Special Terms
Bidder Terms & Conditions - These Bidder Terms and Conditions shall be governed by and construed in accordance with the laws of South Dakota, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between parties will be brought in the state for federal courts sitting in and for Brown County, South Dakota, which courts shall have exclusive jurisdiction, and shall be the exclusive venue, for any and all such claims, disputes and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms and Conditions, or the transactions contemplated hereby, shall be brought in the state or federal courts sitting in and for Brown County, South Dakota, (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each bidder waives trial by jury.
1) All property is being offered and sold in it's AS/IS/WHERE IS condition at the time of the auction, with all faults, including any hidden defects of any nature. Neither auctioneer nor seller makes any representations, warranties, or guarantees whatsoever, express or implied, regarding the nature, value, source, authenticity, fitness, merchantability, and/or any other aspect of characteristics of such property. No statement anywhere, whether expressed or implied, including verbal statements made by auctioneer, will be deemed a warranty or representation by auctioneer or seller. Without limiting the generality of the foregoing, there are no warranties of title, non-infringement, authenticity, origin, merchantability, or fitness for a particular purpose, all of which are expressly disclaimed. Each bidder acknowledges and agrees that such bidder cannot rely, and has not relied, on any representation, warranty, or guaranty made by seller or anyone acting as agent of the seller, orally or in writing, about the property, or any of it. By bidding, each bidder acknowledges and agrees that such bidder has had a full and fair opportunity to inspect the property, and is relying solely on, or has waived, such bidder's inspection and investigation (i) in determining whether to bid, (ii) in determining the amount to bid, and (iii) in bidding.
2) Announcements made auction day supercedes all printed material. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
3 ) We have not had any of the items examined by an expert for authentication nor have any been graded for the auction.
4) Buyer acknowledges that all catalogs, brochures, flyers, newspaper ads, etc. provided are for information purposes only and are not to be relied upon as to the accuracy or truth of the statements, descriptions or depictions therein. Buyer acknowledges that he/she is responsible to determine the validity of the contents of all printed materials thereof. In no event shall Jark/Worlie Auction, LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
5) Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuiness, value or any other determinative factor. Jark/Worlie Auction, LLC makes no representation of accuracy of mileage or hours. Mileage or hours stated is what is shown on each item. Jark/Worlie Auction, LLC shall endeavor to describe in detail each item and any pertinent information about it.
6) Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuiness, value or any other determinative factor.
7) Buyer acknowledges and agrees that Jark/Worlie Auction, LLC will not be responsible for any hidden defect.
8) Buyer acknowledges that all items remain at the risk of the Buyer as of the time the bid is accepted. It shall be the responsibility of the Buyer to insure the item(s) and to remove same safely from the auction site at his own cost and risk. Jark/Worlie Auction, LLC and the Seller shall not be responsible for any loss or damage caused by the fault of the Buyer or his agents in the course of removal of the item(s) from the site, and the Buyer further agrees to indemnify and save harmless the Seller and Jark/Worlie Auction, LLC from any claim, demand, suit, action for loss, damage or injury suffered as a result thereof.
9) Nothing to be removed until payment is made in full. Buyer agrees to pay all applicable federal or provincial sales tax (4 1/2%), in addition to the full purchase price of the item.
10) Jark/Worlie Auction, LLC is providing internet pre-auction and live bidding as a service to Bidder. Auctioneer and Seller will not be responsible for technology disruptions, errors or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.
11) Jark/Worlie Auction, LLC will not be responsible for any missed bids from any source.
12) Jark/Worlie Auction, LLC reserves the right to revoke any bidding card.
13) Jark/Worlie Auction, LLC reserves the right to withdraw or re-catalog items in this auction.
14) Purchaser is responsible for all document and transfer fees.
15) Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. The seller does reserve the right to make the final bid and the Auctioneer does have the right to bid on behalf of the seller.
15) Buyer agrees to indemnify and save harmless Jark/Worlie Auction, LLC from any claim demand, action or suit for loss, damage or injury to a third party after the time of purchase and before title documents have been delivered to the Buyer.
16) Jark/Worlie Auction, LLC is not responsible for accidents. Inspection and/or operation of any item by bidder or his agent, servant or employee shall be done at own risk. Jark/Worlie Auction, LLC is not responsible for any loss, damage or injury of any kind whatsoever or howsoever caused to any person or property on the auction site.
20) Nothing to be removed until paid for. All items must be removed from the sale site by November, 14, 2019.
