Spakes Estate

Terms

Terms and Conditions:
1. Please review the following Terms and Conditions carefully before bidding. By registering you are indicating that you have read, understand, and more specifically, accept our Terms and Conditions.

2. Jackson Real Estate & Auction is conducting the auction and is hereinafter referred to as "Auctioneer" Principal office is located at 862 Hwy 92 S, Dandridge, TN 37725 865-397-4214

3. Access to and the use of the website and each auction is conducted under these Terms and Conditions, and may be amended from time to time, and by applicable law, without notice to the user. Please check back regularly for changes and amendments. These Terms and Conditions, and all announcements and amendments appearing on the website, supersede and replace all prior versions. There are no verbal agreements. Any conversations whether in person digital media including emails with the Auctioneer are hereby revoked.

4. Any person accessing or using our website or the auction hosting platform and any person participating in or registering for our auction agrees to be bound by these Terms and Conditions.

5. All Users must qualify to bid or to participate in any auction. Any User who fails to abide by the Terms & Conditions may be disqualified from the auction at Auctioneers sole discretion and may not be awarded lots or permitted to close on a bid. Such determination may be made by Auctioneer at any time prior to, during, or after the close of the auction. Auctioneer reserves the right to exclude any person from any auction and to prohibit any person from accessing or using the website or auction hosting platform. Account holders are responsible for keeping their account information confidential.

6. All Bidders or Users of the website or auction hosting platform must pre-register prior to any auction to allow the Auctioneer and the auction hosting platform or credit card company adequate time for the verification of credit cards and other necessary information of the Bidder. To verify credit card authenticity the auction hosting platform has your permission to put an authorization hold on your account. The validation or authorization hold is not controlled by the Auctioneer and is part of the normal online auction process.

7. By registering you agree to buy each item won at your bid price and to pay any applicable Buyer Premiums, credit card fees, sales tax (if applicable) or other specified fees in the checkout process or within these terms and conditions. Once a bid is submitted it becomes irrevocable by the bidder.

8. Auctioneer will generate an invoice total for your purchase, which will be sent to you via e-mail. Auctioneer must receive the total payment in full prior to any item being released. Title to any item shall not pass to the Buyer until all invoices for all lots purchased by buyer are paid in full.

9. All auction purchases are subject to a 15% Buyer's Premium as well as a 3% credit card fee which is in addition to the bid. In its sole discretion, Auctioneer may require payment by the Buyer to be made by certified check or bank wire transfer and such a decision by Auctioneer will not release you from your obligation to pay for the item(s) purchased. Bidder agrees that under no circumstance will Bidder initiate a chargeback on Bidders credit card.

10. Failure to remit timely payment may result in cancellation of your order, cancellation of your account and a potential collections action. In addition, if you fail to pay any amounts due in full, Auctioneer reserves the right, and you hereby authorize Auctioneer, to sell any item(s) you've agreed to purchase to any other bidders or at subsequent private or public sale or relist the lot(s) in a future auction.

11. All items not picked up during the scheduled pickup time will be forfeited by the Buyer. Auctioneer may elect to charge moving and storage fees for items not picked up.

12. Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid should the Auctioneer in his sole discretion believes that such bid is detrimental to the auction process.

13. Auctioneer, at its sole discretion, reserves the right to withdraw, pass or remove any item or lot prior to the close of the bidding for any reason or no reason.

14. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, disputed ownership, Auctioneers clerical error or omission in exercising bids and reserves, or for any other reason or no reason in Auctioneers sole discretion. In cases of nonpayment, Auctioneers election to void a sale does not relieve the User from their obligation to pay Auctioneer its fees and any other damages or expenses pertaining to the lot.

15. Auctioneer or the Bidders may occasionally experience internet or server service outages or other interruptions to the online bidding process during which Users bids cannot be placed or are delayed. In any such case as Auctioneer deems appropriate, in Auctioneers sole discretion, Auctioneer may extend, reopen, or cancel bidding for any Auction. Users agree that such extension of time to place bids or reopening of any Auction constitutes the sole and full remedy and waives any other claim or right to damages or remedy that Users may have, and Users also waive any claims arising from such reopening or extension of time. Auctioneers will not be responsible for any missed bids from any source.

16. All sales are in United States currency. All deliveries are subject to good funds; funds being received by Auctioneers account before delivery of the purchases; and all payments are subject to a clearing period.

17. Lots are subject to all applicable state and local taxes, unless properly completed resale certificates are on file with Auctioneer. User agrees to pay auctioneer sales tax if due. The appropriate sales tax exemption form or certificate must be on file at and verified by Auctioneer five (5) days prior to the close of an auction or tax must be paid.

18. If Auctioneer refers any invoice to an attorney for collection, the buyer agrees to pay attorney's fees, court costs, and other collection costs incurred by Auctioneer.

19. Auctioneer does not have a shipping department. All items must be picked up at the designated location for each auction. Buyers must make their own shipping arrangements or pick them up in person. Buyer is liable for the costs of shipping and handling. Auctioneer, as a courtesy to the Buyer, may or may not elect to deliver items to local shippers. Auctioneers minimum handling fee for packages of 50 lbs. or less is $15.00 delivered to USPS and $20.00 per package delivered to UPS or FEDEX office. Auctioneer is not obligated to pack any item for shipping.

20. No returns. All sales are final. No items sold by Auctioneer are returnable or refundable for any reason. All items are sold "As Is, Where Is and With Any Faults That May or May Not Exist". Purchasing, Bidding and Participation in the Auction process is acceptance of the item's condition: By bidding Buyers are acknowledging that they have personally measured, inspected, and completed their due diligence to their personal satisfaction. The information has been obtained from sources deemed reliable, however the Auctioneer makes no warranty or guarantee, express or implied of any kind. It is for this reason that buyers should make inspections prior to the sale.

21. No warranty or representation, whether expressed or implied, is made with respect to any description contained in this auction, any description contained in this auction and any item sold to you or any service provided by the Auctioneer including without limitation any warranties of title, merchantability or fitness for a particular use or purpose. Auctioneer undertakes no responsibility for the quality of any item except as otherwise provided in this agreement. Auctioneer assumes no responsibility that any item will be fit for any particular purpose for which you may be buying such item, except as otherwise provided in this agreement. Auctioneer makes no representation or warranty to you whatsoever concerning the value, prospective value, salability, condition, or authenticity of any item. You, and only you, are responsible to satisfy yourself in this regard. Auctioneer is selling only such right or title to the items being sold as Auctioneer may have by virtue of consignment agreements on the date of auction.

22. All images, descriptions, sales data, and archival records are the exclusive property of the Auctioneer, and may be used by Auctioneer for advertising, promotion, archival records, and any other uses deemed appropriate.

23. Limitations Of Liability. For this online auction, Auctioneer is only providing you with a service. Auctioneer is not your agent or representative. In no event shall the Auctioneer be responsible or liable to you for any loss of, or damage to, items while in transit to you, it being understood that in any such event your sole recourse shall be to pursue your rights and remedies against the carrier or shipper, and any insurance, to the extent available. In no event shall Auctioneer be responsible to you for consequential, incidental, special, or indirect damages of any kind, including loss of profits, loss of business opportunity or the like, incurred by you or third parties, and even if Auctioneer has been advised of the possibility of such damages. In no event shall Auctioneers total liability to you exceed the sum of $1.00, and you agree that liability of Auctioneer will exist and arise only if Auctioneer breaches its contractual obligations to you as a result of acts or omissions constituting gross negligence or willful misconduct on the part of Auctioneer

24. Auctioneer shall not be liable for any defect of any item or lot bid on during the auction. In the event that Auctioneer cannot deliver the lot, the sole right and remedy shall be limited to the rescission of sale and refund of the amount paid by buyer.

25. If you violate any part of these Terms and Conditions, Auctioneer may immediately revoke permission for you to use the website or hosting platform.

26. Release: In consideration of participation in any auction, User expressly releases the Auctioneer, JREA, JMAR Inc, its officers, directors and employees and its affiliates from any and all claims, causes of action, whether at law or equity, or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty, whether express or implied, representation or other matter set forth within these Terms and Conditions or otherwise. In the event of a claim, User agrees that such rights and privileges are to be strictly construed as specifically declared herein and are the exclusive remedy. User shall waive any claim against Auctioneer.

27. Disclosure: Auctioneer, its employees or agents may bid on any lots owned by others.

28. By placing a bid, all bidders shall waive their rights in any dispute and shall recognize the Auctioneers opinion as final.

29. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Tennessee. Any claims or suits shall be in the courts of Jefferson County, TN. Any claim, dispute, or controversy in connection with, relating to or arising out of any use of the website and hosting platform, participation in any auction or award of lots must be brought by User by the filing of a complaint in a court of law as provided herein. User expressly waives any right to trial by jury. This agreement and any claims shall be determined and construed under Tennessee law. The prevailing party shall be awarded its reasonable attorneys' fees and costs.

30. We "Thank You" for your participation and your patronage. We are glad you have decided to attend our online auction and Your presence is appreciated. As always, Jackson Real Estate and Auction wants you to have a good auction experience and if we can help you in any way, please do not hesitate to contact us. Email: MarkJackson@JacksonJackson.com