Online Auction Terms and Conditions/User Agreement
Bidder and Auctioneer agree the terms listed below shall govern each auction. All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale. Bidder acknowledges that this auction is conducted electronically and the auctioneer/seller and buyer rely on hardware and software that may malfunction without warning.
To proceed with Bidder Registration you must first agree to the following Terms and Conditions / User Agreement
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service only in conjunction with your parent or legal guardians. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
Information that is used or shared by The Wendt Group, Inc. is the individual suppliers and is believed to be honest and correct. The Wendt Group, Inc., owners, agents or etc. are not responsible for any misleading information that is mistakably listed. The Wendt Group, Inc. is not responsible for any failures or lack of expectations on products marketed at this site.
Description of Information:
The descriptions of items appearing in the auction and in advertising prior to this sale are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item shall be construed as a warranty either express or implied. ITEMS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each lot in which Bidder had any interest to determine the lots nature, quality and size. Bidder relied solely on personal inspection and not on information listed on website or otherwise provided by Auctioneer or Owner/Seller. If Bidder failed to inspect any lot, this failure to inspect, or otherwise be fully informed as to the lots nature, quality, condition, quantity and size will not constitute ground for any claim, adjustment refund, termination or the contract for sale, or refusal to close the sale. These written terms constitute the final expression of the parties' agreement and a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. We do not have control over the items that are posted in the auction site, and cannot guarantee the authenticity and quality of said property. We are not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented "As Is." Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and other important information is located on the first page of each auction.
Bidding is done in increments and will vary by item according to the current price. You are encouraged to bid the maximum amount you are willing to pay for the item (Maximum Bidding). Be aware that you may be outbid minutes before the close of the auction and may not have the opportunity to enter another bid.
You will not automatically receive notification if another bidder outbids your maximum bid via email. You will need to monitor the auction activity to stay informed.
In the event of a tie, the earlier bid will be considered the winning bid. When bidding ends, all sales shall be considered final. All items are sold "as is." There are no exchanges or refunds absent and express statement to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that the bidder is familiar with the Terms and Conditions of Use and Auction Rules and that the bidder agrees to be bound by them.
Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the bidders own computer. The time lapse between submission of a bid and its registration can vary by several seconds. Bids are queued by The Wendt Group, Inc. host computer in the order received. Bid positions are awarded on a first come first served basis. Bids are time stamped by the host computer with the time received. To be accepted, bids must be received by the host computer prior to closeout. In the event of malfunction by The Wendt Group, Inc. host computer the auction process will be stopped. If the malfunction has not affected the sale of livestock or merchandise sold prior to the malfunction the items will be considered sold. Auction of remaining lots will be completed upon correction of the malfunction. Bidding will be open, with no bid positions awarded upon resumption of the auction. Any malfunction by the buyer's computer or Internet service provider is not the responsibility of The Wendt Group, Inc.
As a Bidder, placing a bid is a binding contract between you and the Owner/Seller, and the bid cannot be retracted unless due to fault by the Owner/Seller of typographical error, or other error, due to human error on the Owner/Seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Seller of property sold through this web site reserve the right to reject any and all bids if they so choose.
As a Bidder you are responsible for any bids placed by you or a designated representative 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 The Wendt Group, Inc immediately.
Bidders agree that when using the Maximum Bid feature on our website they use it according to the specifications we have in place for that feature. Please note that when using the Maximum Bid feature, if you are the current high Bidder and you want to change your Maximum Bid, you will be required to place a new bid in the increment designated for that item in order to raise your Maximum Bid which may cause you to raise your last high bid by one bid increment. You, as a Bidder, understand and agree to how the Maximum Bid feature works if you choose to use it.
There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made you disclose your intent and ability to buy the item at the bid price. A fraudulent bid may result in legal action. Any winning bidder who refuses to purchase the item may be banned from future auctions.
Despite efforts to avoid the withdrawal of items from the sale after they are listed it may sometimes be necessary; therefore, the Owner/Seller reserves the right to do so at any time before or during the sale.
An auction item may have a reserve price. The reserve price is the lowest price at which an item will be sold. The reserve price is never disclosed to bidders, but a note may be displayed in the item information screen specifying a reserve price. When the reserved price has been met the screen may read " Reserve Price Met." The item will then be sold to the highest bidder at the conclusion of the auction. When an article is sold with reserve the auctioneer may bid on the seller's behalf in an amount not to exceed the reserve price. If the reserve price is not met, the item will not be sold during that auction. The Owner/Sellers reserve the right to accept or reject any or all bids unless otherwise stated.
Limit of Liability:
In no event shall The Wendt Group, Inc. be liable for lost profits or any special, incidental, or consequential damages whatsoever arising, including negligence, arising out of or in connection with any sale.
The Wendt Group, Inc reserves the right to reject or void bids, whether winning or not, that The Wendt Group, Inc. deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws.
The Wendt Group, Inc. is the one and only judge regarding the determination of winning bidders, are the single deciding authority if dispute should arise, and accept no liability for any errors or omissions. Auctioneer reserves the right to reopen bidding on any disputed bids or ties.
The Wendt Group, Inc. reserves the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate.
The Wendt Group, Inc. will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
Title and Delivery:
Title passes to the buyer at the end of the allotted bidding time for each lot. All risk of death, damage, or injury to each lot becomes the buyer's risk upon the end of the allotted bidding time. Each buyer following his or her purchase will receive an Acknowledgement of Purchase via email outlining the details of the transaction including payment, settlement, and final terms.
Registration papers shall be delivered from the seller to the buyer within approximately 45 days of the check clearing the bank or acceptance of final payment. The seller is responsible for the transfer of registration papers. The Auctioneer and Auction Company assume no responsibility for registration transfers.
The buyer at buyer's own expense shall transport the livestock or merchandise from the seller. Specific arrangements will be indicated on each individual auction and expenses will be handled between buyer and seller. If questions contact the seller before placing any bids.
Payment for purchases must be made payable to Kevin Wendt, Auctioneer and sent to
The Wendt Group, Inc.
121 Jackson Street
Plain City, OH 43064
unless otherwise noted in the specific auction's terms and conditions. Buyer must acknowledge and agree not to retract the purchase offer. Buyer shall be responsible for making arrangements for delivery of merchandise or livestock. All bids are in US Dollars; all settlements will be paid in US Dollars.
Persons acting as agents must so indicate when signing the Acknowledgement of Purchase.
Default of Purchase:
If any person shall purchase a lot and fail to pay for it in the manner described above, the seller shall have, in addition to all of legal rights, the right to resell the lot, or at seller's option, bring an action for specific performance, in which event the defaulting buyer agrees to pay all costs of such suit, together will all reasonable attorney's fees and costs. In the event of a resale, the defaulting buyer agrees to pay all costs of resale, plus any deficiency between the original purchase price and the total price upon resale. If buyer brings lawsuit toward The Wendt Group, Inc. and does not prevail, buyer will reimburse The Wendt Group, Inc. for all reasonable legal fees and expenses connected with said suit.
Buyers and Sellers agree to indemnify and hold this auction site, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Buyers and Sellers use of the service, the violation of these terms of service by member, or the infringement by member, or other user of the service using member's computer, of any intellectual property or other right of any person or entity.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items.
You and The Wendt Group, Inc. are independent contractors, and no agency, partnership, joint venture, employee- employer, or franchiser- franchisee relationship is intended or created by this agreement.
Any legal controversy or legal claim arising our of or relating to this agreement or our services, excluding legal action taken by The Wendt Group, Inc. to collect our fees and/or recover damages for, or obtain an injunction relating to, The Wendt Group, Inc. site operations, intellectual property, and our services, 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 the State of Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or The Wendt Group, Inc. may seek an interim or preliminary relief from a court of competent jurisdiction in the state of Ohio necessary to protect the rights or property of you or The Wendt Group, Inc. pending the completion of arbitration. Should either party file an action contrary to this provision the other party may recover reasonable attorney's fees and costs.
This agreement shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. We do not guarantee continuous or uninterrupted, or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this agreement held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this agreement and all incorporated agreements maybe automatically assigned by The Wendt Group, Inc. in our sole discretion, to a third party, in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The Wendt Group, Inc. provides a venue and mechanism to bring buyers and sellers together over the Internet. Since we do not participate in the physical transaction between buyers and sellers, we do not have any control or assume responsibility for the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of the sellers to sell items or the ability of buyers to buy items. Additionally we do not have control over whether buyers or sellers actually complete the transaction. Because user authentication on the Internet is difficult, we cannot confirm the identity of members and we take no responsibility for the validity of each member.
By using the Service, you acknowledge that The Wendt Group, Inc. cannot possibly authenticate members validity and in the event of a dispute between members, you release The Wendt Group, Inc., our partners, employees, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Wendt Group, Inc. may amend these terms and conditions at any time by posting the amended terms on our website. The amended terms shall automatically be effective 10 days after they are initially on our website. These terms and conditions were last revised on September 12, 2009.
The services hereunder are offered by The Wendt Group, Inc. Corporate Offices and Kevin Wendt, CAI-Auctioneer located at The Wendt Group, Inc., 121 Jackson Street, Plain City, OH 43064, (614) 403-0726. The auctioneer and auction company are acting as an agent for the Owner/Seller.
You must submit personal information at the time of registration to bid on this auction site. We will never give or sell your information to any outside company. The information you provide us with will only be used by us, the auction company, and the Sellers that you purchase items from, to maintain records for the auction sales and to aid us in providing service to you. This auction contains links to other sites. We are not responsible for the privacy practices or the content of other web sites.
By using our website, you are consenting to the collection and use of this information by this auction company. We use email mailing lists to notify our customers about online and live auctions. If your e-mail or other registration information changes please notify us immediately. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to us and we will promptly remove your name from our list.