Auction Terms & Conditions
This is an Online Auction only. Please call auction company if you have any questions regarding the auction process.
Online Auction Terms & Conditions:
REAL ESTATE PROPERTY ONLY
1) Bidding Registration: Online bidder hereby agrees that they must properly register for this online auction by completing and signing the (Online Bidders Agreement), and returning it to the auction company before placing any bids online. The agreement can be electronically signed via (DocuSign), or emailed and/or faxed to the auction company at 402-521-2062 (fax) or firstname.lastname@example.org (email).
2) Bidding Opens/Closes: The Online Only Auction (ie. Internet Auction), bidding shall be opened and begin closing on the dates and times stated above.
3) Absolute Auction: All items being sold to the highest bidder regardless of the ending bid and there can be no reserve price which must be met or exceeded before the item can be sold.
4) Property Previews: Previews are available by contacting the auction manager (Mike Cerny at (402) 521-2062 OR (402) 670-3875). It is recommended to all bidders to personally inspect the property prior to placing any bids in the auction. Property inspections are the sole responsibility of the bidders.
5) Cash Offer/No Financing Contingency: By participating in this auction, bidders hereby agree that their bid shall NOT be subject to the bidder's ability to obtain financing. By placing a bid in this auction, bidders are making a "cash offer" to purchase the property. Financing is NOT a contingency in the purchase agreement or the auction terms and conditions.
6) Buyer's Premium: A Five Percent (5%) Buyer's Premium shall be added to the final bid price placed online, which will determine the Total Contract Sales Price. Bidders hereby understand that the Buyer's Premium shall be added to the winning bid to create the Total Contract Sales Price for which they are obligated to pay for the property.
7) Purchase Contract: Winning bidder hereby agrees to enter into a Contract to Purchase the property immediately upon being declared the Successful Bidder by the Auctioneer. Upon the close of the auction the winning bidder will be forwarded via email a Purchase Contract to Purchase the property. A signed copy of the Purchase Contract must be received by United Country - Cerny Land Home and Auction, LLC no later than 24 hours from the time said Purchase Contract was sent to the winning bidder. The Purchase Contract may be (hand delivered, faxed, or scanned and emailed).
8) Escrow Deposit: An escrow deposit of Ten Percent (10%) of the total contract purchase price (which includes the buyer's premium) will be wire transferred or hand delivered in the form of certified funds to the Title Company no later than 48 hours following the close of auction. See closing agent's contact information below. The balance of the purchase price will be due in full at closing.
9) Closing: Closing shall be on or before March 18, 2019. Closing shall take place at Grand Island Abstract, Escrow &Title Co. The Closing Agent is Hal Schager (Escrow Officer) and contact information is (308) 382-4651. Out of state buyers will be afforded the opportunity to close via email, mail and wire transfer of certified funds.
10) Possession: Possession of the property will be given upon successful closing and transfer of title.
11) Title Insurance: Title Insurance in the full amount of the purchase price will be provided by the seller. Seller shall pay 2018 and all prior year real estate taxes. 2019 real estate taxes will be Prorated to the date of closing.
12) Online Auction Technology Issues: Under no circumstances shall Bidder have any kind of claim against United Country - Cerny Land Home and Auction, or anyone else if the Internet service fails to work correctly before or during the auction. Online bidding is subject to technology faults and issues which are outside the control of the auction company. If a technology issue or failure becomes present during the online auction, call the auction company immediately at (402) 521-2062 or (402) 670-3875.
13) Soft Close: If a property in the online auction receives a bid within the last 3 minutes of the auction, then the auction end time (close time) will automatically extend the auction and additional 3 minutes before closing. The "soft close" feature will continue to extend the bidding opportunity for 3 minutes with each newly placed bid and the property shall not close until 3 minutes have elapsed with no additional bid activity.
14) Disclaimer: All information provided is believed to be accurate; however, no liability for its accuracy, errors or omissions is assumed. All lines drawn on maps, photographs, etc. are approximate. Buyers should verify the information to their satisfaction. Information is subject to change without notice. There are no warranties either expressed or implied pertaining to this property. Real estate is being sold "As-Is, Where-Is" with NO warranties expressed or implied. Please make all inspections and have financing arranged prior to the end of bidding.
15) Real estate is subject to prior sale. Sellers are willing to review any offers made that include the purchase of the entire golf course (real estate), prior to auction closing. Any such offer must be in written form and include the intent to purchase and operate the Wood River Municipal Golf Course.
PERSONAL PROPERTY ONLY:
United Country - Cerny Land Home and Auction LLC (Auction Company) is providing an online (Internet) auction as a service to Bidder. Bidder acknowledges and understands that there is always a possibility that the technology service may or may not function correctly during the auction. Under no circumstances shall bidder have any kind of claim against the Seller, the Auction Company, it's Agents or Representatives in the event the Internet service fails to work correctly during the online auction. The Auction Company will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid may be acknowledged in the event of technology failure, should use the "maximum bid" feature and leave their maximum bid at least 24 hours before the auction closes. Auction Company reserves the right to withdraw or re-catalog items in this auction at any point prior to the end of the auction.
The following describes the terms on which offers you access to the Online (Internet) Auction hosted by United Country - Cerny Land Home and Auction LLC.
By placing a bid in this auction, you hereby confirm that you have read and agree to comply with the Auction Terms and Conditions, as stated below.
Online Bidder/Buyer's Contract: Your bid(s) placed on the United Country - Cerny Land Home and Auction LLC website are a contract and you are responsible for paying all amounts due for items purchased in this online auction. If you cannot pay for and remove the items during the pick-up times specified, then please DO NOT BID on any items in this auction.
Retention of Credit Card Information: By providing your credit card information, you authorize United Country - Cerny Land Home and Auction LLC to charge your credit card for the purchase amount of any successful bid plus associated taxes, shipping costs (if any) and Handling Fees (if any,). You also agree and acknowledge that United Country - Cerny Land Home and Auction LLC will keep your credit card information on file so long as you maintain an account with United Country - Cerny Land Home and Auction LLC.
BY BIDDING, YOU HEREBY AUTHORIZE UNITED COUNTRY - CERNY LAND HOME AND AUCTION LLC TO CHARGE YOUR CREDIT CARD FOR ANY OF THE FEES LISTED ABOVE. IF NEED BE.
" March 2-3, 2019 From 10:00am until 6:00pm (CST).
All items MUST be removed no later than 6:00pm, Sunday March 3rd 2019. Any items remaining after the scheduled pick-up period and deadline will still be charged to the winning bidder's credit card on file, in addition to a $50.00 handling fee (per item) for disposal of said item. Do not bid if you do not intend on picking up your purchased items.
Shipping Instructions: (NO SHIPPING AVAILABLE, PICK-UP AT AUCTION LOCATION ONLY). United Country - Cerny Land Home and Auction LLC will make NO shipping arrangements. ALL shipping and/or quotes for shipping are the buyer's sole responsibility by contacting their choice of the shipping companies directly. Contact any shipper -AT YOUR OWN RISK- Buyer is obligated to pay all shipping expenses DIRECTLY to a shipper of their choice. It is preferred that all items be picked up in person. A paid invoice will be required before any items are removed.
Pick up Location: onsite at 11937 West Holling Rd. Wood River, NE 68883.
Sales Tax: 5.5% Sales Tax on Personal Property unless you are tax exempt.
Buyer's Premium (5%): A buyer's premium of five percent (5%) shall be added to the high bid price online, which will determine the final sales price for each auction lot.
Participation Requirements: Name, address, daytime phone number, email address and a Valid Credit Card required for bidding approval.
Payment Options: Visa, MasterCard, American Express, cash or local checks with pre approval. All credit cards will be charged an extra 3% fee which will be added to the 5% BP for a total of 8%
Payment Instructions: ALL accounts will be settled at the conclusion of this auction. We will immediately charge the credit card you have on file with United Country - Cerny Land Home and Auction LLC/Bidopia for your purchases, plus buyer's premiums. *** A $25 service fee will be charged to any account whose credit card on file is declined requiring additional time and telephone contact to establish payment for merchandise. Please respond to the Auction Company immediately by phone or email, if you KNOW that you need to use an alternative credit card.
U.S. Currency: All sales and bidding shall be in U.S. dollars only.
Special Terms of Sale:
1. Absolute Auction, No reserve prices and all items sell to the highest bidder.
2. PRIOR SALE CONTINGENCY: NO PERSONAL PROPERTY listed in this auction is subject to prior sale. In the event an offer is presented prior to the end of the auction it will NOT be accepted by the City of Wood River .
3. YOUR BID IS A CONTRACT TO BUY should you be the winning bidder. You are responsible for paying for all purchases you are the winning bidder on.
4. All property is sold "AS IS, WHERE IS", with no warranty or guarantee.
5. No Returns: All sales are final. There are no returns, refunds or adjustments on price.
6. Age Requirement: All bidders must be 18 years of age or older to participate in this auction.
7. Our Internet on-line auctions move quickly! If you are interested in an item, bid quickly. If you win an item in the auction you will be notified by email following the auction.
8. In the event "forced collections" are needed, the purchaser agrees to pay all reasonable attorney fees and costs incurred by the Seller or Auction Company in the collection of funds. The purchaser also agrees that a fee of 18% per month be added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchaser's failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Hall County, Nebraska.
9. ALL SALES ARE FINAL. Your bid IS A CONTRACT TO BUY should you win an item(s) in the auction.
10. The Seller and/or Auction Company reserves the right to refuse service to any person or entity.
11. All announcements made prior to the close of the Internet bidding take precedence over any and all written or verbal statements.
12. United Country - Cerny Land Home and Auction LLC attempts to describe the merchandise to the best of our abilities however we make no representations or guarantees. In no event shall United Country - Cerny Land Home and Auction LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. United Country - Cerny Land Home and Auction LLC will not be responsible for any errors or omissions in the description of the merchandise.
13. Items in this auction are being offered and sold with "no minimum bid or reserve price".
14. EXPLANATION OF STAGGERED CLOSING & SOFT CLOSE Staggered Close: If you'll notice in the Title of our Auction, it states that bidding BEGINS to close at a certain time. ALL items do not close together at that stated time. Items will close in the order listed on the site, (unless affected by the Soft Close as explained below). Our Auction was set up this way intentionally so that bidders can have time to evaluate their overall progress in a sale as individual items close. Within a 30 minute window of the auction beginning to close the first lots, you may also click on the "Live Catalog" (which should be flashing on your screen) to view, in real time format, the lots that have current activity and are the next lots to closing.
Soft Close: Additionally, if an item receives a bid within the last 3 minutes, then the close time will be extended 3 minutes from the time the bid is placed. The time will continue to be extended in 3 minute increments with each newly placed bid and the item will not close until the 3 minutes have elapsed with no additional bid activity. This eliminates "snipers" from an Internet Auction and encourages a fair and impartial platform for all bidders to participate. Please be certain that we have taken every precaution to set the site up in a transparent manner that allows for the fairest environment for both buyers and sellers.
15. By bidding on any item in this auction, the bidder is acknowledging and demonstrating their acceptance of the terms and conditions of the auction, as outlined in this document.
All personal property owned by the City of Wood River will be sold " AS-IS " with no guarantees implied or expressed. Bidder inspections are encouraged. By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them.
Buyer's premium rate charged.
A 5% buyers premium shall be added to the high bid online,which will determine the final sales price. If you are paying with a credit card a 3% fee will be added to the final price for a total of 8%.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
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.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.