ONLINE AUCTION TERMS & CONDITIONS

INSPECTION TIMES:

Friday, June 11, 2021 12:00 NOON - 3:00pm

PICKUP:

Wednesday, June 16, 2021 3:00pm - 6:00pm

No shipping, All items must be picked up in person and you must bring your own help to load.

TERMS & CONDITIONS ON PERSONAL PROPERTY: Cash, Cashier’s check, wire transfer or good check with proper ID, day of auction. NO BUYERS PREMIUM. ALL BUYERS NOT KNOWN BY KESSLER AUCTION & REALTY CO. MUST HAVE A BANK LETTER OF GUARANTEE ADDRESSED TO KESSLER AUCTION & REALTY CO. OR CERTIFIED FUNDS. Notice: Any announcement made by the auctioneer will take precedence over any printed material or oral statement. In an auction sale, all property is sold As Is, Where Is with NO warranty expressed or implied by the sellers or the auction company. The information in all advertising is believed to be correct but is not guaranteed. It is the responsibility of each potential bidder to make their own Inspections or investigations and to bid on their judgment of value. All buyers should avail themselves of the opportunity to make an inspection prior to the auction ending time & date. This auction is subject to all Terms and Conditions herein, so please read all the Terms & Conditions. SALES TAX: All items are subject to 6% Kentucky Sales Tax of total sales price (bid price + buyers premium), unless you have a valid KY Resale number and fill out the certificate.

All property is sold in an “AS IS” “WHERE IS” condition. ALL SALES ARE FINAL. As a bidder registering for this auction, you agree that you have read and understand the terms and conditions of the auction. You are purchasing items at this auction and they are being sold “as is” without any warranty written or implied. You also by registering for this auction certify that you understand that this merchandise CAN NOT be returned for credit on your charge card or for any other kind of credit or exchange and you agree that there will be no charge backs. ALL SALES ARE FINAL!

NOTE: The right is reserved to hold any item until funds can be verified. All items are sold “AS – IS” with no warranties, or guarantees expressed or implied.

1. Your computer will automatically refresh with new bids. You do not need to refresh your webpage. Refreshing may cause a delay in your bidding experience due to the reloading of the entire page. By registering for this auction, you agree to receive emails or text messages of outbid notifications, updates or regarding upcoming auctions.
2. Auction Ending:

Kessler Auction & Realty Co. Inc. Online Auctions are timed events and all bidding will close at a specified time. Kessler Auction & Realty Co. Inc., Online Auctions also have an automatic extend feature. Any bid placed in the final five (5) minutes of an auction, the auction ending will be automatically extended five (5) minutes from the time the bid was placed. Example: If an auction scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend to 6:04. The automatic extend feature remains active until no further bids are received within a five (5) minute time frame. The extension time normally applies to individual lots only.

3. Property Information & Inspection: Kessler Auction & Realty Co. Inc. has attempted to provide accurate descriptions of all items in the auction. However, it is the bidder's responsibility to inspect the item and determine the condition of each lot. Descriptions that are provided by Kessler Auction & Realty Co. Inc. are provided in good faith and are matters of opinion. All descriptions have been gathered from sources which we believe to be reliable, but are not guaranteed. The auctioneer makes no warranty or guarantee of any kind with respect to condition, authenticity, source, condition, fitness for a particular use, or any other condition. The auctioneer reserves the right to modify, change or delete any item or lot or the description in the auction as may be necessary. Kessler Auction & Realty Co. Inc. is not responsible for any missing or incorrect listing information. The only recourse for the buyer of an item or items that are missing or damaged prior to pick up is not paying for the item.

If the pictures and descriptions do not match, contact john@kesslerauction.com or jwk@kesslerauction.com or call 270-465-7051 to report the auction and item number. There may be other items in the background of pictures that are not included. Kessler Auction & Realty Co. is not responsible for mismatched pictures on the wrong lot number.

4. Outbid Notification:

Until the auction begins to close, the bidding software will notify bidders by email or text when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to different internet connections and speed, please place a max bid or constantly monitor the auction at close of bidding. Email notifications can be delayed.

5. Auctioneer's Discretion:

Kessler Auction & Realty Co. Inc. shall have full discretion to modify the date and time, order, and details of the auction, of any item or the conduction of the auction for any reason or for no reason, including but not limited to technical issues, emergencies, and convenience of Kessler Auction & Realty Co. Inc. or the seller.

6. Sold “As Is Where Is”:

Kessler Auction & Realty Co. Inc. and the seller, are selling all auction items to buyers “As Is”, unsupported, without any warranty of any kind. Kessler Auction & Realty Co. Inc. and the seller disclaim all warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular use. All items are sold in their actual current condition, with all faults and defects, and with all errors of description. Kessler Auction & Realty Co. Inc. liability to a purchaser will never exceed the purchase price actually paid for an item.

Bidders / buyers accept all auction items "with all faults", whether or not immediately apparent. Bidders are responsible for ascertaining the actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.

Kessler Auction & Realty Co. Inc. reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Kessler Auction & Realty Co. Inc. reserves the right to resell any item that is not paid for in full by the conclusion of the stated pickup date. In any such event, the bidder will still be responsible for payment for the original purchase price and the costs of collection of this payment and/or damages resulting for the resale of the property. Kessler Auction & Realty Co. Inc. reserves the right to change bidders' username and or password for any reason deemed necessary by Kessler Auction & Realty Co. Inc.

Kessler Auction & Realty Co. are agents for the seller. Buyer and or Bidder agrees to hold harmless and indemnify Kessler Auction & Realty Co. Inc. and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.

Payment must be made before item(s) are removed by the specified date on the auction advertisement. All sales are final. There are no returns, refunds, or adjustments. Kessler Auction & Realty Co. Inc. accepts the following forms of payment: Cash, Cashiers Check, Wire Transfer, personal check with proper ID.

7. Server And Software Issues: In the event there are technical difficulties relating to the server, web site, software or any other auction related technology, Kessler Auction & Realty Co. Inc reserves the right to change the closing date or time, to extend or continue the bidding, or to close the bidding or auction at their discretion. Kessler Auction & Realty Co. Inc nor the company providing the software shall be responsible for a missed bid, or for the failure of the software to operate properly for any reason.

8. Auction Cancellation:

Kessler Auction & Realty Co. Inc reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.

9. Bidder Verification:

The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Kessler Auction & Realty Co. Inc will reject the registration, and bidding activity will be terminated. The Seller and Kessler Auction & Realty Co. Inc reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness or capability of closing.

10. Bidder Responsibilities:

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. The auctioneers have the right to gather information from the web site which may include but is not limited to: page visitors, most viewed pages, and any and all correspondence. The auctioneers and their employees and or Kessler Auction & Realty Co. Inc may bid on items in this auction.

11. Personal Property Pickup:

All items, must be picked up from the address listed on the auction, as well as the date listed, once Kessler Auction & Realty Co. Inc has received and acknowledged payment in full. Items will not be released to buyers until payment is made in full to Kessler Auction & Realty Co. Inc. Buyers are responsible for rigging, loading, and moving all items purchased without assistance from Kessler Auction & Realty Co. Inc. If you are the winning bidder on large items, please bring help and equipment to load the item.

12. Default: If purchases are not settled by the specified pick up day, it will be considered in default. Upon default the bidder may be blocked from bidding on Kessler Auction & Realty Co. Inc auctions in the future, and may be charged ten percent (10%) of bid price or $500.00, whichever is greater or the credit card used to register may be charged for the purchase. All defaulted items may be offered to any qualified bidder at the discretion of Kessler Auction & Realty Co. Inc. Any ltem / lot that is not picked up from the auction site within 15 days will be discarded or resold with proceeds retained by the auctioneer. The bidder agrees to pay all reasonable attorney fees and other costs incurred by Kessler Auction & Realty Co. Inc in its efforts to collect unpaid funds from the bidder. bidder agrees that a fee of two percent (2%) of the outstanding balance per month will be added to any unpaid balance due Kessler Auction & Realty Co. Inc. Any dispute will be tried in a court of jurisdiction in Taylor County, Kentucky.

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

13. Limitation of Liability:

If, for any reason, Kessler Auction & Realty Co. Inc. is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase at time of pickup, the sole liability of Kessler Auction & Realty Co. Inc. if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.

14. Guaranty Agreement:

By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Kessler Auction & Realty Co. Inc. of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.

15. Disputes:

Any dispute between Kessler Auction & Realty Co. Inc., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Taylor County, Kentucky. By bidding on any item, buyer agrees to all terms and conditions set forth.

16. Age Requirement:

All bidders must be eighteen (18) years of age or older.

17. Firearms Regulations:

Bidders must abide by any local, state, or federal laws set forth on any firearm purchases.

18. Bidding Notes & Bidding Increments: If the starting bid and the asking bid are the same, then a bid has not yet been placed on that item.
19. The auctioneers, and any employee of Kessler Auction & Realty Co., Inc. shall have the right to bid on or purchase any items / lots in this auction. Any lien holder or an individual party to a divorce, partnership, trust, corporate dissolution, or an individual heir to an estate, including the executor or administrator, or any trustee of a trust, shall have the right to bid and buy individually as long as they comply with the terms and conditions of this auction.
20. Bidding Increments:

$0 - $20 = $1.00 Increment

$20 - $50 = $2.50 Increment

$50 - $100 = $5.00 Increment

$100 - $500 = $10.00 Increment

$500 - $1,000 = $25.00 Increment

$1,000- $5,000 = $50.00 Increment

$5,000 - $15,000 = $100.00 Increment

$15,000 – up = $250.00 Increment

If you placed a bid for a certain dollar amount, then notice that another bidder has the current winning bid for the same dollar amount, it is because the other bidder had previously placed a "max" bid for the same amount. The situation indicates the winning bidder had actually placed the "max" bid prior to your bid but the bid had not yet been forced higher by competing bids. Your bid caused the winning bidder's bid to escalate to the bidder's "max" bid. The previously placed “max” bids will take precedence over other incoming bids.

NOTICE: IMPORTANT/PLEASE READ: The auctioneers and/or a Kessler Auction & Realty Co. Inc., representative have the option of reopening the bidding for any item/items if they deem a computer or electronic malfunction prevented a potential or existing bidder(s) from placing bids. Even though a bidding time may have ended and the computer screen may show the bidding is "CLOSED". The auctioneers and/or a Kessler Auction & Realty Co. Inc., representative may reopen the bidding at their sole discretion.