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Estate Smart, LLC Online Auction Terms and Conditions

1) By accepting these Terms and Conditions you (the “Bidder”) are granted the authority to bid in auctions taking place through the Estate Smart, LLC (“Auctioneer” or “Estate Smart”) website (www.estatesmart.com) for the sale of personal property (the “Property”) being offered for sale and sold by a third-party (the “Seller”) contained within a residential unit (“Unit”).

2) The Auctioneer auctions off items individually or in lots (for the purposes of this Agreement the subject of a single auction shall be referred to as a “Lot”).

3) By placing a bid on a Lot, the Bidder represents, warrants and undertakes that it has the authority and capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the Lot in question for the full amount of the bid, plus the Buyer’s Premium, as hereinafter defined, and any applicable taxes.

4) All auctions will be conducted exclusively online. The contents of a Unit are only viewable online and may not be viewed in person. Exceptions may be made upon request in the case of unit that is a single family residence.

5) All Lots will be sold AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY SET FORTH HEREIN, IT BEING THE INTENTION OF AUCTIONEER EXPRESSLY TO NEGATE AND EXCLUDE ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY CONVEYED, AN ALL OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE MINNESOTA UNIFORM COMMERCIAL CODE.

6) Estate Smart, as a general policy, will list noted imperfections to each Lot, but Estate Smart is not responsible for overlooking or not listing any defects or imperfections to any given Lot. Estate Smart will describe the Lot(s) based on its ability and belief. Estate Smart undertakes no liability whatever in respect of any faults, deficiencies and errors of any description, oral or printed, nor does it accept responsibility for the authenticity, genuineness, origin, age, condition or quality of any Lot(s) and all statements as to these matters, whether contained on the Estate Smart website or made orally, are statements of opinion only and not to be taken as being or implying a statement or representation of fact. Any intending Bidder must satisfy itself by inspection or otherwise as to the correctness of each such statement.

7) Estate Smart undertakes no liability whatever in respect of any items sold as part of any Lot that have been recalled by the manufacturer. It is the sole responsibility of the Bidder to check the manufacturer’s website and the U.S. recall information website to get information on any items being sold as part of any Lot that have been recalled by the manufacturer.

8) Estate Smart makes no warranties or guarantees of any kind (express or implied), including but not limited to any warranties relating to the value of any Property or Lot(s), and provides no guarantees or warranties in respect of the Property contained in the Lot. All representations made by Estate Smart, its servants or agents, are to be considered lay opinions only and Estate Smart accepts no liability for any purchase made by a Buyer in reliance upon them.

9) The highest bidder for each Lot shall be the Buyer (the “Buyer”), and in the event of any dispute as to who the Buyer of a Lot is or any other issue as to Buyer, the Auctioneer shall have absolute discretion either to settle such dispute or re-offer the Lot for re-sale.

10) Buyer of a Lot acknowledges and agrees to pay to Estate Smart as specified by Estate Smart the amount bid in the auction for such Lot. The Buyer shall be personally liable for the non-payment of any successful bid in any auction.

11) All sales are final at the close of each auction. A Bidder may not cancel a bid after the auction has closed.

12) Buyer agrees to pay a 13% Buyer’s premium (the “Buyer’s Premium”) on top of Buyer’s winning bid.

13) Buyer shall be responsible to pay any required state sales tax, if any. If Buyer is tax exempt, Buyer must present their current resale certificate or they will be required to pay sales tax.

14) If Buyer fails to pay the amount of a successful bid in an auction in the time allowed for payment as specified by Estate Smart, Estate Smart may elect to award the Lot to the second highest bidder in that auction. In such cases, the second highest Bidder or the Bidder ultimately awarded the sale of the Lot, shall be the Buyer.

15) Buyer is responsible for the removal of all purchased items from the unit within the timeframe specified by Estate Smart. If Buyer fails to remove the Property from the Unit within the timeframe specified by Estate Smart, Buyer shall no longer be the Buyer of such Lot, shall forfeit all amounts previously paid to Estate Smart for the Lot, and Estate Smart shall have the right to re-offer the Lot for re-sale.

16) If Buyer fails to pay for a Lot or remove all personal property from the Unit within the timeframe specified by Estate Smart after a sale, Estate Smart may elect to resell any Lot without notice. If a Lot is resold for an amount less than the original highest successful bid, the original Buyer is obligated to pay the difference. If full payment of this difference is not made by the original Buyer by the end of the applicable removal period, the original Buyer’s privileges as to any other Estate Smart auction may be suspended until payment in full has been made.

17) Buyer agrees to treat the Unit with respect and care when removing the purchased property. Buyer shall be responsible for the cost of repairing any damage to the Unit caused by the removal of the Lot from the Unit.

18) Nothing may be removed from the Unit until after full payment has been made. The Bidder agrees to indemnify and holds harmless the Auctioneer of any damages or injury resulting from the removal of Property from any Unit. Upon acceptance of a bid by the Auctioneer, the risk of loss to the Lot shifts to the Buyer.

19) In cases where the general terms are in conflict with the individual auction terms, individual auction terms will apply.

20) At the sole discretion of the Estate Smart, Estate Smart may terminate the sale of any Lot at any time for any reason or for no reason.

21) Estate Smart reserves the right to suspend any Bidder for any reason.

22) Changes to this Estate Smart, LLC Online Auction Terms and Conditions

 

NOTE: By registering with Estate Smart, and each time you use this site, you affirm your acceptance of the ESTATE SMART ESTATE AUCTION AGREEMENT (“Agreement” and/or “Terms and Conditions”), and agree to comply with now and throughout the period of your use and thereafter. If you do not agree to these Terms and Conditions in their entirety, do not remain on this site.  Estate Smart may change the Terms and Conditions at any time in its sole discretion. The new or modified Terms and Conditions of will be effective immediately after we publish them for any new user on our website. If you do not agree to be bound Terms and Conditions of Use as Published from time to time, your sole and exclusive remedy is to discontinue using this site.
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