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The Cochran Online Estate Auction Manhattan, KS (Archived #2183197)

Terms & Conditions
Shipping Information

Auction Terms & Conditions then follows Bidder Terms

TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!!

1. Bidder and his or her agents and employees are responsible for any damage they may cause or liability that may attach from any of their actions on or around the auction site and premises when attending the exhibition, sale or removal of merchandise. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and indemnify Meebid, LLC from any liability and causes of action.

2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Meebid, LLC may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Meebid, LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Meebid, LLC does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.

3. Meebid, LLC will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Meebid, LLC . Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was delivered or shipped to them. If Meebid, LLC agrees that the item was materially and intentionally misrepresented Meebid, LLC will refund the Bidder's purchase price to him/her. Some items may be sold "times the money". In the event that the count on a "times the money" item is found to be incorrect, Meebid, LLC will adjust Bidder's final hammer price based on the accurate count. No adjustment will be made on bulk or "one money" lots. Bidder agrees that under no circumstances whatsoever will Meebid, LLC ever be liable to Bidder for an amount greater than the purchase price of the item they purchased.

4. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. Meebid, LLC reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's bids at any time. Everything MUST be paid for in full by 3:00 PM the day after the auction. All internet Bidders agree to pay a buyer's premium. Bidder herby grants Meebid, LLC the authority to charge his or her credit card on file the full amount due for Bidder's purchases or partial amounts at any time until Bidder's invoice is paid in full.

5. All titled vehicles are sold AS-IS. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. All Titled vehicles must be paid for by wire transfer or certified funds. No credit cards will be charged.

6. If firearms are sold, all Federal and KS laws and regulations will be followed. Some firearms may not be legal in Bidder's jurisdiction. It is the bidder's sole obligation to determine if a firearm they purchase is legal where they live. There is a restocking fee of 30% of the total purchase price if any firearm(s) has to be returned due to a buyer's local law. If a buyer is unable to take legal delivery of any firearm(s) he or she will return the firearm(s) to Meebid, LLC and hereby engages Meebid, LLC to resell the firearm(s)at absolute auction with a commission of 35%. Magazines that are not legal where a buyer lives are not included in the sale. No credit will be given for the magazine.

7. Meebid, LLC is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly at any time, including the auction closing time. Under no circumstances shall Bidder have any kind of claim against Meebid, LLC or anyone else if the internet service fails to work correctly before or during the auction closing time. Meebid, LLC will not be responsible for any missed or failed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least two hours prior to the auction closing time. Meebid, LLC reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Meebid, LLC reserves the right to extend the closing times, change the extension time, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by Meebid, LLC and Bidder receives an invoice. Meebid, LLC reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.

8. The bids are advanced at pre-set increments available on the bidding web page which may be changed at any time in Meebid, LLC 's sole discretion. Meebid, LLC may accept items with secret reserves prices. The seller and Meebid, LLC reserve the right to bid on behalf of the seller on items on which there may be a reserve price. Meebid, LLC may reject or cancel any bid for any reason. The record of the auction made by Meebid, LLC shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including Meebid, LLC owners, family members and employees.

9. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. Bidders should arrange to pick up their purchases within this time. Meebid, LLC or a professional shipping company may ship merchandise not picked up. Bidder hereby grants any shipper of Meebid, LLC's choosing the right to charge their credit card the entire amount of packing, shipping and handling costs. In the event that Bidder does not pay for shipping, Bidder shall have no claim against Meebid, LLC and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. ***Bidder agrees that any merchandise not removed by bidder within five days of the auction will be forfeited with no refunds. Bidder shall have no claim to merchandise not removed by the above date.

10. Any amount left unpaid shall accrue interest at the highest rate allowed under Kansas state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment is honored.

11. Meebid, LLC may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that Meebid, LLC may share information about Bidder's non-payment of auctioneer invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification Meebid, LLC may request including but not limited to: driver's license, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.

12. Bidder agrees that this agreement shall be governed by the laws of the state of Kansas and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Riley County, Kansas. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Kansas. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. In the event of any litigation arising out of this Contract, the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.

13. By registering for this auction you agree to be added to Meebid, LLC's email list. Each email we send has an easy unsubscribe link at the bottom of the email. Please do not report our emails as spam. Photo, video and audio recording is being made at all auction exhibitions and removal events. Bidder hereby agrees that Meebid, LLC may use Bidder's likeness, recorded at these events, for any purpose.

BIDDER USER TERMS

These Bidder User Terms (these "Bidder Terms") govern your access to and use of our Services as a Bidder. The Services can be accessed through https://www.meebid.com. These Bidder Terms, shall be incorporated into the Terms of Use For Meebid, LLC, located here, and are collectively referred to herein as the "Terms." All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the Terms of Use For Meebid, LLC.

Bidder Account Approval. Your account must be registered with and approved by us, in our sole discretion, before you can use our Services as Bidder.
Listed Item(s). We are not the owner or seller of the Listed Item(s) on our Site. We do not inspect Listed Item(s), validate a Seller's ownership of or authority to sell Listed Item(s), or provide any representations or warranties concerning Listed Item(s). Bidding on the Listed Item(s) is conducted at your own risk, and any resulting transaction for Listed Item(s) is solely between you and the Seller. We do not supervise, direct, or control Sellers. You understand and agree that we will not be liable for Listed Item(s) that you bid on, the acts or omissions of Sellers, or for any proposed or completed transactions between you and a Seller.

Auction Information and Bidder Inspections. The auction dates, information, descriptions and prices for Listed Item(s) are determined by the Seller and may be subject to change. Listed Item(s) may be used and may contain defects. We do not inspect or confirm the condition of the Listed Item(s). We do not verify the accuracy of, or control, the information and details provided by Sellers concerning the Listed Item(s). We also do not guarantee that Sellers have or maintain proper auctioneers' licenses or comply with applicable laws, rules, or regulations. You should take appropriate steps to verify the accuracy of the Listed Item descriptions. You should also take appropriate steps to inspect or validate the condition of Listed Item(s) prior to bidding on and receiving Listed Item(s). We are not responsible for any errors or omissions in the content of any Listed Item(s). We reserve the right, in our sole discretion, to (i) withdraw any Listed Item(s) from our Services; (ii) amend the information in a Listed Item; or (iii) cancel any proposed bid for Listed Item(s) that we deem to be suspicious or fraudulent and report such bid to applicable authorities.

Additional Terms Posted by Seller. A Seller may post additional terms and conditions for their Listed Item(s) (the "User Posted Terms"). User Posted Terms are between you and the Seller and are separate from these Terms. You are solely responsible for reading and understanding any User Posted Terms prior to placing a bid on such Listed Item(s). We do not create, review, negotiate, or enforce User Posted Terms. If you do not agree to the applicable User Posted Terms, you should not place a bid on the Listed Item(s).

Additional Fees by Seller. In addition to the price of Listed Item(s), Sellers may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are set by the Seller and may be subject to change depending on the Seller and the Listed Item(s).

Additional Seller Registration. A Seller may require a Bidder to separately register with it prior to bidding on the Seller's Listed Item(s), and may permit or deny the additional registration at its sole discretion.
Transportation and Risk of Loss. We are not responsible for the transportation, delivery or risk of loss for any Listed Item(s). Except as otherwise set forth in any User Posted Terms, the Bidder with the winning bid will be responsible for all freight, shipping, and other costs related to transporting the Listed Item(s). These costs may include dismantling, special handling, loading, transportation costs, and permits required to move the Listed Item(s) to the Bidder's desired location. You should confirm transportation, delivery and risk of loss information with the Seller and your designated transportation provider. In no event shall we have any responsibility for the transportation of Listed Item(s) or for any risk of loss or liability related to Listed Item(s).
Bidding. You understand, acknowledge and agree that:
When you submit a bid using our Services, your bid will be forwarded to the Seller and may be viewed by the Seller as a firm commitment and an irrevocable offer to purchase. Once you place a bid on our Site, it may not be retracted. If you have the winning bid, a Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation.
By using our Services to bid on Listed Item(s), you grant us permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone, number, email address, etc.) and other information that you provide to us.
You may place a max bid on Listed Item(s). When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time.
Auctions may have time extensions. If a Seller elects to use a time extension for Listed Item(s), the bidding period on the Listed Item(s) may be extended when a higher bid than the then-current top bid is placed prior to expiration of that auction. The bidding period will continue as long as such higher bids are being placed within the time extension designated by the Seller.
Meebid, LLC reserves the right to withdraw, postpone, or cancel any Listed Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation.
Meebid, LLC reserves the right to void a bid that you place, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services.
The Seller is conducting the auction and makes the sole and final determination with respect to the sale of Listed Item(s).
WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
Prohibited Bidder Conduct. Any deliberate attempt to artificially influence the sale price of any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Item(s) that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited.
Additional Bidder Indemnity. In addition to the indemnification provisions set forth in the Terms of Use For Meebid, LLC, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) arising out of or resulting from any injuries to persons or property of any type, occurring during your or your agent's inspection of property, or your or your agent's presence at a Seller's site, or resulting from the sale, removal, use or operations of any Listed Item(s).
Conflicts. In the event of a conflict between the provisions set forth in these Bidder Terms and the Terms of Use For Meebid, LLC , the Terms of Use For Meebid, LLC shall prevail.