THIS IS AN ONLINE-ONLY AUCTION
By placing a bid, the Buyer contractually agrees to the following terms and conditions of sale:
1. NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, CONDITION, PROVENANCE, TIME PERIOD, OR FITNESS FOR A PARTICULAR PURPOSE, ARE GIVEN. All auction items are sold "as is-where is". It is the responsibility of the buyer to determine the condition of the items and bid accordingly. Place your bids accordingly and read all descriptions and terms prior to placing your bids. All sales are final. All statements made prior to the sale of any item shall have legal precedence over printed materials and any prior verbal statements. Brannian Auction, LLC reserves the right to reject a bid from any bidder. The highest bidder will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. The records of Brannian Auction, LLC will be deemed conclusive in the event there is any dispute after the sale. Some items may be subject to reserve (the confidential minimum price below which the lot will not be sold). If Buyer is the successful bidder, and fails to make payment when due, Buyer agrees to reimburse Auctioneer or the owner of the item for collection and court costs, including attorney fees, and agrees that interest shall accrue on the unpaid balance at 18%, annual percentage rate. Any legal disputes shall be settled in the appropriate Wyoming court, pursuant to Wyoming law.
2. PAYMENT: Payment for all purchases is due immediately at the conclusion of the auction. Brannian Auction will charge Purchase price, Buyer's Premium charges, applicable sales tax, and any other fees. Buyer will receive an emailed invoice after the auction ends with confirmation of items on which buyer was the successful bidder with the final amount due. Buyer can pay this amount with a credit card via Paypal (no additional fees and no Paypal account needed). Please check to ensure your account accepts email from Brannian Auction. Payment must be made prior to Pick-up. Paid in full invoice must be presented by buyer or assigned representative prior to loading items.
3. Any item(s) remaining after designated Pick-up time are considered forfeited and ownership will revert back to seller. No refunds will be given.
4. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Brannian Auction will, to the best of our ability, attempt to describe the merchandise in detail and provide pertinent information, but makes no representations. Bidder shall be the sole judge of value. 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. Buyers assume complete responsibility for care of each purchase at time of sale. The auction company is not responsible for accidents, thefts, errors or omissions.
5. The auctioneer reserves the right to add or remove items from the auction and add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times.
6. BUYERS PREMIUM: A 10% buyer's premium will be added to each purchase. For example, if you bid $100.00, at checkout you will be charged $110.00 plus taxes and any applicable fees.
7. PARTICIPATION REQUIREMENTS: Valid credit card required for bidding approval. We will accept Visa, MasterCard, American Express, and Discover. All bidders will incur a $1 charge to their credit card upon auction registration/bidder verification for credit card authorization and will be refunded.
8. CURRENCY TYPE: USD
9. AUCTION CLOSING: The bidding on this Auction will close on Monday, February 19th at 7:00pm MST. This auction features EXTENDED BIDDING. This feature extends the bidding on a lot for FIVE minutes past the closing time, if a bid has been placed on that lot within the last FIFTEEN minutes of the auction. It will remain open until there are no bids on that lot during the extended time period. This only affects lots with last minute bids. Any lot not bid on in the last fifteen minutes will close as scheduled. An example would be if you were participating in an Online Auction that closed at 6:00 PM and you placed your bid at 5:55 p.m. That lot would be extended until 6:05 p.m. and would keep extending FIVE minutes after each new bid is placed. It will stop extending when no bid had been placed during the extended time period.
10. This auction also features MAXIMUM BIDDING. When you place your MAX BID, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. If someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. You may request out bid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you enter your MAX BID when bidding. Your MAX BID would be considered the maximum amount you are willing to pay for your item. Please remember, you can always raise your max bid, but you CANNOT lower it. Be aware of this while bidding. If you have any questions please call us at 307-620-2157 or email us at email@example.com.
11. PICK-UP/LOAD OUT: Winning Bidders can pick their items up in Buffalo, WY on Thursday, February 22nd between 5pm - 8pm MST at the Johnson County Fairgrounds, Buffalo, WY (Lots 89-95 in Sheridan, WY 2:00-4:00PM Thursday, February 22nd). Payment must be made prior to Pick-up. Paid in full invoice must be presented by buyer or assigned representative prior to loading items. Please bring your own packing materials, moving equipment, and/or manpower required to remove your items at the specified pick up time.
12. SHIPPING: Shipping is NOT available for this auction. Pick-Up ONLY.
13. CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description.
14. ONLINE SERVICES: Brannian Auction is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Brannian Auction or anyone else if the Internet service fails to work correctly before or during the Online Auction. Brannian Auction 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.
15. 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. Auctioneer will not honor a mistake.
16. 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.
17. 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.