ONLINE ONLY AUCTION TERMS AND CONDITIONS

As a registered bidder, I hereby agree to abide by the Terms and Conditions outlined hereafter. I also agree to pay, and authorize the payment of, any applicable fees outlined in this document due to my negligence and or default.

GENERAL INFORMATION:

G1. Please read the following terms and conditions carefully as they are a legal binding contract between you (the Bidder) and Wears Auctioneering Inc. To register and bid in this auction you must agree to these terms and are bound by them as a bidder.

G2. Please be aware that these terms are GENERAL INFORMATION for all auction listings and special terms can apply. When such Special Terms apply, we do our best to outline those in an Information lot at the beginning of the auction catalog.

G3. All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items, based on photos and descriptions, and bid accordingly. All items must be considered used or previously owned. No refunds will be issued.

G4. Please compare description and photos. It is our intent to describe and photo the majority of items included in that lot. However, there are items when that cannot happen. If you have questions regarding a specific item that affects your final bid, please call the office.

G5. Once you place and confirm a bid through our bidding platform, you cannot remove or lower a bid. No bids will be removed once they have been placed.

G6. Due diligence is the responsibility of you (the Bidder). All sales are final. When the bidding ends on our website and you are the high bidder, you then assume complete responsibility for care of each purchase at time of sale.

G7. We reserve the right to refuse service to anyone bidding, buying, selling and/or at pick up.

G8. The most recent correspondence with buyers via email or our website take precedence over written material and any prior verbal statements.

G9. The auction company is not responsible for accidents, thefts, errors or omissions.

G10. 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.

G11. Items used in photos for displaying and or containing items such as crates, totes, step blocks, back drops, etc. are not part of the selling lot unless specifically listed in the description.

G12. If inquiring about an item in one of our auctions and your question is already addressed in the description or terms, don’t expect a response back.

G13. WA staff DOES NOT TEST or VERIFY conditions or completeness of items being offered. Buyer has the right to test/inspect items at the time of pick up. Concerns must be addressed with staff at that time. After leaving the pick up location, the item is your responsibility.

BIDDING PROFILE:

When you register to bid with Wears Auctioneering and Marknet Alliance, you must create a bidding profile. This profile contains your personal information – you may view and edit your profile by logging into our website. It is your responsibility to ensure that all the information on that profile is VALID and CURRENT. We rely on that information to contact you and process payment. Address, Phone, Billing, Credit Card and Email information are particularly important! If you need help logging in or resetting information in your profile, contact our office.

EMAIL RESPONSIBILITY:

In order to register to bid in any online auction, you must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication and you will not receive any other method of bidding, registering, or invoice confirmation from our office, so make sure your emails are working. ALWAYS contact our office if you are not receiving proper emails from our company – we can help troubleshoot, but your server may not receive emails as consistently as others.

BUYERS PREMIUM:

A buyer’s premium will be added to each purchase. Buyer’s premium is 13% unless stated otherwise: if you bid $100.00, at checkout you will be charged $113.00. Each and every time you place a bid, you are required to confirm and agree to the total bid price of your initial bid plus buyer’s premium.

AUCTION CLOSING:

A1. The closing time of the auction will be listed within the auction information page of our website. Once bidding closes, items you have won become your responsibility – make note of closing times!

A2. Our auctions feature EXTENDED BIDDING. If a bid is placed on a lot within the last FIVE minutes of the auction, bidding will extend on that lot for FIVE minutes past the closing time. That lot will remain open until there are no bids on that item during the extended time period(s). This only affects lots that receive a bid during the last FIVE minutes of the auction. Any lot not bid on in the last five minutes will close as scheduled. Example: If you are participating in an auction that closes at 6:00 PM and you place a bid at 5:55, that lot will extend until 6:05 p.m. and will keep extending in Five-minute increments each time a new bid is placed. It will stop extending when no bid has been placed during the extended time period(s).

A3. There are occasions when we have an EXTEND ONE/EXTEND ALL auction. In this case, if any single lot receives a bid in the last FIVE minutes, ALL LOTS in the auction will extend in Five-minute increments.

A4. Our auctions offer MAXIMUM BIDDING. This means that you can bid a higher number than the next “Asking Bid''. You may place a max bid at any time in the place bid space by simply entering the highest number you want to bid. When you place a MAX BID, the current bid price will only go to the next increment, or one increment over someone else’s max bid if one has been placed. The computer will bid for you in the predetermined auction increments up to your highest dollar entered only if someone else bids against you to raise your bid to that dollar amount.

A5. When someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID.

A6. Bids will be placed in the order that they are received. If TWO buyers enter a BID of the same dollar amount, the buyer who entered his/her BID FIRST will be the bidder that is in at that price. If you bid a certain amount and see that the bid is indeed that amount, but you are not the 'Winning Bidder', that means that someone else had a max bid of that amount and so their bid was placed into the system ahead of yours. The best way to know if you are outbid is to check your email and/or text as you should get an email and/or text every time you are outbid.

A7. You may request out bid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/ mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you utilize the max bidding feature. Please remember, you can always raise your max bid, but you CANNOT lower it.

*Buyers will receive outbid notices via email for the entire duration of the auction. Outbid notices via text message will only be sent out for the final 48 hours of the auction.

*Wears Auctioneering is NOT responsible for emails or texts that are not received by the bidder. These messages are automated through our website and we don’t have control of how they are received by each specific server and/or cell service carrier. We do not recommend relying on outbid notices to ensure you are the high bidder.

A8. Wears Auctioneering is not responsible for internet malfunctions, loss of connection or system glitches that may prevent you from placing last minute bids, or receiving notices from our company. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing, and you may miss an item you want. There is no advantage to waiting until there are only a few seconds left to bid. Any bid placed 4:59 or :01 second left is still going to extend the bidding by 5 minutes.

PAYMENT:

P1. Payment for all purchases is due at the conclusion of the auction.

P2. Payments will not be accepted on site the day of pickup.

P3. A Valid credit card is required for bidding approval. We accept Visa, MasterCard, and Discover. No other payment method will be allowed unless it is specifically stated on our website. Currency: USD only

P4. If charges are declined by the credit card processor a non-sufficient funds charge of $25.00 will be charged each time processing is denied. The buyer will be notified of the NSF transaction through e-mail and be given 24 hours to contact Wears Auctioneering with an alternative payment method.

P5. At the conclusion of the auction, you hereby authorize Wears Auctioneering to charge Purchase Price, Buyer’s Premium charges and any applicable handling fees to the credit card that you have recorded in your profile up to $1500.

P6. Any invoice $1,500.00 and over will require a wire transfer. Credit Cards will not be accepted for invoices $1,500 and over.

P7. Wire transfers DO NOT immediately appear in our account. It may take 24/48 hours to complete the transfer into our wire account.Therefore it is imperative that you start the wire transfer process as soon as you receive your invoice.

P8. Payment for any titled item, such as autos, boats, trailers and some ATVs, will require a wire transfer of funds in full before being released to the buyer.

P9. If purchases are not settled within 24 hours of the close of the auction, they are considered in default. All purchases in default revert to ownership of the seller.

Upon default any or all of the following may occur:

Bidder’s privileges may be suspended on Wears Auctioneering Inc. as well as MarkNet Alliance auctions. Bidding privileges may be reinstated when default has been satisfied.
Subsequent defaults may result in bidding privileges being blocked or denied.
Seller & Auction Co may elect to resell the unpaid items. The default bidder will be responsible for any deficit in value between original bid price and the reselling price.
Default bidder agrees and authorizes payment of any additional fees, as outlined in these Terms.
Such actions may be taken at the sole discretion of Wears Auctioneering, Inc and/or Marknet Alliance.

P10. Payment in full is required before receiving your invoice itemizing your purchases and fees.

P11. Buyer agrees not to initiate any credit card charge backs for purchases made, and agrees that NO refunds will be given.

INVOICES:

I1. After we process your payment, Wears Auctioneering will send you an invoice via email with confirmation of items won, the purchase total, and applicable fees.

I2. If you do NOT receive an invoice, you can find the invoice in your profile on our website. You may also contact our office to resend the invoice. It is your responsibility to ensure you have your invoice before pickup time.

I3. If you were bidding on an item and think you have the winning bid, but did not receive an invoice. Please read the “Viewing Past Auctions, Winning Bids & Invoice” section of these terms.

LOAD OUT/PICKUP:

L1. Buyers must check in with a Wears Auction Staff Member upon arrival

L2. Our staff is there to supervise the safe and proper removal of items and to help you identify the items included in your purchase. The staff is NOT there to help with the removal of heavy items.

L3. Winning bidders need to pick up their items at the time they sign up for via Sign Up Genius, and pickup must be completed within the designated pickup timeframe.

L4. Please respect our Seller’s property and residence, many times our Sellers still reside in the residence and they do not want you wandering through their home or using any of their facilities.

L5. Specific times that are listed for pickup are the strict start and end times, per contractual agreement with the seller. We will not facilitate pickup BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pickup is scheduled to end. You need to arrive on time to pack and remove all your item(s) within the stated pick-up times. We may assess a charge to any buyer that requires our staff to stay longer than the scheduled time.

L6. If you are unable to pick up during the designated pick up time, you must send a representative to pick up for you or forfeit your items. Don't bid if you can’t pick up at the specified time and location.

L7. A link in the notes section of your invoice will direct you to Sign Up Genius to select your ideal pick up time. All bidders receive this at the same time, so if you wait too long, your choices of a pick up time may be limited. After selecting a pick up time, you receive a confirmation from Sign Up Genius, within that confirmation you will be provided a pick up address. Our office cannot assume responsibility for emails from Sign Up Genius that do not arrive at your server.

L8. Items may only be removed upon receipt of payment in full. Buyers must check in and present their paid invoice to a Wears Auctioneering representative prior to loading items.

L9. Any item(s) Wears Auctioneering Inc. or the seller has to remove from the sale site due to the buyer missing pickup time or abandoning part of a purchase may be subject to additional service fees.

L10. Buyers who do not pick up their item(s), or leave any items behind, at the specified pick-up time may be subject to additional service fees. Ownership of those items will return to the seller and the buyer will forfeit any and all rights to the item including payments and refunds.

L11. You MUST bring your own packing materials, moving equipment, and adequate manpower to safely and properly remove your items during the specified pick-up time. We will not wait for your additional help to arrive if it is outside the pickup times. Also, you may be asked to wait at the end of the line if you are not prepared to move or load your items in a timely manner, we reserve the right to help those buyers who came prepared first. This policy is designed to keep pickups speedy and efficient. We need our buyers to come prepared out of fairness to other buyers and to our seller.

L12. Wears Auctioneering Inc reserves the right to refuse load out and pick up of item(s) purchased, if at their sole discretion or at the discretion of contracted seller, they deem such load out may cause damage physically to the item or the seller’s property or if it risks the safety of anyone or anything at the load out site.

L13. Wears Auctioneering reserves the right to charge a fee to any buyers that do not bring adequate help.

L14. The buyer will be responsible for the ANY damage that occurs to an individual item, or the pickup location during the removal of an item(s).

L15. Items that have prior arrangements with Wears Auctioneering to bring back to the office must be picked up within 48 hours at Wears Auctioneering Office. If not picked up in 48 hours, items will be disposed of at the discretion of Wears Auctioneering.No refunds will be issued for items not picked up.

L16. Wears Auctioneering Inc staff has the right to refuse service to anyone during a pickup.

SHIPPING:

S1. In most cases we can accommodate shipping requests. However, there will be times, due to size of item(s) Quantity of Item(s), staff availability etc. that you may need to make arrangements with a Third-party shipper. That is why, if you plan to purchase an item and NEED it shipped, you should contact our office prior to bidding and no later than the close of the auction to see if we can accommodate your request. THANK YOU! Our office number is 319-624-3779. Calling is generally the best option to be sure we are all on the same page.

S2. Shipping charges will appear as a separate charge after purchases are packed and ready for shipping. We will attempt to combine items into as few parcels as reasonably possible to reduce the shipping costs. Wears Auctioneering cannot estimate shipping costs until items are boxed for shipping. We charge what the carrier charges us with NO markup. All purchases will be shipped to the buyers via USPS or UPS Ground, FedEx etc. depending on size of parcel (we reserve the right to select the shipper). If you would prefer to make your own shipping arrangements and send us a label for your item(s) simply contact us and let us know.

S3. Remember, shipping is expensive, many times shipping can exceed the value of the item purchased. We will not refund the purchase price of an item simply because you feel shipping is too expensive. Figure it out before you place your bid. Call your local shipper and/or inquire about estimated shipping online. Online resources are endless and are there to help you with this, please do your homework first if you are thinking about having an item shipped.

Handling:

Our handling fee is calculated as 50% of the cost of Shipping. If we send your purchases in a Flat Rate USPS Box for $6 your handling will be $3. If it ships UPS for $20 then handling will be $10.

Insurance:

Most parcels ship with limited insurance. If the standard insurance coverage from the carrier (USPS, UPS etc.) is higher than the invoiced value of the items being shipped, we will not purchase additional insurance. If the item(s) being shipped exceed the standard insurance value offered by the shipper additional insurance will be purchased and charged to you on your invoice. If you purchase an item and feel that it is valued higher than the invoiced purchase price you will need to call our office and request additional insurance coverage along with the amount you would like your shipment insured for. We will only purchase insurance to cover the purchase price of the item(s) contained in the shipment.

Additional Charges:

Buyer hereby agrees to pay and authorizes Wears Auctioneering to charge their credit card for any of the applicable infractions as follows:

Pick up NO SHOW, Leaving Lot OR Partial Lot behind	$25.00 per item or actual cost of disposal	Plus, forfeiture of item
Assistance from staff, over and above our obligation to identify your purchases and location of items.	$25.00 per item	Staff IS NOT for hire to help. This charge is initiated if YOU fail to bring adequate help. This includes moving items out so staff can leave on time.
Bringing a lot(s) back to our Office for pick up or moving lot out for late pickup	$25.00 per item plus packing materials and $30.00 per hour labor	This service is NOT available for large items.
Not completing Pick up Process within the proper time frame	$30/ First half hour/Per Staff Member	$30.00/Hr after first half hour/Per Staff Member
Arrange Special Pick-up Time w/Staff outside of time outlined in TERMS (ONLY IF POSSIBLE)	$30/Hr Clock starts when staff leaves office until return to office	Per Staff member

Disabling Your Online Account:

Your account may be disabled due to one or more of the following reasons:

Non-payment of an invoice

Not showing up at pickup

Arriving late at pickups

Not signing up for pick up times, requiring staff to call by phone

Difficulty charging credit card or invalid credit card

Chargebacks

Inappropriate treatment of staff or sellers

Damage of property at pickup

Refusing to pay for shipping

Showing up at pickups unprepared with removal materials or help loading

Not removing all of your winnings from an auction

Viewing Past Auctions, Winning Bids & Invoices:

You can always view past auctions, winning bids and invoices through our website. To view past auctions, click on the “SEE ITEMS” tab on any auction under the COMPLETED AUCTIONS on the main page of our website. Within any past auction, you can always see the high bid and bidder by viewing the individual lot information. If you log into your profile, you can click the invoices tab to view all your past invoices from Wears Auctioneering. This is a great resource if your invoice email did not come through! You can also click on MY ITEMS and view all the individual items you have ever won through our website. It is the bidder’s responsibility to ALWAYS know what items they have won. We have done our best to provide you with the above information and resources. We ask that you be a responsible bidder and access these resources as needed.

Special Terms of Sale:

1. All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Wears Auctioneering Inc. may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Wears Auctioneering Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Some items may be listed as NIB New in Box. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However, all property is sold AS-IS, and ALL SALES ARE FINAL.

2. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Wears Auctioneering Inc. shall endeavor to describe in detail each item and any pertinent information about it. Wears Auctioneering Inc. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.

3. Wears Auctioneering Inc. is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Wears Auctioneering Inc. or anyone else if the Internet service fails to work correctly before or during the Online Auction. Wears Auctioneering Inc. will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction. Wears Auctioneering Inc. reserves the right to withdraw or re-catalog items in this auction.

4. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake.

5. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.

6. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability.

7. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.

8. Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.

Toys for the Holiday in Solon 23-1217.OL

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