Benz Estate Auction (3) November

TERMS AND CONDITIONS

1) ALL SALES ARE FINAL:



1.1 - Acceptance of Terms



By participating, The Bidder acknowledges their acceptance of our terms and conditions. Please do not bid if you cannot agree to the terms of these contracts, meet the payment requirements, or the pick-up restrictions.



1.2 - Bidding by Mistake



We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, neither Official Auctions nor our client will assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.



Bids may not be retracted for any reason. Please read the section on Registration and Bidding for full terms regarding bids.



1.3 - Nonpayment



Late payments and partial payments will not be accepted. Failure to pay in full and on time results in forfeiture of the lots and a ban from the auction. Please read the sections on Bidding and Payment for full terms regarding payment.



1.4 - No Warranty



ALL ITEMS ARE SOLD AS IS - WHERE IS with no warranties expressed or implied. Statements made on the day of the sale take precedence over all printed materials. Auction vehicles may be withdrawn from the sale at any time prior to payment.



The descriptions of items appearing in advertising prior to this sale are believed to be correct. Nevertheless, neither those descriptions, photos nor the oral statements made by owner, its officers, agents nor employees of Official Auctions, Inc. concerning any items shall be construed as a warranty, either expressed or implied. This catalog is intended to provide general information and is subject to errors, omissions, additions or deletions. Please check with the Auctioneer's office for final listing. Items offered may or may not be sold as described in this catalog.

2) CATALOG



2.1 - Availability of Catalog



The catalog will be available online at https://bids.oaikc.com.



2.2 - Content of Catalog



The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times.



2.3 - Accuracy of Catalog



The descriptions of items appearing in advertising prior to this sale are believed to be correct. Nevertheless, neither those descriptions, photos nor the oral statements made by owner, its officers, agents nor employees of Official Auctions, Inc. concerning any items shall be construed as a warranty, either expressed or implied. This catalog is intended to provide general information and is subject to errors, omissions, additions or deletions. Please check with the Auctioneer's office for final listing. Items offered may or may not be sold as described in this catalog.

3) IN-PERSON VIEWING:



3.1 - Viewing Date and Location



A public viewing day will be held for bidders to physically inspect catalog items. Visit the auction information page at bids.oaikc.com to see day, time, and location of the viewing day.



3.2 - Viewing Rules



You must check in with auction staff and provide your name and phone number before viewing the items.



While on the property you may:

Inspect the interior and exterior of any items

Open unsealed containers to inspect the contents

Take photos and videos for your own reference



While on the property you may NOT:

Remove any item from the property

Open or unseal any items listed as unsealed

Disrupt other viewers or the auction process



Auction staff may ask you to leave the property for failure to abide by these rules.

4) REGISTRATION AND BIDDING:



4.1 - Requirements for Registration



Registration and bidding will be online only. The bidding platform is hosted at https://bids.oaikc.com. Bidders must provide a valid credit card, phone number, email, and physical address.



4.2 - Dates and Times



The dates and times for bidding are listed at bids.oaikc.com. The lots are staggered to close four per minute and there is a 2-minute soft close on each lot.



4.3 - Prohibited Actions



Inauthentic bidding activity is a zero-tolerance bannable offense. Examples of inauthentic bidding activity include using fake accounts, impersonating another person or organization, artificially raising the bid with no intention to pay, creating multiple accounts in order to evade a ban, and engaging in behaviors designed to enable other violations of auction rules.



Violation of this rule will result in a formal cease and desist letter documenting the offending individual or organization’s actions. When a cease and desist letter is sent, Official Auctions will report the crime to the offender’s local authorities and to the FBI’s national Cyber Crime office. These are criminal actions that cause significant harm to our business and Official Auctions may respond with additional legal action to protect our business and recover damages.

4.4 - Absentee Bidding



All Absentee Bids will be done through Official Auctions, Inc. online platform. Call (913) 703-5150 or visit oaikc.com. A bank letter of credit must accompany all absentee bids and must be on bank letterhead naming Official Auctions, Inc. as the party guaranteed.



4.5 - Retracting a Bid



Every bid that is placed is considered to be a legal and binding agreement to purchase an item at a given price. Therefore, once a bid has been placed, it cannot be removed or retracted by the bidder or the auctioneer. We encourage you to inspect the items in person before placing a bid.



4.6 - Use of Online Platform



Your use of the online bidding platform also requires agreement to the bidding terms found at https://bids.oaikc.com/terms.

5) PAYMENT:



5.1 - Payment Due Date



All payments are due in full on the date and time shown at bids.oaikc.com.



5.2 - Accepted Forms of Payment



CASH will be accepted onsite until the payment due time. Location will be shown at bids.oaikc.com.



WIRE TRANSFER will be accepted and must be sent before 2pm on the payment due date.



CREDIT CARD will be accepted up to $2000 through our online payment portal until the payment due time. Invoices over $2000 must be paid with cash or wire transfer. Credit cards may not be used to pay for any item sold with a Title.



NO OTHER FORMS OF PAYMENT will be accepted unless otherwise approved in advance by Official Auctions, Inc on a case-by-case basis.



5.3 - Sale Fees



All vehicle sales are subject to $25 Per Vehicle Title Fee. Online Bidders are subject to 10% Buyer’s Premium. No sales tax laws will be applied to purchases (sales taxes are paid by Buyer at the time of vehicle registration).



5.4 - Receipt



Buyer will be furnished with a paid invoice when payment is received for items purchased. This invoice must be presented to and validated by check-out personnel before the Buyer (or a Buyer’s representative) will be permitted to remove purchases from the auction premises.



5.5 - Nonpayment Penalties



Buyer agrees not to stop payment on checks, transfers or charges. Late payments and partial payments will not be accepted. Failure to pay in full and on time will result in a ban from the auction. Buyer shall be responsible to the auctioneer for expenses of resale and collection and any damages resulting from the resale including attorney's fees and costs.



5.6 - Resale



Lots that are not paid on time and in full are forfeit and will be offered to the next highest bidder (Backup Bidder). If you are a Backup Bidder you will be contacted on the day after the payment deadline.

6) LOADOUT:



6.1 - Responsibility of Pick-up and Loadout



Item(s) become(s) the full responsibility of the buyer when the Auctioneer says "Sold" and announces the winning bidder number. The buyer assumes all risk of loss and damage to property until removed from auction premises.



Official Auctions, Inc. is not responsible for accidents, or lost/stolen items, or breakage during Auction or Load-Out. If Buyer seeks assistance in load-out from Auction personnel, Auction House is not responsible in any way for breakage or damage to any items. ALL pick-up and load-out responsibility lies with the Buyer.



6.2 - Availability of Loadout Equipment



Official Auctions does not have loadout equipment available for use. Buyer (or Buyer’s representative) must bring all equipment with them. If a key is needed to be made, Buyer may hire a locksmith to go out on the property and make a key.



6.3 - Loadout Dates and Times



Items may be picked up during the scheduled loadout times listed at bids.oaikc.com. Buyers will have fifteen (15) minutes on the property to retrieve their vehicles.



6.4 - Late Pickup Fees



$30 per day storage fee will apply for late pick-up.



6.5 - Shipping



Official Auctions does not provide shipping. Please make those arrangements prior to bidding. Below are two vendors who regularly work with our company.



The UPS Store of Grandview can provide you with a quote for Packaging, Shipping and Pick Up. All fees must be paid according to UPS terms. Before contacting, please forward your email from Official Auctions, Inc. that has your invoice number, lot number(s), name address and phone number to [email protected]. This email allows Official Auctions, Inc. to release your items to UPS for shipping. UPS will not be able to pick up your items for shipping unless you have already paid Official Auctions, Inc.for your items.



Contact Tom Sundquist for shipping under 150lbs (with some dimensional requirements):



The UPS Store #4376

(816) 761-8882

[email protected]

1503 Main St Grandview, MO 64030



Steve Hale may be available for shipping large items, depending on the destination.



Contact Steve Hale for equipment and vehicle heavy hauling:



Steve Hale

(913) 927-0308

[email protected]

1120 N Bellefontaine, Kansas City, MO 64120



7) TITLE AND BILL OF SALE POLICY:



Titles and Bills of Sale must be completed between auction staff and Buyer at time of pickup and payment. Buyer will need to bring their photo ID, dealer’s license, or other document that shows the address you will be using.

8) DISPUTES BETWEEN BIDDERS:



The auctioneer shall designate the Purchaser after each vehicle is auctioned. If a dispute arises between two or more bidders, the auctioneer reserves the right to reopen bidding. His designation of a buyer shall be final. Online disputes will be worked through with a customer service representative at the discretion of Official Auction Inc, and are final.



For online disputes, there is a current four (4) day turn-around period with first contact to bidder on day (1) depending upon the hammer. Anyone found negligent for non-payment will be permanently banned from the auction with no recourse.

9) INJURY AND DAMAGE:



Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder (or Bidder’s agent) and further agrees to hold Official Auctions Inc., the owner, its officers or employees harmless for any personal injury to himself or his agents and any property damage incurred on sale premises. See Kansas City Insurance waiver for their terms.

10) ARBITRATION AGREEMENT



Bidder agrees that this agreement shall be governed by the laws of the state of Missouri and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Jackson County, Missouri. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Official Auctions and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration Jackson County, MO with an arbitrator appointed by the President of the Missouri Auctioneers Association.

11) TECHNICAL SUPPORT:



11.1 - Availability of Support



All technical support will be issued through the Official Auctions Inc. online platform. There will be technical support via email and phone from 9am to 7pm Monday through Friday. Contact information is listed on the OAI website at https://oaikc.com.



11.2 - Technical Difficulties



In the event that there are technical difficulties related to the server, software, or any other online auction-related technologies, Official Auctions reserves the right to extend bidding, continue the bidding, or close the bidding.



NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR OFFICIAL AUCTIONS SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications and/or text messages will be sent to registered bidders with updated information as deemed necessary by Official Auctions.