Terms / Conditions
Auctioneer Donald Oberfoell MN License # 69-07-023
- The Following Terms and Conditions apply to all Do-Bid/Oberfoell Online Auctions. Additional
Terms and Conditions applicable to specific auctions are included on the auction site for the specific
auction or via email to active bidders. In consideration of the opportunity to bid at a Do-Bid/Oberfoell
Online Auctions, and when you bid at a Do-Bid/Oberfoell online auction, you, as bidder and/or Buyer as defined herein, are agreeing to these Terms and the Conditions of the specific auction.
- BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THIS SITE USER AGREEMENT. All registration information the Bidder provides to auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted on and during the auction sale.
- Malfunction, Shutdown, Loss of Service:
The results of the auction may be rendered void if malfunction, shutdown, or temporary loss of service occurs. In such an event, Do-Bid/Oberfoell Online Auctions reserves the right to remedy the situation in which ever way best represents the seller, including the cancellation of existing bids. Do-Bid/Oberfoell
Online Auctions shall not be held liable in any way for any malfunctions, shutdowns, or loss of service.
- Do-Bid/Oberfoell Online Auctions Role in Auction: Do-Bid/Oberfoell Online Auctions is acting as agent of the seller in an online auction and is not responsible for acts omissions or representation of the seller or any of the seller's principals, officers, directors, employees or other agents.
- Auction Close: Online auctions shall close on the date and time identified on the specific auction site.
All active items will remain open until no bids have been received for (four minutes).
- Contract and Payment.: By placing a bid on an item, the bidder represents, warrants and undertakes that it has the authority an capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the item in question for the full amount of the bid, plus the buyer's premium and any applicable taxes. A legally binding contract between a bidder, on the one hand, and Do-Bid/Oberfoell Online Auctions and seller, on the other hand, is formed when a bidder makes the highest bid and the online auction is closed. All sales are final; a abider may not cancel a bid after the auction closes. When the auction closes, the highest bidder ("Buyer") shall pay for the item purchased by the date and time identified for removal on the specific auction site. If Do-Bid/Oberfoell Online Auctions determines that the highest bid was not a bona fide bid, the item will not automatically go to the second highest bidder. If Buyer does not pay for and remove an item within the applicable removal period, Do-Bid/Oberfoell Online Auctions may resell the item without notice. If an item is resold for an amount less than the original, highest successful bid, Buyer is obligated to pay the difference. If full payment is not made by the end of the applicable removal period, Buyer's bidding privileges as to any other Do-Bid/Oberfoell Online Auctions may be suspended. Buyer's bidding privileges might not be reinstated until Do-Bid/Oberfoell Online Auctions invoice has been paid in full, regardless of whether an item has been resold.
- Transfer of Title and Risk of Loss. Title to items passes to Buyer when full payment for all items has been received and all items have been removed from Do-Bid/Oberfoell Online Auctions site of auction location. Upon removal of an item from Do-Bid/Oberfoell Online Auctions site of Auction location by Buyer or Buyer's agent, or by Do-Bid/Oberfoell Online Auctions at Buyer's direction, risk of loss shall pass to Buyer.
- Buyer's Premium/Sales Tax. Except for sales of real property, Buyer shall pay to Do-Bid/Oberfoell Online Auctions a buyer's premium of 10%. For example, if the successful bid is $100.00, Buyer will be invoiced for $110.00. The buyer's premium is not negotiable and is payable by all Buyers.
(Sales Tax) If an item is subject to sales tax, Do-Bid/Oberfoell Online Auctions shall collect sales tax at the time of payment. Tax shall be calculated based on the successful bid price plus the buyer's premium.
- Condition and Value of Items: All Items Are Sold " AS IS – HOW IS – WHERE IS " WITH ALL FAULTS. Nether the Auctioneer or the Seller gives any type of guarantee or warranty, implied or otherwise. These items are offered for auction and their descriptions are from sources deemed reliable and submitted subject to errors, omissions and change without notice. No allowance will be made for errors in cataloging, genuineness, defects or identification purposes only. There are no returns, refunds, or adjustments. THE ENTIRE RISK AS TO THE QUALITY, AUTHENTICITY & CONDITION RESTS WITH THE BUYER. BUYER ASSUMES COMPLETE AND SOLE RESPONSIBILITY FOR INSPECTION OF ITEMS PRIOR TO BIDDING AND RELIES SOLELY ON THEIR OWN INSPECTION AS TO THE CONDITION AND VALUE OF ITEMS.
- Removal Acknowledgement of Dangerous Auction Site: Potential bidders when inspecting and high bidders/purchasers or their agents acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. High bidders will so advice their agents and employees. This acknowledged risk extends into all activities involved in the removal of items including disconnection of utilities. Persons attending the auction site during preview, sale or removal assume all risks of injury damage or loss of property an specifically release Do-Bid/Oberfoell Online Auctions and the seller from liability.
- Item Removal Auction Site: Do-Bid/Oberfoell Online Auctions will announce the removal or "check-out" period for each auction on that auctions online site. Online auctions will have the details posted on the auction event page. Do-Bid/Oberfoell Online Auctions will assume no responsibility for any part of item removal. High bidders/purchasers will assume sole responsibility and risk for disassembling, disconnecting (including power and water and all utilities), loading and trucking all purchased items. Purchasers will repair personal property that is altered or damaged in the removal of their items. Should Do-Bid/Oberfoell Online Auctions consider such damage likely to occur, it may require Buyer to deposit such sum of money with Do-Bid/Oberfoell Online Auctions , by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of an item, as Do-Bid/Oberfoell Online Auctions may require. Should Buyer refuse to deposit such monies, Do-Bid/Oberfoell Online Auctions may refuse Buyer access to Do-Bid/Oberfoell Online Auctions premises or other removal site for the purpose of collecting all or any of the items it has purchased, or rescind the sale of such items.
- Indemnification: Buyer indemnifies and holds harmless Do-Bid/Oberfoell Online Auctions, its directors, officers, employees and agents against any damage or loss which Buyer, Do-Bid/Oberfoell Online Auctions or third-parties may suffer or incur with respect to loss, damage or injury arising from the removal of an item.
- Choice of Law and Venue: All disputes relating to a Do-Bid /Oberfoell Online Auctions auction and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All claims relating to a Do-Bid/Oberfoell Online Auctions and the terms and conditions herein shall be brought in "District Court in St. Louis County, Minnesota, and bidders hereby consent to the jurisdiction of said Court.