Auction Terms & Conditions All Property Is Sold As-Is Where-Is, With No Warranty (except as to the warranty of title), Expressed, Written or Implied and All Sales Are Final: Koehler Auctions has put forth every effort in preparing the catalog for this auction in regard to disclosing facts and any known defects associated with Property being sold, prior to the close of the auction.
Koehler Auctions is not responsible for any errors or omissions in the description of the Property being sold. In no event shall Koehler Auctions be held responsible for having made or implied any warranty of merchant-ability or fitness for a particular purpose. It is the responsibility of the Bidder/Buyer to thoroughly inspect the item(s) and to judge solely on the information provided, including but not limited to kind, condition, age, year, model, serial number, etc.
Any bidder who bids off-site/online understands and acknowledges that they may not be able to inspect an item as well as if they examined in person. All prospective bidders when registering for the auction warrant and represent that they have either inspected the lots or have had the opportunity to inspect the lots and will accept each and every lot in its current condition and location. All implied warranties of Merchantability and Fitness For Purpose Are Specifically Disclaimed by us and the consignor, (if the items are being sold on consignment) specifically, neither we nor the consignor make any representation or warranty of any kind, express, or implied with respect to any of the following characteristics of the property: age, authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size, quality, rarity, value exhibitions, historical references or significance, medium, material, period, culture, source origin. All information in the catalog, sale bill, Auction listing, advertising, web site or elsewhere, concerning the characteristics mentioned in the above, is offered to bidders as a statement of opinion only. It is not intended to contain statements of fact for which we or the consignor may be held liable.
This disclaimer of liability on our part applies whether the information is included in any catalog, sale bill, web site, or any advertisements, announcements or communicated through our representatives, bills of sale or elsewhere, and whether written or oral. Neither we, nor the consignor, shall be responsible for the correctness or accuracy of descriptions or other information in this catalog or elsewhere. The bidder assumes the full responsibility to inspect and evaluate the property to its, his or her complete satisfaction prior to any bid or purchase. The bidder must make an independent judgment about the Property, its value descriptions or other information about the Property. We may, without in any way diminishing our disclaimers of liability contained in the above and elsewhere, mention in the description of the item or lot, significant damage, although this does not include all faults, imperfections and restorations. All measurements and weights stated in any of the means of communication are approximate, unless accompanied by a G.I.A. or comparable certificate certifying measurements and weight.
For safety of operation of electrical items including but not limited to (lamps, lights, chandeliers, and sconces, fans, or other electrical devices); Auctioneer recommends that all electrical items we sell be checked and installed by a licensed electrician. Many of the electrical items we sell are vintage or antique and as such may not meet current safety standards, specifically many of the table lamps may have non-polarized plugs, the hanging lamps may lack grounding conductors, and the fans finger guards are not to modern standards. Buyers assume responsibility to check with the Authority Having Jurisdiction regarding the local codes about these electrical devices and assume any and all liability for their installation and/or operation.
Payment Instructions: Accepted forms of payment are MasterCard, VISA. Your credit card on file with "Hi Bid" will be charged immediately following the auction unless other arrangements have been made while registering for the auction. Please read the Auction Details for additional terms.
BUYERS PREMIUM & SALES TAX: If You are the successful Bidder, you agree to pay the amount of Your bid plus an 15% (fifteen percent) buyer's premium and any applicable Ohio State and local sales taxes. If you are an Ohio resident and also tax exempt, you must submit your Vendors License BEFORE the auction begins.
TAX EXEMPT: If you are a tax-exempt Bidder, it is your obligation to go to Your Bidder Profile and fill in your tax-exempt number. You will be contacted by Koehler Auctions with further instructions to complete the tax-exempt process.
PAYMENT INSTRUCTIONS: Payment must be made in full by the end of the stated auction pick-up time. You may pay for your invoices in two ways: (1) via the Online Checkout - Your credit card on file with "Highbid" will be charged immediately following the auction, (2) in person at the auction pick-up. Currency Type: USD
FAILURE TO REMIT PAYMENT: Any items not paid for in accordance with the Koehler Auctions Terms and Conditions will be forfeited by you and shall be deemed a breach of this Agreement. Koehler Auctions may, in its sole and absolute discretion, resell the items. Any default in payment will be subject to interest and collection fees. Koehler Auctions and/or its affiliates reserve the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your bidding privileges may be in jeopardy if you fail to remit payment for an invoice issued. You are also advised that Koehler Auctions may aggressively enforce its rights to the fullest extent of the law, including civil and/or criminal prosecution.
Arrangements in regard to payment and removal must be detailed to Koehler Auctions after receipt of the invoice. Please be aware of the removal dates listed on the auction catalog as well as the auction details page. At removal purchaser must provide invoice and identification. It is the buyers' responsibility to check the condition of the entire lot/ item in the presence of a Koehler Auctions employee before removing from the premises. We will not be held responsible for any issues discovered after the items(s) leave the auction location. Bidder agrees that everything is sold as is and that no return or refund will be granted on any item they purchase. Koehler Auctions will not be held accountable for buyer's additional expenses such as loading cost, commission, transportation, mechanical repair fees.
Our staff is limited. Therefore, when you purchase large items, please bring enough help. Koehler Auctions assumes no responsibility on loading of buyer's items and buyer holds Koehler Auctions harmless in all loading assistance.
ITEMS NOT PICKED UP: Any item not picked up on the day(s) established for removal, your credit card will automatically be charged for the invoice amount plus any applicable storage /handling fees. If your credit card will not process and you refuse to honor your bid, you will be blocked from the system. If you are unable to make the removal dates, please inform us at (740/819-8441) and we will work with you if possible. If items are not picked up within 7 days of the last removal day, all items left become the sole property of Koehler Auctions & no refund is given if a refund is even applicable. No leniency in regard to this policy! If buyer does not pick up items or make payments up to date on merchandise, the buyer is blocked by Koehler Auctions.
BIDDING TERMS AND BID ACCEPTANCE:
All bids are subject to acceptance by the Koehler Auctions. Registration: In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. Credit card and Driver's License Information is required at registration also. This is to insure good communication between Koehler Auctions and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, Koehler Auctions Will reject the registration, and bidding activity will be terminated.
Our on-line auctions move quickly! If you are interested in bidding, bid quickly, especially at the close of the bidding time. The bidding software will notify bidders by email at registration when they have been outbid. Bidders may also check if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections/ speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications and text messages can be delayed. If you win you will be notified by email. It is recommended that you watch the auction at the extended bidding time session to make sure you are the high bidder.
PLACING A BID:
By placing a bid, you agree to all of the terms and conditions which is set forth by Koehler Auctions and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the item/ property being auctioned. Times shall be of the essence. Koehler Auctions reserves the right to update, withdraw or re-catalog items in this auction. Koehler Auctions' employees may bid on auction items for personal consumption. Koehler Auctions' employees and/or Auction Company may bid on auction for absentee bidders or at the direction of interested bidders who refuse to create an online account but desire to bid at the auction.
When placing a bid, bidding must increase by the following specified increments:
CURRENT BID INCREMENT
$1- $9 $1
>$10 - $99 $5
>$100 - $999 $10
>$1000 - $99,999 $50
>$100,000 + $100
MAX BIDS: Internet bidders who desire to make certain their bids are acknowledged should use the internet bidding feature and leave their maximum bid. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. Max bids are taken in the order of date and time when placed.
BIDDING RECORDS: Should a bid be placed within the last five minutes of a lot's ending time, the ending time will automatically be extended to THREE minutes from the time that bid is placed. The timer will continue to extend in the same manner until the bidding activity has stopped. An item closes when the timer on the lot hits zero. The winning bidder of an item is the last Bidder the bid history recorded before the timer hits zero.
BID NOTIFICATIONS: Outbid Alerts can be enabled or disabled in Your Bidder Profile. Outbid notifications can be received via email, text message or both methods. The notifications are sent until the lot is closed.
Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction have closed. It will detail the date, time, location, and Bidder notes for the auction pick-up of your winning items. If you feel you have won an item(s) and you have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should you need your notification resent, please contact Koehler Auctions. Please be aware that once the auction pick-up time has ended, we will no longer be able to send purchase notifications.
BIDDING ERRORS: With each bid placed, you are asked to confirm the bid amount entered. Should a mistake be made before the time the auction's bidding is scheduled to end; you may request to have your error corrected. Koehler Auctions will have sole discretion over how or if this error will be corrected. Please submit your request immediately by calling Jeff Koehler 740/819-8441 however, if the mistake is made while the auction is closing, the bid will stand as entered.
TIMELINESS OF BIDDING ERROR REPORTS - BIDS CANNOT BE REVERSED AFTER THE AUCTION HAS CLOSED - NO EXCEPTIONS WILL BE PERMITTED.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Koehler Auctions is providing online bidding as a service to Bidder through a third-party provider. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Koehler Auctions or provider if the internet service fails to work correctly. Koehler Auctions. Will not be responsible for any missed bids from any source. In the event, there are technical difficulties related to the server, software or any other online auction-related technologies, Koehler Auctions, reserve the right to extend bidding, continue the bidding, or close the bidding or increase of decrease the extended time amount at the end of the auction.
Buyer and or bidder agrees that Koehler Auctions is a representative of the Seller and agrees to hold harmless and indemnify Koehler Auctions and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.
These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio. Auctions with ONLINE ONLY bidding are not subject to the Auction statute (4707) and are not under the supervision of the Department of Agriculture. Any suit relating to these Terms & Conditions shall be brought to the Court of Common Pleas in the county in which the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the arbitrator, may be entered in any court having jurisdiction therefor. In any litigation, arbitration, or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys' fees incurred in any dispute through arbitration and appeal of and final judgement in addition to any relief to which such party may be entitled.
By Bidding on Any Item, the Bidder Shows Acceptance of the Terms of the Auction.
Jeff Koehler CAI AARE