Auction Terms & Conditions HOFMEISTER REALTY & AUCTION CO. INTERNET ONLINE AUCTION TERMS AND CONDITIONS
**Please note, each auction is different, and terms and conditions are subject to change.
By registering to bid, or placing a bid, you agree to be bound by all of these terms & conditions. All bidders agree that bids placed on the Internet shall have the same legal effect as if they were placed at a live auction.
1. ALL ITEMS ARE SOLD "AS IS", and ALL SALES ARE FINAL. Items are available for public inspection. Even if a Bidder is not able to, or, has chosen NOT to inspect an item in person, it is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factors. Hofmeister Realty & Auction Co. may attempt to describe the merchandise in advertising, and on the Internet, but makes no representations as to any of these determining factors. In no event shall Hofmeister Realty & Auction Co. be held responsible for having made or implied any warranty of any type or use. Bidder shall be the sole judge of value. Bidders agree that all items are sold as is, and Bidders may not return any item they purchase, for any reason.
2. ALL SUCCESSFUL BIDDERS removing merchandise assume all risks of damage to person or property and specifically release and indemnify Hofmeister Realty & Auction Co. from any liability.
3. BUYERS PREMIUM: A 10% buyer's premium will be added to each purchase. For example, if you bid $100.00 you will be charged $110.00 upon invoicing at auction close.
4. PAYMENT: At the conclusion of the auction your credit card on file will be automatically charged for the entire amount of your purchases (unless so indicated on large ticket items). Be sure to have an available balance on your credit card for your online purchases. Hofmeister Realty & Auction Co. has the right to pre-authorize a bidder's credit card, deactivate the account or cancel the bids of any bidder, for any reason, at their sole discretion.
5. THERE WILL be no Sales tax
6. WINNING BID NOTIFICATION: You will be contacted by email ONLY (it is your responsibility for checking your email). If you do not receive a paid email invoice, then you did not win any items at the online auction. If you feel you have won an item and have not received an email you must notify us by email no later than 9 AM the next day. NOTE: it takes time to process invoices so plan on up to 1 hour after auction close to receive your invoice. A receipt will be e-mailed to the buyer at the end of the sale. This receipt must be presented to authorized personnel before any item can be removed from auction site.
7. REMOVAL: This is an ONLINE ONLY AUCTION. DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS DURING THE INDICATED REMOVAL TIME(S). NO REFUNDS OR CHARGEBACK'S WILL BE GRANTED. After the scheduled removal, items left will be considered abandoned. The amount of your purchase will be surrendered as a removal fee up to the total amount of your purchase for disposal of your item(s). Buyer(s) may arrange for moving services with insured moving company. IF THERE IS AN EMERGENCY, please call the main number at 330.853-9585 immediately as any items you leave at the pick-up are considered abandoned and ownership reverts back to the Seller. We will not allow other parties to remove items that appear "Abandoned." Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be made by VISA, MasterCard, Discover or Ameraican Express. Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Merchandise transfers to Bidder only when Bidder's payment has been honored. Purchases will be released upon presentation of a paid email receipt. Hofmeister Realty & Auction Co. may ask for positive identification by photo I.D. Please ensure that movers, or any others picking up items on your behalf, have your paid receipt at the pickup location. No items will be released without a paid email receipt, and/or proper I.D. Bidders must bring their own help to remove items. We do not provide any help with removal of items. We do not provide tools. We do not insure items that are sold to Bidders.
8. SHIPPING: Hofmeister Realty & Auction Co. does NOT provide shipping services. We generally DO NOT bring furniture or large items back from remote locations unless specific arrangements have been made PRIOR to bidding. If a Bidder requires shipping services for an item purchased, it is the responsibility of the Bidder to arrange for a third-party shipping service.
9. UNDER NO CIRCUMSTANCES shall Bidder have any kind of claim against Hofmeister Realty & Auction Co. or anyone else, if the Internet service fails to work correctly before or during the auction. Hofmeister Realty & Auction Co. will not be responsible for any missed bids from any source.
10. BIDDER AGREES that this agreement shall be governed by the laws of the state of Ohio and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Ohio. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Hofmeister Realty & Auction Co. and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Ohio. CLAIMS: Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event of arbitration, judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue in either case will be Columbiana County, Ohio, USA.
LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of Bidder's purchase price.
11. NOTE: A $30 PROCESSING FEE WILL APPLY TO ANY CREDIT CARD TRANSACTION THAT DECLINES!
12. MAXIMUM BIDS: We only use one bidding field in most cases. MANY of our buyers submit their "maximum bids" as they no doubt have seen the convenience and do not risk missing the opportunity by placing only real time bids on items especially in the frantic final minutes. The software will place your bid up to the max if someone bids against you. If you are being immediately out bid when you place your bid, you are most likely up against a max bid. The max bids are not disclosed. CLICK ON THE "REFRESH LINK" often to be sure you are seeing current data.
13. STAGGERED CLOSING: This particular online auction closes 1 item per 3-minute intervals. This feature works great with the auto-extend feature to closely emulate a 'live' auction.
14. LIMITATIONS: The above-stated terms and conditions of sale cannot be altered except in writing by the auction company. Terms and conditions may change from auction to auction and are agreed to electronically by bidders upon registration. Terms and conditions are designed as general guidelines and may not cover every possible scenario. Hofmeister Realty & Auction Co. is not responsible for the fraudulent or unauthorized use of your bidder number and bidding account. Bidders are responsible for the security of same. If you feel someone may possess this information, it is suggested that you change your password immediately. Bidders agree that they have reviewed and agree to all terms and conditions of the auction. These terms and conditions constitute an enforceable and binding electronic agreement upon their electronic acceptance by the Bidder.
Harry M. Hofmeister, Auctioneer
675 East State Street
Salem, OH 44460
Seller User Terms
Bidder User Terms