prior to loading. You will be required to provide a copy of your paid in full receipt before you will be allowed to remove any items from the property.
Dan Clark Auction & Realty, LLC online auctions feature “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 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.
The “Soft Close” feature means any bid received in the final minutes of the auction will automatically extend bidding on that particular item or lot by 2 minutes to allow another bidder the opportunity to raise their 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 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 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!
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 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/username 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 8% 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. Example if an item is sold for $100.00 + 8% buyer’s premium = Final bid price of $108.00 plus sale tax
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: NO shipping or loading assistance will be available for this auction, plan according. 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. 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. 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 USERNAME & 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 Online Auction: Once you are registered and have your Username & 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 online auctions 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.
Dan Clark Auction & Realty, LLC is providing internet pre-auction and live bidding as a service to Bidder. Auctioneer and Seller will not be responsible for technology disruptions, errors or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, breakdown, disruption, or failure of a Bidder’s internet connection, computer, or system, or otherwise.
Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced. Dan Clark Auction & Realty, LLC will not be responsible for any missed bids from any source.
Dan Clark Auction & Realty, LLC reserves the right to revoke any bidding card. Dan Clark Auction & Realty, LLC reserves the right to withdraw or re-catalog items in this auction. Purchaser is responsible for all document and transfer fees. Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. If the reserve is not met, the item will not be considered sold. The seller does reserve the right to make the final bid and the Auctioneer does have the right to bid on behalf of the seller, himself, family members or the public.
Buyer agrees to indemnify and save harmless Dan Clark Auction & Realty, LLC from any claim demand, action or suit for loss, damage or injury to a third party after the time of purchase and before title documents have been delivered to the buyer. Dan Clark Auction & Realty, LLC is not responsible for accidents. Inspection and/or operation of any item by bidder or his agent, servant or employee shall be done at own risk.