Dairy Queen SST Sign

EXHIBIT A: TERMS & CONDITIONS
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING.
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEMS(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:

General Terms of the Auction: Information is subject to change. All lots are sold as is, where is, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. All sales are final. No credit card charge backs will be allowed. Purchases may be removed upon receipt of payment in full. Buyers assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone. All statements made prior to the sale 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.
1. Catalog: Beckort Auctions, LLC has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All property is sold as is and it is the bidder’s responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Bidders are encouraged to attend the scheduled inspection.
2. Buyer’s Premium & Sales Tax: There is a 10% buyer’s premium added to your total purchase. Please factor this into your bidding, whether in-person or online. Sales tax will be collected on the total, including premium, if applicable.
3. Registration: In order to better serve our customers, all bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to assure good communication between Beckort Auctions, LLC and the bidder throughout any transactions. For online bidding, we require you to register with a credit/debit card. The card information is kept confidential and is not automatically charged when you are a successful bidder. Beckort Auctions, LLC reserves 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 username is offensive to Beckort Auctions, LLC or in their sole opinion detrimental to Bidding Activity, then Beckort Auctions, LLC reserves the right to delete the bidder from bidding or unilaterally 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.
4. Bidding: The auctioneer may reject a nominal advance, should it in his estimation prove injurious to the auction. The auctioneer shall be the final judge in all bidding disputes and shall name a bidder as the purchaser. The auction company shall not be held responsible for any ‘missed’ bids. By bidding on any item, the bidder shows acceptance of the terms of the auction. Our online auctions move quickly! If you are online and interested in an item, bid quickly.
5. Payments: All in-person or absentee bidders must settle their accounts at the conclusion of the auction. We accept cash, checks, Visa, MasterCard, American Express and Discover cards. If the buyer chooses to pay by credit/debit card, there will be an additional 5% buyer’s premium applied. There is no additional buyer’s premium if payment is made with cash, check or wire transfer. Any transaction necessary to collect insufficient funds will have a $25 fee imposed.
If you are a successful online bidder, you will receive an email detailing the date(s) and location where you may pick up your items, or have them shipped. At that time you may choose to pay for your purchase using the credit/debit card we have on file or pay by cash, wire transfer or check. A 5% buyer’s premium is applied to all credit/debit purchases. There is no additional buyer’s premium if purchase is made with cash, wire transfer or check. After the pick-up date(s) if not contacted by the buyer to make shipping arrangements, credit/debit card will be charged. Your credit/debit card will be charged for your purchases, plus buyer’s premiums, any taxes and premium for charge to card. Each transaction necessary to collect insufficient funds will have a $25 fee imposed.
6. Pick-ups: It is the buyer’s responsibility to review their purchases and their condition before removing items from the premises. Online buyers should contact auction company to make arrangements for pick-up or shipping. If an online successful bidder does notify an auction representative, the credit/debit card used to register will be charged with the additional 5% buyer’s premium. See auction details for specific auction information.
7. Shipping: Packing and shipping costs are the responsibility of the buyer and will be quoted before shipping. It is the buyer’s decision to insure or not insure purchased items. Our first priority is to deliver your new purchase in excellent condition. If you wish to ship your items as opposed to picking up your items, you must notify David (david@beckortauctions.com) within 36 hours of receiving your invoice.
8. Missing Items: We document the contents of each package. If we have missed an item in your shipment our documentation will show that. Please notify us within 2 business days of receiving the package if you think something is not included. If our documentation shows it was not packed, we will forward it immediately at our cost. We are not responsible for boxes opened by anyone other than the owner. Please check the entire box and packaging for contents. DO NOT discard the original shipping box and packaging if you think something is missing or damaged.
9. Unpaid Balances: Successful online bidders not paying for items within 3 days of the date of the auction will be considered in default. Such default by the successful bidder will result in that bidder’s liability to both the seller and Beckort Auctions. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) seller can resell the items either publicly or privately with Beckort Auctions and in such an event, the buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the seller and Beckort Auctions.
In addition, Beckort Auctions also reserves the right to recover any damages separately from the breach of the buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Beckort Auctions in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Beckort Auctions and any other costs or losses incurred by the buyers failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Harrison County, Indiana at the option of both the seller and Beckort Auctions.
Both the successful bidder and seller shall indemnify Beckort Auctions for and hold harmless Beckort Auctions from any costs, losses, liabilities, or expenses, including attorney fees resulting from Beckort Auctions being named as a party to any legal action resulting from either bidders or sellers failure to fultill any obligations and undertakings as set forth in this contractual agreement.
10. Bidder Verification: Bidding rights are provisional, and if identity verification is questionable, Beckort Auctions has the right to reject the registration, and bidding activity will be terminated. The seller and Beckort Auctions 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 Beckort Auctions or in their sole opinion detrimental to bidding activity, then Beckort Auctions reserves the right to delete the bidder from bidding or unilaterally 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.
11. Technical Issues: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Beckort Auctions, LLC reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software, nor Beckort Auctions, LLC, shall be held responsible for the failure of the software, internet or other technologies to function properly for any reason.
Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Beckort Auctions and the seller and that you, as the bidder, are prepared to purchase items under these terms and conditions.
ANY ANNOUNCEMENTS MADE THE DAY OF THE SALE TAKE PRECEDENCE OVER PRINTED MATERIAL OR ANY OTHER ORAL STATEMENT MADE.



Revised 02/18/2019
BECKORT AUCTIONS, LLC - 117 E. CHESTNUT STREET - CORYDON, IN 47112 - 812-738-9476 - WWW.BECKORTAUCTIONS.COM