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Please read and familiarize yourself with the terms and conditions of the sale. Use of the auction facilities acknowledges that you have read, understand and agree to abide by the terms and conditions. Changes may be made to the terms and conditions from time to time. In case of a change, it will be announced and posted at the sale prior to the change and will become binding to all parties from that time forward. All prospective buyers and sellers must register at the office. Plain City Dealer Tack Auction, its associates, and the auctioneer(s) act as AGENT ONLY. Any warranties or guarantees, whether expressed or implied are between the buyer and the seller.
Bids: The highest bidder will be the Buyer. Should any dispute arise between two or more bidders, the item(s) in question will immediately be put up for advanced bids. If there is no advance, the item(s) will go to the person from whom the auctioneer recognized the last bid. The auctioneer's decision will be final regarding any dispute. The auctioneer(s) will decline any bid made by parties who have defaulted in former purchases or whom are, in his/her opinion, are not responsible bidders. Otherwise, every bid will be considered valid and binding. When the auctioneer strikes off anything as sold at that very moment a binding sales contract between the buyer and seller has been entered into and ownership changes hands from the seller to the buyer. Plain City Dealer Tack Auction acts as agent only.
Limited Warranties: The seller is the responsible party for all representations or warranties, expressed or implied concerning the condition of any and all items sold. Buyers should satisfy themselves concerning the condition of anything they purchase prior to bidding. Plain City Dealer Tack Auction serves as agent only, is not the seller, and makes no guarantee of any horse product, tack, vehicle, trailer, or other items sold at this auction. If the owner/consignor/seller makes a specific guarantee, in such case, right of recourse must be directed to the seller. Buyers are cautioned to inspect everything that plan to bid on to their own satisfaction prior to bidding on it.
Registration: All Consignors (sellers) and buyers must be registered to participate in the sale. All items for sale must be presented at the office promptly upon arriving on the sale grounds. All lots checked in must go through the auction ring. There may be a buy-back charge for "no sales" that do not pass through the auction ring. Lots will pass through the auction ring in the order posted from the results of the Consignor's Position Auction and subsequent drawing of positions for the remaining time slots. Plain City Dealer Tack Auction reserves the right to make changes to the sale ring order to accommodate large lots or other special considerations. Plain City Dealer Tack Auction reserves the right to send anyone "breaking in line" to the end of the line.
Inspection: It is highly recommended that you inspect everything to your own satisfaction before you bid on it. Your protection is your responsibility. The auctioneer will relay any guarantees or warranties made by the consignor. Bidding acknowledges that you have inspected to your own satisfaction. Please examine items carefully prior to bidding and listen to the announcements made in the sale ring.
Outside sales, Alley sales, no sales, and pass outs: Consignors have the right to enter into private treaty with buyers. In such a case, both buyer and seller report to the office where title passes to the buyer, the buyer becomes the consignor, and all rules and regulations as set forth by the Ohio Department of Agriculture and the Ohio Auctioneers Commission apply to the transaction as if it was struck off on the auction block. If a sale originates on our grounds and is finalized elsewhere, the seller is honor bound to notify Plain City Dealer Tack Auction. All items checked in must pass through the auction ring. All consignors who "no sale" or "pass out" their items must do so before leaving the sale ring. Plain City Dealer Tack Auction reserves the right to refuse service to and report to other sales anyone suspected of abusing this policy
Title: Title to and right of loss passes to the buyer when the product, tack, vehicle, or trailer or is announced sold by the auctioneer. Immediately after the item is sold, it will be the sole risk and responsibility of the buyer. Effective from the time of purchase the buyer assumes responsibility for his/her purchases. The buyer further agrees to indemnity and hold the consignor and Plain City Dealer Tack Auction, harmless from all loss, cost and expense arising from loss or damage to property and injury or death of persons caused by the buyer, the buyers agent or employees, or by the any other party subsequent to the time of purchase.
Payment to sellers: The Ohio Department of Agriculture licenses and bonds for the Auctioneer require us to issue payment to all sellers from a bonded custodial account immediately after the sale. Furthermore, those same requirements dictate that all proceeds from the sales be deposited into the custodial account on the next business day following the sale. Those deposits post to the custodial account no later than the third business day after the sale at which time the funds are available to the sellers.
Payment from buyers: Terms of the sale are for payment in full by cash, check, Visa, MasterCard, or bank debit card and must be made to the office cashier immediately following the sale unless arrangements are made at the office prior to bidding. A fee of $50.00 will be charged on all returned checks. Any legal and/or collection fees required to satisfy a dishonored check, stop payment, charge back, or non-payment will be the responsibility of the buyer. Since Plain City Dealer Tack Auction acts as agent only, "charge backs" on credit cards will be immediately prosecuted and reported as if a dishonored check and failure to pay for product. All returned checks not promptly resolved will be prosecuted and reported to the Ohio Department of Agriculture, the Ohio Auctioneers Commission, and forwarded to all tack/livestock sales in the midwest. All checks will be processed through a third-party check processing service.
Removal: Upon receiving payment for items purchased following the sale, the office cashier will issue a receipt to the buyer, who may then obtain possession and remove the purchased items from the building. The paid receipt must be presented to the Plain City Dealer Tack Auction attendant(s) at the exits of the building. Do not remove numbers from the lots until they are off the auction grounds, as they must correspond with the receipt. Purchases must be removed the day of the sale. Purchases left at the auction are done so at the owner's risk.
Disputes: In the case of any dispute, addresses and phone numbers of both buyer and seller will be provided to both parties. Plain City Dealer Tack Auction, its associates, and the auctioneer(s) act as AGENT ONLY. Any warranties or guarantees, whether expressed or implied are between the buyer and the seller. In the case of any dispute, right of recourse must be directed to the seller.
Privacy Policy: Plain City Dealer Tack Auction is required by licensing agencies to maintain personal information on all buyers and sellers, including name, address, phone number, email address, and social security number for a period of three (3) years. It is our guarantee to you that this information is protected at all times and will never, under any circumstances be given out unless under subpoena. In the case of a dispute, only the address and phone number of the involved buyer and seller will be exchanged.
Terms of Sale: All sales are final. Full payment must be made immediately upon sale. Buyers assume all expenses and risks on purchase after the fall of the Auctioneer's gavel. Buyer shall be liable to ten percent (10.0%) liquidated damage for any default.
Bid Procedure: The Auctioneer reserves the right to reopen bidding in the event of a tie bid and to reject a fractional advance if in his sole discretion such bid would negatively affect the sale.
Record of Sale: The Auctioneer shall record all sales in his/her professional opinion are deemed final.
Risk of Loss: The Buyer assumes all risk of loss and responsibility immediately upon the sale and is not conditioned upon payment.
Terms of Payment: All purchases are subject to credit card, cash, or check (approved by third party check processing firm). Checks will require a current, valid driver's license to be processed. The acceptance of all checks are subject to the approval of the check processing firm.
Disclaimer of Advertising: The Auctioneer(s) and Plain City Dealer Tack Auction are not responsible for any advertising inaccuracy, terms or omissions from the sales catalog. Any representations in the catalog are those of the Seller. The Auctioneer(s) and Plain City Dealer Tack Auction assume no liability regarding the written or verbal representations in the catalog regarding the items listed.
Place of Sale: All persons attending the exhibition or sale assume all risks of injury, damage, or loss to personal property. The Auctioneer(s) and Plain City Dealer Tack Auction make no representation regarding the condition of the premises upon which the sale will be held. As a condition of attendance, all persons specifically release the Auctioneer(s) and Plain City Dealer Tack Auction from any such liability.
Disclaimer of Loss: All sales are between the Seller and the Buyer. All representations and conditions of sale shall be the responsibility and duty of the Buyer and Seller. Auctioneer(s) and Plain City Dealer Tack Auction shall not be responsible and assume no liability of any claims or accidents occurring to spectators, Buyers, Sellers, or merchandise or loss in any way whatsoever.
Merchandise: All merchandise is sold "as is" "where is" and the Buyer acknowledges that no warranties of merchantability or fitness for any particular purpose are to be implied in this transaction. Upon sale, the Auctioneer(s) and Plain City Dealer Tack Auction shall not be responsible for any shortages which may occur prior to delivery.
Enforcement of Rights: Failure of any obligations of Sellers and Buyers of the terms herein shall be deemed a violation and the issuance of any fraudulent or insufficient funds checks shall be vigorously pursued by the Plain City Dealer Tack Auction, and shall be subject to a NSF Check Charge and a Surrender of Consignment Fee.
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