TERMS & CONDITIONS: PLEASE READ FOR IMPORTANT AUCTION INFORMATION
BearCreek Estate & Auction Services
Deanna Martin, Auctioneer, NCAL #9743
Please take the time to read the following set of terms and conditions for the online auction. If you intend to register the following items will pertain to you.
1. AGENT: Bear Creek Estate & Auction Services and all staff (Auctioneer/Company) is acting as agent of the Seller and at no time acting on behalf of the Buyer. The Auctioneer reserves the right to bid on items on behalf of the Seller as permissible by the Uniform Commercial Code.
2. AUCTIONEER’S DISCRETION: BearCreek Estate & Auction Services has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of BearCreek Estate & Auction Services or the Seller.
3. SERVER & SOFTWARE TECHNICAL ISSUES. In the event there are technical difficulties related to the server, software or any other online auction-related technologies, BearCreek Estate & Auction Services and the Seller reserve the right to reopen auction, extend bidding, continue bidding or close the bidding. Neither the company providing the software/bidding platform services, BearCreek Estate & Auction Services or the Seller shall be held responsible for a missed bid, erroneous notification of bids won, nor the failure of the software to function properly for any reason. BearCreek Estate & Auction Services will send email notifications to registered Bidders with updated information as deemed necessary.
4. BIDDERS: All bidders must be 18 years of age or older and registered to participate in the auction. Bidders agree to keep their username and password confidential, as they are responsible for any and all activity involving their account.
5. REGISTRATION: Please provide Name, Address, Phone and Email address.
6. PROPERTY CONDITION: All items in this on-line auction are being sold AS IS, WHERE IS without warranty, expressed or implied. BearCreek Estate & Auction Services has attempted to provide accurate descriptions; however, it is the Bidder’s responsibility to determine if an item is acceptable in its current form. Descriptions of the item(s) are believed to be correct, have been provided in good faith and are matters of opinion, but are not guaranteed. We provide multiple views in pictures and note any defects we find. ALL SALES ARE FINAL, NO RETURNS/REFUNDS.
7. OUTBID NOTIFICATION: During the auction process, there is a chance that you will be out bid. At that time, you will receive an outbid notification. The bidding software will notify bidders when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections and speed, sometimes email notifications can be delayed. We are not responsible for failure of any part of the bidding process or internet bidding.
8. AUCTION ENDING: BearCreek Estate & Auction Services Online Auctions are timed events, and all bidding will close at a specified time. Online auctions have an auto-extend feature. Any bid placed in the final closing seconds will automatically extend 30 seconds to the time the bid was placed. The auto extend feature will continue until there are no additional bids being placed.
9. POSSESSION: Bidder is solely responsible for items purchased immediately following your winning bid, and for the safe and timely pickup of all items you win during the auction. Auction staff is not available to help with moving, dismantling or loading items. Please bring your own moving equipment and help.
10. CHECKOUT AND PICKUP: Any items not picked up by the winning Bidder, or their preferred shipper they have hired and scheduled, after the last scheduled day of check out, will be considered forfeited and abandoned and will be put back up for sale. Anyone entering the pick-up site is doing so at their own risk. The sellers nor Auction Company/Staff assume any responsibility for your safety during the removal period. Buyers are responsible for dismantling, packing and loading their purchases. Auction Staff is not available to help.
11. PAYMENT, FEES and TAXES: All items must be paid for in full prior to removing from pickup site. We accept cash, Cash App, Venmo, bank transfer, credit and debit cards (a 3% convenience fee will be charged for credit/debit card transactions). Sorry, no checks (no exceptions).
• Buyer’s Premium: There will be a Ten percent (10%) Buyer’s Premium added to the final accepted bid price to determine the final contract purchase price.
12. LEGAL INTERPRETATIONS
• The laws of the State of Iowa and the United States shall interpret this auction.
• DISPUTES: By registering in this auction, the bidder consents that any and all causes of action resulting from this auction shall be heard in the General Court of Justice of Polk County, Iowa as the sole and exclusive venue.
• Auction Bidder and/or Buyer Default: The Successful Bidder and/or Buyer not attempting to settle their invoice within the stated pickup period will be considered in default and will be black-flagged in our database as a Non-Paying Bidder. BearCreek Estate & Auction Services reserves the right to sell to the next highest qualified Bidder and/or Buyer in the event the successful high Bidder and/or Buyer does not comply with the terms of the sale.
