ADDITIONAL TERMS & CONDITIONS OF SALE
All persons bidding or otherwise attending auction ("Bidders") acknowledge the
following terms and conditions ("Terms and Conditions") and agree to be bound by
them.
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Bidding. Bidding is open to the public without regard to race, color, sex,
religion, or national origin. All bidders are required to have a bidder's
number to bid. To obtain a bidder's number, a registration form must be
filled out including full name, address, phone number, and other
information.
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Bidding Procedures: (1) Method, order of sale, and bidding increments shall
be at the sole discretion of the auctioneer. (2) The auctioneer reserves the
right to delete or add items at its discretion. (3) Martin Jurisch & Assoc.
Auctioneers/Realtors may act to protect the interest of buyers and sellers
as an agent, by bidding through the auctioneer even though this rarely shall
ever occur. (4) The auctioneer may open bidding on any item by placing a bid
as an agent for any buyer or seller. (5) The auctioneer may continue to bid
as an agent for a buyer or seller, either by placing consecutive bids or by
placing bids in response to other bidders.
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Auctioneer Authority. Announcements (both verbal and written) made on the
day of the auction will take precedence over all printed material or oral
statements made. The auctioneer has the authority, at his sole and absolute
discretion, to deviate from, change, alter, or modify, the bidding
procedures and conduct of the auction, at any time, including after
commencement of the auction.
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Bid Execution. Bids which are submitted to Martin Jurisch & Assoc. in
writing, through the Internet, or otherwise placed with Martin Jurisch &
Assoc. prior to or during an auction for execution at or below a specified
price shall be entertained and executed by Martin Jurisch & Assoc. for the
convenience of bidders. Martin Jurisch & Assoc. shall not be responsible for
failing to execute such bids or for errors relating to the execution or such
bids. Auctioneer is not responsible for a bidder's inability to place any
bid, internet or otherwise for this auction for any reason. In the event of
technology issues with Internet sales, or for other reasons, the Auctioneer
reserves the right to reopen or extend Internet bidding as it deems
necessary and appropriate.
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Purchaser Defined. The highest bidder whose bid is accepted by Martin
Jurisch & Assoc. Auctioneers/Realtors ("Martin Jurisch & Assoc." or
"Auctioneer"), is the Purchaser ("Purchaser"). The "Final Bid" shall be the
Purchaser's bid as accepted by the Auctioneer, and all items are "Purchased"
when the Purchase Price is accepted.
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Buyer's Premium. The Buyer's Premium, if any, shall be paid by the Purchaser
and will be added to the Final Bid on the item to determine the "Purchase
Price". If there is no Buyer's Premium, the Final Bid is the Purchase Price.
See Section "Buyer's Premium" in the Sale Information portion.
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ALL SALES ARE FINAL. All bidders are responsible to determine the age,
description, condition, and authenticity of all Purchased items. Each item
is auctioned "AS IS, WHERE IS, with all faults" in its condition at the time
of sale, without any warranties or guarantees, either expressed or implied,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, POSSESSION, QUIET
ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, and without
recourse by way of refund, reduction of the Purchase Price, or otherwise. No
purchase will be set aside, nor will Auctioneer be liable, for incorrectness
in description, misnomer, errors in cataloging, imperfection, or mislabeling
of any item.
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Catalog. The listing catalog has been prepared only as a guide based on
information from sources believed to be reliable, but the accuracy thereof
cannot be guaranteed or warranted by Martin Jurisch & Assoc. Hours and miles
which are stated in the catalog descriptions as "showing" are read on the
meters and odometers, or as provided by owner, with no guarantee of
accuracy. "Actual" hours and miles are guaranteed to be accurate. All
announcements from the auction stand on auction day, to the extent that they
are different from prior printed material take precedence. Any information
provided by Martin Jurisch & Assoc. or its representatives, verbal or
otherwise, is not guaranteed, to include, but not limited to country of
origin or manufacturer. Purchaser acknowledges that all items were available
for inspection prior to the auction and that Purchaser relies on his own
inspection of the items and not the information listed in the catalog or
otherwise provided by Martin Jurisch & Assoc.
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Disputes. Should a dispute arise between two or more bidders, the Auctioneer
may re-open the bidding between the high bidders until the property is
purchased. Should the Auctioneer and a bid assistant (bid spotter/ringman)
simultaneously recognize conflicting bidders, even if the Auctioneer has
announced the item as "sold," the Auctioneer may re-open the bidding between
the high bidders until the property is purchased. The Auctioneer will
determine the purchaser and his decision shall be final and absolute.
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Risk of Loss. Upon the fall of the hammer, or when the Auctioneer says
"sold," or when the internet auction closes, risk of loss shall pass to the
Purchaser. Martin Jurisch & Assoc. accepts no responsibility for any loss or
damage to any Purchased item once the hammer falls. It shall be the
responsibility of the Purchaser to insure all Purchased items immediately.
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Sales Tax. Sales or Use Taxes will be added to the Purchase Price of all
taxable Purchased items. A current sales tax exemption certificate including
sales tax exemption number must be presented to avoid paying sales tax.
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Payment. All buyers must abide by the "payment terms" set forth for this
sale. See "Sale Information" for details. Martin Jurisch & Assoc. may refuse
to allow removal of Purchased items and all property of Purchaser consigned
for auction with Martin Jurisch & Assoc. until the Purchaser pays all
amounts due and owing Martin Jurisch & Assoc.
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Removal and Storage/Handling Fees. Purchasers must pay in full for all items
purchased prior to removing any item(s). Purchasers must remove all
purchased items from the auction site within the time allotted for removal.
See "Sale Information" for details. Purchaser takes full responsibility for
the removal of purchased items and holds harmless and indemnifies the
consignor and auctioneer for any damage or injury in the removal or
dismantling process. Martin Jurisch & Assoc. reserves the right to require
proof of insurance coverage on any item, person or company. If for any
reason Purchaser fails to remove any items from the auction site in
accordance with this paragraph, including Purchaser's failure to make full
and complete payment of all sums due and owing to Martin Jurisch & Assoc.
Unless previous arrangements have been made, Purchaser agrees to pay Martin
Jurisch & Assoc. a storage fee of ten dollars ($10.00) per item, per day,
and reasonable handling, transportation, maintenance, security and insurance
fees and /or costs. Martin Jurisch & Assoc. may store any such un-removed
item(s), and refuse to allow its removal, until payment of all storage,
reasonable handling, transportation, maintenance, security and insurance
fees and/or costs are paid in full.
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Default by Purchaser. In the event Purchaser fails to pay the full Purchase
Price of any Purchased items as per these Terms and Conditions, or other
amounts due Martin Jurisch & Assoc., Purchaser agrees to pay Martin Jurisch
& Assoc. a storage fee of ten dollars ($10.00) per day, per item left at the
auction site, and all storage, reasonable handling, transportation,
maintenance, security and insurance fees and/or sales costs. Additionally,
Purchaser agrees to grant Martin Jurisch & Assoc. a lien on all purchased
items and all property of Purchaser consigned for auction with Martin
Jurisch & Assoc., and the proceeds of the sale of such property, until all
the Purchase Price and all other sums due Martin Jurisch & Assoc. are paid
in full. Martin Jurisch & Assoc. lien shall include the Purchase Price, all
sales and use taxes paid by Martin Jurisch & Assoc., buyer's premiums (if
any), storage, reasonable handling, transportation, maintenance, security
and insurance fees and/or costs and other amounts due Martin Jurisch &
Assoc. from Purchaser. In addition, Martin Jurisch & Assoc., at its sole
discretion, shall have the right to resell such items by public or private
sale at a commission rate of Twenty-five (25%) Percent. Purchaser grants
Martin Jurisch & Assoc. the right to withhold from the proceeds of such
resale any and all sums due Martin Jurisch & Assoc. Martin Jurisch & Assoc.
exercise of its right to resell any items in accordance with this paragraph,
shall not prevent Martin Jurisch & Assoc. from recovering the Purchase Price
or any other amount due Martin Jurisch & Assoc. from the Purchaser.
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Abandoned Property. Martin Jurisch & Assoc. may deem abandoned any item left
at the auction site after the time provided for removal. In addition, Martin
Jurisch & Assoc., at its sole discretion, shall have the right to resell
such items by public or private sale at a commission rate of Twenty-five
(25%) Percent. Purchaser grants Martin Jurisch & Assoc. the right to
withhold from the proceeds of such resale any and all sums due Martin
Jurisch & Assoc. Any sum remaining after full and complete payment of all
amounts due and owing to Martin Jurisch & Assoc. shall be provided to the
Purchaser. Martin Jurisch & Assoc. exercise of its right to sell any items
in accordance with this paragraph, shall not prevent Martin Jurisch & Assoc.
from recovering the Purchase Price or any other amount due Martin Jurisch &
Assoc. from the Purchaser. Redemption of any abandoned goods will be allowed
after complete payment of the Purchase Price and all other amounts due and
owing to Martin Jurisch & Assoc.
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Titles. All title documents will be available to Purchaser upon complete and
final payment of all sums due Martin Jurisch & Assoc. within ten (10)
business days of such payment unless sold title delay. Items sold title
delay shall remain at the auction site until title documents are available
unless Purchaser signs a waiver. Purchaser shall not alter any purchased
item prior to receipt of title. If merchantable title or documents necessary
to secure merchantable title are unavailable, Purchaser shall return the
item to the auction site in the identical condition as at the time of
purchase upon which Martin Jurisch & Assoc. shall refund the Purchase Price.
Martin Jurisch & Assoc. shall not be liable for any other amount, any
improvements or repairs, or for any consequential or incidental damages
incurred by the Purchaser. A $25.00 title fee will be charged to the
Purchaser for each title.
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Loading/Unloading of Equipment. All items are sold "AS IS, WHERE IS". Martin
Jurisch & Assoc. does not provide operators for the loading or unloading of
any vehicles or equipment under any circumstances. This is the sole
responsibility of the Purchaser.
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Withdrawn Property. Martin Jurisch & Assoc. reserves the right to withdraw
any individual items or to cancel the sale of any items or offer any items
in lots of groups. Martin Jurisch & Assoc. reserves the right to cancel the
entire auction without notice or liability to Martin Jurisch & Assoc.
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Unauthorized Conduct. Martin Jurisch & Assoc. reserves the right to refuse
any bidder registration privileges at any auction and/or refuse access to,
or remove any person from the auction site for any reason including, but not
limited to: 1) tampering with equipment, 2) collusive bidding, 3) stealing,
4) failure to abide by these Terms and Conditions, 5) intoxication, (6)
inappropriate behavior. All Bidders acknowledge Martin Jurisch & Assoc.
right to refuse access and to remove Bidders for such conduct and agree to
leave the auction site upon request by Martin Jurisch & Assoc.
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Enter at your Own Risk. Bidders acknowledge that an auction site is
potentially dangerous and Bidders shall so advise their agents and
employees. Bidders enter the auction site at their own risk/and expressly
agree to indemnify and hold Martin Jurisch & Assoc. harmless for any
personal injury or property damage which may occur while at the auction
site. NO CHILDREN under the age of 16 shall be permitted at the auction
site. NO EXCEPTIONS!
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"Buy Backs". The owner of any item being sold may not bid on that item.
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Notice. Except for announcements made pursuant to paragraph 3 of these Terms
and Conditions, these Terms and Conditions may not be amended in any way,
except by a signed, written agreement between Martin Jurisch & Assoc. and
the Purchaser.
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Arbitration. Bidders agree that any controversy or claim arising out of or
relating to these Terms and Conditions shall be settled by arbitration in
Rapid City, South Dakota, administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Bidders agree that Martin Jurisch & Assoc.
shall be entitled to its reasonable attorneys' fees (25% of any amount
awarded to Martin Jurisch & Assoc.) incurred in any arbitration or action to
enforce or otherwise related to these Terms and Conditions.
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SHERMAN ANTITRUST ACT. Title 15, Section 1 of the United States Code
specifically prohibits any agreements that restrain trade and commerce and
declares them to be illegal and a federal felony. The law provides: 'Every
contract, combination in the form of trust or otherwise, or conspiracy, in
restraint of trade or commerce among the several States, or with foreign
nations, is declared to be illegal. Every person who shall make any contract
or engage in any combination or conspiracy hereby declared to be illegal
shall be deemed guilty of a felony, and, on conviction thereof, shall be
punished by fine not exceeding $10,000,000 if a corporation, or, if any
other person, $350,000, or by imprisonment not exceeding three years, or by
both said punishments, in the discretion of the court.' Any agreement among
potential bidders at this auction not to bid against one another, or
otherwise to dampen the bidding process, is illegal and will be immediately
reported by Martin Jurisch & Assoc. to the United States Attorney and the
Department of Justice for investigation and prosecution. This is a very
serious matter and we want you to view it as such and conduct yourselves
accordingly.
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Claims: No claims will be allowed after removal of goods from premises or
left on premises past removal deadline.
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Responsibility for Non-Delivery: Neither the auctioneer nor the seller, in
any event, shall be liable for non-delivery or for any other matter or
thing, to any purchaser of any lot, other than for the return to the
purchaser of the deposit or sum paid on said specific lot, should the
purchaser be entitled thereto.
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Acceptance. Bidding on any items or otherwise attending the auction
indicates acceptance of these Terms and Conditions.