Estate Farm Machinery Auction

Thorben Duitsman Estate, Owner

Sale Arranged & Conducted By:

Green Real Estate & Auction Co.

Mike Green & Jim Green, Auctioneers

Sac City, IA., ph. 712-662-4442

www.greenrealestate-auction.com

 TERMS & CONDITIONS:

There is a 5% Buyer Premium for all internet purchases. There is no Buyer Premium for on site bidders. There is no shipping for this auction. All items must be removed within 14 days after the conclusion of the auction. Any items not removed in that time frame will be subject to a $25/day storage fee for an additional 14 days, at that time they may be sold by the method that Auctioneer best sees fit and the proceeds minus expenses will be sent to new owner. All items must be paid in full prior to being picked up.

While we have done our best to accurately describe each item we offer no guarantees and we strongly encourage any potential Buyer to do their own investigation. 

NO WARRANTIES. All sales are made and accepted “AS IS-WHERE IS, WITH ALL FAULTS AND DEFECTS THEREIN”- ALL SALES ARE FINAL

By bidding on any item, Buyer has agreed to accept that item in its present condition and its present location with the description provided whether accurate or not. Also, by bidding on any item Buyer verifies that he/she agrees to all Terms & Conditions of the auction set forth below.

GENERAL TERMS: The auction will be conducted by Green Real Estate & Auction Co. referred to as Auctioneer on behalf of the owners of the property, referred to as the Seller. Auctioneer is not responsible for the acts or representations of Seller. The auction shall be governed by the terms set forth herein (the agreement), and any additional terms and condition 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, officer, and directors. Auctioneer is not responsible for statements made by the Bidder, Buyer, 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 each and 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 property sold and/or consequential damages that may result from the sale of defective property. Registering and bidding online does not guarantee anonymity.

DISCLOSURES: There is no warranty offered, expressed or implied, by Green Real Estate & Auction Co. or Sellers for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. All information provided is believed to be correct but NO warranty as such is either expressed or implied. Bidder/Buyer is fully responsible to inspect property before bidding and confirming any information important to them prior to bidding. Auctioneer reserves the right to add or withdraw property from the auction, and/or group items. Auctioneer reserves the right to sell property absolute or with a reserve, at Sellers discretion.  The Seller does have the right to reject any and all bids unless otherwise stated. In the event there is a reserve on the property/item being sold Auctioneer can advance the bid on the Sellers behalf to meet said reserve if Auctioneer deems it to be in the best interest of the auction. 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 purchase, and all risk of loss and damage to property.

BIDDER REGISTRATION: Bidder must be 18 years of age or older, and is required to register for the auction. 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. Bidder is also responsible for reading the descriptions of each lot and viewing photographs of each lot carefully. If you have questions about an item please call Green Real Estate & Auction Co. at 712.662.4442, we will try and answer any question to the best of our ability but offer no warranties. If you are able to view the property prior to bidding please inspect each item, using your own knowledge and experience, form your own opinion of the property and bid accordingly. If you are doubt whatsoever, DO NOT BID. All items are sold AS-IS, WHERE-IS and ALL SALES ARE FINAL. Bids cannot be retracted and all bids are binding contracts between Bidder/Buyer and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property prior to the auction with Auctioneers and Seller approval. 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. If Bidder is successful in purchasing the item they will be notified immediately following the auction to arrange for pickup and payment. Any and 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: Auctioneer reserves right to charge a buyers premium on each purchase if advertised prior to the Auction.  Buyers premium is 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 these provision and will pay the applicable buyers premium.

PAYMENT TERMS: 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. Payment must be made in full by the Buyer, immediately upon the completion of the auction by Cash, Personal Check, Cashiers Check, or by Credit/Debit card when available. 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 returned marked insufficient funds, shall be deemed by the parties to be a prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.

REMOVAL OF PROPERTY: 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. Any and all methods of lifting, towing, and/or hauling are the Buyers responsibility. Seller and Auctioneer agree that property must be removed within 14 days after conclusion of the auction unless other terms have been stated above or other arrangements have been agreed to by both Auctioneer and Buyer. Any items not removed in 14 days will be charged a $10/day storage fee for an additional 14 days, at that time items still have not been picked up and no arrangements made both parties agree Auctioneer has the right to dispose of items, or sell them the best way they see fit and send the Buyer/New Consigner the proceeds minus all storage fees and other expenses. Auctioneer and/or Sellers are not responsible for any damage to property and/or persons that occur at the time of loading/unloading property purchased at the auction. If items are

ADDITIONAL NOTICE: The following are property specific Terms & Conditions that are posted online with the individual property information and will override any likewise terms stated in this Agreement.

• Buyers Premium
• Sale date and time
• Inspection location, dates, and times
• Final date of removal
• Special notes/comments/announcements.

ONLINE BIDDING INFORMATION

                If you are participating in an online auction, the following additional terms will apply to the Auction Terms & Conditions set forth above:

BIDDING IN THE ONLINE AUCTION: Once you are registered and have your User Name & 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 can 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 3 business days after the auction unless otherwise stated and agreed upon by Buyer and Auctioneer. Business days are considered to be Monday-Friday.  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 within agreed upon time you agree that all accounts due will be charged to your credit card on file with a 3.5% convenience fee.

INTERNET ABSENTEE BID: If the auction is an internet absentee bid only auction you are encouraged to leave your max bid prior to the online portion ending. Your max bid will be kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. If absentee bid is the high bid at the auction Buyer will be notified following the auction and will receive an invoice within 24 hours after the completion of the auction.