Kiefer Relocation Online Auction

VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE.

TERMS: 15% Buyer's Premium will be added to the last bid to establish final invoice price.  Vehicle Purchases required to be paid via cashier's check made payable to Don Rose Auctioneers.  Certified funds, made out to Don Rose Auctions & Realty, will be necessary on purchases of $1000 or more.

GENERAL TERMS: We will not facilitate pickup BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pickup is scheduled to end. If buyers are not finished at the designated ending time, additional charges may be charged to your credit card. Our staff is there to supervise the safe and proper removal of items and to help you identify the items included in your purchase. The staff is NOT there to help with the removal of heavy items. If you have any questions or need directions, please call Michelle at 419-260-1913. Please do not call or email the office contacts as office staff may not be available to help. Policies and Fees: Pick-up: NO SHOW, Leaving Lot OR Partial Lot behind - $25.00 per lot OR actual cost of disposal AND forfeiture of item. Not completing pick-up process within the proper time frame: $30/ First half hour/Per Staff Member and $30.00/Hr after first half hour/Per Staff Member. Arrange special pick-up time w/staff outside of time outlined: (ONLY IF POSSIBLE) - $30/Hr Clock starts when staff leaves office until return to office (Per Staff member). The auction will be conducted by Don Rose Auctioneers, LLC d/b/a Don Rose Auctioneers (Auctioneer) on behalf of the owners of the property, referred to as the Seller.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial.

These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of Ohio, without regard to its conflict-of-laws principles. All claims, disputes, and other matters between the parties will be brought exclusively in the state courts of Ohio or the federal courts sitting in and for Wood County, Ohio, and such courts will have exclusive jurisdiction and venue over all such claims, disputes, and matters. YOU irrevocably and unconditionally (i) agree that any claim, suit, or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby will be brought in the state courts of Ohio or the federal courts sitting in and for Wood County, Ohio; (ii) consent to the jurisdiction of such courts for any such claim, suit, or cause of action; (iii) waive any objection that YOU may have to the laying of venue of any such claim, suit, or cause of action in such courts; and (iv) waive any objection to the bringing of any such claim, suit, or cause of action in such courts on the grounds of inconvenience. YOU WAIVE THE RIGHT TO A JURY TRIAL.

Uniform Commercial Code; CISG.

Without limiting the Governing Law provision of these Bidder Terms and Conditions, the sale of personal property will be governed by Article 2 of the Uniform Commercial Code as adopted in Ohio (Ohio Rev. Code Chapter 1302), subject to the specific provisions of these Bidder Terms and Conditions, which will control. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply to these Bidder Terms and Conditions or the sale of any Lots, and YOU expressly waive its application.

Invoice and Communications from AUCTIONEER.

YOU will be invoiced for YOUR purchases at the conclusion of the Auction. If YOU are present at the Auction Site at the conclusion of the Auction, an invoice will be delivered to YOU at that time and may also be sent to YOU by email. If YOU are a remote Bidder, an invoice will be sent to YOU by email after the conclusion of the Auction. YOU ACKNOWLEDGE AND AGREE THAT EMAIL COMMUNICATIONS, INCLUDING, WITHOUT BEING LIMITED TO, INVOICES, PAYMENT INSTRUCTIONS, AND PAYMENT REMINDERS, MAY BE SENT OR TRANSMITTED TO YOU BY AUCTIONEER, OR THOSE ACTING ON AUCTIONEER'S BEHALF, AT ANY TIME DURING THE DAY OR NIGHT, AND YOU EXPRESSLY CONSENT TO THE TRANSMISSION, AND YOUR RECEIPT, OF COMMUNICATIONS FROM OR ON BEHALF OF AUCTIONEER BY EMAIL OR OTHERWISE (INCLUDING, WITHOUT BEING LIMITED TO, INVOICES, PAYMENT INSTRUCTIONS, AND PAYMENT REMINDERS) AT ANY TIME DURING THE DAY OR NIGHT WITHOUT LIMITATION AS TO THE DAY OF THE WEEK OR THE TIME OF DAY THAT SUCH EMAIL IS TRANSMITTED OR RECEIVED, AND WITHOUT REGARD TO WHETHER SUCH TRANSMISSION OCCURS ON A LEGAL HOLIDAY.

Posted Times.

Unless stated otherwise, all posted or listed times (including opening and closing times) are intended to reference the local time zone at the Auction Site. Posted closing times and time displays are approximate. AUCTIONEER reserves the right, in AUCTIONEER's sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)).

Automatic Extension Feature and Rolling Close of the Bidding.

Online Bidding Periods include an automatic extension feature. This means that if a bid is entered within a set time period approaching the end of the established Online Bidding Period on a Lot, the Online Bidding Period for that Lot will be automatically extended for an additional period of time in increments established by AUCTIONEER, and such extensions will continue until there is a set period of time that lapses during which no advancing online bid is received, after which bidding on that Lot will close.

Technology Disruptions.

YOU acknowledge and agree that the Auction is conducted electronically and relies on hardware and software that may malfunction without warning. AUCTIONEER will not be responsible for, and will suffer no liability for, technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Bidding Platform(s), (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) otherwise. AUCTIONEER may, but will not be required to, continue, suspend, delay, extend, reschedule, reset, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced. If the Auction is reset, bidding on all Lot(s), including closed Lot(s), may be reset.

Failures by Online Platform Provider and Its Affiliates or Contractors.

Under no circumstances will AUCTIONEER be liable for any failure of the Online Platform Provider(s) to perform, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Platform Provider(s) to perform regardless of whether such obligations are owing, directly or indirectly, to AUCTIONEER, to YOU, to SELLER, or otherwise.

Staggered Closing; Auto-Extend Feature.

AUCTIONEER's online Auctions are designed to mimic traditional "live" auctions. For this reason, the online portion of the Auction will have a staggered, dynamic closing. YOU must continuously refresh YOUR browser during the closing process to see the most current bidding activity. The Auction will typically begin to close at a rate of two Lots per minute. The estimated closing time for a Lot will be displayed on the Online Bidding Platform, but Lots may be extended past their scheduled closing time as a result of AUCTIONEER's dynamic closing (automatic extension) feature. The closing time for a Lot is typically extended an additional three minutes if a bid is placed within the last three minutes before that Lot's estimated closing time, and such extensions will continue until there is a set period of time that lapses during which no advancing online bid is received, after which bidding on that Lot will close. AUCTIONEER may adjust the automatic extension period at any time. The auto-extend feature may not apply if the Auction is simulcast with both online and onsite bidding, in which case AUCTIONEER will not be required to keep bidding on any Lot(s) open for the auto-extend period after receiving an advancing onsite bid.

Online Bidding; Maximum Bids.

Online bids may be submitted as a single advancing bid on a Lot or as a maximum bid on a Lot, and bidding will advance competitively to the next available increment. Just like an Absentee Bid, AUCTIONEER may view YOUR bids as they are entered and advanced, including YOUR maximum bid. If YOU submit a single advancing bid on a Lot and YOUR bid is equal to or less than the maximum bid previously submitted by another Bidder on the same Lot, YOU will be outbid. If YOU submit a maximum bid on a Lot and a maximum bid has previously been submitted by another Bidder on the same Lot, bidding will advance to the next highest bid increment after which either YOUR maximum bid or the previously submitted maximum bid has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. If YOUR bid is shown as the current high bid on a Lot and another Bidder submits a bid (either as a single bid or as a maximum bid), bidding will advance to the next highest bid increment after which either YOUR maximum bid or the maximum bid of the competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be shown at that amount. It is YOUR responsibility to refresh YOUR browser to keep current with the bidding. Limitations in technology, connectivity issues, and refresh rates may cause delays that result in an attempted bid on a Lot not being posted before that Lot closes.

Disclaimer.

THE ONLINE BIDDING PLATFORM(S) AND AUCTIONEER'S WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUCTIONEER MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, (i) THAT THE ONLINE BIDDING PLATFORM(S) OR ANY RELATED WEBSITE OR TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE OR VIRUS FREE, (ii) AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE ONLINE BIDDING PLATFORM OR ANY RELATED WEBSITE OR TECHNOLOGY, OR (iii) AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR CURRENT NATURE OF THE ONLINE BIDDING PLATFORM OR ANY RELATED WEBSITE TECHNOLOGY. IF YOU ARE DISSATISFIED WITH THE AUCTION, OR THE NATURE, CHARACTER, OR FUNCTIONALITY OF TECHNOLOGY ASSOCIATED WITH THE AUCTION, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR PARTICIPATION IN THE AUCTION. AUCTIONEER RESERVES THE RIGHT TO TERMINATE YOUR BIDDER REGISTRATION, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE AUCTION, TO IMPOSE LIMITS ON CERTAIN FEATURES OF THE ONLINE BIDDING PLATFORM, AND/OR LIMIT, RESTRICT, OR TERMINATE YOUR ACCESS TO AUCTIONEER'S WEBSITE OR TO THE AUCTION WITHOUT NOTICE.

Restrictions on Use.

YOU agree not to take any action or use any hardware, software, program, or system that would interfere with the orderly conduct of the Auction. YOU agree not to copy, reproduce, or publicly display any content from AUCTIONEER's website without first obtaining written permission from AUCTIONEER. YOU agree that YOU will not use any robot, spider, other automatic device, or manual process to monitor or copy the Online Bidding Platform(s), AUCTIONEER's website, any technology associated with the Auction, and/or any content associated with the Auction. YOU agree that YOU will not use any device, software, or routine to interfere with, or attempt to interfere with, the proper functioning of the Online Bidding Platform(s), AUCTIONEER's website, any technology associated with the Auction, or any activity being conducted in connection with the Auction. YOU agree that YOU will not take any action that imposes an unreasonable or disproportionately large load on the Online Bidding Platform(s), AUCTIONEER's website, and/or online infrastructure. YOU agree that YOU will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content from the Online Bidding Platform(s) and/or AUCTIONEER's website. Access to and use of any Online Bidding Platform is subject to the terms and conditions of the applicable Online Platform Provider(s).

Reporting Bidding Errors.

YOU should refresh YOUR browser often to view the most up-to-date bid information, and should carefully review every bid YOU choose to make before submitting that bid. AUCTIONEER will not assume that any bid, even a bid that increases YOUR own lower bid, was made in error. Bidders may strategically increase their own bids. YOU understand and agree that YOU will be held responsible for having made all bids that are made using YOUR account information, even if YOU claim the bid was made in error.

Security of Bidder Account.

YOU are responsible for monitoring and maintaining the security of YOUR Bidder Account information. If, at any time, YOU know or suspect that YOUR Bidder Account has been hacked, cloned, compromised, or improperly accessed, YOU must immediately notify AUCTIONEER, and YOU must also report the incident to the appropriate law enforcement authorities (with a copy of the police report sent to AUCTIONEER).

Responsibility for Bids.

YOU are responsible for all bids made using YOUR Bidder Number or YOUR Bidder Account, and if YOU tender a bid that is determined by AUCTIONEER to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, YOUR device, or YOUR Bidder Account, YOU will be the Buyer. YOUR failure to inspect or otherwise become fully informed about a Lot will not be grounds for a refusal to pay and will not support a claim against AUCTIONEER or the SELLER. If YOUR Bidder Number is lost, stolen, or misappropriated, or if YOUR Bidder Account has been hacked or compromised, YOU should notify AUCTIONEER immediately. YOU will be liable for all bids tendered using YOUR Bidder Number or Bidder Account before giving AUCTIONEER notice that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR Bidder Account was hacked or compromised.

Conduct of the Auction.

AUCTIONEER will regulate all matters relating to the conduct of the Auction and AUCTIONEER's decisions will be final and binding. AUCTIONEER will have control over bidding, and AUCTIONEER will resolve any and all disputes. If (i) after the Fall of the Hammer or other termination of the bidding AUCTIONEER is made aware of a bid that was tendered but not recognized prior to the Fall of the Hammer or other termination of the bidding, or (ii) some other bid dispute arises, AUCTIONEER may, in AUCTIONEER's sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the last bid recognized by AUCTIONEER prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. AUCTIONEER will suffer no liability on account of AUCTIONEER's determination to reopen the bidding or not. AUCTIONEER reserves the right, for any reason, in AUCTIONEER's sole discretion, to terminate, change or suspend the sale of any Lot or any aspect of any Auction. AUCTIONEER reserves the right, in AUCTIONEER's sole and absolute discretion, to (i) add or remove Lots from the Auction, (ii) split or combine Lots, (iii) add minimum bids or Reserve Prices, (iv) cancel, suspend, extend, or reschedule the sale of any Lot or of the Auction in whole or in part, (v) make changes to the Auction's closing, inspection, or removal times, and/or (vi) take any other action AUCTIONEER deems necessary or appropriate. Advertised times for bidding on particular Lots are estimates provided for convenience only, and AUCTIONEER will have no liability with respect to any Lots sold before or after an advertised time.

No Bid Retraction; Irrevocable Offer.

Without AUCTIONEER’s consent (which consent may be granted or withheld in AUCTIONEER's sole and absolute discretion), YOU may not retract or revoke a bid that has been acknowledged by AUCTIONEER or that YOU have submitted online. YOU acknowledge and agree that AUCTIONEER is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction: (i) is disruptive and interferes with the Auction; (ii) may cause other Bidders to question the integrity of the Auction (among other things, affecting AUCTIONEER’s reputation); (iii) may reduce Bidder confidence in the Auction process; and (iv) may have a negative effect on the Hammer Price, thereby harming the SELLER. As an inducement for AUCTIONEER to accept YOUR Bidder Registration and to grant YOU the privilege of bidding at the Auction, and in consideration of the ability to bid at the Auction, YOU promise and agree that, without AUCTIONEER's prior consent, YOU will not withdraw or attempt to withdraw any bid tendered by YOU or on your behalf. YOU further acknowledge and agree that YOUR bid constitutes an irrevocable offer that will not be terminated by AUCTIONEER's solicitation and/or acknowledgment of advancing bids, neither of which constitutes a rejection of YOUR bid.

All Property Sold "AS IS," "WHERE IS," and "WITH ALL FAULTS."

EACH LOT IS BEING EXPOSED FOR SALE, AND WILL BE SOLD, IN ITS "AS IS/WHERE IS" CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. UNLESS EXPRESSLY STATED OTHERWISE, NO LOT THAT IS EXPOSED FOR SALE IN ITS "AS IS" CONDITION HAS BEEN MODIFIED, ALTERED, INSPECTED, OR TESTED BY AUCTIONEER. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH LOT, INCLUDING, WITHOUT BEING LIMITED TO, BRANDING, LABELING, MAKER’S MARKS, MILEAGE, HOURS, MAINTENANCE, AND MANUFACTURER'S WARRANTIES. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY COMMON LAW WARRANTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. AUCTIONEER DISCLAIMS ANY RESPONSIBILITY FOR LIENS OR ENCUMBRANCES THAT MAY ATTACH TO OR BE ASSOCIATED WITH ANY LOTS; AND YOU ARE SOLELY RESPONSIBLE FOR SEARCHING OR INVESTIGATING LIENS AND ENCUMBRANCES. IT IS BELIEVED THAT DESCRIPTIONS ARE ACCURATE, BUT THEY ARE NOT GUARANTEED. AUCTIONEER DISCLAIMS LIABILITY FOR ANY TECHNOLOGY-RELATED LOCK, IMPEDIMENT, OR ENCUMBRANCE ASSOCIATED WITH ANY LOT; AND AUCTIONEER HAS NO OBLIGATION TO PROVIDE ANY PASSWORD, LICENSE, TECHNICAL SUPPORT, OR OTHER TECHNOLOGY-RELATED SERVICE, PRODUCT, OR THING ASSOCIATED WITH ANY LOT. AUCTIONEER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING EMBEDDED SOFTWARE LICENSES, OR WHETHER ANY ACTS OR OMISSIONS BY OR ON BEHALF OF SELLER HAVE VOIDED ANY MANUFACTURER WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY AUCTIONEER, OR SELLER, OR ANYONE ACTING AS AGENT OF SELLER, ORALLY OR IN WRITING, ABOUT ANY LOT. AUCTIONEER DOES NOT INSPECT BOXES TO VERIFY CONTENTS, AND IT IS YOUR RESPONSIBILITY TO VERIFY CONTENTS OF ANY BOX INCLUDED IN ANY LOT(S) BEFORE BIDDING. AUCTIONEER DOES NOT WARRANT OR GUARANTEE LABOR OR CRAFTSMANSHIP ON JEWELRY AND WATCHES. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF A PRE-AUCTION INSPECTION IS NOT AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES BY AUCTIONEER OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS ASSOCIATED WITH YOUR PURCHASE OF THE LOT(S) WITHOUT A PRE-AUCTION INSPECTION. THIS "AS IS" DISCLAIMER APPLIES PRE-AUCTION, POST-AUCTION, AND DURING THE AUCTION. UNLESS OTHERWISE STATED, NO ITEMS HAVE BEEN AUTHENTICATED BY BRAND OR MAKER. YOU ARE RESPONSIBLE FOR AUTHENTICATING ALL LOT(S) THAT YOU BID ON OR PURCHASE.

Bidding by or on Behalf of Seller.

Seller reserves the right to bid at the Auction. Seller, or those acting on Seller's behalf, may bid on any Lot(s) with the exception of Lot(s) expressly identified, in writing, as being exposed for sale at an Absolute Auction that is not a forced sale. Auctioneer may execute bids on Seller’s behalf and there is no requirement that any specific bid executed on Seller’s behalf be identified as such or that such bids will be tendered under any single Bidder Number or Bidder Account.

Title.

If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract Price; however, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears.

Failure to Pay.

If YOU fail to pay for YOUR purchase(s) within the time provided under these Bidder Terms and Conditions (or as otherwise posted on AUCTIONEER's website), YOU will be deemed to have abandoned any interest in the Lot(s), but YOU will remain liable for payment of (i) the Hammer Price (subject to any mitigation of damages if the Lot(s) are subsequently sold, and (ii) one hundred percent (100%) of the Buyer's Premium (even if the Lot(s) are subsequently sold). Unpaid Lot(s) may be retained by SELLER, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold in a subsequent transaction, YOU will be liable for (i) any shortfall or deficiency on the resale of the Lot(s), (ii) one hundred percent (100%) of the Buyer's Premium, and (iii) all costs and expenses incurred in connection with the subsequent sale of the Lot(s). Under no circumstances will YOU be entitled to any surplus from the subsequent sale of any unpaid Lot(s). AUCTIONEER and/or SELLER may, at any time, commence a lawsuit against YOU because of non-payment.

Failure to Pick-up or Remove; Abandonment.

If YOU are the Winning Bidder on any Lot(s), and, after paying the Contract Price for such Lot(s), YOU fail to pick-up or remove such Lot(s) within the period provided by AUCTIONEER (by announcement, as set forth in these Bidder Terms and Conditions, or as indicated on AUCTIONEER’s website), YOU will be deemed to have abandoned such Lot(s), and any interest therein, to AUCTIONEER, and YOU will give up any and all rights with respect to such Lot(s). Any Lot(s) that have been abandoned to AUCTIONEER may be retained by AUCTIONEER, sold at a subsequent auction, or otherwise disposed of. YOU will not be entitled to any proceeds from the subsequent sale of any abandoned Lot(s).