Auction Terms & Conditions
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. Your financial obligations to the seller are legally binding when the auctioneer announces the item is SOLD.
This is a LIVE simulcast auction. We will take bids by phone and by Internet. Some people may also attend and bid in person at our office at 101 S Noyes Street in Mondamin Iowa. The Auctioneer will also bid absentee bids for left bids.
1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify the seller of the asset, DreamDirt Farm and Ranch Real Estate LLC., (DreamDirt) DreamDirt.com & all contractors to DreamDirt Farm and Ranch Real Estate LLC.
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 for inspection by appointment. Bidders who bid from off site understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. DREAMDIRT may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. Descriptions can be subjective, your definition of nice will be different than another person definition of nice. At times Sellers provide descriptions to us, at times those descriptions can have an error, this makes it important to inspect the equipment in person before bidding. You may also contact the seller and request additional photos. In no event shall DREAMDIRT be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. DREAMDIRT does not guarantee any appraisals or valuation of any asset. 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. There are no refunds for any reason. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. DREAMDIRT 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 DREAMDIRT. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item to the buyer, at their expense and in the same condition it was in when received. Bidder agrees that under no circumstances whatsoever will the sellers or DREAMDIRT ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID.
3. DREAMDIRT reserves the right to invoice the bidder the full amount of any or all of Bidder's bids. When the auctioneer says, "sold" Bidder assumes full responsibility for the merchandise. In an online auction the computer software will act as the auctioneer at times and will mark each lot SOLD to the highest bidder when the reserve has been met. Everything MUST be paid for in full immediately. When you have been determined to be the high bidder you are to contact DreamDirt to arrange payment immediately following the auction, information will follow below on how to pay. All Internet bidders agree to pay a buyer's premium on each item they are the successful bidder, based on the final bid price. The Buyers Premium is based on a sliding scale as follows.
Up to $50,000 10%
$50,001 to $100,000 8%
$100,001 to $200,000 5%
$200,001 to $300,000 3%
The buyer's premium will be calculated based on your final bid and will be added to your final bid amount to arrive at the total amount due. If the hammer price of an item is $100,000.00, the buyer's premium will be $7000 for a total purchase price of $107,000.00
4. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. All titled vehicles are sold AS-IS and a title will not be provided to the buyer until their payment has cleared the bank. To expedite the process you may pay in certified funds. It is typically 20-30 days until you receive a title when paying with non-certified funds.
5. Payments must be made immediately in the form of cash, check by phone Toll Free(855)376-3478, check by fax Toll Free (855)602-5100, bank wire or credit card. Mailing a check is not an acceptable form of payment. All payments made by credit card will incur and additional 3% fee to the buyer on top of purchase price and buyers premium.
6. DREAMDIRT is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly during the auction. Under no circumstances shall Bidder have any kind of claim against DREAMDIRT or anyone else if the Internet service fails to work correctly during the auction. DREAMDIRT will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should place their maximum bids at least 24 hours prior to the auction closing time. DREAMDIRT reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, DREAMDIRT reserves the right to extend the closing times, 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 DREAMDIRT and Bidder receives an invoice. DREAMDIRT reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. In the event the software determines an item sold to a particular when a reserve has not been met the bidder shall not have any recourse against DreamDirt or the seller of the asset.
7. The bids are advanced at pre-set increments available on the bidding web page which DREAMDIRT may change at any time. DREAMDIRT strives to keep assets reserve free but may accept items with reserve prices at times to protect a sellers or banks financial interest in a particular item. DREAMDIRT reserves the right to bid on behalf of the seller on items on which there may be a reserve. DREAMDIRT may reject or cancel any bid for any reason. The record of the auction made by DREAMDIRT shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including DREAMDIRT owners, family members and employees.
8. If a check accepted by DREAMDIRT is returned for any reason, Bidder agrees that DREAMDIRT may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Iowa law. Any amount left unpaid shall accrue interest at the highest rate allowed under Iowa state law. Bidder authorizes DreamDirt to create a check and draft their account for checks presented by fax or phone. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify DREAMDIRT against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to DREAMDIRT. 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.
9. All property shall be removed from the sellers premises by the Bidder or bidders shipper at her/his own risk and expense within the time period announced or 30 days. ALL ASSETS PURCHASED ON THIS AUCTION MUST BE REMOVED BY THE BIDDER BY MAKING AN APPOINTMENT WITH THE SELLER. THE SELLERS CONTACT INFORMATION WILL BE PROVIDED WHEN A BIDDERS IS DETERMINED TO BE THE HIGH BIDDER. Internet bidders should arrange to pick up their purchases within a 30 day timeframe, however payment will be due immediately. You can provide your own shipping for items or work with the sellers shipping agent at your cost. A professional shipping company will ship all merchandise not picked up. Bidder hereby grants any shipper of DREAMDIRT'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 DREAMDIRT 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 thirty days of the auction will be forfeited with no refunds. Bidder shall have no claim to merchandise not removed by the above date.
10. This auction is conducted in Mondamin Iowa. Bidder agrees that this agreement shall be governed by the laws of the state of Iowa and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Harrison County, Iowa. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between DREAMDIRT and Bidder, Bidder waives any right to a jury trial or other hearing in a court of law and agrees to settle the dispute through Arbitration in Harrison County, Iowa.
11. DREAMDIRT may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification DREAMDIRT may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.