Personal Property Terms of Sale
TERMS: Please read all terms of the auction carefully!! Registering to bid with Mickey Duckett Professional Auctioneers & Appraisers, LLC forms a legal binding contract. All disputes will be arbitrated and settled in the City of Ozark, Christian County, Missouri.
DEFAULT: Any purchases not paid for within 3 days of the close of the auction will be in default. At the time of default, the bidder will be black listed with Mickey Duckett Professional Auctioneers & Appraisers, LLC and MarkNet Auctions. Defaulters will be charged 30% of the total bid price or $500.00, whichever is greater, and the items will be forfeited to Mickey Duckett Professional Auctioneers & Appraisers, LLC. ANY items remaining on the auction site after pickup will be considered forfeited and will become the property of Mickey Duckett Professional Auctioneers & Appraisers, LLC. NO REFUNDS WILL BE GIVEN. All items that have to be hauled from the auction site will be subject to a $25.00 per item hauling fee to be paid to Mickey Duckett Professional Auctioneers & Appraisers, LLC.
DUE DILIGENCE: It is the responsibility of each bidder to perform their own due diligence. Bidders who bid online and do not attend the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Mickey Duckett Professional Auctioneers & Appraisers, LLC shall endeavor to describe in detail each item and any pertinent information about it. Mickey Duckett Professional Auctioneers & Appraisers, LLC will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold AS IS and that they may not return any item they purchase. ALL SALES WILL BE FINAL. No credit card charge-backs will be allowed. All items may only be removed with proof of payment in full. All announcements the day of sale take precedence over any/all printed or internet materials. Mickey Duckett Professional Auctioneers & Appraisers, LLC are not responsible for accidents or articles after sold and does not guarantee the accuracy of information obtained from outside sources.
CHANGES/CANCELLATIONS: Mickey Duckett Professional Auctioneers & Appraisers, LLC reserves the right to add or remove items; split or combine lots; add reserve prices; cancel, suspend, extend or reschedule an item or auction; or to make changes to inspection, closing, and pick up/removal times.
BUYER'S PREMIUM: A 10% Buyer's Premium will be charged on each purchase.
TITLES: Titles, if applicable, will be disbursed on auction day only if payment is made in cash; otherwise they will be processed and mailed 14 business days after auction contingent upon confirmed payment.
AUCTION REGISTRATION/PARTICIPATION: A valid credit card will be required on all bidders to enable registering and participation. Only Visa or Mastercard will be accepted. 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.
PAYMENT REQUIREMENTS: All transactions to be conducted in US Dollars. All accounts must be paid in full at the conclusion of the auction or at pick-up. Accepted forms of payment are: VISA, Mastercard, Cash, Cashier's Check, Wired Transfer and only In-State Personal Checks. A 3% convenience fee will be charged for all credit card transactions. A $35.00 convenience fee will be charged for all Wire Transfers. Payment must be made prior to loading items. A $45.00 Non-Sufficient Funds fee will be charged on each transaction.
ITEM PICK-UP: Proof of full payment for items is required. Any items left after the specified Pick-Up date will be considered forfeited. It is the Buyer's responsibility to dismantle or disconnect any/all furniture, equipment, etc. Please bring packing and moving materials as none will be provided.
SHIPPING: Auction company can help in arranging the shipping of small items using either USPS, or FEDEX. The Buyer will be solely responsible for remitting payment for any/all shipping costs directly to the Auction Company including: pick-up fees, postage fees, packing, handling, tracking & insurance, crating fees and any other associated costs. Packing, shipping and insurance costs will be quoted before shipping, if possible. Your credit card will be charged separately for the cost of shipping materials and shipping.
WARRANTY & CONDITION: All property is sold 'AS-IS Where-Is' Condition, and ALL SALES ARE FINAL. Property is open to thorough public inspection on inspection date. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Mickey Duckett Professional Auctioneers & Appraisers, LLC may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Mickey Duckett Professional Auctioneers & Appraisers, LLC 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. Buyer should be aware that there will be several people that may handle each item & firearm during the preview. 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.
CATALOG DISCREPANCIES: You are bidding on the described item, not the photograph. Occasionally the wrong photo may be displayed so ALWAYS READ THE DESCRIPTION. For demonstration purposes some items could be joined together. DO NOT ASSUME A LOT CONSISTS OF MORE THAN ONE ITEM just because they are connected or photographed together. Please read the description and lot numbers. 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.
PAY ATTENTION: Everyone wants a good deal. 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. BUT when you bid on the wrong item or you decide an item is not what you thought, our clients or Auctioneer will not honor or assume the cost of your mistake! It is your responsibility to know the item you are bidding on.
LEGALITIES/DISPUTES: Mickey Duckett Professional Auctioneers & Appraisers, LLC is providing Internet bidding as a service to Bidders. Bidder hereby acknowledges that occasional interruptions of Service may occur from time to time for reasons beyond of the reasonable control of the Online Bidding company, including, without limitation, problems with telecommunications lines or Internet service and that such interruptions of service shall in no event be a cause for any liability or claim against either party hereto, nor shall any such occasion render either party hereto in breach of this agreement or any auction scope of work. Bidder acknowledges that notwithstanding anything to the contrary contained in this agreement, neither party hereto shall have any liability to any other party hereto for any losses resulting from any failure or delay in performance if such failure or delay is caused in whole or in part by an act of God, civil disturbance, acts of terror, court order, labor dispute, fire, system failure or other cause beyond its reasonable control including, without limitation, failure, outages, delays or fluctuations in electrical power, telecommunications service or Internet service; or special punitive, indirect, incidental or consequential damages, including, without limitation, damages for lost revenues, lost profits or lost opportunities, even if such damages were foreseeable. Mickey Duckett Professional Auctioneers & Appraisers, LLC 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 ends. The Bidder agrees that any action, arbitration, award, claim, complaint, cost, damage, deficiency, demand, expense, indemnity, injury, judgment, liability, loss, obligation, penalty, and suit of every kind will be exclusively construed and governed in accordance with THE LAWS OF THE STATE OF MISSOURI, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any claim or controversy between the party’s is CITY OF OZARK, CHRISTIAN COUNTY, STATE OF MISSOURI. Mickey Duckett Professional Auctioneers & Appraisers, LLC at their discretion, reserves the right to terminate, or postpone to a later date, any online auction.
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.
Purchaser agrees to hold harmless and indemnify respective directors, officers, members agents, and/or employees against action, arbitration, claim, cost damage, demand, injury, judgment, liability, loss, obligation, and/or suit of every kind, including attorney’s fees and costs of defense, caused by or related to, any act, breach, default, error, omission, performance, work, or wrongdoing attributable to the indemnifying Auctioneer or its agents, assigns, attorneys, broker, contractors, directors, employees, invitees, licensees, members, officers, representatives, or successors in interest, and which arises out of this contract or the related dealings.
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.