Special Terms
Bidder Registration: By registering to bid and accepting a bidder number, all bidders acknowledge he/she has read and agrees to be bound by the terms and conditions set forth. A bidders number is NON-TRANSFERABLE.
Bidder Verification: The identity of all bidders will be verified, and bidding rights are provisional, and if complete verification is not possible, Proxibid or Ball Auction Service will reject the registration and bidding activity will be terminated. Ball Auction Service reserves the right to refuse any applicant the privilege of bidding or attending the auction and may revoke such privilege at any time.
Auctioneer Rights: All decisions of the Auctioneer are final. The Auctioneer reserves the right to reject any bid or bidders and has the sole authority to resolve any bidding disputes as they may arise. Ball Auction Service reserves the right to remove or cancel the bids and or bidding rights and privileges of any party, deemed not to be in the best interest of the seller, at any time. Ball Auction Service reserves the right to add or delete items throughout the auction.
Payment: All payments for successful bids to be made by wire transfer on Monday, April 29, 2024. Wire transfer instructions will be provided at the conclusion of the sale.
A 10% buyers premium will be added to online purchases. All bidders within the state of Oklahoma will be charged applicable sales tax unless a valid resale sales tax exemption certificate is provided prior to sale day.
Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
Any controversy or claim arising out of or relating to this bidding process shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chandler Oklahoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Lincoln County, Oklahoma necessary to protect the rights or property of Auctioneer pending the completion of arbitration.
Representation: Although information has been obtained from sourced deemed reliable, the Auctioneers, Ball Auction Service, its representatives, employees, nor the Seller make any guarantee or warranty of any kind. We do our best to represent the items to the best of our knowledge, however, ALL SALES ARE FINAL, AND SOLD “AS IS, WHERE IS”, WITH NO CONDITIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO TITLE, DESCRIPTION, FITNESS FOR PURPOSE, QUANTITY, QUALITY, MERCHANTABILITY, STATE, CONDITION, LOCATION OR OTHERWISE. NO SALE SHALL BE INVALIDATED AND THE AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT, ORAL ANNOUNCEMENT OR OTHERWISE. DESCRIPTIONS HAVE BEEN PREPARED FOR GUIDE PURPOSES ONLY AND SHALL NOT BE RELIED UPON BY THE PURCHASER FOR ACCURACY OR COMPLETENESS.
Indemnity: The Buyer assumes full responsibility and liability for any claim or actions based on or arising out of injures, death, damage, loss of property, sustained or alleged to have been sustained by Buyer, its agent, principals, associates, friends, family and/or employees, in connection with or to have arisen out of or incidental to the auction including but not limited to the performance of these terms, regardless of whether such claims or actions are founded whole or in part upon alleged negligence or negligent misrepresentation of Seller, Auctioneer, or the employees, agents, invitees thereof.
Bidder acknowledges that an auction site can be a potentially dangerous place and immediately upon registration, if not before, shall so notify his agents, servants, employees and others accompanying him. The auction site shall include any location where a lot is located for display and/or removal. Bidder agrees to indemnify and hold harmless Seller and Auctioneer and their respective officers, employees, servants and representatives from and against any and all claims, losses, damages, injuries, liabilities, costs and expenses of whatsoever kind or nature (including attorney's fees and costs) for any injury or death to any person or persons whomever or for damage to or loss or destruction of property occurring in, upon or about the auction site when such loss, damage or injury is occasioned, directly or indirectly, by the actions or omissions of the Bidder, his agents, servants or employees.
The Auctioneer assumes no responsibility or any liability once title passes, which occurs at time of payment in full. Purchasers are advised to prearrange for insurance coverage of their purchase(s). Without limiting the generality of the foregoing, the Auctioneer shall not be liable for any insurable risk, including but not limited to fire or theft (an “insurable risk”).
Removal Requirements: No article shall be removed unless paid for in full & all articles purchased shall be removed within the terms & assigned times. Anyone requiring access outside of these hours or beyond our published deadlines is subject to a non-negotiable per diem rate at Ball Auction Service’s sole discretion.
No article shall be removed unless paid for in full and all articles purchased shall be removed within the guidelines and terms stipulated. The Purchaser shall be responsible for all costs of removal and shall be liable for any damages, including without limitation, any environmental damage, caused during or as a result of the removal. Purchasers shall comply with all environmental laws and regulations and all requirements established by the Auctioneer for the removal of articles.
ALL SHIPPING, MOVING, RIGGING, HANDLING EXPENSES ARE TO BE PAID BY THE PURCHASER.
Purchasers/Movers/Riggers shall be held liable for all costs relating to damages and repairs to personal property and/ or premises as a result of their negligence and/or their activities.
If the Purchaser is unable to retrieve an article sold to the Purchaser due to any default of the Seller or Auctioneer other than loss due to an insurable risk, the Auctioneer's liability shall be limited to the reimbursement of the Purchaser for all monies paid to the Auctioneer by the Purchaser in respect of an article purchased, and the Auctioneer shall have no further liability to the Purchaser including without limitation, any damages for loss of profits.
Time shall be of the essence. Title may revert to seller in the event Purchaser does not remove their purchase by the time specified. If a Purchaser fails to make payment or remove goods within the time periods hereinabove provided, the Auctioneer may resell the article purchased by auction, private contract or otherwise, as the Auctioneer in his discretion deems advisable. If the Auctioneer makes a good faith attempt to resell the article but cannot, he may dispose or scrap the article.
The Purchaser shall be liable for the shortfall and all costs and expenses incurred in such resale or scrapping, as described above. These costs and expenses include, but are not limited to, attorney fees, court costs, law enforcement costs, moving and storage costs, and any other commissions incurred or fees assessed by the Auctioneer. Attorney fees and costs include, but are not limited to, such fees and costs incurred in the pursuit of a claim, judgment or a citation against the Purchaser(s) and/ or any Guarantor(s).
Buyer acknowledges he/she has read & agrees to be bound by the terms & conditions set for herein.
