“Seller” shall mean the owner or authorized agent of the owner who consigns one or more lot(s) for sale on Hamilton Auction Company. Any agent acting as Seller for the owner of any lot(s) offered for sale certifies to Hamilton Auction Company that the agent possesses the legal authority to act for and on behalf of the owner of the lot(s).

“Bidder” shall mean any person who has registered for and received a bidder’s number from Hamilton Auction Company.

“Buyer” shall mean any “Bidder” who has submitted the successful offer to purchase any lot(s) offered for sale by a Seller on the Hamilton Auction Company website.

“Entity” shall mean any corporation, partnership, limited liability company or other legal entity authorized to conduct business in its state of organization.

By registering for an account / bidder’s number on the Hamilton Auction Company  website, all above parties agree that the following terms and conditions shall govern all activity at Hamilton Auction Company  website and related Hamilton Auction Company events/auctions.

All Sellers, Bidders, Buyers, and Entities acknowledge that auctions/events held on the Hamilton Auction Company  website are conducted electronically, and both Hamilton Auction Company and above users rely on hardware and software that may malfunction without warning due to no fault of Hamilton Auction Company.

Eligibility & Information
Hamilton Auction Company services are available only to individuals who are competent to enter into a legally binding contract. By registering for a bidder’s number, Bidder certifies that he, she or it possesses the legal authority to enter into a valid and binding contract in the state of Minnesota, the state of the Bidder’s residence, the state of the Seller’s residence AND is at least 18 years of age. An Entity may hold a bidder’s number only if an owner, shareholder, officer, partner, member or other individual having the authority to act on behalf of the Entity registers for said bidder’s number. The person registering for a bidder’s number on behalf of an Entity agrees to personally guarantee and fulfill all duties and obligations of the Entity that may arise. The person registering to be a Bidder for an Entity certifies and affirms that s/he possesses full legal authority to act for and on behalf of the Entity and possesses the authority to enter into a legally binding contract on behalf of the Entity. In the event the Bidder does not possess the requisite legal authority to enter into a legal contract and bind the Entity, the Bidder shall be bound personally to any bid submitted in his/her or its individual capacity.

THOSE WHO DO NOT MEET THE ABOVE REQUIREMENTS SHOULD NOT REIGSTER AS A BIDDER  WITH HAMILTON AUCTION COMPANY.

All information provided by a Bidder during the online registration process shall be accurate, current and complete. If any information provided by a Bidder to Hamilton Auction Company changes or becomes inaccurate after the date of registration, the Bidder must promptly update his, her or its information on the Hamilton Auction Company website. Hamilton Auction Company will not be responsible for lost, delayed or misdirected notices in the event a Bidder does not update his/her or its information in a timely manner.

Personally identifying information provided by the Bidder will be protected per the Hamilton Auction Company Privacy Policy outlined below.

Implied Warranty/Disclaimer on Information
Hamilton Auction Company makes no warranty, express or implied, as to the information used to describe any lot(s) offered for sale by a Seller on the Hamilton Auction Company  website.
Any/all lot(s) are presented as described by the Seller. LOTS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior to purchasing and, by these terms, it is the Bidder’s personal responsibility to inspect all lots that s/he or it may purchase. Failure on part of the Bidder to inspect any/all lot(s), or otherwise be fully informed as to the nature, quality and condition of any lot(s) purchased, will not constitute grounds for any type of refund OR termination of the sale contract between the Buyer and Seller. Any/all lot(s) sold become the property of Buyer at the conclusion of the event. Hamilton Auction Company is not responsible for the condition or health of any lot(s) sold and purchased, either at the time of sale or time of delivery.

THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE SPECIFICALLY WAIVED BY BUYER. This waiver is made expressly for the benefit of the Seller. Buyer agrees to indemnify and hold harmless Seller and Hamilton Auction Company, its members, parents, subsidiaries, affiliates, officers and employees, from any claim, demand, liability, cause of action or any other duty or obligation, including reasonable attorney’s fees and expenses, which may arise at any time as a result, direct or indirect, of any Hamilton Auction Company event.

Bidding & Payment for Standard Sales
All bidding and payments are in U.S. currency. Bidding is done in increments, which may vary by both specie and individual lot(s) within each sale. A Bidder may be outbid at any point before the close of an event. While a Bidder can elect to receive outbid notifications, he/she/it recognizes that these notifications rely on software, hardware and cellular data/services that may be unreliable. As such, all Bidders are encouraged to carefully monitor any event(s) they are participating in until the close of said event(s). Unless otherwise indicated, any/all lot(s) offered on the Hamilton Auction Company website will sell subject to a reserve or minimum price established by the Seller. The Seller and/or Hamilton Auction Company may bid on the Seller’s behalf in any amount up to the Seller’s reserve price. Seller is under no obligation to sell any lot(s) offered if the bid does not meet Seller’s reserve price.

A Bidder is responsible for any bids placed under his/her or its bidding number, account and password. The security of a bidder’s number and password is the sole responsibility of the Bidder. If at any time a Bidder’s number and/or account information is compromised, that Bidder shall notify Hamilton Auction Company immediately to have his/her or its bidder’s number and/or account password changed.

Placing a bid represents a valid offer by the Bidder to purchase the lot(s) being offered for sale by the Seller for the amount of the bid placed. Once a bid is submitted and confirmed by the Bidder, it cannot be retracted. If a Bidder places the final bid before the close of an event, and that bid is accepted by the Seller, the Bidder then becomes the Buyer and that bid becomes a binding contract between Buyer and Seller. Fraudulent bids can and will be reported to appropriate law enforcement agencies. The Seller and/or Hamilton Auction Company retain the right to pursue all legal and equitable remedies available to them to enforce all bids and to recover all damages resulting from a breach of this contract between Buyer and Seller. This includes, but is not limited to, a Buyer’s failure to pay for any lot(s) purchased according to the terms of this contract. The Seller and/or Hamilton Auction Company also reserve the right to accept or reject any and all bids.

In the case of a software, hardware or communication malfunction, any event in progress on the Hamilton Auction Company website will be terminated by Hamilton Auction Company, and all Bidders will be notified. Handling of the terminated event thereafter will be at the sole discretion of Hamilton Auction Company. In the case that an event is terminated due to a software, hardware or communication malfunction, Hamilton Auction Company shall not charge any party for its services and all bids shall be considered null and void. In the case that an event is terminated prior to its close, no contract will be formed between the Bidder/Buyer and Seller.

When an event ends, all sales shall be considered final. Payment is due in full no later than 5:00 P.M. Central on the fifth day following the close of an event. Accepted forms of payment are personal or Entity check, certified check, money order, bank wire or credit/debit card. Checks and money orders should be made payable to Hamilton Auction Company and sent to 130 State Hwy 16, Dexter, Minnesota 55926. Hamilton Auction Company does not accept personal or Entity checks from outside the U.S. A 4.0% processing and handling fee will be applied on all credit/debit card transactions. A $50 fee will be assessed on all returned checks. Failure to pay in full by the due date may result in a late payment penalty equal to 10% of the purchase price. Buyer agrees to pay a finance charge of 15% APR from the due date until the balance is paid in full. A Buyer who violates the payment provisions of this agreement may not be permitted to bid in subsequent Hamilton Auction Company events. Hamilton Auction Company reserves the right to process a Buyer's credit card on file for any lot(s) purchased if payment has not been made within ten (10) days of the event. If a Bidder cannot pay for his/her or its purchases immediately following the event, s/he or it should not place a bid.

An invoice with payment instructions for any lot(s) purchased will be e-mailed to the Buyer immediately following the close of the event. This correspondence will be sent to the Buyer’s e-mail address associated with their bidder’s number and account. If the Buyer does not receive an invoice within one (1) business day, Buyer shall contact Hamilton Auction Company to request an invoice. Failure to complete payment according to the terms above shall result in all applicable fees, finance charges and potential ban from all future Hamilton Auction Company events.


Withdrawal of Lots
Occasionally, lot(s) offered for sale may need to be withdrawn from an event that is already posted and/or in progress. Hamilton Auction Company and/or Seller reserve the right to withdraw lots at any time before the close of an event. In the case that Hamilton Auction Company and/or Seller withdraws a lot during an event, all bids on that lot shall be considered null and void.

Title & Delivery
All lots purchased through Hamilton Auction Company will become the property of the Buyer immediately upon the close of the event and, as such, all risk of damage, death or injury to lot(s) purchased becomes the Buyer’s risk.

Delivery of any/all lot(s) purchased through the Hamilton Auction Company  website must be coordinated between the Buyer and Seller. Any fees incurred with delivery are the sole responsibility of the Buyer, unless other arrangements are agreed upon prior to the event between the Buyer and Seller. Any questions regarding delivery should be directed to the Seller. If Seller delivers any lot(s) sold to the Buyer before payment has been received, collecting payment for said lot(s) becomes the sole responsibility of the Seller. Under no circumstances shall Hamilton Auction Company website be responsible for the delivery of any lot(s) sold on the Hamilton Auction Company website.

Title Transfer: Hamilton auction is a licensed Motor Vehicle Dealer – we will collect MN Sales Tax and Licensing fees from Minnesota Residents. A $65 document fee will also be collected on all motor vehicle sales.

Preview Date & Times: Monday-Friday 8:AM to 5:00 PM and Saturday’s 8:00 AM to Noon. Location: 130 State Hwy 16 Dexter MN 55926

Registration & Health Papers
Some animals do not qualify for registration papers, but if/when an animal has papers or qualifies for registration, those registration papers with signed transfer authorization shall be delivered from the Seller to the Buyer in a timely manner. The Seller is responsible for the transfer of registration papers. Seller shall abide by all rules and regulations of the respective breed association in issuing the registration certificate. SCO assumes no responsibility for the transfer of registration papers or other evidence of ownership.

At the request of the Buyer, Seller may also furnish health papers. Any fees related to the acquisition of health papers are the sole responsibility of the Buyer. Seller shall take all necessary steps to meet the health requirements necessary to obtain a valid health certificate for shipment to the state of residence of the Buyer. All expenses associated with the fulfilment of any such health requirements shall be the sole responsibility of the Buyer.

Limitation of Liability
Hamilton Auction Company shall not be liable for lost profit or special, incidental or consequential damages, which may arise out of or in connection to any transaction resulting from a Hamilton Auction Company event. Bidders, Buyers and Sellers hereby agree to indemnify and hold harmless Hamilton Auction Company, its members, parents, subsidiaries, affiliates, officers and employees, from any and all claims, demands, liabilities, causes of action or any other duty or obligation, asserted by any person against Hamilton Auction Company, including reasonable attorney’s fees and expenses.

Hamilton Auction Company has the sole and final discretion to determine winning bids and, in the event of a dispute between parties, the decision of Hamilton Auction Company is final. Hamilton Auction Company reserves the right to reopen bidding to settle matters related to disputed bids or ties. Hamilton Auction Company reserves the right to postpone or cancel any event for any reason.

Hamilton Auction Company does not guarantee continuous, uninterrupted or secure access to online event services, and operation of the Hamilton Auction Company website may be interfered with by numerous factors outside of the control of Hamilton Auction Company. Furthermore, due to the nature of online services, Hamilton Auction Company cannot guarantee or confirm the authentic identity of Bidders, Buyers or Sellers and shall have no liability for any false or misleading information transmitted by the aforementioned persons on the Hamilton Auction Company  website.

Hamilton Auction Company is not responsible for any accidents or injuries related to the sale, purchase or delivery of any lot(s) consigned to or sold through an event hosted on the Hamilton Auction Company  website.

Hamilton Auction Company may refuse services to anyone at any time at its sole discretion. If a Bidder provides false information, such as a false name or fraudulent contact information, s/he or it may be suspended or permanently banned from participating in any/all future Hamilton Auction Company events. A Bidder may be permanently banned from the Hamilton Auction Company website if s/he or it is the Buyer of any lot(s) and fails to abide by the terms and conditions of this agreement.


Privacy Policy
To register for a Hamilton Auction Company website account, personal information is required. By registering on the Hamilton Auction Company website, users consent to the collection of this information. Hamilton Auction Company will never give or sell this information to an outside individual, group or entity. All personal information provided will be used exclusively by Hamilton Auction Company. Use of this private information by anyone else for any purpose is strictly prohibited and will result in appropriate legal action.

All Buyers expressly authorize Hamilton Auction Company to share their personal information with any Seller who is made a party to a binding contract resulting from the Buyer’s final and accepted bid on any lot(s) offered for sale by the respective Seller.

All Bidder information will be used to maintain records for Hamilton Auction Company, as well as to communicate and provide services to the Bidder/Buyer.

The e-mail addresses and phone numbers collected through the registration process may be used to provide information and/or services to those registered, including but not limited to text message marketing, sale notifications and eBlast marketing.

Hamilton Auction Company website does contain links to outside websites; Hamilton Auction Company has no control over or responsibility for the content and/or privacy practices of these websites.

Changes to Hamilton Auction Company Terms & Conditions
Hamilton Auction Company reserves the right to amend these terms and conditions at any time by posting amendments on the Hamilton Auction Company  website. The amended terms and conditions shall automatically be effective 10 days after they are posted. These terms and conditions were last updated on Thursday, December 23rd, 2021.