ONLINE AUCTION TERMS AND CONDITIONS

Swank Farms Auction
Auction Located in Troy, Ohio

VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE. 
TERMS AND CONDITIONS CAN CHANGE DEPENDING ON THE CIRCUMSTANCES OF EACH SALE. 
IT IS VERY IMPORTANT TO REVIEW THE TERMS BEFORE PARTICIPATING IN ANY AUCTION!

•Preview Date/Location: Monday, March 4th, 2024 from Noon- 3:00 P.M. @ 2537 Nashville Rd. Troy, Ohio 45373
Livestock operation is still functioning. PLEASE only inspect equipment on day of preview. NO EXCEPTIONS!!!!
*****Physical previews are an excellent option to inspect items before bidding. 

•Auction End Date and Time: Tuesday, March 5th, 2024 @ 2:00 P.M. EST Utilizing the extend one extend all bidding platform
******IMPORTANT- SEE NOTES BELOW

•Auction Pick-Up Date/Removal: Friday March 8th, 2024 from 10:00- 2:00 P.M. by appointment.
All methods of lifting, towing, and or hauling are the BUYERS responsibility. The final day of removal IS THE SCHEDULED PICK-UP DATE LISTED IN THE AUCTION, unless stated otherwise. Any and all property not removed by the Buyer OR without other previous arrangements made will revert back to the Auctioneer/Seller, and may be resold at auction or disposed of in any other manner that seems to be suitable.
Before bidding be sure to have plenty of assistance and or the required equipment at the designated pick-up time and location to remove your items.  

******Please respect our guidelines and our staffs time. Any items remaining after the designated pick-up time or without previous arrangements made will be forfeited! 
  
•Buyers Premium: Sliding Scale $0 -5,000.00 = 10%; $5,001.00 - 50,000.00 = 8%; $50,000.00 - beyond = 6% 
*BUYERS PREMIUM: A buyers premium, an advertised percentage of the high bid or flat fee added to the high bid will be added to the high bid and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyers premium.

•Payment: 
You will receive an invoice after the auction ends with confirmation of items won with the purchase total plus applicable buyers premium.  If you do not receive an invoice, please check the dashboard under "PROFILE"-"INVOICES"
You must present this invoice at Pick-Up, Digital copies are acceptable. 
Cash, local check made payable to Vondenhuevel Auctioneers LLC, and Wire Transfer will be accepted as payment. Out of State buyers will need to Contact the office at 937-492-1078 for wire transfer information. Credit cards accepted up to $ 2,000.00 with a 5% Fee. No equipment will be removed until funds have cleared.
Cash Payments over $ 10,000.00 will be subject to completion of IRS Form 8300.
NOTE: All checks over $ 5,000.00 MUST be accompanied by a bank letter of Guarantee. Cashiers will be available for you to pay for your items. If paying in Cash please bring exact change. 
Any check returned due to insufficient funds shall incur a $ 50.00 fee and will be turned over to the Miami County Sheriffs Department for Collection.
After paying for your item(s), you will be given a paid receipt then you may proceed to load or remove your item(s). 
In the event payment has not been received by conclusion of the pick-up time YOUR credit card will be charged for your purchase(s), plus buyers premium(s), and convenience fee.

****************ALL OF OUR ONLINE AUCTIONS FEATURE BOTH A MAX BID OPTION AS WELL AS A SOFT CLOSE.

This auction uses Extend-All Bidding!  If there are ANY bids on ANY item within 5 minutes of the auction closing, ALL items will extend for ANOTHER 5 minutes until ALL bidding has stopped.  This means that some items will continue to stay open even if there hasn't been a bid within the last 5 minutes.  This gives bidders that have been outbid an opportunity to bid on other items before they close.   **If auction is extended past 30 minutes, then extension times will decrease to 3 minute extension times. If auction is extended past 1 hour, then extension times will decrease to 2 minute extension times.
Sales Tax: No Sales tax for this auction  

GENERAL TERMS: The auction will be conducted by Vondenhuevel Auctioneers LLC on behalf of the owners of the property, referred to as the Seller. Auctioneer is not responsible for the acts or representations of Seller. The auction shall be governed by the terms set forth herein (the agreement), and any additional terms and conditions that are posted concerning the specific property. The Agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and Seller/Auctioneer. The term Bidder or Buyer shall include, but not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties. Auctioneer reserves the right to periodically change the terms and conditions of the Agreement, which shall be effective immediately upon posting. It is the Bidders responsibility to review any and all changes made to these terms and conditions prior to bidding on property. The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement. All persons attending, inspecting or removing property assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer from all liability. Auctioneer is not liable by reason of any defect in, or condition of, the property or the premises on which the preview/sale is held. Auctioneer is released for any claims to actual damage to the property sold and or consequential damages that may result from the sale of defective property. 

DISCLOSURES: NO WARRANTY: There is no warranty offered, expressed or implied, by Vondenhuevel Auctioneers LLC or Sellers for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. 

ALL SALES ARE FINAL! All information provided is believed to be correct but NO warranty as such is either expressed or implied, including but not limited to the merchantability or fitness for a particular purpose. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended. Auctioneer reserves the right to add or withdraw property from the auction, and or regroup items. Auctioneer reserves the right to sell property absolute or with reserve, at Sellers discretion. The Seller does have the right to make the final bid and the Auctioneer does have the right to bid on behalf of the Seller. The auctioneer reserves the right to open the bid if a technical issue arrises. Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. All titles will be assigned to buyer. NO OPEN TITLES.

BIDDER REGISTRATION: Bidder must be 18 years of age or older, and are required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number-ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable. 

BIDDING: Bidder must register to participate in the auction. Read the descriptions of each lot and view photographs carefully. If you have any questions call 937-492-1078. If you visit the viewing location, please personally inspect the property on which you intend to bid during the date(s) indicated in the details per item. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold AS-IS this is an AUCTION and all SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. Upon sale of property, identifying information and purchase amount will be posted for a designated period of time. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final.
 

CHOICE OF LAW: The law of the State of Ohio governs this agreement and any dispute arising from the terms of this auction shall be brought in a court of Shelby County Ohio.

ONLINE BIDDING INFORMATION

Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you in regard to bid confirmations and or outbid notifications.

Thank You for participating in this auction.

•Auction Pick-Up Date/Removal: Friday, March 8th, 2024 from 10:00- 2:00 P.M. by appointment.