Terms
Corporate Office: South Carolina
The following Corporate Terms & Conditions apply to all auctions conducted under the MarkNet Alliance umbrella. These provisions govern the rights and responsibilities of bidders, buyers, sellers, and affiliated auction companies. The supplemental Fowler Auction Terms & Conditions, which immediately follow, are incorporated into and made a part of this agreement. In the event of a conflict, the Fowler Auction Terms & Conditions shall supplement these Corporate Terms & Conditions except where prohibited by applicable law.
2. IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.
3. 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.
4. ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.
5. THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.
6. THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.
10. BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS.
11. ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER.
12. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.
13. TIME SHALL BE OF THE ESSENCE.
14. THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEY FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER.
15. THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS, WHERE IS". IT IS THE BIDDER'S SOLE RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED.
16. VENUE & JURISDICTION OF ALL DISPUTES: ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE STATE COURT OF COMMON PLEAS IN ANDERSON COUNTY, SOUTH CAROLINA.
17. CHOICE OF LAW: THE LAW OF THE STATE OF SOUTH CAROLINA SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE.
18. BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER'S PARTICIPATION IN THIS AUCTION.
19. BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION.
20. DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
21. I AGREE TO RECEIVE EMAILS AND TEXT MESSAGES (MSG & DATA RATES MAY APPLY FROM MARKNET ALLIANCE REGARDING CURRENT & UPCOMING AUCTIONS.
General Terms & Conditions for Fowler Auction & Real Estate Service, Inc.
Please read the Terms & Conditions for each auction in which you register. Individual auctions may include additional terms, conditions, disclosures, or requirements that are specific to that auction and are incorporated into these General Terms & Conditions.
PLEASE READ AND REVIEW THE FOLLOWING TERMS THOROUGHLY PRIOR TO BIDDING. It is very IMPORTANT that every Bidder read and understand the Terms & Conditions BEFORE bidding. Each Bidder is solely responsible for inspecting items of interest BEFORE bidding (all items are sold AS IS, WHERE IS) & picking up purchased items on the DESIGNATED day and time.
By bidding in this auction, Buyer agrees to ALL terms & conditions set forth and enters into a contractual agreement to purchase each item under the following Terms & Conditions.
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Real Estate: A Buyer's Premium will be added to the highest bid to arrive at the final purchase price. A non-refundable deposit of 20% (escrow money) of the total purchase price is required within 24 hours of the auction's closing. We do not accept a credit card for escrow money. The remaining balance shall be paid at closing, which must occur within thirty (30) days of auction date. All closing and settlement fees, including but not limited to surveys, inspections, reports, title insurance, any/all ad valor em taxes due are the Buyer's responsibility.
If for any reason the Buyer fails to make full payment in accordance with the terms above, the Buyer will be liable for the unpaid balance still due and owing, plus interest in the amount of twelve percent (12%) per annum from the auction date and reasonable attorney fees and expenses for collection as a result of said default.
SERVER, SOFTWARE TECHNICAL OR INTERNET ISSUES: In the event there are technical difficulties related to the server, software, or any other online auction-related technologies, reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR FOWLER AUCTION & REAL ESTATE SERVICE, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Fowler Auction & Real Estate Service, Inc.
Disclaimers & Absence of Warranties:
· Home may contain lead-base paint. Prospective Buyers may inspect ten (10) days prior to auction date at the sole expense of the potential Buyer.
· Information contained herein believed to be accurate but not guaranteed by Fowler Auction & Real Estate Service, Inc.
· In all transactions, the Auctioneers are acting as agents for the Seller only.
· Property will be sold 'AS IS, WHERE IS' with no guarantees, expressed or implied, by Fowler Auction & Real Estate Service, Inc.
· All decisions of the Auctioneers are final.
THIS AUCTION FEATURES AN AUTO BID EXTEND: When a bid is placed on an item in the final 3 minutes of bidding for that lot, bidding on that lot will automatically be extended 3 minutes from the time the bid was placed (i.e., if an auction lot scheduled to close at 6:00 receives a bid at 5:59, the close time for that lot will automatically extend to 6:02). The auto extend feature remains active until no further bids are received on a certain lot within a 3-minute time frame.
MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another Bidder has to bid to increase the current price and the bidding platform will automatically bid up to your maximum in the increments specified.
Fowler Auction & Real Estate Service, Inc. reserves the right to reject any and all bids for any reason prior to the close of bidding.
Fowler Auction & Real Estate Service, Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.
Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Fowler Auction & Real Estate Service, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Fowler Auction & Real Estate Service, Inc. reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc.
Bidder responsibilities include, but are not limited to: Bidders agree to keep his/her username and password confidential as each individual is responsible for ANY and ALL activity involving his/her account. If your USER NAME is offensive to Fowler Auction & Real Estate Service, Inc., then we reserve the right to terminate your bidding.
When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction company may bid on this auction. We gather aggregate information from this web site which may include but is not limited to: number of page visitors, most visited pages, any and all correspondence.
DEFAULT: If purchases are not settled by the specified closing/pick up day, it will be considered in default. Upon default the bidder will be black listed/blocked from bidding on Fowler Auction & Real Estate Service, Inc.'s auctions, as well as MarkNet Alliance auctions and may be charged 10% of bid price or $500, whichever is greater. All defaulted items may be offered to the next highest qualified bidder at the discretion of Fowler Auction & Real Estate Service, Inc.
Any dispute between Fowler Auction & Real Estate Service, Inc., its Agents or Representatives, and the Buyer(s) will be tried in a court of jurisdiction in Madison County, Alabama (or county designated by Fowler Auction). By bidding on the property, Buyer agrees to all terms and conditions set forth.
Buyer and or Bidder agrees to hold harmless and indemnify Fowler Auction & Real Estate Service, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
Conducted By Fowler Auction & Real Estate Service, Inc.
(256) 420-4454 · www.fowlerauction.com