POSTPONED DUE TO WEATHER! Resale Shop Inventory Liquidation Auction

DECEMBER 14th AUCTION POSTPONED DUE TO INCLEMENT WEATHER!

FATHER TIME® AUCTIONS
“NOTICE TO PUBLIC”
December 14, 2013 10:00 AM Until All Items Sold
3863 West Outer Road, Arnold, MO 63010
Preview/Bid Cards Issued at 9:00AM
Buyer’s Premium 15%
Applicable Missouri Sales Tax Also Applies
Credit Cards Welcome–No Additional Charge
No Check(s)


FATHER TIME® AUCTIONS GENERAL TERMS AND CONDITIONS
These General Terms and Conditions together with the FATHER TIME® AUCTIONS BIDDING CONTRACT (collectively hereinafter, “Terms and Conditions”) constitute Bidder’s agreement with FatherTime.Com Auctions, LLC, Father Time® Auctions and Real Estate, and their related subsidiaries and affiliates (hereinafter “Father Time® Auctions”). These Terms and Conditions are between Bidder and Father Time® Auctions and does not include any terms or conditions varying or in addition to these general terms and conditions unless such terms and conditions have been expressly agreed in writing by Father Time® Auctions. By signing the FATHER TIME® AUCTIONS BIDDING CONTRACT, Bidder agrees to be bound by these Terms and Conditions. Father Time® Auctions reserves the right to amend and/or replace these Terms and Conditions from time to time. Any new and/or amended Terms and Conditions will be available upon request. All auctions and sales will be governed by these Terms and Conditions and the FATHER TIME® AUCTIONS BIDDING CONTRACT.
1. Any and all rights granted to Bidder pursuant to these Terms and Conditions may be revoked by Father Time® Auctions at any time in Father Time® Auctions’ sole discretion. Father Time® Auctions reserves the right to refuse to accept any bid by any Bidder for any reason in Father Time® Auctions’ sole discretion. Bidder understands and agrees that Bidder is responsible for complying with all Terms and Conditions including but not limited to payment of all purchases by Bidder at the auction, regardless of whether such purchases were made by Bidder for or on behalf of another party.
2. All persons enter the auction site at their own risk. Bidder, at all times at the auction site, shall be there at his or her own risk without notice of the condition of the premises and the activities thereon and Bidder shall so advise Bidder’s agents, representatives and/or employees. No person shall have any claim against Father Time® Auctions, its officers, directors, agents, employees, principals, or attorneys for any injuries, damages, or loss of any kind, which may occur from any cause whatsoever while on the auction site.
3. No Bidder shall bid on any Lot or item: (a) of whom Bidder is the consignor or owner of the goods put up for auction; or (b) as agent, or associate, or on behalf of the consignor or owner of such goods.
4. Bidder may inspect the items to be sold at auction, but if Bidder or someone Bidder is legally responsible for breaks or damages an item, Bidder will be charged for and agrees to pay for that item. The value of that item will be determined solely by Father Time® Auctions without exception.




5. All information and advertising for the auction is from sources deemed reliable and is believed to be correct, but Father Time® Auctions, its sellers and publishers shall not be liable for any errors or the correctness of the descriptions. Any offer to sell any Lot(s) or item(s) is made subject to errors, omissions, change of terms, prior sales or withdrawal of items without notice. Bidder acknowledges that there may be photographs taken or videotaping during the auction and these photos/videos may be used in promotional materials and digital communication. Bidder hereby consents and grants permission for such photographs/videos to be taken and to be used in promotional materials and in any digital communication by Fathertime.com Auctions, LLC. Bidder authorizes Father Time® Auctions to copyright and publish all photographs and videos in print or electronic format in which Bidder appears or speaks that are taken by or for Father Time® Auctions. Bidder agrees that Father Time® Auctions may use, edit or reproduce such photographs and videos or share them with others for any purpose related to the promotion of Father Time® Auctions and its related programs and activities. Bidder releases all claims against Father Time® Auctions and others with respect to the copyright, publication or use of such photographs or videos, including any claim for compensation related to their use.
6. Auction Listings are prepared as a guide only, based on information from sources believed to be reliable and from the consignor(s) of the Lot(s) and/or item(s); however, the Auction Listing’s accuracy is not guaranteed or warranted. No sale shall be invalidated nor shall Father Time® Auctions, its officers, directors, employees, agents, or attorneys be liable as a result of defects or inaccuracies in the Auction Listing.
7. Any clerking error or omission, printing error or omission, serial numbers or description discrepancies including make, model or year, fuel type, engine type or any other error or omission made by Father Time® Auctions shall not invalidate any sale of any Lot(s) and/or item(s). Bidder acknowledges that it is Bidder’s sole responsibility to verify make, model, year, fuel type, serial number or any other information that a Bidder deems necessary and that Bidder has satisfied all inquiries prior to any bidding.
8. When Father Time® Auctions declares the item to be SOLD and acknowledges Bidder as being the winning bidder, Bidder will immediately take possession of, and is solely responsible for, the lot(s) / item(s) Bidder purchased and shall bear all risk of loss regarding the Lot(s) / item(s). After Bidder takes possession of Bidder’s purchase(s), no refunds will be given in the event Bidder’s item is lost, stolen, or damaged. Bidder will be the sole judge of an item's condition, maker, authenticity, running and working order etc. and ultimately Bidder’s bid amount will be determined solely by Bidder and from information drawn from Bidder’s own pool of knowledge not exclusively from Father Time® Auctions’ information.
9. Bidder must pay for Bidder’s items before removing the items from the auction premises and Bidder must be prepared to show a receipt for purchases if asked by a security official or a staff member of Father Time® Auctions.
10. Bidder is responsible for removing the items from the premises in a careful and diligent manner. Father Time® Auctions is not responsible to remove Bidder’s purchases from the auction premises.
11. Father Time® Auctions, at any time, and at its sole discretion, without notice or liability to Bidder may: (a) withdraw or cancel the sale of any Lot(s) and/or item(s), or (b) offer any Lot(s) and/or item(s) in groups. Father Time® Auctions may invalidate any sale for any reason and without notice or liability to Bidder and Father Time® Auctions’ sole liability shall be the return of monies paid for the Lot(s) and/or item(s) by Bidder. Father Time® Auctions shall have absolute discretion in determining the successful/winning Bidder. At the fall of the auctioneer's hammer, title to the offered lot(s) and/or item(s) will pass to the Bidder acknowledged by the auctioneer. Bidder thereupon assumes full risk and responsibility and will pay full purchase price for the said lot(s) / item(s). If Father Time® Auctions decides that any original bid is not commensurate with the value of the article offered, or that any advance thereafter is not of sufficient amount, Father Time® Auctions may reject the same. Father Time® Auctions reserves the right to withdraw any item at any time before the sale of the lot(s) / item(s).
12. The Terms and Conditions shall be governed by and interpreted under the laws of the State of Missouri. Any action or proceeding filed by Father Time® Auctions or Bidder for the enforcement or interpretation of these Terms and Conditions or otherwise arising out of or relating to these Terms and Conditions or the auction shall be filed in the State of Missouri, County of St. Louis. Bidder further agrees that Bidder is subject to the jurisdiction of the State of Missouri, St. Louis County and waives any objection that Bidder is not subject to such jurisdiction or that St. Louis County is an inconvenient or improper forum.
13. Certain Lot(s), item(s) and/or equipment at the auction site, including Lot(s), item(s) and/or equipment for sale at auction may contain residual chemicals and/or other contaminants. Bidder agrees to indemnify and hold harmless Father Time® Auctions and Seller from any and all damages, claims or liabilities from any injuries to people or property of any type whatsoever caused during the sale of, or during the removal of, items purchased. Bidder agrees that in the event that any purchased items contains any environmental hazards, toxic waste or other type of hazardous material in any form whatsoever, Bidder shall produce evidence that Bidder or its representatives are licensed for such removal and shall comply with all applicable local, state and/or federal rules, laws and regulations. Father Time® Auctions, its agents or representatives will not be responsible for the containment, storage or removal of any items sold at auction.
14. Bidder, whether an individual or acting as a principal, agent, employee, officer, or director of a corporation, limited liability company, partnership, or other entity, jointly and severally agrees to: (a) defend, indemnify, and save harmless Father Time® Auctions, Father Time® Auctions’ consignors, Seller’s and their respective officers, directors, employees, agents, attorneys, and its consignors against and/or from any and all actions, causes of action, suits, damages, costs, expenses, including but not limited to reasonable attorneys’ fees, and losses of any nature, including injury and death, arising from the Bidder’s, Father Time® Auctions’, or Father Time® Auctions’ consignor’s acts or omissions or the purchase or use of any of the lot(s) / item(s) purchased at the auction, or the attendance or participation of Bidder, or Bidder’s agents, officers, directors, or employees, at the auction and/or on the auction site whether before, during, or after the auction; and (b) pay the purchase price, Father Time® Auctions’ fees, sales taxes, Bidder’s Premium and/or commissions, any applicable Department of Motor Vehicles (DMV) fees, and taxes due on all Lots purchased by Bidder at the auction.
15. Any dispute arising as to any bidding shall be settled by Father Time® Auctions at their sole discretion and Father Time® Auctions may put the Lot(s) / item(s) in dispute up for sale again. If any dispute arises as to any bidding between two or more Bidders or as to an item or lot, etc., Father Time® Auctions at its sole discretion, may immediately put the disputed lot up again for auction or declare the winning bidder by decision. The auctions and decisions of Father Time® Auctions shall be binding, final, and absolute. Should a dispute arise after the auction, Father Time® Auctions’ sales records and/or tape recordings will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises. All parties agree that Father Time® Auctions’ final decisions shall be binding.
16. If any provision of the Terms and Conditions is held to be void or unenforceable, the remaining provisions shall remain valid and enforceable and shall be construed in such a manner as to achieve their original purposes in full compliance with all applicable laws and regulations.
17. In the event either Father Time® Auctions or Bidder files any action or other proceeding to enforce or interpret the terms of these Terms and Conditions, the prevailing party in any such action or proceeding shall be entitled to recovery its reasonable attorneys’ fees and costs in connection therewith from the non-prevailing party.
POOLING OR BID RIGGING IS FRAUD AND A SERIOUS FEDERAL OFFENSE. BID RIGGING IS ILLEGAL AND SUSPECTED VIOLATIONS WILL BE REPORTED TO THE DEPARTMENT OF JUSTICE FOR INVESTIGATION AND PROSECUTION.