The Estate of Bob Baldwin, curated by Cyndi Baldwin, brings to you an enticing online-only auction of a lifetime collection of model trains, train sets, and an assortment of cherished collectibles. With 515 lots of exquisite items up for grabs, this event will take place at 174 Camelot Loop, Scott City, MO 63780, commencing at 6:30 pm on May 25, 2023. Enthusiasts can feast their eyes during the preview hours, which run from 2:00 pm to 5:00 pm on the same day. Winning bidders can pick up their new treasures on May 26, between 11:00 am and 5:30 pm. Please note that a 15% buyers' premium applies. Don't miss this opportunity to own a part of this extraordinary collection!
2024 Online Only Personal Property Terms and Conditions
Terms and Conditions of ONLINE ONLY Auctions. For any questions regarding this auction, please email us at ollis@ollisauction.com.
These are the Terms and Conditions of Sale for this online only auction. They consist of this introduction and thirty-four (34) numbered paragraphs that outline the relationship between you ("the Bidder") and Joe Ollis Real Estate & Auction, LLC. ("the Auctioneer"). Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to the Auctioneer, and the terms "you" and "your" will refer to the Bidder. If you want to bid in this online only auction, you will first have to read these Terms and Conditions. And by placing a bid, you agree that you have read the Terms and Conditions and understand the terms are binding on both you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.
Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.
1. Buyer's Premium: A 15% buyer's premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $115 at checkout.
Bidding Increments are in USD:
1 Up to: 100,
2 Up to: 500,
5 Up to: 1,000,
10 Up to: 5,000,
25 Up to: 10,000,
50 Up to: 25,000,
100 Up to: 50,000,
250 Up to: 100,000,
500 Up to: 250,000,
1,000 Up to: 500,000,
2,500 Up to: 1,000,000,
5,000 Up to: 2,000,000,
10,000 Up to: 5,000,000
2. Registration: To gain access to this online auction, you will need to register and create a username and password. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process.
BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable, Joe Ollis Real Estate & Auction, LLC has the right to reject the registration, and bidding activity will be terminated. The Seller and Joe Ollis Real Estate & Auction, LLC reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the website, you must obey any and all local, state, and federal laws. Violations will result in termination of website use privileges.
3. Credit Card: In order for the Auctioneer to process your winning bid, we must have a working Visa, MasterCard, Discover, or American Express associated with your account with sufficient funds available to cover your purchases.
If you would like to pay by cash please email ollis@ollisauction.com include your name and auction you are bidding on before 4:30 pm the day the auction begins to end.
4. Bidder's Duty to Update Information: Whether you are a new or a returning bidder, you agree that if any of the information associated with your account - including contact information - changes at any time prior to, during, or after this auction, you will update your bidder profile to reflect these changes. Joe Ollis Real Estate and Auction, LLC CANNOT update your information for you, but we will be able to see the updated contact information in the system once you have made the necessary changes to your bidder profile. Please note that while we can see any adjustments you make to your contact information, we are unable to view or access your credit card information. If you need to update your credit card details or cannot remember which card you registered with, you will need to update this information yourself through your bidder profile, as we do not have access to this sensitive data.
5. Conduct of Sale: All bidding is open and public. All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
6. Bidder's Duty to Investigate: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. 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. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly. Keep in mind that these items are used and may have scratches, dents, dings, holes, funky odors, etc....
A. Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale.
CAUTION: For demonstration purposes, various equipment may be joined. Do NOT assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
Please understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. Please report this BEFORE bidding to Joe Ollis Real Estate & Auction, LLC, email ollis@ollisauction.com or call 1-800-272-9791. We strive to be as accurate as possible.
B. Bid Wisely: We want everyone to be pleased with their purchases and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer.
C. Value: Bidder shall be the sole judge of value. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.
D. Condition: 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 during the preview and inspection date. 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.
E. The mechanical workings of these items have not been tested, unless stated. We highly recommend that the items be checked for their safety and ability to function properly by a qualified professional in that items field.
7. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS & ARE NOT GUARANTEED. PROPERTY IS OPEN TO THOROUGH PUBLIC INSPECTION ON INSPECTION DATE. IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR. Preview is strongly suggested in order to gauge the condition of each piece and to gain perspective on the size or amount of items in each lot.
A. 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. Joe Ollis Real Estate & Auction, LLC shall endeavor to describe in detail each item and any pertinent information about it. Joe Ollis Real Estate & Auction, LLC will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
B. Due diligence is the responsibility of the bidder / buyer. All sales are final. No credit card charge backs will be allowed. Items may only be removed upon receipt of payment in full. Buyers assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone. All statements made prior to the sale of any item take precedence over written material and any prior verbal statements. The auction company is not responsible for accidents, thefts, errors, or omissions.
8. Bidding Increments: 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.
9. Online Auction Closing: The Auctioneer's online auctions are designed to mimic traditional "live" auctions. For this reason, this auction will have a staggered, dynamic closing "soft close". PLEASE pay attention to the countdown, clearly posted on EACH lot.
A. Staggered Closing: This online auction will automatically BEGIN to close with Lot 1 and 20 seconds later the following lot and 20 seconds later the next lot, etc. At a rate of 3 items per minute. Items' closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer's dynamic closing feature.
B. Dynamic Closing "Soft Close": The closing time of a lot is automatically extended an additional minute (60 seconds) any time a bid is placed on a lot when that particular lot has less than one minute left on its countdown. This will continue until there are no longer any bids submitted for that individual lot. It will stop extending when no bid has been placed in the last minute of that lot.
This only affects lots with last minute bids. Any lot not bid on in the last MINUTE will continue to close at their normal times, listed on the time left.
C. Soft Close Grouping: Some lots may be grouped together, so that if any lot of the group has its bidding extended by a soft close, all the other lots in that group will have their bidding extended too.
Our online auctions move quickly! If you are interested in an item, bid quickly, or use maximum bidding.
10. Maximum Bidding: This auction features MAXIMUM BIDDING. When you place your MAX BID, the current bid price does NOT automatically go to your max bid. Another Bidder has to bid to increase the current price, and the computer will automatically bid on your behalf in the specified increments up to your max bid. 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 until 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.
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, and you also have the option to lower your max bid to the current winning bid amount if the current winning bid is lower than your max bid. Be aware of this while bidding. The bidding platform only accepts whole dollar amounts. If you have any questions, email ollis@ollisauction.com or call 1-800-272-9791.
The auctioneer has the sole discretion to advance the bidding and may reject a nominal advance, should it in his estimation prove injurious to the auction.
11. Live Catalog: this is a special tile-based view that becomes available when the first lot of the auction is within 30 minutes of closing. The tiles are "live" meaning that they are receiving real-time updates. The times counts down, new bids & bid amounts get updated, the bidder's status updates (winning/losing), all without any manual refreshing.
12. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified in your message center or by email, IF you have chosen this option when you registered. If you are outbid approaching the time of the auction beginning to end you may NOT receive your notification until after the auction ends. You can see if you are the high bidder at any time using the "MY ITEMS" feature; items which you have put on the Watch List will show winning bidder or outbid. Do NOT believe you are the winning bidder if you are unsure of your bid status unless you receive an invoice from us. If it is prior to 4pm on the day, the auction begins to end, and you are still NOT clear email ollis@ollisauction.com your name and lot number and reason for the email or call 1-800-272-9794.
13. Reporting Bidding Errors and Adjusting Max Bids: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid was made in error. Please note that the bidding platform only accepts whole dollar amounts. If you mistakenly increase your own bid at any time during the auction or make some other bidding error (e.g. placing your bidder number in the price field or adding too many zeros), you must immediately contact the Auctioneer by email at ollis@ollisauction.com. Reports of bidding errors must be made via e-mail; phone reports will not be accommodated.
A. If you have placed a max bid and the current winning bid is lower than your max bid, you have the option to reduce your max bid to the current winning bid amount. For example, if the current winning bid is $20 and you had placed a max bid of $40, you can choose to lower your max bid to $20 if you no longer wish to bid up to $40.
14. Timeliness of Bidding Error Reports and Max Bid Adjustments: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close to ollis@ollisauction.com. The Auctioneer will NOT undo bidding errors reported AFTER the auction has begun to close. Similarly, if you wish to adjust your max bid, you must do so before the auction begins to close. Max bid adjustments will not be permitted after the auction has begun to close.
A. CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness, or suitability for intended use, please bid accordingly.
B. 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.
15. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to ollis@ollisauction.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
16. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller.
18. Winning Bids: If you place a bid in this auction, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won.
A. Notification: If you place one or more winning bids in this auction, the Auctioneer will contact you by email the morning following the close of the auction to inform you of the items you have won. Additionally, you can view the items you have won by logging into your account and navigating to the "My Account" section, then clicking on "Billing." It is your responsibility to check both your email and your account after the close of the auction to determine which items you have won. If you do not receive an email identifying you as a winning bidder and do not see any items listed under the "Billing" section of your account, it is because the Auctioneer has no record of you having placed a winning bid.
PLEASE NOTE: If you do not receive your email, please check your closed bids on the bidding platform, your junk mail, or your promotions box.
B. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to ollis@ollisauction.com explaining your situation by 10:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
C. The auctioneer shall be the final judge in all bidding disputes.
19. Payment: Upon the conclusion of the auction, an invoice will be generated through our bidding platform. You will be able to pay the invoice through your account using a credit card of your choice, which may be different from the card you registered with. We accept Visa, MasterCard, Discover, & American Express. If you prefer to pay by cash, cashier's check, wire transfer, or personal check, please notify us before 4:00 pm CST on the day the auction ends. No out-of-state checks will be accepted without a verified bank letter of guarantee. A $40 convenience fee will be applied for payments made by wire transfer.
A. Payment must be made at Pickup PRIOR to loading items.
B. If payment has not been received by the end of the scheduled pickup times, the credit card registered to your account will be charged for the invoiced amount. A $30 fee will be imposed for EACH transaction necessary to collect insufficient funds.
C. Suspension: You understand and agree that if the Auctioneer is unable to charge your registered credit card for the entire amount of your purchases on two occasions, your online bidding privileges will be suspended.
D. Chargebacks Prohibited: You agree to accept all charges placed on the credit card used to pay for your purchases and agree not to charge back any amount that the Auctioneer charges to your credit card. This provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in these Terms and Conditions.
20. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the item pickup times that have been scheduled for this auction, PLEASE DO NOT BID. The Auctioneer does NOT hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times. 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.
A. Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. It will be the buyer's responsibility to dismantle & disconnect any and all equipment & furniture. Please bring your own packing materials & moving equipment. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
Please bring plenty of help and proper equipment needed to remove your items. Auction staff is not available to assist with loading. Do not bring a Pinto to take home a bedroom suite, please.
B. Release Upon Presentation of Receipt or Valid State Issued ID: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full or Valid State Issued ID. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. Another way is by contacting the auctioneer by replying to the invoice that was emailed to you. You may show the invoice on your phone.
C. Any items remaining on auction site after pickup are considered forfeited and become property of Joe Ollis Real Estate & Auction, LLC. No refunds will be given.
D. Any items Joe Ollis Real Estate & Auction, LLC hauls from auction site are subject to a $20.00+ per item hauling fee. Anyone who does not pick up their item(s) at the specified pick up time, is subject to a $20 convenience fee per item/lot.
E. All items in the lot must be removed. Additional charges WILL apply if all items are not taken by end of the scheduled pickup time.
F. Weather: In case of bad weather, good weather, and all kinds in between; pickup will still go on and YOU, the buyer, are to take extra precautions for YOUR SAFETY. In case a day to pick up needs to be added we will notify you through email.
21. Shipping: Postal Pal / Shipping Saint of Anna, IL may handle most shipping. Phone 618-833-4499 Email postalpalanna@yahoo.com. Please notify Joe Ollis Real Estate & Auction, LLC before 4:00 pm the day the auction ends or reply ship to your emailed invoice, if you need your items shipped. Email your name and phone number and the reason for the email to ollis@ollisauction.com.
Shipping arrangements can be coordinated by Joe Ollis Real Estate & Auction, LLC at the winning bidder's request and all associated fees will be the responsibility of the winning bidder.
If you want to send us a shipping label that is fine, but it will cost approx. $20 or more for box(es), wrapping, labor, fuel, and any other misc. cost.
If you wait until during or after the auction ends, we might not get the message until after pickup ends or the following Monday and then we don't know when the items will make it to our shipping department.
Even if you live out of state we do not assume you need shipping We have had people who live in Wisconsin, 12 hours away, have their items picked up by someone local. Also someone came from Washington State to get their items. So if you need shipping please let us know before the auction ends.
22. Vehicles (IF Applicable to Auction): Titles 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.
Here are the revised paragraphs with the requested changes:
23. Firearms and Ammunitions (IF Applicable to Auction): Firearms purchased must be shipped to your local FFL Dealer, unless you are an Illinois resident or a resident of an adjoining state (purchasing a “long gun” or ammo) and picking up the firearm at the Auction site from the owner or FFL. (Illinois prohibits any person under age 18 from possessing a handgun. Federal law prohibits persons under 18 from purchasing long guns, and persons under 21 from purchasing handguns.)
A. Pickup: Is for Illinois Residents and Residents of adjoining states ONLY. Residents of an adjoining state to Illinois may only pick up a “long gun” or ammo.
i. After receiving your invoice, please email ollis@ollisauction.com your Name, Driver’s License and FOID Card Number (for Illinois residents), or Driver's License (for residents of adjoining states). These will be used to run your background check on the IL State Police website, https://www.ispfsb.com/Public/Firearms/FOID/PersonToPersonFirearmTransfer.aspx or will be used by the FFL to run a background check.
ii. You will need to bring your paid invoice and valid IL State issued driver’s license and FOID Card (for Illinois residents) or a copy of your Driver's License (for residents of adjoining states) to pick up. At that time, a picture or scan will be taken of your Driver’s License and FOID Card, and a hard copy will be given to the seller or FFL and a copy retained in the auction record.
iii. Separate Dates and Times for Firearm Pickup will be published. If they are not published, please email ollis@ollisauction.com or call 1-800-272-9791 and ask.
B. Shipping: You must notify Joe Ollis Real Estate & Auction, LLC within 24 hours of the auction ending. Items will be shipped after we have received YOUR FFL Certificate, and payment is received. We will not ship any firearms or ammunition until we have received your FFL Dealer information. It is the buyer's responsibility to have their FFL dealer send Joe Ollis Real Estate & Auction, LLC their certificate. Buyer will be solely responsible for remitting payment for any and all shipping costs including pick up fees, postage fees, packing, handling, tracking, insurance, crating fees, and any other associated costs directly to the shipping company.
C. If you register for the auction and cannot freely and legally purchase a firearm or ammunition; your bidding account will be revoked. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
24. Default & Disposal of Unclaimed Items: In the event, you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason within 3 business days, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately declare you blacklisted with Joe Ollis Real Estate & Auction, LLC.
25. Non-Delivery: In the unusual event that an item has been totally erred in description, misrepresented, or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer's onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning bids. Your claim must fully describe the nature of the problem that you have identified. You also agree the most Joe Ollis Real Estate & Auction, LLC owes to you is the purchase price (high bid plus buyers' premium) of the item(s).
26. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Union County, Illinois' Small Claims Court, if the claim in question amounts to less than $10,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $10,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis and will not be consolidated with any claim made by another party. Venue in every case will be Union County, Illinois. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
27. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 27 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
28. 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.
29. Liability: In all cases, the Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. Under NO circumstance will the Auctioneer be liable for LOST profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.
A. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
B. No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
30. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
31. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.
32. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant, or condition as applied to other persons, places and circumstances will remain in full force and effect.
33. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Illinois.
34. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
We are not as mean as we sound, but please do your best to play by the rules. It is the only way we can serve you and the rest of our customers to the best of our ability. Happy bidding!
