Terms

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.

GENERAL TERMS: The auction will be conducted by Hamilton Auction Company or Maring Auction Company (HM Auction) (Auctioneers) on behalf of the owners of the property, referred to as the Seller. Auctioneer is not responsible for the acts or representations of Seller(s). 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, Seller 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 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/AS-IS: There is no warranty offered, expressed or implied, by Hamilton Auction Company, LLC or Maring Auction Company, LLC (HM Auction) or Sellers for any property. All property is sold AS-IS, WHERE-IS, and with all. All sales are final. All information provided is believed to be correct, but no warranty is either expressed or implied. 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. 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 as the result of a tie bid or discrepancies in the bid. Buyer assumes full responsibility of property at time of final bid, and all risk of loss and damage to property. All titled items will be transferred into Buyers name with appropriate fees. All out of state titles will be mailed and transferred in the state the buyer resides in.

BIDDER REGISTRATION: Bidder must be 18 years of age or older, and is required to register for the auction. A valid credit/debit card is required for online registering. 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 Hamilton Auction Company at 507-584-0133 or Maring Auction Co. LLC, at 800-801-4502. If you visit the viewing location, please personally inspect the property on which you intend to bid on. 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.

BUYERS PREMIUM: A Buyers premium will/can be charged on each purchase. 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 pay the applicable buyers premium.

PAYMENT TERMS: Payment must be made in full by the Buyer, immediately upon the completion of the auction by Cash, Check, Credit Card, ACH, Wire Transfer, Certified Check, Cashiers Check. Upon making payment for property, no stop payment of funds will be honored, any stop payment order of a check, or giving a check which is marked insufficient funds, shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed as intent to defraud. Sales tax, when applicable, will be charged on both the purchase price and buyers premium. Taxes, fees, shipping, handling, insurance, storage and security charges are Buyers expenses, and will be calculated and rendered due at the sale of the property. All payments will be made in US Dollars. Payment For Coins: Cash, Check, Wire Transfer or Cashiers Check. Coins will not be mailed until full payment is made.

REMOVAL OF PROPERTY / SHIPPING TERMS: Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. Property will not be removed from sale premises until payment in full has been received. Seller and Auctioneer agree that property may remain on the sale premises for a period of time following the sale. Buyer will hold the Auctioneer or Seller harmless to all methods of lifting, towing, and/or hauling of items purchased if damaged. Packing and shipping costs are the responsibility of Buyer and shall be conducted by Hamilton Auction Co. LLC, Maring Auction Company LLC or a third-party shipper. All property not removed by Buyer by the final day of removal 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. For firearm shipping please refer to the individual auction terms.

ADDITIONAL NOTE: The following specific terms & conditions that are posted online with each individual auction information and will override any terms stated in this Agreement.

§ Buyers Premium

§ Sale Date and Time (Beginning and Ending)

§ IInspection Location, Dates, and Times

§ Final Date of Removal

§ Shipping Arrangements

§ Special Notes/Comments/Announcements

OBTAINING A USERNAME & PASSWORD: Click on "LOGIN/REGISTER" on our Home Page and then "Register". Follow the instructions. If you need assistance, feel free to contact Hamilton Auction Company at 507-584-0133 or Maring Auction Co. LLC at 800-801-4502.

BIDDING IN THE ONLINE AUCTION: Once you are registered and have your Username & Password, you may place bids as soon as a lot opens for bidding. Your bids are final and constitute a binding contract. Please be aware that lots will close at various times and possibly different days and may be extended. You are responsible for monitoring these close times. Please bid early to avoid disappointment.

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.

All lots for the auctions must be paid for within 48 hours of the conclusion of the auction. An invoice will be sent to your registered e-mail address within 24 hours following the conclusion of the auction. Once you have received the e-invoice contact us immediately and let us know your payment method. If payment is not received by the end of the removal or pick up dates, we will charge credit card on file for purchase amount plus handling fee. This charge cannot be replaced with other forms of payment once completed.