50+ Year Collection of Arlen R. Fowler Live & Online Auction

TERMS AND CONDITIONS

Live & Online Personal Property Auction

Please review this document carefully. This document creates certain legally binding contractual obligations.

In order to register and receive access to the interactive online bidding platform, a Bidder must accept and acknowledge these Terms and Conditions.

1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject personal property. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded.

2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any bidder of a rejected bid.

3. The Winning Bidder covenants and agrees to purchase the subject personal property at the price of the winning bid plus buyer's premium, and upon the terms and conditions hereinafter provided.

4. Within 24 hours of the close of the auction event, the online Winning Bidders for the property shall receive an e-mail from Champaign County Auctions, which will detail a date, a time, and a location for the retrieval of the subject personal property, subject to further specific arrangements of the parties, including options for shipping and electronic payments.

5. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, wire transfer, credit card, or other payment method approved by the Auctioneer. Payment terms are at the discretion of the Auctioneer, and payments of over $1,000.00 may be subject to certain requirements. Card payments should be made via the card used for bidder registration. Any change in payment method from the Winning Bidder's registered payment method must be communicated to the Auctioneer. Shipments will only be shipped to the address linked to the card used for purchase. The linked address is defined as the address on file with the card issuing bank. For those requiring shipments to an alternative address, payment must be arranged via wire transfer or a one-way electronic payment method such as Zelle. If a bank/credit card is used for purchase, the shipper will absolutely not ship to an alternative address that is not linked to the address registered with the card issuer.

6. Failure to appear at the appointed date, time, and location by the Winning Bidder shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred. Any items not paid in full and picked up within two (2) days of the close of this auction will become the property of Champaign County Auctions & Estates, unless a late pickup/payment arrangement has been made. A late pick up arrangement may entail a minimum of a $50 fee for the inconvenience of scheduling an employee to meet at the property impromptu.

7. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Sixth Judicial Circuit, Champaign County, Urbana, Illinois.

8. Time shall be of the essence as to all of Buyer's obligations.

9. Auctioneer reserves the right to resell any personal property not paid in full within two (2) days of the auction closing date. In any scenario where full payment is not made, the winning bidder will not be refunded for any partial payments made. Any partial payments that are able to be processed will be considered fees for restocking and finding a backup buyer.

10. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material.

11. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledge persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records.

12. By registering and bidding, the Buyer acknowledges they understand, accept and agree to these Terms and Conditions. The Buyer acknowledges that they have had ample opportunity to read the Terms and Conditions of the Auction Sale.

13. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning.

14. Shipping - Shipping is only available on certain items, mostly the advertising signs. The Auctioneer has implemented a MINIMUM $20.00 total cost per order for shipping, which covers the cost for packing, purchasing the shipping label, labeling, and tracking each package. Ultimately, most smaller size shipments will cost a total of $20.00 for shipping. The Auctioneer and shipper are very firm about not shipping any items that are clearly described as not available for shipping. It is the responsibility of the bidder to read the auction information and understand which items are available for shipping versus the items that are not available for shipping. Buyers who purchase items that are not available for shipping must make arrangements for pick up or must send a courier/agent to pick up on their behalf to avoid forfeiture.The Auctioneer has hired an inexpensive 3rd party professional packing & shipping service to facilitate shipments for anyone who buys items that are available for shipping and submits a request for shipping service to be provided. The shipper will ONLY ship to the "Shipping Address," which is defined as the address linked to the bank/credit card used to register for the auction and pay for the purchase. The shipper WILL NOT ship to any other alternative address (please also see #5 above). The Auctioneer may decline bidding in instances where a registrant's profile address does not match their bank card address. Shipping is offered via USPS or United Parcel Service, and the carrier will be selected based on the least expensive option. The shipper uses Shipping Saint software to manage their shipping process, and all buyers will be sent an email from Shipping Saint within an hour after the auction is over. Buyers who require shipping must follow the instructions within the Shipping Saint email to request their purchase to be shipped.

In order to streamline the shipping service for all purchases, the Auctioneer has a policy of a minimum and standard $20.00 shipping cost. This means that shipping will be a minimum of $20.00 charge, regardless of the price, size, or shipping destination of any purchase. Shipping may cost more than $20.00 if multiple items or larger items are purchased, requiring extra handling time. For larger orders, handling fees will be calculated at $10.00 per 15 minutes required to safely pack the order, plus the cost of the shipping label. For example, very large orders that take 45 minutes to pack will be charged approximately $30.00 in handling fees, plus the cost of the shipping label. Materials and boxes are fairly inexpensive and may cost up to $5 dollars extra, depending on the box size. Any use of foam board to protect flat items (such as advertising signs) may incur an additional cost of approximately $2 per square foot of 3/4" foam board. Shipping label cost will be added to the cost of all shipments, with the exception of orders that are only being charged the $20 minimum shipping cost.

The shipper's pricing is reasonable in comparison with other auction houses and 3rd Party shippers. It is expected that buyers understand the inflated cost of shipping labels, labor rates, cardboard boxes, and packing materials since 2020. In any instance where a buyer is unhappy with the cost of shipping, the Auctioneer will require local pick up by a Uship.com or other courier.

***The Auctioneer is not responsible for filing or pursuing insurance claims. In the very rare occurrence of a damaged package, it is the Winning Bidder's responsibility to file an insurance claim. The Auctioneer will assist the Winning Bidder with the necessary documentation required by the claims adjuster, but the Auctioneer will not file or pursue insurance claims.***

15. The Auctioneer does not accept bids from new HiBid members with less than 60 days of bidding and successful payment history, unless the bidder is considered to be "local." Exemptions to this rule include family and friends of the Consignor(s), those willing to place an electronic deposit via Venmo, and those who are acquainted with regular customers or other local auctioneers who can be contacted as references.

16. The Auctioneer does not accept bids from anyone who has had a documented history of unpaid invoices, payment disputes, chargebacks, or unpaid shipping bills with other affiliates or online Auctioneers. The Auctioneer also does not tolerate non-payment or any other forms of these occurrences with Champaign County Auctions & Estates. The Auctioneer will document any such issue on the bidder's online registration profile. The Auctioneer will also pursue any damages caused by an unpaid invoice or chargeback by filing suit with the Champaign County Court Clerk. A $250 filing fee will also be added as damages to the complaint.

17. The Auctioneer does not accept bids from anyone who has had a documented history of rudeness, difficulty, or other similar problems with affiliates or other online Auctioneers. The Auctioneer does not tolerate these types of problems and will document any such issues, which may occur in their place of business or via email/telephone, on the bidder's online registration profile. The Auctioneer expects that any disagreements are to be handled in a professional manner.

18. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.