Auction Terms Auction Terms AUCTION TERMS AND CONDITIONS All items are located in Charlestown, Indiana. At the conclusion of this Online Auction all winning bidders will receive an emailed invoice with the exact address for the pick up location of all purchased items. PLEASE READ ALL TERMS AND CONDITIONS PRIOR TO BIDDING!!! BIDDING ENDS: Sunday Dec. 15th, 2019 @ 7:00 PM EST PICK UP FOR ITEMS: TUESDAY Dec. 17th BETWEEN HOURS OF 8:00 AM - 6:00 PM EST PICK UP LOCATION: EXACT LOCATION WILL BE EMAILED TO WINNING BIDDERS AND IS LOCATED AT 300 Pike Street Charlestown Indiana 47111 Buyer’s Premium: A 10% buyer’s premium will be added to the winning bid of each item to determine the final selling price. Payment Terms: All items must be paid for in full at the auctions end and may be made by credit/debit card (VISA, Mastercard, Discover, or American Express). If you fail to pick up your items, you will still be charged the full amount of the item or items purchased. There is an additional 4% processing fee for all credit/debit card transactions. Sales Tax: There will be a 7% Indiana Sales Tax added to each purchase unless you provide us with a valid Re-Sale Certificate at the time of purchase and/or pickup. SHIPPING: Ashley Darrow Auctions, LLC. does not provide shipping. ALL Items MUST Be Picked Up By You During The Allotted Pick Up Dates And Times, NO EXCEPTIONS! PLEASE REFRESH YOUR PAGE! Please remember to refresh your page during the bidding. The bidding page you are viewing shows you the bid at the time you logged on to that page. YOU MUST REFRESH YOUR PAGE EVERY SEVERAL SECONDS to view accurate bids. This is particularly important during the final minutes of bidding for an item. SERVER & SOFTWARE TECHNICAL ISSUES: Online bidding is offered as a courtesy. The Auctioneer, Ashley Darrow Auctions, LLC., Seller, and the Internet and Software Providers do not guarantee or warrant the online bidding procedure and/or system to operate without interruption or malfunction. In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Ashley Darrow Auctions, LLC., reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE, SELLER or Ashley Darrow Auctions, LLC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. NEW DATA, CORRECTIONS, AND CHANGES: Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information. Disclaimer & Absence of Warranties: All items are being sold on an "AS IS, WHERE IS" basis, and no warranty or representation either expressed or implied, concerning the property is made by the Seller or Ashley Darrow Auctions, LLC. Agents or Representatives. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in the brochure and on the website is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller, Ashley Darrow Auctions, LLC., Agents or Representatives. All sales are final. All items must be removed in a safe, proper, workman like manner. Registration: Registration is free but does require several important pieces of information. As with our live auctions, bidders must be registered with a full name, address, and telephone number. An email address is also required so bidders may be sent winning bid notifications and auction invoices. Information from a credit card is to be held on file. This information is obtained to deter defunct bidding. The account will be charged in the event that an item has been unpaid after the allotted time for payment has passed. Registration may only be completed with an acknowledgment that the bidder has read and understood all terms and conditions for the sale and online bidding. Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Ashley Darrow Auctions, LLC. will reject the registration, and bidding activity will be terminated. The Seller and Ashley Darrow Auctions, LLC. reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the web-site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Ashley Darrow Auctions, LLC. retains the right to prevent anyone from participating in this and future online auctions who does not abide by the terms and conditions of the auction or whose actions are not in the best interest of our client, the Seller. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of Ashley Darrow Auctions, LLC. are final. Merchandise: All descriptions and information are believed correct, but are not guaranteed and as such the Auctioneers, Ashley Darrow Auctions, LLC., and/or the Seller shall not be held liable for inaccuracies in the information. It is the Bidders responsibility to obtain or verify, prior to bidding, any information they consider critical to their decision to purchase. Preview times are available for potential bidders to physically inspect the items. All bidders are encouraged to inspect and research all aspects of the items, descriptions and information provided to their complete and full satisfaction prior to bidding. The items are being sold “as-is” “where-is” with no warranties or guarantees of any kind including merchantability and/or fitness for particular purpose. Bidding: Online bidding is to be understood as a binding contract. Bids will be taken with the understanding that the bidder will honor their winning bid with sufficient funds including all applicable taxes and fees. Do not bid if you do not intend to pay. Notification of winning bids will be sent via email along with an auction invoice within 24 hours of the auction’s close. Bidding can be made using two methods on our website- “Your Bid” and “Your Maximum.” “Your Bid:” This feature allows the bidder to input a single bid as in a live auction. For example: the bid for item #1 is currently $2,000 placed by bidder A. Bidder B wishes to bid $2,500. By placing a bid of $2,500 in the “Your Bid” box, Bidder B now has the current winning bid. If Bidder A wishes, he/she may bid again, continuing the auction cycle. “Your Maximum:” This feature does your bidding without the bidder having to constantly view, log in, and bid on an item. Setting a maximum online is much like coming to a live auction with a preset spending limit in mind. The program will bid for you, in the prescribed increments, and only up to your spending limit for the item. For example: item #3 is currently at $5,000 with Bidder A having the winning bid. Bidder B wants to place a bid and is willing to spend as much as $7,500 for item #3. If Bidder B places a maximum bid of $7,500, the price of the item rises only to $5,050. Bidder A returns to the item online and places his/her maximum bid at $5,250. The program automatically does the bidding: A-$5,100, B-$5,150, A-$5,200, B-$5,250. The bidding stops at $5,250 with Bidder B winning because the next bid would be $5,300, which is more than Bidder A’s limit. Maximum bids are kept confidential. Any bidder can raise a bid or a maximum bid at any time prior to the close of the auction. Increments: Up to $20.00 - $1.00 increment Up to $50.00 - $2.00 increment Up to $100.00 - $5.00 increment Up to $500.00 - $10.00 increment Up to $1,000.00 - $20.00 increment Up to $10,000.00 - $50.00 increment Up to $50,000.00 - $100.00 increment For your convenience, the closing of items will be on a staggered basis of 5 items every minute. For example, items 1-5 will begin closing at 7:00, items 6-10 will begin closing at 7:01, items 11-15 will begin closing at 7:02, etc. The closing of some items may be extended in the event of last minute bidding. See paragraph below regarding the Extended Ending feature. Extended Ending: The items in the auction will be subject to a extended ending, whereas at the close of the auction, any bidding activity on an item within 5 minutes of the closing time will automatically extend the bidding for 2 more minutes past the time of the last bid. The bidding on that lot will continue to remain open in 5 minute intervals as long as there is bidding activity within 5 minutes of the previous bid. Once there is no bidding activity for a 5 minute period, the bidding on that item will close. For example, if a lot is supposed to close at 7:00 PM but a last minute bid is placed at 6:59 PM, bidding will be extended until 7:04 PM. If another bid is placed on an item at 7:02 PM, bidding will then close at 7:07 PM, unless subsequent bids are placed. Penalties: Any bidding found to be fraudulent and/or negligence to provide proper payment in the allotted time will result in all appropriate legal action. Any invoice not fully and properly paid for in the allotted time will be charged to the credit card account presented at registration and the items forfeited. Delinquencies will be noted and will prevent the individual from participating in any further live or online auctions conducted by Ashley Darrow Auctions, LLC. Auctioneer's Right to Bid: It is hereby disclosed that will the seller's permission Ashley Darrow Auctions, LLC., Agents, Representatives and staff reserve the right to bid for themselves and buy. In addition, Ashley Darrow Auctions, LLC. reserves the right to bid on the behalf of absentee bidders and for any other bidder in accordance with their authorization and to enter ANY bidding on the seller's behalf except in the case of Absolute offerings. Agency: Ashley Darrow Auctions, LLC. has an exclusive right to sell listing for this transaction. All negotiations must be conducted through Ashley Darrow Auctions, LLC. Breach or Negligence by Either Party: Any dispute between Ashley Darrow Auctions, LLC. its Agents or Representatives and the Buyer(s) or Seller(s), agrees to participate in a Dispute Settelement Program of the Better Business Bureau ("BBB") known as "BBB CARE" and, upon request of either party, the parties hereto agree to binding arbitration of claims arising out of this Agreement, provided they meet the requirements of the BBB CARE program. Information on the limits of what may be arbitrated, or on any aspect of the BBB CARE program is available from the BBB. Auctioneer/Seller Disclaimer: The information contained herein is believed to be correct to the best of the auctioneer's knowledge. The information is being provided for the bidder's convenience and it is the bidder's responsibility to determine the information contained herein is accurate and complete. The property is selling in its 'as-is' condition with no warranties expressed or implied. As previously noted by bidding on the property, buyer agrees to all terms and conditions set forth. All questions regarding this auction should be directed to Ashley Darrow - Auctioneer with Ashley Darrow Auctions, LLC. Ashley Darrow Auctions, LLC. 502-939-3855 Braxash3@gmail.com Ashley Darrow - Auctioneer Indiana License # AU11400079