PLEASE READ IN FULL BEFORE BIDDING! THESE TERMS ARE NON-NEGOTIABLE AND BIDDER LEGALLY AGREES TO ABIDE BY THESE TERMS UPON REGISTERING AND PLACING A BID.

1. Full payment shall be made online and items are to be picked up on the designated pick up date and time noted on the auction listing. We accept online payments with card only (Visa, MasterCard, American Express & Discover). We do NOT accept checks! Any item that is not paid and picked up by the close of the designated pick up hours will be deemed forfeited and that account will be permanently banned from our site. Bidders will need to bring their own help for lifting/loading items into their vehicles. Items must be picked up during the designated time frame specified on the auction listing or the paid items will be deemed forfeited and resold for the cost of storage - no refunds. Bidder is acknowledging this by accepting these terms and submitting the online payment.

2. ALL sales are subject to Indiana State Sales Tax (7%) (including food, beverages, etc - see Indiana DOR Sales Tax bulletin #20). If a buyer is tax exempt, form ST-105 from Indiana Dept of Revenue must be filled out and emailed or given to us BEFORE payment is made or buyer will be charged tax. Email: info@earlsauction.com

3. 18% buyers premium will be added to all purchases. Indiana tax law regulates that tax be charged on top of the buyers premium. (A buyers premium is a fee that auctions charge to run their service).

4. All items are sold AS IS. No warranties. The descriptions of items on the catalog or advertising are believed to be correct however, neither those descriptions nor any oral statement made by the auction company concerning any item shall be construed as a warranty either expressed or implied. All items are sold “As is where is with all faults”. No refunds, adjustments, returns, charge-backs or disputes will be allowed.

5. Removal of items is as advertised on each auction listing. Bidder is responsible for removal of their own items. Bidder agrees to pay any applicable storage charges assessed by auction company on any item(s) not removed by the deadline, or forfeit merchandise entirely, if premises are not available after designated removal period.

6. Earls Auction reserves the right to resell any items not paid for in full or any items that were paid for but not removed by the designated removal date listed on the auction listing. We do NOT store items as we do NOT have space to do so.

7. Earls Auction reserves the right to reopen, extend and/or cancel any bid in the case of system failure or technical difficulties. Neither Earls Auction or the company providing the software shall be held responsible for a missed bid or the failure of the proper function of the software for any reason. Earls Auction also reserves the right to reject any bid at their discretion. Out of state bidders who register will be denied as we do not offer any shipping.

8. Earls Auction assumes no liability for your purchases. The buyer assumes liability and agrees to hold Earls Auction Company and seller harmless from any future claims that pertains to items purchased. Earls Auction is not responsible for the correct description, authenticity or defects on any lot/items and makes no guarantees or warranty. All items are being sold as is.

9. Items in boxes have NOT been opened and examined to assess for all parts/pieces/damages. Please do not bid on items in boxes if you are not willing to take the risk of an item being damaged/missing pieces, etc. No refunds will be given – bid accordingly.

10. Bidder agrees, upon registration, to these terms and conditions. By placing a bid, the bidder signifies that they have read and understand these terms and conditions and agree to abide by them. Registering and placing a bid will count as an electronic signature of agreement to these terms and conditions. No refunds, disputes or chargebacks will be allowed. Once you register and agree to these terms and conditions and place a bid you are legally bound to these terms and conditions as it is considered a contract.

11. To protect our sellers and buyers, ALL first time bidders will be required to complete a one time 2 step verification in order to get registered. What this means: upon registration you will be prompted to enter in your phone number to verify your information. Follow the prompts on the screen to be sent a verification code via text to validate your phone number and create your account. This is a ONE time process, and will occur the first time you register.

12. Auto/Max bid feature: Auto bidding option makes bidding more convenient by allowing you to enter in your maximum bid amount that you are willing to bid on an item (not including buyers premium or tax). Other bidders do not have access to see your auto bid amount. Your auto bid will not “jump” to the max amount unless another bidder already has an auto in place when you enter yours. Otherwise, the auto bid will increment only with other competing bids until the item closes. In the case of tie bids, or if 2 auto bids are entered as the same amount, the bid that was placed first will be given precedence and be the winning bidder.

13. If a bidder has failed to pay or pick up during the designated time, all bidding privileges will be revoked. Repeated tardiness for auction item pick ups will also result in bidding privileges being revoked. Any paid/unpaid items not removed by close of pick up time designated on the invoice and the auction listing will be subject to storage fees, restock fees, and collection or legal fees for loss due to bidders negligence. Legal action can and will be taken for repeat offenders of this policy. If you are unable to pay & pick up items during the designated time slot - DO NOT BID.

14. Bidders must be 18 years or older to register. Bidders are responsible for the security of their usernames/password/personal information. All information entered in registration must be complete, accurate, and current. Bidders must register and agree to the terms and conditions for each auction.

15. All auctions will close using a soft, staggering closing. A soft close ending means that if a bid is placed in the last 60 seconds before closing, the bidding for that lot will be extended by 60 seconds (this allows other interested bidders time to raise their bid before the lot closes). A staggered closing means that each lot will close 30 seconds after the previous lot so that all lots do not end at the same time (this allows bidders to have time to bid on multiple items they may be interested in).

16. A valid ID must be presented at time of pick up. This ID must match the first name, last name and address of the account holder/name on the invoice.

17. By participating in this auction, the bidder acknowledges and agrees that all item pickups are self-serve. The buyer is solely responsible for lifting, loading, and transporting their items, including the operation of any equipment such as dollies, pallet jacks, or carts if needed. Earl's Auction Company is not responsible for providing assistance during pickup. Buyers assume all risk associated with the pickup process and agree that Earl's Auction Company, its owners, employees, and agents shall not be held liable for any personal injury, property damage, or other loss that may occur during the pickup or transportation of auction items.

18. Storage Fees for Missed Pick-Up: All items must be picked up on the designated pick-up day(s) as stated in the auction details. Any items not picked up on the scheduled day(s) will incur a storage fee of $25 per lot, per day. This fee will begin accruing the day after the scheduled pick-up and will continue until the item is picked up or otherwise arranged. No exceptions will be made unless prior arrangements have been approved in writing before the end of the pick-up period.

19. Reinstatement Fees for Non-Payment: Invoices must be paid in full by the payment deadline stated in the auction terms. Failure to do so will result in the immediate revocation of bidding privileges and a ban from our site. Customers who wish to be reinstated after a non-payment ban must pay a Reinstatement Fee equal to 20% of their original invoice total (including the bid amount and buyer’s premium). This fee must be paid in full before bidding privileges are restored. Reinstatement is not guaranteed and is granted at our sole discretion.

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