Live Only On-Site Flash Auction Robeson Meadows West, Champaign IL

TERMS AND CONDITIONS

Live & Online Personal Property Auction

Please review this document carefully. This document creates certain legally binding contractual obligations.

In order to register and receive access to the interactive online bidding platform, a Bidder must accept and acknowledge these Terms and Conditions.

1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject personal property. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded.

2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any bidder of a rejected bid.

3. The Winning Bidder covenants and agrees to purchase the subject personal property at the price of the winning bid plus buyer's premium, and upon the terms and conditions hereinafter provided.

4. There will be no online sales, all sales/bids will be live and in person.

5. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, wire transfer, credit card, or other payment method approved by the Auctioneer. Payment terms are at the discretion of the Auctioneer, and payments of over $1,000.00 may be subject to certain requirements. Card payments should be made via the card used for bidder registration. Any change in payment method from the Winning Bidder's registered payment method must be communicated to the Auctioneer. Shipments will only be shipped to the address linked to the card used for purchase. The linked address is defined as the address on file with the card issuing bank. For those requiring shipments to an alternative address, payment must be arranged via wire transfer or a one-way electronic payment method such as Zelle. If a bank/credit card is used for purchase, the shipper will absolutely not ship to an alternative address that is not linked to the address registered with the card issuer.

6. Failure to appear at the appointed date, time, and location by the Winning Bidder shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred. Any items not paid in full and picked up within two (2) days of the close of this auction will become the property of Champaign County Auctions & Estates, unless a late pickup/payment arrangement has been made. A late pick up arrangement may entail a minimum of a $50 fee for the inconvenience of scheduling an employee to meet at the property impromptu.

7. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Sixth Judicial Circuit, Champaign County, Urbana, Illinois.

8. Time shall be of the essence as to all of Buyer's obligations.

9. Auctioneer reserves the right to resell any personal property not paid in full within two (2) days of the auction closing date. In any scenario where full payment is not made, the winning bidder will not be refunded for any partial payments made. Any partial payments that are able to be processed will be considered fees for restocking and finding a backup buyer.

10. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material.

11. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledge persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records.

12. By registering and bidding, the Buyer acknowledges they understand, accept and agree to these Terms and Conditions. The Buyer acknowledges that they have had ample opportunity to read the Terms and Conditions of the Auction Sale.

13. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning.

14. No shipping will be available for this auction.

15. The Auctioneer does not accept bids from new HiBid members with less than 60 days of bidding and successful payment history, unless the bidder is considered to be "local." Exemptions to this rule include family and friends of the Consignor(s), those willing to place an electronic deposit via Venmo, and those who are acquainted with regular customers or other local auctioneers who can be contacted as references.

16. The Auctioneer does not accept bids from anyone who has had a documented history of unpaid invoices, payment disputes, chargebacks, or unpaid shipping bills with other affiliates or online Auctioneers. The Auctioneer also does not tolerate non-payment or any other forms of these occurrences with Champaign County Auctions & Estates. The Auctioneer will document any such issue on the bidder's online registration profile. The Auctioneer will also pursue any damages caused by an unpaid invoice or chargeback by filing suit with the Champaign County Court Clerk. A $250 filing fee will also be added as damages to the complaint.

17. The Auctioneer does not accept bids from anyone who has had a documented history of rudeness, difficulty, or other similar problems with affiliates or other online Auctioneers. The Auctioneer does not tolerate these types of problems and will document any such issues, which may occur in their place of business or via email/telephone, on the bidder's online registration profile. The Auctioneer expects that any disagreements are to be handled in a professional manner.

18. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.