Kessler Auction & Realty Co. Inc. Terms & Conditions
Each specific auction will have a set of terms and conditions set for that particular auction, which you must agree to before registering. All property in an auction sells in its “AS IS” condition with no warranties expressed or implied. There are NO refunds or exchanges. All sales are final.
All property is sold in an “AS IS” “WHERE IS” condition. ALL SALES ARE FINAL. As a bidder registering for an auction, you agree that you have read and understand the terms and conditions of the auction. You are purchasing items at auction, they are being sold “as is” without any warranty written or implied. You also by registering for an auction certify that you understand that this merchandise CAN NOT be returned for credit on your charge card or for any other kind of credit or exchange and you agree that there will be no charge backs. ALL SALES ARE FINAL!
Kessler Auction & Realty Co. Inc. and the seller, are selling all auction items to buyers “As Is”, unsupported, without any warranty of any kind. Kessler Auction & Realty Co. Inc. and the seller disclaim all warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular use. All items are sold in their actual current condition, with all faults and defects, and with all errors of description. Kessler Auction & Realty Co. Inc.’s liability to a purchaser will never exceed the purchase price actually paid for an item.
Bidders / buyers accept all auction items "with all faults", whether or not immediately apparent. Bidders are responsible for ascertaining the actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.
Kessler Auction & Realty Co., Inc, is providing an Internet auction as a service to Bidder. The bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall bidder have any kind of claim against Auction Company or anyone else if the Internet service fails to work correctly during the online auction. Kessler Auction & Realty Co. 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 proxy bidding feature and leave their maximum bid at least 24 hours before the auction closes. Auction Company reserves the right to withdraw or re-catalog items in any of its auctions.
Bidders should carefully verify all information and make their own decisions as to accuracy thereof before bidding. Any announcement made by the auctioneer from the auction block on the day of sale or posted on the website, will take precedence over any printed material or oral statement. In an auction sale, all property is sold As Is, Where Is with NO warranty expressed or implied by the sellers or auction company. It is the responsibility of each potential bidder to make their own inspections or investigations and to bid on their judgment of value. The bids are advanced at pre-set increments available on the bidding web page. Kessler Auction & Realty Co., may conduct absolute auction and / or auctions with reserves. Certain conditions may pertain to one type and not the other. Please refer to the specific auction for the terms and conditions of that auction.
Kessler Auction & Realty Co. Inc. reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Kessler Auction & Realty Co. Inc. reserves the right to resell any item that is not paid for in full by the conclusion of the stated pickup date. In any such event, the bidder will still be responsible for payment for the original purchase price and the costs of collection of this payment and/or damages resulting for the resale of the property. Kessler Auction & Realty Co. Inc. reserves the right to change bidders' username and or password for any reason deemed necessary by Kessler Auction & Realty Co. Inc.
Kessler Auction & Realty Co. Inc. shall have full discretion to modify the date and time, order, and details of the auction, of any item or the conduction of the auction for any reason or for no reason, including but not limited to technical issues, emergencies, and convenience of Kessler Auction & Realty Co. Inc. or the seller.
The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Kessler Auction & Realty Co. Inc will reject the registration, and bidding activity will be terminated. The Seller and Kessler Auction & Realty Co. Inc reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness or capability of closing.
Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site, you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. The auctioneers have the right to gather information from the web site which may include but is not limited to: page visitors, most viewed pages, and any and all correspondence. The auctioneers and their employees and / or Kessler Auction & Realty Co. Inc may bid on items in this auction.
The following describes the terms on which offers you access to the Internet Online Auction by Kessler Auction & Realty Co., in order to bid, you must read and accept all of the terms and conditions set forth below:
Buyer's Contract: Your bids placed on the Kessler Auction & Realty Co., website are a contract and you are responsible for paying all amounts due to Kessler Auction & Realty Co. If you cannot pay for and pick up the items during the times specified, then you must not bid.
Payment must be made before item(s) are removed by the specified date on the auction advertisement. All sales are final. There are no returns, refunds, or adjustments.
Retention of Credit Card Information: By providing your credit card information, you authorize Kessler Auction & Realty Co., to charge your credit card for the purchase amount (bid price plus any buyer’s premium) of any successful bid plus associated taxes, shipping costs (if any) and Handling Fees (if any,). BY BIDDING, YOU HEREBY AUTHORIZE KESSLER AUCTION & REALTY CO., TO CHARGE YOUR CREDIT CARD FOR ANY OF THE FEES LISTED ABOVE.
Pick-Up: You MUST PICK UP YOUR ITEM on the specified date or the item will be considered abandoned and shall become the property of the auction company.
Sales Tax: 6% Kentucky Sales Tax on applicable items unless you are farm or tax exempt.
Buyer’s Premium: A buyer's premium of Ten percent (10%) of the high bid will be added to the high bid to determine the final sales price for the auction lot.
Pick up Location: These locations are specified in the terms and conditions of each auction.
Shipping Instructions: Kessler Auction & Realty Co., will make NO shipping arrangements and therefor it does not provide any shipping. ALL shipping and/or shipping quotes for shipping is requested by contacting YOUR choice of the shipping company. Contact any shipper -AT YOUR OWN RISK- Buyer is obligated to pay all shipping expenses DIRECTLY to a shipper of their choice.
Participation Requirements: Name, address, daytime phone number, email address and a Valid Credit Card required for bidding approval.
Pick up Dates and times: Will be specified for each auction, or you can make arrangements with the Auction Company. The Location of the pickup location will be announced to the winners at the close of the auction.
10% Buyers Premium added to all winning bids to determine final purchase price.
All Items Sell AS IS without warranty.
Local Pickup only.
Special Terms of Sale:
1. YOUR BID IS A CONTRACT TO BUY should you be the winning bidder.
2. All property is sold "AS IS".
3. Any Items NOT picked up on the scheduled pick-up day without other arrangements shall be considered abandoned and become property of the Auction Company.
4. If you don't pick up your items on the scheduled pick-up day or without prior arrangements, we will charge your credit card on file for the purchased.
Payment Options: We accept the following forms of payment for the following types of auctions. Real Estate: a pre-approved personal check with ID, cash, cashier check, and wire transfers. Personal Property: a pre-approved personal check with ID, cash, cashier check, wire transfers, Visa, MasterCard or Discover card with a 3% convenience fee. Credit card purchases are limited to a specific amount set for each auction. ALL accounts must be settled at the conclusion of this auction. We may charge the credit card you have on file with Kessler Auction & Realty Co., for your purchases, plus buyer's premiums. *** A $25 service fee will be charged to any account whose credit card on file is declined requiring additional time and telephone contact to establish payment for merchandise. Please respond immediately by email if you KNOW that you need to use an alternative credit card.
Currency Type: USD
If purchases are not settled by the specified pick-up day, it will be considered in default. Upon default the bidder may be blocked from bidding on Kessler Auction & Realty Co. Inc auctions in the future and may be charged ten percent (10%) of bid price or $500.00, whichever is greater or the credit card used to register may be charged for the purchase. All default items may be offered to any qualified bidder at the discretion of Kessler Auction & Realty Co. Inc. Any item / lot that is not picked up from the auction site within 15 days will be discarded or resold with proceeds retained by the auctioneer.
The bidder agrees to pay all reasonable attorney fees and other costs incurred by Kessler Auction & Realty Co. Inc in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of two percent (2%) of the outstanding balance per month will be added to any unpaid balance due Kessler Auction & Realty Co. Inc. Any dispute will be tried in a court of jurisdiction in Taylor County, Kentucky.
EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
Limitation of Liability:
If, for any reason, Kessler Auction & Realty Co. Inc. is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase at time of pickup, the sole liability of Kessler Auction & Realty Co. Inc. if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Kessler Auction & Realty Co. Inc. of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.
Any dispute between Kessler Auction & Realty Co. Inc., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Taylor County, Kentucky. By bidding on any item, buyer agrees to all terms and conditions set forth.
All bidders must be eighteen (18) years of age or older.
Bidders must abide by any local, state, or federal laws set forth on any firearm purchases.