Re: Bridgeport,Ne Auction

Posted by newfarmer9 on February 29, 2008 at 13:27:12 from (74.210.36.33):

In Reply to: Bridgeport,Ne Auction posted by Blksmok on February 29, 2008 at 12:25:01:

Here are the general terms and conditions, as copied right from the Kruse website. I found #3 to be particularly interesting...

1. All articles are sold "AS IS WHERE IS" and with no warranties or guaranties of any type either expressed or implied made by Kruse, Inc., dba Kruse International, hereinafter called "Kruse". Any warranties made by the Seller must be in writing on an instrument separate from the Purchase Invoice and Bill of Sale and signed by both the Buyer and the Seller. In no event shall Kruse, the auctioneer, any employee, agent or associate of Kruse be responsible or liable for such warranties, guarantees or the geniuses or description of any article offered for sale.

2. All statements printed in Kruse catalogues, ads, brochures, signs and car cards as well as verbal statements made by the auctioneer or staff, have come from the Seller and are accepted as reliable. Kruse assumes no responsibility or liability for representations made by Sellers and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogues, ads, brochures, signs and car cards.

3. Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller. When an article is sold with reserve, the auctioneer may bid on the Seller's behalf in an amount not to exceed the reserve price.

4. Payment of funds due Buyer from any other transaction may, at Kruse's discretion, be withheld from Buyer and applied to other purchases made by Buyer. Payment shall be made directly to the Seller from the Buyer the same day as the sale within one hour of the purchase by the Buyer. All payments must be made with good funds which are defined as cash, cashier's checks, traveler's checks or personal/company check backed by an irrevocable bank letter of guarantee stating the amount to be honored by the bank. Drafts are not acceptable. No article can be removed from the premises before making settlement. Title for any titled article purchased may be withheld until Buyer's funds clear the Seller's or Kruse's bank account. All cash payments will be reported to the Federal Government subject to applicable law.

5. All articles shall be removed from the sale area by the Buyer at Buyer's expense immediately following the sale, and if not so removed, Kruse may remove the article with all costs of moving and storage to paid by the Buyer.

6. If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Buyer, in addition to other remedies available by law to Kruse and/or the Seller (including the right to hold the Buyer liable for the bid price), Kruse and/or Seller at its option may do either of the following: (1) Cancel the sale and retain as liquidated damages all payments made by the Buyer, or (2) resell the article on 5 days written notice to the Buyer at a private or public sale for the account of and at the risk of the Buyer, and in such event the Buyer shall be liable for any deficiency plus all costs for such reselling, including moving and storage and the entry fees and commissions for both the first and second sale and all reasonable attorney fees and court cost incurred.

7. All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference.

8. If any check given in payment is dishonored for any reason (including but not limited to insufficient funds, stop payment or the like), Buyer agrees, whether such check is signed by Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney fees incurred, together with all court costs and associated expenses in the event suit is instituted.

9. If Buyer sues Kruse and does not prevail, Buyer will reimburse Kruse for all reasonable legal fees and expenses connected with such suit.

10. Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting form Buyer's failure to qualify as exempt from such taxes. Buyer also agrees to pay theBuyer's Premium and other any applicable fees.

Replies:

• Re: Bridgeport,Ne Auction 730virgil 15:13:11 02/29/08 (2)
  • Re: Bridgeport,Ne Auction Mike (WA) 08:18:50 03/01/08 (0)
  • Re: Bridgeport,Ne Auction Eddie M 15:21:37 02/29/08 (0)

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