TERMS AND CONDITIONS

Introduction

The Terms and Conditions set forth herein govern all transactions generated by the online auction conducted by Wilson Auction and Realty, Inc. (“Auction Company”).  All bidders who submit the highest bid for any auction item agree to these Terms and Conditions.  

Registration

To register, you must provide certain information, including but not limited to, your email address and your credit/debit card information to be used for any purchases.

Bidders expressly authorize the Auction Company to use the Bidder’s credit/debit card to satisfy the payment amount as well as any deposit required. 

Bidding and Purchase Conditions

Winning bids are subject to a 10% Buyer's Premium.

All items are sold AS IS-WHERE IS and WITH ALL FAULTS with no warranties, representation or guarantees expressed, implied or otherwise given.  All sales are final. Auction Company shall not be responsible for any errors or omissions in the description of any auction item unless it is a material and intentional misrepresentation of the item itself.  No deduction will be allowed on damaged items.

Bidders are encouraged to preview and inspect items before making a bid or commitment to buy. All questions regarding items should be asked prior to bidding. Bidders who bid from off-site and are not able to preview understand and acknowledge that their inspection of an item may not be as precise as a first-hand inspection. 

Bidder acknowledges that all items are available for inspection prior to the auction and Bidder shall solely rely on personal inspection to determine the item’s condition, age, genuineness, value or any other determinative factor. Bidder’s failure to inspect, or otherwise be fully informed as to the condition, age, genuineness, value or any other determinative factor of any item will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale or refusal to close the sale. 

By bidding, you enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid. The binding contract is between the Bidder and the Owner/Seller.

Indiana Sales Tax of 7% will be charged and collected on all purchases as required by appropriate state/local laws. 

The highest Bidder (“Buyer”) is responsible for item pick-up, loading, hauling, and removal of all purchased items. Items will not be removed until paid in full. 

All items become the sole responsibility of the Buyer when the auction closes. Although the Auction Company will exhibit reasonable care to safeguard purchases until removed by Buyer, no refunds or adjustments will be allowed for any shortages. Auction Company is NOT responsible for stolen or lost goods.

The record of sale kept by the Auction Company, any audio tape of the auction, and the bookkeeper’s records will be taken as final in the event of any dispute.

Auction Company reserves the right to terminate the auction at any reasonable time, for any reason, to withdraw from sale any item or to sell at this auction items not listed.

Payment Terms and Fees

All items awarded to the highest Bidder are property of such highest Bidder upon payment in full of the purchase price, which will be charged to the credit/debit card you registered with.

A fee for Non-Sufficient Funds checks per occurrence will be charged. NO CREDIT ALLOWED.

In default of payment of bills in full within the time announced for this auction, the Auction Company, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. With regard to unpaid balances, the Buyer agrees to pay all reasonable attorney fees and costs incurred by the Auction Company in the collection of funds. Buyer also agrees that a fee of 2% per month be added to the balance of any unpaid balance due to the Auction Company and any other costs or losses incurred by the Buyer’s failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Posey County, Indiana. Buyer should be aware that invoice delinquency will lead to the disabling of a bidder account, making all bidding unavailable on the Site.

Removal

Items become the full responsibility of the Buyer upon the completion of payment, and Buyer assumes all risk of loss and damage to the property until it is removed from the sale premises.

Removal of purchased items shall be at the expense, liability, and risk of the Buyer. Items can be removed upon presentation of paid receipt to Auction Company staff.

Owner/Seller and Auction Company agree that items may remain on the sale premises for a period of time following the sale. The date by which all items must be removed from the premises is posted on an auction-by-auction basis. 

All purchased items not collected by Buyers during removal times will be considered abandoned. No abandonment of purchased items is permitted. Buyer will be responsible to pay the full cost of removal or disposal of abandoned items. Auction Company shall not, in any event, be liable for non-removal or abandonment or for any other matter to any Buyer of any item.

AUCTION COMPANY DOES NOT DELIVER OR SHIP ITEMS.

Auction Company does not lend, lease, or borrow any equipment for purposes of loading equipment nor does the Auction Company and its staff assist in the removal of items from the premises.

 No Liability and No Warranty

Auction Company assumes no liability for a Buyer's purchases. Buyer assumes and does agree to indemnify, defend, and hold the Auction Company, its employees, and the Owner/Seller, harmless from any future claim that shall pertain to the fitness, condition, or use of the auction item being purchased. 

Persons attending during exhibition, sale or removal of items assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability thereof. Neither the Auction Company nor its principal or Owner/Seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. 

Bidder/Buyer accepts responsibility for and agrees to indemnify, defend, and hold harmless the Auction Company, its employees, and the Owner/Seller from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses related to, arising from, or associated with Bidder/Buyer’s use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transportation of any auction item.

Auction Company does not guarantee continuous, uninterrupted or secure access to its services, and operation of the online auction side may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auction Company reserves the right to void any sale, temporarily suspend bidding, and re-sell any items that were affected by any malfunction.

William Wilson Auction Realty is in complete accordance with Indiana statutes and Indiana Administrative codes, Title 25, Title 812, Department of Revenue Tax Bulletin #20, and Reference IC 6-2-4. 

Employee Bidding

Employees of Wilson Auction and Realty, Inc. may bid at any auction if it is their intent to purchase an item.  

Contacting Auction Company

If you have any questions about this Terms of Use Agreement, the practices and policies of this Site or your dealings with this Site, you can contact:

Wilson Auction and Realty, Inc.

(812) 682-4000