TERMS, CONDITIONS AND DISCLAIMER

1.    ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. 


2.    IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION. 


3.    NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. 


4.    ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER. 



5.    THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES. 



6.    THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER. 



7.    BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS. 



8.    ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER. 



9.    BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED. 


10.   TIME SHALL BE OF THE ESSENCE.

11.    THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER. 



12.   THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS". IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED. 



13.   VENUE & JURSIDICTION OF ALL DISPUTES. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE STATE COURT OF Wayne County, Kentucky.

14.   CHOICE OF LAW: THE LAW OF THE STATE OF Kentucky SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE. 

15. BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER'S PARTICIPATION IN THIS AUCTION. 



16. BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION. 


17. DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE.


18. I AGREE TO RECEIVE EMAILS FROM MARKNET ALLIANCE REGARDING UPCOMING AUCTIONS.

TERMS:

Buyer's Premium: There will be a 10% Buyer’s Premium added to the winning bid. The sum of the winning bid plus the Buyer’s Premium will be the sales price, then a 6% kentucky sales tax will be added to the sales price.

Online Auction Ending Times: Friday Feb. 3rd @ 7:00 PM

Access Realty & Auction, Online Auctions are timed events and all bidding will close at the specified time. Access Realty & Auction, Online Auctions also have an auto-extend feature. If a bid is placed in the final 5 minutes of an auction, the close of the auction will be automatically extended 5 minutes from the time the bid was placed. For example: if an auction scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend to 6:04. The auto-extend feature remains active until no further bids are received within a 5-minute time frame. Please monitor the countdown timer to see when the lot will close.

Staggered Closing: This online auction closes in intervals. Depending on how large (# of lots) an auction is, then we set the auction to close so many lots at a time. If it is a large auction then it will be 75-100 lots at a time. If it is equipment and has 150 lots or less, then we will close the auction approx. 10-25 lots at a time, all in 5-minute intervals. Please monitor the countdown timer to see when the lot will close. Please check the auction announcements for detailed information regarding these intervals. This feature works great with the auto-extend feature to closely emulate a live auction.

All property is sold in “AS IS” and “WHERE IS” condition. ALL SALES ARE FINAL! Bidder understands and agrees that no refunds, exchanges, adjustments, chargebacks, etc., will be allowed. Property is available for inspection at specified times and it is the bidder's responsibility to determine the condition. Bidder's failure to inspect any item or lot will not constitute grounds for any claim, refund, adjustment, chargeback, etc.

All description information has been gathered from sources which we believe to be reliable but is not guaranteed. Auctioneer makes no warranty or guarantee of any kind with respect to condition, authenticity, provenance, source, condition, suitability for a particular purpose, etc. The auctioneer reserves the right to change, modify, delete any item or lot or description in the auction as may be necessary.



Payment, Pickup, Shipping & Storage Terms:

Pickup/Payment Info: Pick up on Saturday, Feb. 4th, from 11:00 AM until 4:00 PM., and on Sunday, Feb. 5th, from 1:00 PM until 4:00 PM. Accepted methods of payment are CASH, cashier's check or personal/business check, Visa, MasterCard, American Express or Discover (with a 3% processing fee (minimum processing fee of $3). All purchases that have not been paid by Sunday Feb. 5th, 2023 at 4:00 PM will automatically be charged to the credit card used at registration, with a 3% processing fee (minimum processing fee of $3). All purchased items must be removed by the deadline of Sunday, Feb. 5th, at 4:00 PM, 2022.  Any items not removed by the deadline will, at Auctioneer's discretion, be discarded or resold with proceeds retained by Auctioneer. There will be NO REFUND to the purchaser for these forfeited items.

Access Realty & Auction DOES NOT provide shipping. Removal of items, moving, packaging, loading, transporting, shipping and shipping preparation are the sole responsibility of the purchaser.


Item Transportation: Access Realty & Auction must be notified via phone (606-348-0140) or (606-307-0111) of any items that cannot be picked up on an Auction Pickup days, if we are NOT notified then your items will be forfeited. Any items transported back to our office is subject to a $5 per lot fee ($1 per coin/jewelry and $1 per lot that will fit into a 12 inch by 12 inches by 6-inch box).

Storage of Personal Property Items: Any item stored at Access Realty office exceeding 48 HOURS will be subject to a $1 per day storage fee.

Forfeiture of Items: Any item/lot that has not been picked up from Access Realty & Auction office within 14 days will, at Auctioneer's discretion, be discarded or resold with proceeds retained by the Auctioneer.



SALES TAX: Kentucky Sales Tax (6%) will be added to the sale price. Dealers or other exempt parties must provide proper documentation to Auctioneer before bidding.

SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Access Realty & Auction reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor ACCESS REALTY & AUCTION SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Access Realty & Auction.

Any dispute between Access Realty & Auction, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Wayne County, Kentucky. By bidding on the property, the buyer agrees to all terms and conditions set forth.

Agency: Access Realty & Auction, Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Access Realty & Auction, and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.

Access Realty & Auction, reserves the right to alter this agreement at any time. This will take place by updating this site. Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time.

Auction company employees and/or auction company may bid on and purchase auction items.

BIDDER DEFAULT: Failure to complete a purchase is illegal and will result in one or more of the following (1) prosecution (2) loss of bidding privileges for Access Realty Auctions and all other MarkNet auctions.

If a bidder at any time feels his/her username, password or bidder number has been compromised due to lack of security by the bidder, notify Auctioneer immediately.

For additional information, contact Access Realty & Auction, Auctioneer at 606-348-0140 or 606-307-0111

TIME IS OF THE ESSENCE in regard to all auction terms.