These are the Terms and Conditions of Sale for this online auction. Outlined is the relationship between you (Bidder) and Rothrock Auction LLC (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 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 auction.
1. Registration: To gain access to this online auction, you will need to register and create a user name 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 our auctions indefinitely should you provide any false information during the registration process. BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable, Rothrock Auction LLC has the right to reject the registration, and bidding activity will be terminated. The Seller and Rothrock 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. If the registered bidder’s user name is offensive to Rothrock Auction LLC or in their sole opinion detrimental to Bidding Activity, then Rothrock Auction LLC reserves the right to delete the bidder from bidding or may change the username with notification to the Bidder. When using the website, you must obey any and all local, state, and federal laws. Violations will result in termination of website use privileges.
2. Credit Card: In order for the Auctioneer to process your winning bid, we must have a working Visa, MasterCard or Discover card associated with your account with sufficient funds available to cover your purchases. All payments in this auction will be made in United States Dollars.
3. Update Information: You agree that if any of the information associated with your bidder number – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile and emailing what was changed to email@example.com. If payment information changes after registering for the auction you must contact us to make arrangements for payment at firstname.lastname@example.org prior to 6:00 pm the day the auction ends.
4. Conduct of Auction: You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this auction.
5. Bidder’s Responsibility: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. Information in brochures, catalogs or other advertisements are from sources believed to be reliable; however potential 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, holes, etc. There are no guarantees with items purchases. All items are auctioned & sold “as is, where is”.
6. 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: During the photographing of objects 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. You are bidding on items as they are described on this website, not as they appear in any photograph. If an inconsistency appears please report this BEFORE bidding to email@example.com or call 618-838-5363. It is our goal to be as accurate as possible.
7. Due Diligence: 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.
8. Condition of Property: Every effort will be made to ensure that each item stays in the same condition that it was photographed in. It is important to note that all property is sold “as is, where is” and all sales are final. It is highly recommended that the items by checked out before the auction to determine the condition of the property.
9. Warranty / Condition of Items Sold: All lots and items are sold “as is, where is”, with all faults, and no expressed or implied warranties. No action taken by the auctioneer or its agents is intended to create any expressed or implied warranty as to any lot or item in this auction. Rothrock Auction LLC specifically disclaims any expressed 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. Property is open to the public for a thorough inspection on the date designated. It is the bidder’s responsibility to determine the condition, age, genuineness, value or other important factors. Bidder agrees that everything is sold “as is, where is” and that they may not return any item they purchase. Buyers assume complete responsibility for care of each purchase at time of sale.
10. All statements made prior to the auction 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.
11. 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.
12. Buyer’s Premium: A 12% buyer’s premium is added to every purchase.
13. 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. If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, 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 junk mail or promotions box. 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 firstname.lastname@example.org explaining your situation by 11:00am 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. The auctioneer shall be the final judge in all bidding disputes.
14. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that has sufficient credit available to pay for all of your purchases at the moment the auction closes. We accept Visa, MasterCard and Discover cards. Only Pickup bidders may pay by check or cash. If you would like to pay by cash, cashier’s check, wire transfer, or personal check, you must notify us before 4:00 pm CST the day the auction ends. All checks must begin at # of 500 or greater. There is a $40 convenience fee if paying by wire transfer. Payment must be made at Pickup PRIOR to loading items. Your credit card will be charged for your invoiced amount, if payment has not been received by end of scheduled pickup times. EACH transaction necessary to collect insufficient funds will have a $30 fee imposed. You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges.
15. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that 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.
16. Pick Up of Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. 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 the Auctioneer and Seller from any liability. 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. 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. 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. You may show the invoice on your phone. NOTE: If you are unable to print the invoice you must come to pick up and show your ID, we will have a copy of your invoice. Any items remaining on auction site after pickup are considered forfeited. No refunds will be given. Anyone who does not pick up their item(s) at the specified pick up time, is subject to a $25 convenience fee. All items in the lot must be removed. Additional charges WILL apply if all items are not taken by end of the scheduled pick up time. 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.
17. Shipping: You must notify Rothrock Auction LLC before 5:00 pm the day the auction ends if you need your items shipped. Email your name, phone number and lot numbers and the reason for the email to email@example.com. Shipping arrangements can be coordinated by Rothrock Auction LLC at the winning bidder’s request and all associated fees will be the responsibility of the winning bidder with payment made prior to shipping.
18. 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.
19. Firearms and Ammunitions (IF Applicable to Auction): Firearms purchased must be shipped to your local FFL Dealer, unless you are an Illinois resident and picking up firearm, on the specified date at the Auction site from the owner. If guns are offered for sale in the auction, please note that per Federal & Illinois regulations you must be over the age of 18 to bid on long guns and age 21 to bid on hand guns. Pick up: Illinois Residents will need to bring your paid sales receipt and valid IL State issued FOID Card. Prior to pick up, we will call you to gather information from your FOID Card, to be able to run the card on the Illinois State Police Website. You must notify Rothrock Auction LLC within 24 hours of the auction ending. Items will be shipped after all of the required FFL paperwork is completed, and payment is received. We will not ship any guns until we have received your FFL Dealer information. It is the buyer’s responsibility to have their FFL dealer send Rothrock Auction LLC their information. 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. 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.
20. 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 accounts being in default, you agree that the Auctioneer will have the right to immediately declare you black listed with Rothrock Auction LLC.
21. Non-Delivery: In the unusual event that an item has been incorrectly described, misrepresented, or is unavailable for pick up 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 Rothrock Auction LLC owes to you is the purchase price (high bid plus buyers’ premium) of the item(s).
22. 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 Richland 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 Richland 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.
23. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 24 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.
24. 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.
25. 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. 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. 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.
26. 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.
27. 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.
28. 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.
29. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Illinois.
30. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
31. For any questions regarding this auction, please email us at firstname.lastname@example.org.