Auction Terms and Conditions

Auction Terms & Conditions Auction Terms & Conditions Special Terms This auction is protected by Unified User Agreement unless specific terms are stated below. By bidding in this auction, prospective bidders agree to be bound by the following: Standard Terms and Conditions 1. Defined Terms. a. “Buyer” means any individual, entity, or organization that bids on any item for Sale. b. “Sale” means an online or in person auction facilitated by Madalyn, LLC. c. “Madalyn” means Madalyn, LLC. d. “Customer” means a person or entity that contracts with Madalyn to perform a Sale on Customer’s behalf. 2. Requirements for Participation in Sale. a. Registration. To register for an auction a Buyer must deposit cash, a wire transfer, a major credit card, a letter of credit, or a wire transfer, or other certified funds approved by Madalyn. Online Buyers must provide Madalyn with a valid major credit 24 hours before the start of the Sale. b. Authorized Rep. to Guarantee Payment. The authorized representative of any corporate Buyer who participates in the Sale shall provide Madalyn with a statement signed by a principal, director or officer certifying that he or she shall personally guarantee any payment due to Madalyn. This may be waived by Madalyn in writing. c. Buyer’s Fee & Sales Tax. Unless a different Buyer’s Fee is posted, a “Buyer’s Fee” of 18% shall be added to all purchases and where applicable, sales tax shall also be added. 3. Valuation of Items. The Buyer’s determination of its bid is based upon its own examination of the item, and not in reliance on any representations made by Madalyn or third-parties online or elsewhere. BUYER IS RESPONSIBLE FOR THE VALUATION OF ALL ITEMS PURCHASED. Furthermore, Madalyn makes no guarantees to Customer that any item will sell, or sell for a price desired by Customer. 4. Errors in Bidding. Madalyn is not responsible for bidding errors made by Buyer. A Buyer shall bid on the correct item\lot and shall be certain that the bid is an amount (plus the Buyer’s Fee) that the Buyer is willing and able to pay. 5. Errors in Sales Listings. Madalyn is not responsible for any errors in the listing of any item available at a Sale. Customer is responsible for ensuring all listings accurately reflect the items. Owner/Seller Reserves the right to end the sale at anytime. Owner/Seller reserve the right to withdraw items from the sale at any time before, during or after bidding is complete. In the event of removal after bidding is complete, the high bidders sole remedy shall be the refund of the amount actually paid if payment has been made. 6. All Sales Final. Once Madalyn has announced the winning Buyer, said Buyer is unconditionally bound to pay for the item and Buyer’s Fee. ALL SALES ARE FINAL AND ALL ITEMS ARE SOLD “AS IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND, PROVIDED BY Madalyn. 7. Payment by Buyer. All amounts due are denominated in United States Dollars unless otherwise noted. By participating in any Sale, Buyer personally and unconditionally guarantees payment to Madalyn. Further, Buyer shall not initiate a charge-back on his or her credit card after payment has been made to Madalyn. a. United States Based Buyers. Payment for items purchased by US based Buyers is due upon completion of the Sale. Payment must be made with credit card, cash, or cashier’s check. Unless otherwise agreed, Madalyn shall charge Buyer’s Card On File automatically upon completion of the Sale. b. International Buyers. Payment for items purchased by internationally based Buyers is due 24 hours following completion of the Sale. Payment must be made with credit card, or pre-approved wire transfer. Unless otherwise agreed, Madalyn shall charge Buyer’s Card On File automatically upon completion of the Sale. If Madalyn must call or otherwise contact Buyer to complete payment, Buyer agrees to pay an additional fee of 5% of the gross sales price to Madalyn. If any Credit Card offered by Buyer is declined, a fee of $10 per card declined will be paid by Buyer to Madalyn. If any check offered by Buyer is not honored, an additional fee of $50 will be paid by Buyer to Madalyn. Buyer is responsible for attorney’s fees, court costs, disbursements, and expenses associated with Madalyn’s collection of outstanding invoices from Buyer. Any amounts not timely paid shall accrue interest at the rate of 1.5% per month until paid. There will be a $25.00 non-refundable wire fee for all payments made via wire transfer. 8. Payment by Customer. All amounts due to Madalyn are payable immediately upon completion of the Sale, or as otherwise agreed upon between Customer and Madalyn. Customer agrees to pay all amounts requested by Madalyn, including but not limited to: commission, cancellation fees, lost commission & profits, attorney’s fees, and all other costs incurred by Madalyn. 9. Pick Up & Shipping. Buyer shall pick up and remove all items during the scheduled removal times. If Buyer fails to do so, all items left behind shall be considered abandoned and Madalyn shall not be liable to Buyer in any way. Buyer is responsible for organizing any shipping arrangements for delivery of purchased items. The Buyer is solely responsible to provide any personnel, equipment or material needed to pick up and remove all purchases. This includes removing any items that may be attached to walls, floors, ceilings, other equipment or similar. The Buyer shall also be responsible to ensure proper capping of all water, gas and/or power disconnections, and full financial responsibility for any damage or liability to persons or property resulting from any negligent acts or omissions or those of your employees, agents and/or contractors during pick-up and removal. 10. Lost or Stolen Items. Madalyn shall not be responsible to Buyer or Customer for any lost or stolen items. 11. At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. While Unified User Agreement prohibits this behavior, in accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.

BIDDER USER TERMS

These Bidder User Terms (these "Bidder Terms") govern your access to and use of our Services as a Bidder. The Services can be accessed through https://www.auctiontime.com, https://www.equipmentfacts.com, and https://www.HiBid.com. These Bidder Terms, shall be incorporated into the Terms of Use For AuctionTime, EquipmentFacts and HiBid, located here, and are collectively referred to herein as the "Terms." All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the Terms of Use For AuctionTime, EquipmentFacts and HiBid.

  1. Bidder Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as Bidder.
  2. Listed Item(s). We are not the owner, seller or auctioneer of the Listed Item(s) on our Sites. We do not inspect Listed Item(s), validate a Seller's ownership of or authority to sell Listed Item(s), or provide any representations or warranties concerning Listed Item(s). Bidding on the Listed Item(s) is conducted at your own risk, and any resulting transaction for Listed Item(s) is solely between you and the Seller. We do not supervise, direct, or control Sellers. You understand and agree that we will not be liable for Listed Item(s) that you bid on, the acts or omissions of Sellers, or for any proposed or completed transactions between you and a Seller. You understand and agree it is your responsibility to verify all claims of the Seller.

    We are not in the business of the selling or buying of any Listed Item(s) on a commission basis. We do not take any Listed Item(s) on consignment. All transactions and the terms of any agreements that may occur between Sellers and Bidders or users of our Site or Services are determined solely through Seller and Bidder, user to user interaction and agreement. We are not acting as an employee, agent, representative, broker, dealer, marketing agency, or marketing agent of any Seller, Bidder, or user of our Site or Services. We do not produce, handle, hold, ship, feed, process, distribute, transport, deliver, or take possession of any Listed Item(s) at any time. We do not collect, handle or remit any money, payments, checkoff fees, receivables or proceeds from any transaction that may occur between Sellers and Bidders for the sale or purchase of livestock, poultry, or any other type of animals or any users of our Site or Services concerning the sale or purchase of livestock, poultry, or any other type of animals. We are not registered with the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration Packers and Stockyards Program, pursuant to the provisions of the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.). We are not bonded for the protection of Sellers or Bidders or any user of our Site or Services.

  3. Auction Information and Bidder Inspections. The auction dates, information, descriptions and prices for Listed Item(s) are determined by the Seller and may be subject to change. Listed Item(s) may be used and may contain defects. We do not inspect or confirm the condition of the Listed Item(s). We do not verify the accuracy of, or control, the information and details provided by Sellers concerning the Listed Item(s). We do not guarantee that Sellers have or maintain proper bonds or any bonds which Sellers may be required to maintain pursuant to applicable laws, rules, and regulations including but not limited to bonds required by the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.) or any other laws requiring bonds for the sale of livestock or purchasing of livestock. We also do not guarantee that Sellers have or maintain proper auctioneers' licenses or any other licenses or registrations required by applicable laws , rules or regulation, or that Sellers comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of Listed Item(s) prior to bidding on and receiving Listed Item(s). We are not responsible for any errors or omissions in the content of any Listed Item(s). We reserve the right, in our sole discretion, to (i) withdraw any Listed Item(s) from our Services; (ii) amend the information in a Listed Item; or (iii) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.
  4. Additional Terms Posted by Seller. A Seller may post additional terms and conditions for their Listed Item(s) (the "User Posted Terms"). User Posted Terms are between you and the Seller and are separate from these Terms. You are solely responsible for reading and understanding any User Posted Terms prior to placing a bid on such Listed Item(s). We do not create, review, negotiate, or enforce User Posted Terms. If you do not agree to the applicable User Posted Terms, you should not place a bid on the Listed Item(s).
  5. Additional Fees by Seller. In addition to the price of Listed Item(s), Sellers may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the Listed Item(s).
  6. Additional Seller Registration. A Seller may require a Bidder to separately register with it prior to bidding on the Seller's Listed Item(s), and may permit or deny the additional registration at its sole discretion.
  7. Transportation and Risk of Loss. We are not responsible for the care, loading, transportation, delivery or risk of loss for any Listed Item(s). We are not responsible for the risk of loss of Listed item(s) due to injury or death of the Listed Item(s) at any time. Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for compliance with all laws and regulatory requirements applicable to the transportation of the Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Listed Item(s). These costs may include feeding, watering, dismantling, special handling, loading, transportation costs, and permits required to move the Listed Item(s) to the Bidder's desired location. You should confirm transportation, delivery and risk of loss information with the Seller and your designated transportation provider. Additionally, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid will be responsible for obtaining and providing all health certificates, health documentation, and testing required for the shipment and transportation of the Listed Item(s). Furthermore, except as otherwise fully set forth in User Posted Terms, the Bidder with the winning bid shall be responsible for complying with all health entry requirements for the Listed Item(s) for the state of entry. In no event shall we have any responsibility for the transportation of Listed Item(s) or for any risk of loss or liability related to Listed Item(s).
  8. Bidding. You understand, acknowledge and agree that:
    1. When you submit a bid using our Services, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on our Site, it may not be retracted. If you have the winning bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.
    2. By using our Services to bid on Listed Item(s), you grant us permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, etc.) and other information that you provide to us.
    3. You may place a max bid on Listed Item(s). When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time.
    4. Auctions may have time extensions. If a Seller elects to use a time extension for Listed Item(s), the bidding period on the Listed Item(s) may be extended when a higher bid than the then-current top bid is placed prior to expiration of that auction. The bidding period will continue as long as such higher bids are being placed within the time extension designated by the Seller.
    5. Sandhills reserves the right to withdraw, postpone, or cancel any Listed Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
    6. Sandhills reserves the right to void a bid that you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services.
    7. The Seller is conducting the auction and makes the sole and final determination with respect to the sale of Listed Item(s).
    8. WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
  9. Prohibited Bidder Conduct. Any deliberate attempt to artificially influence the sale price of any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Item(s) that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.
  10. Additional Bidder Indemnity. In addition to the indemnification provisions set forth in the Terms of Use For AuctionTime, EquipmentFacts and HiBid, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) arising out of or resulting from any injuries to persons or property of any type, occurring during your or your agent's inspection of property, or your or your agent's presence at a Seller's site, or resulting from the sale, removal, use or operations of any Listed Item(s).
  11. Conflicts. In the event of a conflict between the provisions set forth in these Bidder Terms and the Terms of Use For AuctionTime, EquipmentFacts and HiBid, the Terms of Use For AuctionTime, EquipmentFacts and HiBid shall prevail