Ulmer Auction Service Terms & Conditions
By registering to bid, placing a bid, or participating in any Ulmer Auction Service (“Ulmer Auction”) auction, you acknowledge that you are entering into a legal and binding contract. You agree to be bound by all terms and conditions listed herein and acknowledge receipt of all explanations and information made available by Ulmer Auction Service.
By entering into this Agreement, Purchaser certifies that they are at least 18 years of age, legally competent, and under no legal limitation restricting their ability to enter a binding contract.
IF YOU DO NOT HAVE THE MONEY, DO NOT BID.

Bids CANNOT be cancelled or retracted for any reason. Once a bid is placed, it is final and legally binding.

ACCEPTANCE OF TERMS
Purchaser’s registration as a bidder constitutes acceptance of all terms and conditions of this Agreement. Ulmer Auction Service is under no obligation to notify Purchaser of acceptance for these terms to be binding.

BUYER’S PREMIUM
A 6% Buyer’s Premium, capped at $1,475, will be applied to all online purchases.

PAYMENT TERMS
All payments must be made in U.S. Dollars.
Payment in full is due within five (5) days of the sale unless otherwise stated in writing by Ulmer Auction Service.
No items will be released until full payment has been received and cleared.

Acceptable Forms of Payment:
• Cash
• Wire Transfer ($35 wire fee)
• Online payment through Ulmer Auction’s payment portal (no processing fee).
• Cashier’s Check must be hand-delivered to the Ulmer Auction office that held the auction. Mailed cashier’s checks will not be accepted unless approved in writing by an Ulmer Auction representative.
• Personal or Company Check (hand-delivered to the Ulmer Auction office that held the auction). Checks may NOT be mailed unless prior written approval is received from an Ulmer Auction representative. Personal or company checks require a bank letter of guarantee
• Check By Phone ($5 Fee)
• Credit Card (Visa, Mastercard, Discover, American Express)
o 3.5% service fee applies to total purchase
All NSF checks will incur a $90 fee.

BUYER DEFAULT / COLLECTION
Failure to make payment within the stated time constitutes buyer default.
In the event of default, Ulmer Auction Service reserves the right to:
• Cancel the sale
• Resell the item(s)
• Recover all losses, including resale deficiencies
Buyer agrees to be responsible for all costs of collection, including but not limited to:
• Attorney fees
• Court costs
• Collection agency fees
Buyer agrees that venue for any legal action may be brought in a jurisdiction chosen by Ulmer Auction Service, and waives the right to a jury trial, to the fullest extent permitted by law.

SALES TAX
All applicable state and local sales tax laws apply based on the item location, seller location, and type of equipment.
Sales tax will only be removed from an invoice after valid exemption documentation has been submitted, reviewed, and approved.
No item will be released until tax is paid or exemption is validated.

ABANDONMENT & FORFEITURE POLICY
All purchased items must be removed within sixty (60) days from the auction date.
Failure to remove items within 60 days shall result in forfeiture of ownership, unless written communication is maintained with the seller or Ulmer Auction Service documenting approved arrangements.
If forfeited, Ulmer Auction Service or Customer may:
• Resell the item(s)
• Scrap or dispose of the item(s)
• Retain proceeds to cover expenses

TITLED ITEMS
A $35 title processing fee will be charged on all titled items.
Ulmer Auction Service acts as the buyer’s agent for receiving, processing, and forwarding titles.
Titles will be mailed no sooner than fourteen (14) days after full payment has been cleared.
Ulmer Auction Service is not responsible for lost or delayed titles once mailed.

NO WARRANTIES – ALL SALES FINAL – SOLD “AS IS, WHERE IS”
ALL ITEMS ARE SOLD “AS IS, WHERE IS,” WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN.

Ulmer Auction Service MAKES ABSOLUTELY NO WARRANTIES OR REPRESENTATIONS, express or implied, including but not limited to any warranty of:
• Merchantability
• Fitness for a particular purpose
• Operational condition or functionality
• Accuracy of hours, miles, year, make, model, serial number, or specifications
•
ALL IMPLIED WARRANTIES ARISING BY STATUTE, COMMON LAW, COURSE OF DEALING, OR USAGE OF TRADE ARE HEREBY EXPRESSLY WAIVED AND DISCLAIMED.
All information provided, including photos, videos, descriptions, measurements, hours, and representations, is offered AS A CONVENIENCE ONLY and SHOULD NOT BE RELIED UPON as a statement of fact.

Ulmer Auction Service obtains information from sellers and does not independently verify such information. Errors, omissions, or inaccuracies shall not be grounds for:
• Rescission of sale
• Price adjustment
• Refund
• Credit
• Refusal to pay
ALL SALES ARE FINAL.

INSPECTION – BUYER’S RESPONSIBILITY (IMPORTANT)
Buyers are strongly encouraged to inspect all items before bidding.
By bidding, the buyer acknowledges:
• They have inspected the item or voluntarily waived inspection
• They are relying solely on their own judgment
• They accept the item in its current condition and location

Failure to inspect an item is NOT grounds for:
• Dispute
• Refusal to pay
• Refund
• Price adjustment
• Sale cancellation

ONLINE BIDDING & INTERNET RISK
Ulmer Auction Service does not guarantee uninterrupted or error-free online bidding.
Buyer acknowledges that:
• Internet bidding may fail, delay, or not register
• Ulmer Auction Service is not responsible for missed bids, system outages, or connectivity issues
• Auctioneer has sole discretion to accept or reject any bid
Ulmer Auction Service may suspend, delay, or cancel an auction due to technical issues without liability.

RISK OF LOSS
Upon being declared the winning bidder, all risk of loss transfers immediately to the buyer, whether or not payment has been made.
Ulmer Auction Service and sellers are not responsible for loss, theft, damage, or vandalism after the sale.

INDEMNIFICATION
Buyer agrees to defend, indemnify, and hold harmless Ulmer Auction Service, its owners, employees, agents, and sellers from any claims, damages, losses, or expenses (including attorney fees) arising from:
• Buyer’s participation in the auction
• Buyer’s breach of these Terms
• Buyer’s removal, transport, or use of purchased items

LIMITATION OF LIABILITY
To the fullest extent permitted by law, Ulmer Auction Service shall not be liable for:
• Indirect, incidental, or consequential damages
• Lost profits
• Data loss
• Equipment downtime
Ulmer Auction Service’s total liability, if any, shall not exceed the amount of the buyer’s premium paid.

FINAL TERMS
Announcements made on auction day take precedence over all written materials.
Ulmer Auction Service reserves the right to modify these Terms & Conditions at any time.

Thank you for trusting Ulmer Auction Service.
If you have questions, contact us at 701-535-1611 | 701-288-1611 | office@ulmerauction.com

2020 PJ

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