Auction Terms & Conditions
PLEASE READ CAREFULLY AND COMPLETELY
This is an 8% Buyers Fee sale. Successful high bid plus the 8% equals the total price offered.
$5,000 will be required as earnest money upon acceptance of the Sales Contract. Closing within 30-45 days of the sale. Property sells As Is, Where Is, No Contingencies, No Exceptions. Starting bid of $10,000 with $1,000 bid increments per lot.
Seller retains the right to accept, reject or counter any offer. Seller will not accept any offer with inspection contingency-all inspections must be done prior to bidding and prior to any written offers. Sellers retain the right to accept, reject or counter any offer.
ALL AUCTION TERMS & CONDITIONS Apply and Become Part of Any Offer
Bidding Requirements Apply:
Prior to being approved to bid, a letter from your bank or financial institution confirming you have sufficient funds available to you to close the deal is required to be on file at our Unified Jones Auction & Realty office, 818 North Church St, Watertown, WI.
A Bank Letter Confirmation of Funds Availability template is included in the Buyer Information Packet.
Your letter may be faxed to (920) 261-6830; emailed to email@example.com; or mailed or dropped off at our 818 North Church Street, Watertown, WI office during normal business hours 9-5, Monday-Friday.
Please do not hesitate to call us with questions; (920) 261-6820
1. Online Only Sale: Online bidding to start on Friday, June 30 ending Friday, July 21, 2017
when lots start to close @ 3:00 p.m. (Daylight Savings Time)
Approval to bid at this sale is subject to Unified Jones Auction & Realty receiving a letter
from your bank or financial institution confirming you have sufficient funds available to close
the transaction per the Bidding Requirements listed above.
Starting bid is $10,000 with $1,000 bid increments per lot.
Confirmation may be faxed to (920) 261-6830 or emailed to firstname.lastname@example.org
This property sells As Is, Where Is, No Contingencies or Exceptions.
Seller reserves the right to Accept, Reject or Counter offers. All auction terms and conditions
apply and become part of any offer.
2. This is an 8% buyers fee sale. Successful high bid plus buyers fee equals the total price
offered. Successful high bidder is required to pay $5,000 as earnest money upon acceptance
of the Sales Contract. Upon accepted offer, all earnest money becomes non- refundable.
Closing 30-45 days of the end of the sale.
Property sells As Is, Where Is, No Contingencies or Exceptions.
3. Bidding is not contingent on financing. Qualification for financing must be approved prior to
approval for bidding and prior to the sale. You are responsible for cash at closing within
30-45 days of the end of the sale. Possession shall be given at closing.
4. Winning bidder is contractually bound and will enter into a Contract to Purchase
immediately upon being declared the successful bidder by the auctioneer. Upon the close of
the sale the winning bidder will be forwarded via email a Contract to Purchase. A signed
copy of the contract must be returned to Unified Jones Auction & Realty by
end of business or 5:00 P.M. (Daylight Savings Time), Friday, July 21, 2017.
Contract to Purchase may be hand delivered, faxed, or scanned and emailed.
In the event the buyer refuses to sign the Contract to Purchase and tender the earnest
money deposit the auctioneer may resell the property. The original buyer shall be
responsible for any damages and expenses for resale and collection, including reasonable
The only condition under which the earnest money and prepaid closing shall
be refunded is if the seller fails to confirm or accept the bid or is unable to deliver clear title.
If buyer refuses for any reason to close, the earnest money and prepaid fees will be
forfeited. All earnest money, less incurred expenses, will be given to the seller. Upon
acceptance of Contract to Purchase by both parties, earnest money becomes non-refundable.
5. The sale will be subject to existing zoning, ordinances, roads, restrictions of record
and easements of record. Real Estate taxes for the year of closing will be prorated
to the date of closing. Seller will provide and arrange for all title evidence.
All contracts will be prepared by the listing broker to be entered into the date of the
sale. Seller will convey title by warranty deed free and clear of all liens and
encumbrances. Any zoning or use permits, if needed, will be at the buyer’s expense.
Seller reserves the right to accept, reject or counter any offer.
6. Unified Jones Auction & Realty has been contracted as an agent of the seller to offer this
property As Is, Where Is with no warranties to buildings, wells or septic systems.
Requirements to meet DILHRs energy code are the responsibility of the buyer.
7. This information is from sources deemed reliable but no warranty or representation
is made to its accuracy. Any information on this sale is subject to verification and
no liability for errors, omissions or changes are assumed by Unified Jones Auction & Realty
as an agent of the seller or the seller.
8. Under no circumstances shall bidder have any kind of claim against Unified Jones Auction &
Realty as an agent of the seller, seller, or anyone else if the internet service fails to work
9. This property sells As Is, Where Is condition without warranty of any kind, expressed or
implied, No Exceptions Whatsoever. Buyers should verify all information to their
Make all inspections and financing arrangements prior to the end of bidding.
Buyer acknowledges and agrees that Seller has not made and is not making any
representation statement, or warranty to Buyer about the Property, including, but not
limited to, physical aspects and condition of any portion of the Property, including
personal property included in this transaction, if any, condition of soil, feasibility,
desirability, suitability, fitness or adaptability of any part of Property, including personal
property included in this transaction, if any, for any particular use, availability of any utility
service, assessments, fees or charges that may be assessed against the Property, value of
Property or projected income and expenses, or any other matter. Buyer is purchasing
Property in an As Is and Where Is condition and acknowledges that Buyer must rely
solely on Buyers own investigation of Property. All prior negotiations and discussions have
been merged into this Offer to Purchase. Buyer acknowledges and agrees that Buyer has
not and will not rely on any representation or statement made by Seller and waives any and
all claims against Seller or its agents for any misrepresentation, negligence, fraudulent
advertising under section 100.18 of the Wisconsin Statutes, or breach of warranty.
10. All buyers must acknowledge and accept the Terms and Conditions provided at the
time of online registration. Bank Letter of Guarantee/Validation of Funds required
for bidding approval.
11. Buyer acknowledges that Seller has given Buyer adequate time and opportunity to inspect
the Property and Buyer has either already exercised this opportunity to inspect to the
extent that Buyer deems appropriate or knowingly agreed to waive such opportunity.
12. Auctioneer is licensed by the Wisconsin Department of Licensing & Regulation.
13. This property is offered for sale to qualified purchasers without regard to perspective
purchasers race, color, sex, marital status, religion or national origin.
Winning bidder is contractually bound and will enter into Contract to Purchase immediately upon being declared successful bidder by the auctioneer. Upon the close of the sale the winning bidder will be forwarded a Contract to Purchase via email or fax. The signed copy must be returned to Unified Jones Auction & Realty before end of business or 5:00 P.M. (Daylilght Savings Time), Friday, July 21, 2017. The Contract to Purchase may be hand delivered, faxed, or scanned and emailed.
$5,000 as earnest money due upon acceptance of the Sales Contract to be paid with a cashiers check or approved personal check with Bank Letter. Bidding is not contingent upon financing. All financing arrangements must be made prior to the end of the bidding. Upon accepted offer all earnest money becomes nonrefundable.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.