READ READ READ!!!

BIDDER INSTRUCTIONS:

Thank you for bidding in the Kyle Dykes Auctions ESTATE VEHICLE AND COLLECTIBLE AUCTION. We truly appreciate your business!

THE FOLLOWING ARE THE TERMS YOU HAVE AGREED TO ABIDE BY WHEN YOU REGISTERED TO BID:

If you are the winning bidder on any item please contact Kyle Dykes Auctions (Auctioneer) STARTING FEBRUARY 24TH, 9 AM AT 254-371-9388 to make settlement and pick up arrangements. (We will have multiple phone calls that day so please leave a voicemail if prompted or text message containing your name, bidder number and phone number along with the desired payment method, and we will respond in the order recieved)

PICK UP IS BY APPOINTMENT ONLY: Buyer must contact or respond to Auctioneer to coordinate payment method and pick up appointment by no later than 5 PM on FEBRUARY 24TH. (WE WILL NOT WAIT AROUND FOR CUSTOMERS WHO HAVE NOT SCHEDULED AN APPOINTMENT!)

** Scheduling an appointment after 5 PM on FEBRUARY 24th will result in a late fee of $25, and you will have to coordinate your pick up on the Auctioneer's time **

** All items must be removed by NO LATER THAN 4 PM on SATURDAY FEBRUARY 25TH (Doors will be closed all day for church on Sunday) **

WE WILL ONLY ACCEPT PAYMENTS IN: CASH (@12% BUYER PREMIUM), WIRE TRANSFER (@ 12% BUYER PREMIUM + $15 WIRE FEE), OR VENMO, PAYPAL, & CREDIT CARD (@ 16% BUYER PREMIUM).

** SEE COMPLETE TERMS UNDER PAYMENT TERMS FOR IMPORTANT SALES TAX INFORMATION **

PLEASE READ THE FOLLOWING BIDDER TERMS AND KNOW THAT THEY WILL BE FULLY ENFORCED:

AUCTION TERMS & CONDITIONS AND BUYER COMMUNICATION ARE VERY IMPORTANT!

READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE:

GENERAL TERMS:

The auction will be conducted by Kyle Dykes & Associates, LLC d/b/a Kyle Dykes Auctions (Auctioneer) on behalf of the owners of the property, referred to as the Seller. Auctioneer is not responsible for the acts or representations of Seller. The auction shall be governed by the terms set forth herein (the agreement), and any additional terms and conditions that are posted concerning the specific property. The Agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and Seller/Auctioneer. The term Bidder or Buyer shall include, but not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties. Auctioneer reserves the right to periodically change the terms and conditions of the Agreement, which shall be effective immediately upon posting. It is the Bidders responsibility to review any and all changes made to these terms and conditions prior to bidding on property. The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement. All persons attending, inspecting or removing property assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer and seller from all liability. Auctioneer is not liable by reason of any defect in, or condition of, the property or the premises on which the preview/sale is held. Auctioneer is released for any claims to actual damage to the property sold and/or consequential damages that may result from the sale of defective property.

DISCLOSURES/NO WARRANTY:

There is no warranty offered, expressed or implied, by Kyle Dykes Auctions or Sellers for any property. All property are sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. All information provided is believed to be correct but NO warranty as such is either expressed or implied, including but not limited to the merchantability or fitness for a particular purpose. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended (by appointment only). Auctioneer reserves the right to add or withdraw property from the auction, and/or regroup items. Auctioneer reserves the right to sell property absolute or with reserve, at Sellers discretion. The Seller does have the right to make the final bid and the Auctioneer does have the right to bid on behalf of the Seller. The auctioneer reserves the right to open the bid as the result of a tie bid or discrepancies in the bid. Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. All titles will be assigned to buyer. NO OPEN TITLES.

BIDDER REGISTRATION:

Bidder must be 18 years of age or older, and is required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.

BIDDING:

Bidder must register to participate in the auction. Read the descriptions of each lot and view photographs carefully. If you have any questions call Kyle Dykes Auctions at 254.371.9388. If you visit the viewing location, please personally inspect the property on which you intend to bid during the date(s) indicated in the details per item. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold AS-IS this is an AUCTION and all SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. Upon sale of property, identifying information and purchase amount will be posted for a designated period of time. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final. MUST BE 21 OR OLDER WITH A VALID DRIVERS LICENSE TO BID AND BUY ANY FIREARMS OR FIREARM RELATED PRODUCTS.

BUYERS PREMIUM:

A Buyers premium will be charged on each purchase. A buyers premium, an advertised percentage of the high bid or flat fee added to the high bid will be added to the high bid and become part of the purchase amount at settlement. Hammer price plus the buyer's premium constitutes the total purchase price. Sales tax is charged on the total purchase price. Buyer agrees to these provisions and will pay the applicable buyers premium. 

** PAYMENT TERMS **:

- SALES TAX will be charged on both the purchase price and buyers premium. Any sales tax exemption claims must be accompanied by the proper credentials PRIOR TO THE CLOSE OF THE AUCTION. A Buyer claiming exemption from sales tax must provide the Auctioneer with proof of such exemption in a form acceptable to the Auctioneer. This may include a valid reseller permit that qualifies the Buyer for exemption in the state where the Purchased items are located, or where applicable, a common carrier bill of lading reflecting a shipment directly out of state from the Property location. No Property will be released to the Buyer unless the tax has been paid or acceptable exemption documents have been provided. No taxes will be refunded once the tax has been collected. 

 ** If you are resale or agriculture tax exempt you know what credentials you need, so have them ready in accordance with the terms listed in the section above! Taxes, fees, shipping, handling, insurance, storage and security charges are Buyers expenses, and will be calculated and rendered due at the sale of the property **

- PAYMENT must be made in full by the Buyer, immediately upon the completion of the auction by either CASH (@12% BUYER PREMIUM), WIRE TRANSFER (@ 12% BUYER PREMIUM + $15 WIRE FEE), OR VENMO, PAYPAL, & CREDIT CARD (@ 16% BUYER PREMIUM). BALANCES OVER $10,000 MUST BE PAID BY WIRE TRANSFER WITH NO EXCEPTIONS. Upon making payment for property, no stop payment of funds will be honored. Any false or declined payment method, stop payment order of a check, or giving a check which is returned marked insufficient funds, shall be deemed by the parties to be a prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. If you are from another country other than the US, you must pay in US funds.

Buyer must contact or respond to Auctioneer to coordinate payment method and pick up appointment by no later than 5 PM on FEBRUARY 24TH. 

** If payment or arrangement is not made within 48 hours from the close of the auction, a 25% FEE WILL BE ADDED to the total purchase price of the bidder invoice and will be charged to the credit card on file **

- CREDIT CARD, VENMO & PAYPAL PAYMENTS: Bidders providing deposits or full payment by credit card further agree to the following: 1) Bidder grants Sales Agent the irrevocable right to authorize Bidder’s credit card for the minimum deposit and such subsequent amounts necessary to secure Bidder’s purchases; 2) Bidder grants Sales Agent the irrevocable right to capture the authorizations on Bidder’s credit card to secure Bidder’s purchases; 3) Bidder acknowledges that a credit card authorization shall not be sufficient to secure purchases over $10,000, and therefore shall provide any additional deposit necessary in one of the other Acceptable Payment Forms 24 hours prior to the Sale; 4) Bidder acknowledges and accepts that credit card authorizations are subject to a 3-7 day hold on funds with Bidder credit card company, which hold is not under the control of Agent to release; 5) Bidder hereby waives their rights to chargeback.

REMOVAL OF PROPERTY / SHIPPING TERMS:

- Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. Property will not be removed from sale premises until payment in full has been received.

- Paid buyers can schedule appointments by emailing three preferred time slots to KDAPICKUPTIME@gmail.com. Buyers arriving without an appointment may be turned away as the warehouse requires 24 hour notice to pull orders.

- PLEASE NOTE: IF YOU ARE USING A 3RD PARTY SHIPPER, THEY WILL BE REQUIRED TO EMAIL A BILL-OF-LADING TO US PRIOR TO REMOVAL; NO EXCEPTIONS.

- Buyers must arrive with an ID that matches the name on the invoice.

- If sending a 3rd party to pickup on your behalf, you must complete and submit an AGENT RELEASE FORM to our office authorizing the 3rd party to pickup on your behalf. The 3rd party must provide ID matching the Agent Release form and sign documentation upon arrival at pickup. Any and all methods of lifting, towing, and/or hauling are the Buyers responsibility. We will not package items, your 3rd party agent must handle that.

CLICK HERE FOR AGENT RELEASE FORM

- PICK UP IS BY APPOINTMENT ONLY and buyer must contact or respond to Auctioneer to coordinate payment method and pick up appointment by no later than 5 PM on FEBRUARY 24TH. (WE WILL NOT WAIT AROUND FOR CUSTOMERS WHO HAVE NOT SCHEDULED AN APPOINTMENT!)

** Scheduling an appointment after 5 PM on FEBRUARY 24TH will result in a late fee of $25, and you will have to coordinate your pick up on the Auctioneer's time **

** All items must be removed by NO LATER THAN 4 PM on SATURDAY FEBRUARY 25TH (Doors will be closed all day for church on Sunday) **

- ALL SHIPPING RESEARCH MUST BE DONE PRIOR TO BIDDING ON ANY ITEMS. AUCTIONEER IS NOT RESPONSIBLE FOR BUYERS LACK OF DUE DILIGENCE. 

-FOR SHIPPING LARGER ITEMS THAT REQUIRE PICK UP THE REGISTERED BUYER MUST MAKE ARRANGMENTS WITH THE AUCTIONEER BEFORE 5 PM ON FEBRUARY 24TH.

- A $40 Handling charge per shipment will be accessed if Auctioneer has to drop ship items through Box & Ship Fort Worth.

- Seller and Auctioneer agree that property may remain on the sale premises for a period of time following the sale. Any and all methods of lifting, towing, and/or hauling are the Buyers responsibility. Packing and shipping costs are the responsibility of Buyer. Any and all property not removed by Buyer by the final day of removal will revert back to the Auctioneer/Seller, and may be resold at auction or disposed of in any other manner that seems to be suitable. US funds. Items claimed or paid for but not picked up or shipped will revert back to the sale company and re-sold with no refunds and no exceptions.

CHOICE OF LAW:

The law of the State of Texas governs this agreement and venue is proper in Tarrant County, Texas.

ADDITIONAL NOTE:

The following are property specific Terms & Conditions that are posted online with the individual property information and will override any likewise terms stated in this Agreement. - Buyers Premium - Sale Date and Time (Beginning and Ending) - Inspection Location, Dates, and Times - Final Date of Removal - Shipping Arrangements - Special Notes/Comments/Announcements.

ONLINE BIDDING INFORMATION:

If you are participating in an online auction, the following additional terms will apply to the Auction Terms & Conditions set forth above:

OBTAINING A USER NAME & PASSWORD:

Click on BUYER LOGIN on our Home Page and then CREATE NEW ACCOUNT. Follow the instructions. Its easy! If you need assistance feel free to contact Kyle Dykes Auctions at 254.371.9388.

BIDDING IN THE ONLINE AUCTION:

Once you are registered and have your User Name & Password, you may place bids as soon as a lot opens for bidding. Your bids are FINAL and constitute a binding contract. Please be aware that lots will close at various times and possibly different days and may be extended. You are responsible for monitoring these close times. Please bid early and/or with a max bid to avoid disappointment. Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you in regard to bid confirmations and/or outbid notifications. All lots for the auctions must be paid for within 48 hours of the conclusion of the auction. An invoice will be sent to your registered e-mail address within 24 hours following the conclusion of the auction. Once you have received the e-invoice contact us immediately and let us know your payment method. If payment is not received within 48 hours from the auction you, the buyer, agree that all accounts due will be charged to your credit card according to the payment terms described in the paragraphs above.

Kyle C. Dykes Lic#16964 KDA, LLC is licensed and regulated by the Texas Department of Licensing and Regulations. Compliments or complaints may be submitted to PO Box 12157 Austin, Texas 78711, (800) 803-9202.

AUCTION: Personal property, vehicles collectibles. Lots begin to close at 6PM CST on Thursday, February 23rd. Please call (254) 371-9388 to schedule an inspection of items you wish to see in person prior to bidding. Lic #: 16964