GENERAL TERMS FOR FURNITURE GALLERY ON-LINE & LIVE AUCTIONS<br>
629 MOULTRIE DRIVE<br>
BLYTHEVILLE, AR 72315<br>
<br>
ALEXANDER AUCTIONS & REAL ESTATE SALES HAS BEEN COMMISSIONED DONNA SHIPLEY/REED RILEY, OWNERS D/B/A AS THE FURNITURE GALLERY & QBE, CLAIM #395750N TO SELL THE INVENTORY OF THE FURNITURE GALLERY AT PUBLIC AUCTION.<br>
<br>
THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHMENT, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF SALE FROM THE AUCTION BLOCK. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT OR REPRESENTED BY AN AGENT OR ABSENTEE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.<br>
<br>
TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES, & THE AUCTIONEER, MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM.<br>
<br>
CONDITIONS OF ITEMS SOLD: ALL INFORMATION IS BELIEVED TO BE ACCURATE, BUT THE AUCTIONEER SHALL NOT BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, AUTHENTICITY, GENUINENESS OF OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO ALLOWANCES WILL BE MADE OR SALE SET ASIDE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGUING OR ANY IMPERFECTION NOT NOTED. NO DEDUCTION WILL BE ALLOWED ON DAMAGED ARTICLES AS ALL GOODS BEING EXPOSED FOR PUBLIC EXHIBITION ARE SOLD 'AS IS” AND WITHOUT RECOURSE.<br>
<br>
1. NO FURNITURE, INVENTORY OR EQUIPMENT WILL SELL WITH A MANUFACTURE WARRANTY.<br>
<br>
2. THERE WILL BE A 10% BUYER’S PREMIUM ADDED TO THE FINAL BID TO REACH THE TOTAL SELLING PRICE OF EACH ITEM. <br>
<br>
3. CREDIT CARD PAYMENT WILL NOT BE ACCEPTED FOR PAYMENTS OVER $2,000.00.<br>
<br>
4. AMOUNTS OVER $2,000.00 REQUIRE CASH, WIRE TRANSFER OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE MADE TO ALEXANDER AUCTIONS & REAL ESTATE SALES.<br>
<br>
5. IF PAYMENT IS MADE BY MASTERCARD OR VISA CREDIT CARD, THERE WILL BE A 13% BUYER’S PREMIUM ADDED TO THE FINAL BID TO REACH THE TOTAL SELLING PRICE OF EACH ITEM.<br>
<br>
6. ALL BUYERS ACKNOWLEDGE AND ACCEPT BY SIGNATURE THESE TERMS AND CONDITIONS PROVIDED AT TIME OF REGISTRATION BY REGISTERING FOR A BID NUMBER.<br>
<br>
7. ALEXANDER AUCTIONS & REAL ESTATE SALES MAKES NO REPRESENTATION OR WARRANTY AS TO THE AUTHENTICITY OF ANY OF THE FURNITURE, EQUIPMENT, SUPPLIES, INVENTORY, AND OTHER PERSONAL PROPERTY IN THE AUCTION.<br>
<br>
8. ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE SELLERS MAKE A DISCLOSURE THAT THERE WAS A FIRE IN ONE AREA OF THE BUILDING. THE FIRE CAUSED SMOKE TO BE IN THE BUILDING, THEREFORE THE INSURANCE COMPANY HAS PAID THE OWNER’S CLAIM AND ALEXANDER AUCTIONS HAS BEEN COMMISSIONED TO SELL ALL INVENTORY.<br>
<br>
9. PRE-AUCTION BIDDERS AND INTERNET BUYERS: YOU MUST PROVIDE A VALID MAJOR CREDIT CARD (MC/VISA) IN ORDER TO REGISTER AND BID. THE CARD INFORMATION IS KEPT AS A SECURITY TO ENSURE THAT ITEMS PURCHASED ARE PAID FOR. <br>
<br>
10. PRE-AUCTION BIDS PLACED FOR THE LIVE AUCTIONS WILL BE DOWNLOADED INTO OUR SOFTWARE SYSTEM AND EXECUTED AT THE LIVE AUCTION. NO ITEMS IN THE LIVE AUCTIONS WILL BE SOLD BEFORE THE LIVE AUCTION. ALL SALES WILL BE FINAL AT THE LIVE AUCTION WHEN THE AUCTIONEER DECLARES THE ITEM(S) SOLD AT THE FALL OF THE HAMMER.<br>
<br>
11. LIVE AUCTION BIDS: ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT AND DOES ACCEPT ABSENTEE BIDS FROM INDIVIDUALS AND WILL ATTEMPT TO EXECUTE THESE BIDS. ITEMS WILL BE SOLD TO SAID INDIVIDUALS PROVIDED THEY ARE THE HIGH BIDDER. IF ANYONE WOULD LIKE TO LEAVE AN ABSENTEE BID ON ANY ITEM, GO BY THE CASHIER'S DESK, SIGN A FORM, AND LEAVE PAYMENT. YOUR BID WILL BE EXECUTED. IN THE EVENT YOU ARE NOT THE SUCCESSFUL BIDDER, YOUR MONEY WILL BE REFUNDED. ALEXANDER AUCTIONS SHALL NOT HAVE ANY LIABILITY IF YOUR BID IS NOT ENTERED.<br>
<br>
12. BIDDERS WHO BID FROM OFF SITE AND ARE NOT PRESENT AT THE LIVE AUCTION OR PREVIEW 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. ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL ENDEAVOR TO DESCRIBE IN DETAIL EACH ITEM AND ANY PERTINENT INFORMATION ABOUT IT. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE DESCRIPTIONS OF THE MERCHANDISE UNLESS IT IS A MATERIAL AND INTENTIONAL MISREPRESENTATION OF THE ITEM ITSELF. BIDDER AGREES THAT EVERYTHING IS SOLD “AS IS” AND THEY MAY NOT RETURN ANY ITEM THEY PURCHASE.<br>
<br>
13. ALEXANDER AUCTIONS & REAL ESTATE SALES IS PROVIDING INTERNET PRE-AUCTION BIDDING AS A SERVICE TO BIDDERS. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY AT TIMES. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING A LIVE AUCTION. <br>
<br>
14. PRE-AUCTION ABSENTEE ON-LINE BIDDING IS AVAILABLE THROUGH ALEXANDER AUCTIONS & REAL ESTATE SALES WEBSITE (www.alexanderauctions.com) ON SELECTED ITEMS. TO BID ON ANY ITEMS, YOU MUST BE REGISTERED FOR THE AUCTION.<br>
<br>
15. PRE-AUCTION BIDS FOR THE LIVE AUCTIONS ARE ENTERED AT THE LIVE AUCTION. NO SALE IS CLOSED UNTIL THE ITEM IS SOLD AT THE FALL OF THE HAMMER BY THE AUCTIONEER AT THE LIVE AUCTION.<br>
<br>
16. DUE TO UNCERTAINTIES OF BIDDING. A LOT MAY SELL TO THE AUDIENCE FOR THE SAME AMOUNT AS AN INTERNET BIDDER. IN CASE OF A TIE BID, THE ITEM WILL BE SOLD TO THE BIDDER ON SITE AT THE LIVE AUCTION. THE AUCTIONEER’S DECISION SHALL BE BINDING AND FINAL.<br>
<br>
17. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS OR UNEXECUTED BIDS FROM ANY SOURCE. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS. <br>
<br>
18. ALL PURCHASES TO BE PAID FOR IN CASH, CASHIERS CHECK, CERTIFIED FUNDS OR PERSONAL CHECK WITH CURRENT BANK LETTER OF GUARANTEE TO ALEXANDER AUCTIONS & REAL ESTATE SALES REQUIRED BY ALL PERSONS NOT PERSONALLY KNOWN BY AUCTION COMPANY. <br>
<br>
19. PAYMENT: ALL PURCHASES MUST BE PAID FOR ON SALE DAY. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY THE SELLER. ALL PROSPECTIVE BIDDERS ARE REQUIRED TO PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS.<br>
<br>
20. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY EXCUSES FOR A CHECK THAT DOES NOT CLEAR. PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY.<br>
<br>
21. COMPLIANCE WITH THE TERMS OF SALE – IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME ANNOUNCED FOR THIS AUCTION THE AUCTIONEER IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW, MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. LOTS NOT PAID FOR WITHIN THE TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE WITHOUT FURTHER NOTICE. ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSES AND COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH. THE FAILURE OR DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR CHARGES AS INCURRED TO EFFECT THE RESALE OF THAT PROPERTY AT PRIVATE OR PUBLIC SALE. THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYER ONCE A DEFAULT HAS OCCURRED. THE OBLIGATION OF THE BUYER SHALL BE FOR COSTS AS INCURRED, PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT.<br>
<br>
22. SALES TAX: SALES TAX WILL BE REQUIRED ON PURCHASES. AR SALES TAX IS 10 %.<br>
<br>
23. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION, AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION.<br>
<br>
24. ALL SALES ARE FINAL. ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE FALL OF THE HAMMER. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT ACCEPT ANY MERCHANDISE BACK BECAUSE YOU HAVE DECIDED THAT YOU DO NOT WANT IT OR YOU MAY DECIDE YOU HAVE OVERPAID FOR IT. IF YOU PURCHASE AN ITEM AND LEAVE AND DO NOT PAY FOR IT, THEN WE WILL PROCEED TO COLLECT FOR THE ITEM IN A LEGAL MANNER.<br>
<br>
25. CONFIRMATION OF PURCHASE: TITLE TO THE PROPERTY SHALL PASS TO THE BUYER UPON THE FALL OF THE AUCTIONEER'S HAMMER AT THE LIVE AUCTION, SUBJECT TO THE COMPLIANCE BY THE BUYER OF THE CONDITIONS OF SALE. BUYER ASSUMES ALL RESPONSIBILITY FOR THE ITEM OR ITEMS AFTER THE FALL OF THE HAMMER AND SHALL PAY THE TOTAL PURCHASE PRICE.<br>
<br>
26. REMOVAL OF PROPERTY OR STORAGE: NONE OF THE PROPERTY MAY BE REMOVED FROM THE PREMISES UNTIL THE TOTAL PURCHASE PRICE HAS BEEN PAID. ANY ITEMS LEFT AND NOT REMOVED FROM THE PREMISES REMAIN AT THE SOLE RISK OF THE BUYER. REMOVAL SHALL BE AT THE EXPENSE, LIABILITY, AND RISK OF THE PURCHASER. PURCHASES CAN BE REMOVED ONLY ON PRESENTATION OF ORIGINAL BILL OF SALE. PHOTOSTATS OF BILLS OF SALE WILL NOT BE ACCEPTED FOR REMOVAL. UPON FAILURE OF PURCHASER TO REMOVE GOODS WITHIN TIME SPECIFIED AS POSTED OR ANNOUNCED, AUCTIONEER SHALL HAVE THE OPTION OF REMOVING AND STORING THE GOODS AT EXPENSE AND RISK OF THE PURCHASER OR DEEMING MONEY DEPOSIT FORFEITED IN WHICH CASE AUCTIONEER MAY RESELL WITHOUT NOTICE AT PUBLIC SALE OR OTHERWISE DISPOSE OF GOODS AT RISK AND EXPENSE OF PURCHASER. PURCHASER SHALL REMAIN LIABLE FOR LOSS, EXPENSE AND DAMAGES ARISING FROM THE PURCHASER’S DEFAULT. <br>
<br>
27. ALL ITEMS MUST BE REMOVED FROM THE BUILDINGS ON THE DAY OF THE AUCTION UNLESS PRIOR ARRANGEMENTS IS MADE WITH ALEXANDER AUCTIONS.<br>
<br>
28. NO SHIPPING WILL BE PROVIDED. ALEXANDER AUCTIONS WILL ASSIST ON-LINE BIDDERS TO PICKUP THEIR ITEM(S). ALL ITEMS SHALL BE REMOVED THE DAY OF AUCTION. ALEXANDER AUCTIONS WILL MEET WITH ON-LINE BIDDER’S HAULERS AND RIGGERS BY APPOINTMENT. ALL ITEMS MUST BE REMOVED BEFORE AUGUST 15TH, 2016 BY 5:00 P.M.<br>
<br>
29. ANY ITEMS LEFT TO BE PICKED UP LATER WILL BE LEFT AT THE RISK OF THE PURCHASER.<br>
<br>
30. ALEXANDER AUCTIONS AND SELLER WILL FURNISH LABOR TO LOAD THE ITEMS. PURCHASER OR HAULERS MUST DO ALL WRAPPING AND PACKING OF FURNITURE, EQUIPMENT OR PERSONAL PROPERTY.<br>
<br>
31. ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE SELLER DO NOT AND WILL NOT BE RESPONSIBLE FOR OR FURNISH ANY SECURITY FOR ITEMS AFTER THE FALL OF THE HAMMER.<br>
<br>
32. DISPUTE BETWEEN BIDDERS: IF ANY DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEER MAY DECIDE THE SAME OR MAY IMMEDIATELY PUT THE LOT OR ITEM UP FOR SALE AGAIN, AND RE-SELL TO THE HIGHEST BIDDER. THE DECISION OF THE AUCTIONEER SHALL BE FINAL AND ABSOLUTE.<br>
<br>
33. ADDITION TO OR WITHDRAWAL FROM SALE: THE AUCTIONEER RESERVES THE RIGHT TO WITHDRAW FROM SALE ANY OF THE ITEMS; TO SELL AT THIS AUCTION ITEMS NOT LISTED; TO GROUP ONE OR MORE LOTS INTO ONE OR MORE SELLING LOTS OR TO SUBDIVIDE INTO TWO OR MORE SELLING LOTS. THE AUCTIONEER ALSO RESERVES THE RIGHT TO SELL ALL OF THE ITEMS LISTED IN BULK.<br>
<br>
34. OWNERSHIP: ALL ITEMS BECOME THE SOLE RESPONSIBILITY OF THE PURCHASER IMMEDIATELY AT KNOCKDOWN. NO REFUNDS OR ADJUSTMENTS WILL BE ALLOWED FOR ANY SHORTAGES. IF YOU BELIEVE YOU ARE ENTITLED TO AN ADJUSTMENT TO YOUR INVOICE DUE TO MISSING OR DAMAGES ITEM(S), YOU, YOUR MOVER OR YOUR RIGGER MUST REPORT THE PROBLEM TO OUR ON-SITE SUPERVISOR PRIOR TO SETTLEMENT AND THE ITEMS LEAVING THE PROPERTY. ONCE THE ITEM HAS LEFT THE PROPERTY, THERE WILL BE NO ADJUSTMENTS. WHEN YOU HIRE A MOVER/RIGGER, THE MOVER/RIGGER IS ACTING AS YOUR AGENT. WE WILL NOT ACCEPT THAT THE MOVER/RIGGER DID NOT NOTIFY YOU OF A MISSING OR DAMAGED ITEM(S) OR THAT IT WAS DISCOVERED THAT AN ITEM(S) WAS MISSING OR DAMAGED WHEN YOUR PURCHASES WERE DELIVERED TO YOUR FACILITY. ALL BIDDERS AND MOVERS/RIGGERS MUST BE AWARE OF THIS POLICY! IF FOR ANY REASON WHATSOEVER A PROPERTY AS BID CANNOT BE DELIVERED WITHIN THAT PERIOD OF TIME OF DELIVERY PROVIDED FOR AT THE SALE FOR ANY REASON WHATSOEVER, THE BUYER EXPRESSLY WAIVES LIABILITY ON THE PART OF ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND FURTHER AGREES THAT ANY OBLIGATION WITH RESPECT THERETO SHALL BE LIMITED TO THE BID AND PAID FOR SAID PROPERTY (ASSETS).<br>
<br>
35. ABANDONMENT: PURCHASERS WILL NOT BE ALLOWED TO ABANDON ANY PURCHASES OR PORTION OF THOSE PURCHASES. <br>
<br>
36. NON-DELIVERY RESPONSIBILITY: AUCTIONEER SHALL NOT, IN ANY EVENT, BE LIABLE FOR NON-REMOVAL OR FOR ANY OTHER MATTER, TO ANY PURCHASER OF ANY LOT.<br>
<br>
37. PERSONAL AND PROPERTY RISK: PERSONS ATTENDING DURING EXHIBITION, SALE OR REMOVAL OF GOODS ASSUME ALL RISKS OF DAMAGE OF OR LOSS TO PERSON AND PROPERTY AND SPECIFICALLY RELEASE AND INDEMNIFY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER FROM LIABILITY THEREFORE. NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER NOR HIS PRINCIPAL OR SELLER SHALL BE LIABLE BY REASON OF ANY DEFECT IN OR CONDITION OF THE PREMISES IN WHICH THE SALE IS HELD.<br>
<br>
38. RECORDS: THE RECORD OF SALE KEPT BY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND BOOKKEEPER WILL BE TAKEN AS FINAL IN THE EVENT OF ANY DISPUTE.<br>
<br>
39. NOMINAL BIDS: ANY BID WHICH IS MERELY A NOMINAL OR FRACTIONAL ADVANCE MAY BE REJECTED BY THE AUCTIONEER, IF IN HIS JUDGMENT IT MAY AFFECT THE SALE NEGATIVELY.<br>
<br>
40. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL ATTEMPT TO CALL OUT VISIBLE DAMAGE OR DAMAGE THAT CAN BE EASILY OBSERVED BEFORE THE ITEM IS SOLD. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION, AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION.<br>
<br>
41. LITIGATION: IN ANY LITIGATION BROUGHT TO ENFORCE ANY OF THE TERMS OF THIS AGREEMENT, THE SUCCESSFUL PARTY SHALL BE ENTITLED TO RECOVER, IN ADDITION TO OTHER DAMAGES, HIS ATTORNEY’S FEES AND COURT COSTS INCURRED IN SAID LITIGATION. ANY LITIGATION BROUGHT SHALL BE HELD IN THE COURTS IN WEAKLEY COUNTY, TENNESSEE.<br>
<br>
42. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY PILFERING OR TAKING OF ANY ITEM OR THEFT OF ANY ITEM. ANY WRONGDOING WILL BE PROSECUTED TO THE FULLEST OF THE LAW.<br>
<br>
43. INDEPENDENT CONTRACTOR: ALEXANDER AUCTIONS AND THE AUCTIONEER IS ACTING AS AN INDEPENDENT CONTRACTOR ONLY AND IS NOT RESPONSIBLE FOR THE ACTS OF ITS PRINCIPALS OR SELLERS.<br>
<br>
44. ADDITIONAL TERMS AND CONDITIONS: THE AUCTIONEER MAY ADD OTHER TERMS AND CONDITIONS OF SALE, SUCH ADDITIONAL TERMS AND CONDITIONS TO BE ANNOUNCED PRIOR TO THE AUCTION.<br>
<br>
45. THE BUYER: DOES HEREBY ASSUME AND DOES AGREE TO INDEMNIFY AND HOLD ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND SELLER HARMLESS FROM ANY FUTURE CLAIM WHICH SHALL PERTAIN TO THE FITNESS OR USE OF THAT ASSET AS BEING PURCHASED.<br>
<br>
46. ADDITIONAL TERMS AND CONDITIONS: REFER TO ADDITIONAL PAYMENT TERMS AND REMOVAL TERMS. ADDITIONAL TERMS OR CONDITIONS OF SALE MAY BE ADDED BY AUCTIONEER BY ANNOUNCEMENT OR POSTED ON THE PREMISES PRIOR TO THE AUCTION.<br>
<br>
47. CONDUCT OF AUCTION: ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER RESERVES THE RIGHT, WITHOUT GIVING ANY REASON, TO PUT UP ITEMS OUT OF NUMERICAL SEQUENCE AND TO WITHDRAW ANY ITEM, ITEMS, OR LOT FROM THE AUCTION.<br>
<br>
48. PURCHASER SHALL BE RESPONSIBLE FOR THE PACKING AND TRANSPORTATION OF THEIR ITEMS. ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT FURNISH HELP TO LOAD OR MOVE ITEMS. IN THE EVENT AN EMPLOYEE OF ALEXANDER AUCTIONS & REAL ESTATE SALES SHOULD ASSIST IN THE MOVING OR LOADING OF AN ITEM, ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR ACCIDENT THAT MAY OCCUR TO THE ITEM OR PERSON THEY ARE ASSISTING.<br>
<br>
49. ALL PERSONAL PROPERTY, EQUIPMENT, MISCELLANEOUS, AND OTHER ITEMS ARE SOLD “AS IS” WITHOUT A WARRANTY OR GUARANTEE MADE, EXPRESSED OR IMPLIED AS TO THE CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OR A PARTICULAR USE. <br>
<br>
50. ALL BUYERS ACKNOWLEDGE AND ACCEPT BY SIGNATURE THESE TERMS AND CONDITIONS PROVIDED AT TIME OF REGISTRATION BY REGISTERING FOR A NUMBER. <br>
<br>
51. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS<br>
<br>
WE APPRECIATE YOUR ATTENDING THIS AUCTION AND WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.<br>
<br>
Alexander<br>
AUCTIONS & REAL ESTATE SALES<br>
MARVIN E. ALEXANDER CAI, Auctioneer TL9, FL 107 AR 2360<br>
239 University Street &#61566; P. O. Box 129<br>
MARTIN, TN 38237 &#61566; (731) 587-4244 ~ Cell: (731) 225-7368<br>
See Our Website: www.alexanderauctions.com<br>
<br>
STORAGEpublicAUCTIONTermsFurniture Gallery On-Line Only Terms 8-9-16.doc<br>
<br>
<br>
<br>
SPECIFIC ON-LINE BIDDING TERMS & CONDITIONS<br>
BIDDING STARTS AUGUST 3RD AND ENDS AUGUST 9TH, 2016 ~ 6 P.M.<br>
<br>
ITEMS SELL SUBJECT TO THESE SPECIFIC ON-LINE TERMS AND THE GENERAL ON-LINE AND LIVE AUCTIONS TERMS.<br>
<br>
1. TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER MAKES ANY EXPRESSED OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. <br>
<br>
2. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PARTICULAR USE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. <br>
<br>
3. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE AUCTION OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. <br>
<br>
4. THE FURNITURE GALLERY BUILDING HAD A FIRE IN ONE AREA OF THE BUILDING WHICH CAUSED SMOKE TO BE IN THE BUILDING. THE INSURANCE COMPANY HAS SETTLED WITH THE OWNERS AND IS LIQUIDATING THE INVENTORY.<br>
<br>
5. ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER.<br>
<br>
6. ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.<br>
<br>
7. THERE IS A 5 MINUTE EXTENDED BIDDING PERIOD IF BIDS ARE PLACED ON A LOT WITHIN THE LAST 5 MINUTES OF THE AUCTION. BIDDING ON THAT LOT WILL EXTEND FOR ANOTHER 5 MINUTES UNTIL NO MORE BIDS ARE MADE IN THE LAST TEN MINUTES.<br>
<br>
<br>
8. THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER’S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.<br>
<br>
9. IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL BUYER’S PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.<br>
<br>
10. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASONS.<br>
<br>
11. THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER’S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.<br>
<br>
12. ALL PROPERTY IS SOLD “AS IS”. IT IS THE BIDDER’S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED. THERE SHALL BE NO RETURNS OR EXCHANGES. <br>
<br>
13. BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH ARE SET FORTH BY ALEXANDER AUCTIONS & REAL ESTATE SALES AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THESE TERMS AND CONDITIONS.<br>
<br>
14. ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER. NO SALES CAN BE CANCELLED. NO ITEMS CAN BE RETURNED. <br>
<br>
15. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.<br>
<br>
16. TIME SHALL BE OF THE ESSENCE.<br>
<br>
17. THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEY’S FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER.<br>
<br>
<br>
18. VENUE & JURISDICTION OF ALL DISPUTES, ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE STATE COURT OF WEAKLEY COUNTY, TENNESSEE.<br>
<br>
19. CHOICE OF LAW: THE LAW OF THE STATE OF TENNESSEE SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE.<br>
<br>
20. BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER’S PARTICIPATION IN THIS AUCTION.<br>
<br>
21. DISCLAIMER OR WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR PARTICULAR USE.<br>
<br>
22. NO SHIPPING WILL BE DONE – PURCHASES MUST BE PICKED UP AT 629 MOULTRIE DRIVE, BLYTHEVILLE, AR 72315 AFTER AUCTION. BUILDING MUST BE VACATED BEFORE AUGUST 15TH, 2016. REMOVAL DATE WILL NOT BE EXTENDED.<br>
<br>
23. PRE REGISTER ON-LINE AT WWW.ALEXANDERAUCTIONS.COM. WHEN YOU REGISTER YOU ARE AGREEING TO THESE TERMS.<br>
<br>
24. BIDDING: EXECUTE YOUR BIDS AT WWW.ALEXANDERAUCTIONS.COM. ALL BIDS MUST BE RAISED IN INCREMENTS. BIDS CANNOT BE RETRACTED. WHEN YOU PLACE A BID, THE BIDDER IS LEGALLY OBLIGATED TO PURCHASE THE ITEM IF THEIR BID IS THE SUCCESSFUL HIGH AMOUNT. BIDDERS MAY PLACE A “MAX BID” ON ANY ITEM, MEANING YOUR BID WILL BE AUTOMATICALLY RAISED TO THE NEXT INCREMENT WHEN NEEDED. <br>
<br>
25. BID INCREMENTS: UP TO $50.00 - $1.00<br>
$51.00 UP TO $100.00 - $2.50<br>
$101.00 UP TO $200 - $5.00<br>
$201.00 UP TO $500 - $10.00<br>
$501.00 AND UP - $25.00<br>
<br>
26. ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE BID INCREMENTS BEFORE OR DURING THE AUCTION DUE TO SITUATIONS THAT ARISE OR FOR NO SPECIFIC REASON WHATSOEVER.<br>
<br>
26. BUYER’S PREMIUM <br>
<br>
a. 10% BUYER’S PREMIUM ADDED TO FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, OR WIRE TRANSFER. <br>
<br>
b. 13% BUYER’S PREMIUM ADDED TO THE FINAL BID OF EACH ITEM PAID FOR BY VISA AND MASTERCARD ONLY. <br>
<br>
27. SALES TAX WILL BE COLLECTED IN THIS AUCTION. SALES TAX IS 10%.<br>
<br>
28. ALEXANDER AUCTIONS RETAINS THE RIGHT TO WITHDRAW OR REGROUP ITEMS IN THE AUCTION.<br>
<br>
29. ALL ITEMS IN USED CONDITION AND BEING SOLD “AS IS” “WHERE IS” AND WITHOUT RECOURSE AND WITH NO WARRANTY, GUARANTY AS TO OPERATING CONDITION, PHYSICAL CONDITION FOR A PARTICULAR PURPOSE OR FITNESS FOR USE. YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND AND BE SATISFIED WITH THEIR CONDITION. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE OR PARTICULAR USE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THERE FROM. <br>
<br>
30. ITEMS SOLD IN BOX LOTS ARE NOT GUARANTEED TO BE PREFECT. MAKE ALL BIDS KNOWING THAT ITEMS MAY BE CHIPPED, DAMAGED AND NOT IN WORKING ORDER.<br>
<br>
31. BIDDERS WHO BID OFF-SITE OR PREVIEW 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 AND PLACE THEIR BID ACCORDINGLY.<br>
<br>
32. THE PURCHASER DOES HEREBY ACKNOWLEDGE THAT THE SUBJECT PROPERTY IS PURCHASED AT PUBLIC AUCTION AND THAT A PREREQUISITE TO BIDDING IS THAT ALL PROPERTY, WHETHER REAL OR PERSONAL, IS PURCHASED ABSOLUTELY “AS IS” WITH NO WARRANTY WHATSOEVER AS TO THE CONDITION OF THE SAME.<br>
<br>
33. PAYMENT: ALL PURCHASES MUST BE PAID FOR ON SALE DAY. YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION UNLESS ALEXANDER HAS APPROVED YOU TO SEND A CHECK, INCLUDING CASHIERS CHECK OR WIRE TRANSFER. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE TO ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES IN ADVANCE. <br>
<br>
34. INDEMNIFICATION: PURCHASER SHALL DEFEND AND INDEMNIFY AND HOLD AUCTIONEER AND SELLER HARMLESS FROM AND AGAINST ALL CLAIMS AND LIABILITIES RELATING TO THE CONDITION OF, REMOVAL OF, OR USE OF THE ARTICLES PURCHASED OR FAILURE OF USER TO FOLLOW INSTRUCTIONS, WARNINGS OR RECOMMENDATIONS OF THE MANUFACTURER, OR TO COMPLY WITH FEDERAL, STATE, AND LOCAL LAWS APPLICABLE TO SUCH ARTICLES, INCLUDING OSHA REQUIREMENTS, AND ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES, COSTS OR LEGAL EXPENSES ARISING THERE FROM.<br>
<br>
35. INDEPENDENT CONTRACTOR: THE AUCTIONEER IS ACTING AS AN INDEPENDENT CONTRACTOR ONLY AND IS NOT RESPONSIBLE FOR THE ACTS OF ITS PRINCIPALS OR SELLERS.<br>
<br>
36. RECORDS: THE RECORD OF SALE KEPT BY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND BOOKKEEPER WILL BE TAKEN AS FINAL IN THE EVENT OF ANY DISPUTE.<br>
<br>
37. NOMINAL BIDS: ANY BID WHICH IS MERELY A NOMINAL OR FRACTIONAL ADVANCE MAY BE REJECTED BY THE AUCTIONEER, IF IN HIS JUDGMENT IT MAY AFFECT THE SALE NEGATIVELY.<br>
<br>
38. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE. <br>
<br>
AUCTION - REMOVAL TERMS<br>
<br>
REMOVAL:<br>
<br>
1. NO SHIPPING OR PACKING WILL BE DONE – ITEMS MUST BE PICKED UP BY PURCHASER AT 629 MOULTRIE DRIVE, BLYTHEVILLE, AR 72315.<br>
<br>
2. REMOVAL OF ITEMS: ITEMS MUST BE REMOVED BEFORE MONDAY, AUGUST 15TH, 2016 BY 5:00 P.M. NO VARIANCE.<br>
<br>
3. SELLER WILL LOAD THE ITEMS ONTO THE PURCHASERS TRUCK OR TRAILER. PURCHASER IS RESPONSIBLE FOR PACKING AND TRANSPORTATION. <br>
<br>
4. THE BUYER SHALL REMAIN RESPONSIBLE FOR EXPENSE OF REMOVAL AND DAMAGES IF THEY EMPLOY SOMEONE TO REMOVE EQUIPMENT OR ITEMS.<br>
<br>
5. BUYER(S) SHALL BE RESPONSIBLE AND LIABLE FOR ALL OF THEIR ACTIONS AND THEIR EMPLOYEES AUCTIONS FOR DISMANTLING AND REMOVING ALL PERSONAL PROPERTY FROM THE PROPERTY.<br>
<br>
6. BUYER(S) SHALL BE RESPONSIBLE FOR THEIR OWN LIABILITY INSURANCE AND CASUALTY INSURANCE FOR THEMSELVES AND THEIR EMPLOYEES AND AGREE TO HOLD HARMLESS ALEXANDER AUCTIONS & REAL ESTATE SALES, THE OWNER, AND THE SELLER.<br>
<br>
7. THE AUCTION COMPANY WILL NOT BE RESPONSIBLE FOR ITEMS THAT ARE NOT REMOVED WITHIN THE TIME PERIOD ALLOWED. ANY ITEM NOT REMOVED ON TIME WILL BE DEEMED ABANDONED. PURCHASER ACCEPTS FULL RESPONSIBILITY FOR ALL COSTS INCURRED BY AUCTION COMPANY FOR REMOVAL AND/OR DISPOSAL OF ABANDONED MERCHANDISE.<br>
<br>
<br>
<br>
Alexander <br>
AUCTIONS & REAL ESTATE SALES<br>
MARVIN E. ALEXANDER CAI, Auctioneer TL9, FL 107<br>
239 University Street * P O Box 129, MARTIN, TN 38237 * (731) 587-4244<br>
See Our Website: www.alexanderauctions.com<br>
<br>
Explanation of Ways to Bid:<br>
Maximum Bid: the maximum amount you are willing to pay for a lot. The price will only increase by the minimum increment, but will automatically rises to your maximum bid as others bid up the lot over time.<br>
'Jumping the Bid' is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (placing your bid at $150 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price. This prevents someone else from bidding your max bid first. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a 'jumped' bid with no other competing bids.
629 MOULTRIE DRIVE<br>
BLYTHEVILLE, AR 72315<br>
<br>
ALEXANDER AUCTIONS & REAL ESTATE SALES HAS BEEN COMMISSIONED DONNA SHIPLEY/REED RILEY, OWNERS D/B/A AS THE FURNITURE GALLERY & QBE, CLAIM #395750N TO SELL THE INVENTORY OF THE FURNITURE GALLERY AT PUBLIC AUCTION.<br>
<br>
THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHMENT, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF SALE FROM THE AUCTION BLOCK. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT OR REPRESENTED BY AN AGENT OR ABSENTEE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.<br>
<br>
TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES, & THE AUCTIONEER, MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM.<br>
<br>
CONDITIONS OF ITEMS SOLD: ALL INFORMATION IS BELIEVED TO BE ACCURATE, BUT THE AUCTIONEER SHALL NOT BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, AUTHENTICITY, GENUINENESS OF OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO ALLOWANCES WILL BE MADE OR SALE SET ASIDE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGUING OR ANY IMPERFECTION NOT NOTED. NO DEDUCTION WILL BE ALLOWED ON DAMAGED ARTICLES AS ALL GOODS BEING EXPOSED FOR PUBLIC EXHIBITION ARE SOLD 'AS IS” AND WITHOUT RECOURSE.<br>
<br>
1. NO FURNITURE, INVENTORY OR EQUIPMENT WILL SELL WITH A MANUFACTURE WARRANTY.<br>
<br>
2. THERE WILL BE A 10% BUYER’S PREMIUM ADDED TO THE FINAL BID TO REACH THE TOTAL SELLING PRICE OF EACH ITEM. <br>
<br>
3. CREDIT CARD PAYMENT WILL NOT BE ACCEPTED FOR PAYMENTS OVER $2,000.00.<br>
<br>
4. AMOUNTS OVER $2,000.00 REQUIRE CASH, WIRE TRANSFER OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE MADE TO ALEXANDER AUCTIONS & REAL ESTATE SALES.<br>
<br>
5. IF PAYMENT IS MADE BY MASTERCARD OR VISA CREDIT CARD, THERE WILL BE A 13% BUYER’S PREMIUM ADDED TO THE FINAL BID TO REACH THE TOTAL SELLING PRICE OF EACH ITEM.<br>
<br>
6. ALL BUYERS ACKNOWLEDGE AND ACCEPT BY SIGNATURE THESE TERMS AND CONDITIONS PROVIDED AT TIME OF REGISTRATION BY REGISTERING FOR A BID NUMBER.<br>
<br>
7. ALEXANDER AUCTIONS & REAL ESTATE SALES MAKES NO REPRESENTATION OR WARRANTY AS TO THE AUTHENTICITY OF ANY OF THE FURNITURE, EQUIPMENT, SUPPLIES, INVENTORY, AND OTHER PERSONAL PROPERTY IN THE AUCTION.<br>
<br>
8. ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE SELLERS MAKE A DISCLOSURE THAT THERE WAS A FIRE IN ONE AREA OF THE BUILDING. THE FIRE CAUSED SMOKE TO BE IN THE BUILDING, THEREFORE THE INSURANCE COMPANY HAS PAID THE OWNER’S CLAIM AND ALEXANDER AUCTIONS HAS BEEN COMMISSIONED TO SELL ALL INVENTORY.<br>
<br>
9. PRE-AUCTION BIDDERS AND INTERNET BUYERS: YOU MUST PROVIDE A VALID MAJOR CREDIT CARD (MC/VISA) IN ORDER TO REGISTER AND BID. THE CARD INFORMATION IS KEPT AS A SECURITY TO ENSURE THAT ITEMS PURCHASED ARE PAID FOR. <br>
<br>
10. PRE-AUCTION BIDS PLACED FOR THE LIVE AUCTIONS WILL BE DOWNLOADED INTO OUR SOFTWARE SYSTEM AND EXECUTED AT THE LIVE AUCTION. NO ITEMS IN THE LIVE AUCTIONS WILL BE SOLD BEFORE THE LIVE AUCTION. ALL SALES WILL BE FINAL AT THE LIVE AUCTION WHEN THE AUCTIONEER DECLARES THE ITEM(S) SOLD AT THE FALL OF THE HAMMER.<br>
<br>
11. LIVE AUCTION BIDS: ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT AND DOES ACCEPT ABSENTEE BIDS FROM INDIVIDUALS AND WILL ATTEMPT TO EXECUTE THESE BIDS. ITEMS WILL BE SOLD TO SAID INDIVIDUALS PROVIDED THEY ARE THE HIGH BIDDER. IF ANYONE WOULD LIKE TO LEAVE AN ABSENTEE BID ON ANY ITEM, GO BY THE CASHIER'S DESK, SIGN A FORM, AND LEAVE PAYMENT. YOUR BID WILL BE EXECUTED. IN THE EVENT YOU ARE NOT THE SUCCESSFUL BIDDER, YOUR MONEY WILL BE REFUNDED. ALEXANDER AUCTIONS SHALL NOT HAVE ANY LIABILITY IF YOUR BID IS NOT ENTERED.<br>
<br>
12. BIDDERS WHO BID FROM OFF SITE AND ARE NOT PRESENT AT THE LIVE AUCTION OR PREVIEW 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. ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL ENDEAVOR TO DESCRIBE IN DETAIL EACH ITEM AND ANY PERTINENT INFORMATION ABOUT IT. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE DESCRIPTIONS OF THE MERCHANDISE UNLESS IT IS A MATERIAL AND INTENTIONAL MISREPRESENTATION OF THE ITEM ITSELF. BIDDER AGREES THAT EVERYTHING IS SOLD “AS IS” AND THEY MAY NOT RETURN ANY ITEM THEY PURCHASE.<br>
<br>
13. ALEXANDER AUCTIONS & REAL ESTATE SALES IS PROVIDING INTERNET PRE-AUCTION BIDDING AS A SERVICE TO BIDDERS. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY AT TIMES. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING A LIVE AUCTION. <br>
<br>
14. PRE-AUCTION ABSENTEE ON-LINE BIDDING IS AVAILABLE THROUGH ALEXANDER AUCTIONS & REAL ESTATE SALES WEBSITE (www.alexanderauctions.com) ON SELECTED ITEMS. TO BID ON ANY ITEMS, YOU MUST BE REGISTERED FOR THE AUCTION.<br>
<br>
15. PRE-AUCTION BIDS FOR THE LIVE AUCTIONS ARE ENTERED AT THE LIVE AUCTION. NO SALE IS CLOSED UNTIL THE ITEM IS SOLD AT THE FALL OF THE HAMMER BY THE AUCTIONEER AT THE LIVE AUCTION.<br>
<br>
16. DUE TO UNCERTAINTIES OF BIDDING. A LOT MAY SELL TO THE AUDIENCE FOR THE SAME AMOUNT AS AN INTERNET BIDDER. IN CASE OF A TIE BID, THE ITEM WILL BE SOLD TO THE BIDDER ON SITE AT THE LIVE AUCTION. THE AUCTIONEER’S DECISION SHALL BE BINDING AND FINAL.<br>
<br>
17. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS OR UNEXECUTED BIDS FROM ANY SOURCE. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS. <br>
<br>
18. ALL PURCHASES TO BE PAID FOR IN CASH, CASHIERS CHECK, CERTIFIED FUNDS OR PERSONAL CHECK WITH CURRENT BANK LETTER OF GUARANTEE TO ALEXANDER AUCTIONS & REAL ESTATE SALES REQUIRED BY ALL PERSONS NOT PERSONALLY KNOWN BY AUCTION COMPANY. <br>
<br>
19. PAYMENT: ALL PURCHASES MUST BE PAID FOR ON SALE DAY. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY THE SELLER. ALL PROSPECTIVE BIDDERS ARE REQUIRED TO PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS.<br>
<br>
20. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY EXCUSES FOR A CHECK THAT DOES NOT CLEAR. PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY.<br>
<br>
21. COMPLIANCE WITH THE TERMS OF SALE – IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME ANNOUNCED FOR THIS AUCTION THE AUCTIONEER IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW, MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. LOTS NOT PAID FOR WITHIN THE TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE WITHOUT FURTHER NOTICE. ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSES AND COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH. THE FAILURE OR DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR CHARGES AS INCURRED TO EFFECT THE RESALE OF THAT PROPERTY AT PRIVATE OR PUBLIC SALE. THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYER ONCE A DEFAULT HAS OCCURRED. THE OBLIGATION OF THE BUYER SHALL BE FOR COSTS AS INCURRED, PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT.<br>
<br>
22. SALES TAX: SALES TAX WILL BE REQUIRED ON PURCHASES. AR SALES TAX IS 10 %.<br>
<br>
23. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION, AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION.<br>
<br>
24. ALL SALES ARE FINAL. ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE FALL OF THE HAMMER. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT ACCEPT ANY MERCHANDISE BACK BECAUSE YOU HAVE DECIDED THAT YOU DO NOT WANT IT OR YOU MAY DECIDE YOU HAVE OVERPAID FOR IT. IF YOU PURCHASE AN ITEM AND LEAVE AND DO NOT PAY FOR IT, THEN WE WILL PROCEED TO COLLECT FOR THE ITEM IN A LEGAL MANNER.<br>
<br>
25. CONFIRMATION OF PURCHASE: TITLE TO THE PROPERTY SHALL PASS TO THE BUYER UPON THE FALL OF THE AUCTIONEER'S HAMMER AT THE LIVE AUCTION, SUBJECT TO THE COMPLIANCE BY THE BUYER OF THE CONDITIONS OF SALE. BUYER ASSUMES ALL RESPONSIBILITY FOR THE ITEM OR ITEMS AFTER THE FALL OF THE HAMMER AND SHALL PAY THE TOTAL PURCHASE PRICE.<br>
<br>
26. REMOVAL OF PROPERTY OR STORAGE: NONE OF THE PROPERTY MAY BE REMOVED FROM THE PREMISES UNTIL THE TOTAL PURCHASE PRICE HAS BEEN PAID. ANY ITEMS LEFT AND NOT REMOVED FROM THE PREMISES REMAIN AT THE SOLE RISK OF THE BUYER. REMOVAL SHALL BE AT THE EXPENSE, LIABILITY, AND RISK OF THE PURCHASER. PURCHASES CAN BE REMOVED ONLY ON PRESENTATION OF ORIGINAL BILL OF SALE. PHOTOSTATS OF BILLS OF SALE WILL NOT BE ACCEPTED FOR REMOVAL. UPON FAILURE OF PURCHASER TO REMOVE GOODS WITHIN TIME SPECIFIED AS POSTED OR ANNOUNCED, AUCTIONEER SHALL HAVE THE OPTION OF REMOVING AND STORING THE GOODS AT EXPENSE AND RISK OF THE PURCHASER OR DEEMING MONEY DEPOSIT FORFEITED IN WHICH CASE AUCTIONEER MAY RESELL WITHOUT NOTICE AT PUBLIC SALE OR OTHERWISE DISPOSE OF GOODS AT RISK AND EXPENSE OF PURCHASER. PURCHASER SHALL REMAIN LIABLE FOR LOSS, EXPENSE AND DAMAGES ARISING FROM THE PURCHASER’S DEFAULT. <br>
<br>
27. ALL ITEMS MUST BE REMOVED FROM THE BUILDINGS ON THE DAY OF THE AUCTION UNLESS PRIOR ARRANGEMENTS IS MADE WITH ALEXANDER AUCTIONS.<br>
<br>
28. NO SHIPPING WILL BE PROVIDED. ALEXANDER AUCTIONS WILL ASSIST ON-LINE BIDDERS TO PICKUP THEIR ITEM(S). ALL ITEMS SHALL BE REMOVED THE DAY OF AUCTION. ALEXANDER AUCTIONS WILL MEET WITH ON-LINE BIDDER’S HAULERS AND RIGGERS BY APPOINTMENT. ALL ITEMS MUST BE REMOVED BEFORE AUGUST 15TH, 2016 BY 5:00 P.M.<br>
<br>
29. ANY ITEMS LEFT TO BE PICKED UP LATER WILL BE LEFT AT THE RISK OF THE PURCHASER.<br>
<br>
30. ALEXANDER AUCTIONS AND SELLER WILL FURNISH LABOR TO LOAD THE ITEMS. PURCHASER OR HAULERS MUST DO ALL WRAPPING AND PACKING OF FURNITURE, EQUIPMENT OR PERSONAL PROPERTY.<br>
<br>
31. ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE SELLER DO NOT AND WILL NOT BE RESPONSIBLE FOR OR FURNISH ANY SECURITY FOR ITEMS AFTER THE FALL OF THE HAMMER.<br>
<br>
32. DISPUTE BETWEEN BIDDERS: IF ANY DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEER MAY DECIDE THE SAME OR MAY IMMEDIATELY PUT THE LOT OR ITEM UP FOR SALE AGAIN, AND RE-SELL TO THE HIGHEST BIDDER. THE DECISION OF THE AUCTIONEER SHALL BE FINAL AND ABSOLUTE.<br>
<br>
33. ADDITION TO OR WITHDRAWAL FROM SALE: THE AUCTIONEER RESERVES THE RIGHT TO WITHDRAW FROM SALE ANY OF THE ITEMS; TO SELL AT THIS AUCTION ITEMS NOT LISTED; TO GROUP ONE OR MORE LOTS INTO ONE OR MORE SELLING LOTS OR TO SUBDIVIDE INTO TWO OR MORE SELLING LOTS. THE AUCTIONEER ALSO RESERVES THE RIGHT TO SELL ALL OF THE ITEMS LISTED IN BULK.<br>
<br>
34. OWNERSHIP: ALL ITEMS BECOME THE SOLE RESPONSIBILITY OF THE PURCHASER IMMEDIATELY AT KNOCKDOWN. NO REFUNDS OR ADJUSTMENTS WILL BE ALLOWED FOR ANY SHORTAGES. IF YOU BELIEVE YOU ARE ENTITLED TO AN ADJUSTMENT TO YOUR INVOICE DUE TO MISSING OR DAMAGES ITEM(S), YOU, YOUR MOVER OR YOUR RIGGER MUST REPORT THE PROBLEM TO OUR ON-SITE SUPERVISOR PRIOR TO SETTLEMENT AND THE ITEMS LEAVING THE PROPERTY. ONCE THE ITEM HAS LEFT THE PROPERTY, THERE WILL BE NO ADJUSTMENTS. WHEN YOU HIRE A MOVER/RIGGER, THE MOVER/RIGGER IS ACTING AS YOUR AGENT. WE WILL NOT ACCEPT THAT THE MOVER/RIGGER DID NOT NOTIFY YOU OF A MISSING OR DAMAGED ITEM(S) OR THAT IT WAS DISCOVERED THAT AN ITEM(S) WAS MISSING OR DAMAGED WHEN YOUR PURCHASES WERE DELIVERED TO YOUR FACILITY. ALL BIDDERS AND MOVERS/RIGGERS MUST BE AWARE OF THIS POLICY! IF FOR ANY REASON WHATSOEVER A PROPERTY AS BID CANNOT BE DELIVERED WITHIN THAT PERIOD OF TIME OF DELIVERY PROVIDED FOR AT THE SALE FOR ANY REASON WHATSOEVER, THE BUYER EXPRESSLY WAIVES LIABILITY ON THE PART OF ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND FURTHER AGREES THAT ANY OBLIGATION WITH RESPECT THERETO SHALL BE LIMITED TO THE BID AND PAID FOR SAID PROPERTY (ASSETS).<br>
<br>
35. ABANDONMENT: PURCHASERS WILL NOT BE ALLOWED TO ABANDON ANY PURCHASES OR PORTION OF THOSE PURCHASES. <br>
<br>
36. NON-DELIVERY RESPONSIBILITY: AUCTIONEER SHALL NOT, IN ANY EVENT, BE LIABLE FOR NON-REMOVAL OR FOR ANY OTHER MATTER, TO ANY PURCHASER OF ANY LOT.<br>
<br>
37. PERSONAL AND PROPERTY RISK: PERSONS ATTENDING DURING EXHIBITION, SALE OR REMOVAL OF GOODS ASSUME ALL RISKS OF DAMAGE OF OR LOSS TO PERSON AND PROPERTY AND SPECIFICALLY RELEASE AND INDEMNIFY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER FROM LIABILITY THEREFORE. NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER NOR HIS PRINCIPAL OR SELLER SHALL BE LIABLE BY REASON OF ANY DEFECT IN OR CONDITION OF THE PREMISES IN WHICH THE SALE IS HELD.<br>
<br>
38. RECORDS: THE RECORD OF SALE KEPT BY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND BOOKKEEPER WILL BE TAKEN AS FINAL IN THE EVENT OF ANY DISPUTE.<br>
<br>
39. NOMINAL BIDS: ANY BID WHICH IS MERELY A NOMINAL OR FRACTIONAL ADVANCE MAY BE REJECTED BY THE AUCTIONEER, IF IN HIS JUDGMENT IT MAY AFFECT THE SALE NEGATIVELY.<br>
<br>
40. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL ATTEMPT TO CALL OUT VISIBLE DAMAGE OR DAMAGE THAT CAN BE EASILY OBSERVED BEFORE THE ITEM IS SOLD. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION, AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION.<br>
<br>
41. LITIGATION: IN ANY LITIGATION BROUGHT TO ENFORCE ANY OF THE TERMS OF THIS AGREEMENT, THE SUCCESSFUL PARTY SHALL BE ENTITLED TO RECOVER, IN ADDITION TO OTHER DAMAGES, HIS ATTORNEY’S FEES AND COURT COSTS INCURRED IN SAID LITIGATION. ANY LITIGATION BROUGHT SHALL BE HELD IN THE COURTS IN WEAKLEY COUNTY, TENNESSEE.<br>
<br>
42. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY PILFERING OR TAKING OF ANY ITEM OR THEFT OF ANY ITEM. ANY WRONGDOING WILL BE PROSECUTED TO THE FULLEST OF THE LAW.<br>
<br>
43. INDEPENDENT CONTRACTOR: ALEXANDER AUCTIONS AND THE AUCTIONEER IS ACTING AS AN INDEPENDENT CONTRACTOR ONLY AND IS NOT RESPONSIBLE FOR THE ACTS OF ITS PRINCIPALS OR SELLERS.<br>
<br>
44. ADDITIONAL TERMS AND CONDITIONS: THE AUCTIONEER MAY ADD OTHER TERMS AND CONDITIONS OF SALE, SUCH ADDITIONAL TERMS AND CONDITIONS TO BE ANNOUNCED PRIOR TO THE AUCTION.<br>
<br>
45. THE BUYER: DOES HEREBY ASSUME AND DOES AGREE TO INDEMNIFY AND HOLD ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND SELLER HARMLESS FROM ANY FUTURE CLAIM WHICH SHALL PERTAIN TO THE FITNESS OR USE OF THAT ASSET AS BEING PURCHASED.<br>
<br>
46. ADDITIONAL TERMS AND CONDITIONS: REFER TO ADDITIONAL PAYMENT TERMS AND REMOVAL TERMS. ADDITIONAL TERMS OR CONDITIONS OF SALE MAY BE ADDED BY AUCTIONEER BY ANNOUNCEMENT OR POSTED ON THE PREMISES PRIOR TO THE AUCTION.<br>
<br>
47. CONDUCT OF AUCTION: ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER RESERVES THE RIGHT, WITHOUT GIVING ANY REASON, TO PUT UP ITEMS OUT OF NUMERICAL SEQUENCE AND TO WITHDRAW ANY ITEM, ITEMS, OR LOT FROM THE AUCTION.<br>
<br>
48. PURCHASER SHALL BE RESPONSIBLE FOR THE PACKING AND TRANSPORTATION OF THEIR ITEMS. ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT FURNISH HELP TO LOAD OR MOVE ITEMS. IN THE EVENT AN EMPLOYEE OF ALEXANDER AUCTIONS & REAL ESTATE SALES SHOULD ASSIST IN THE MOVING OR LOADING OF AN ITEM, ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR ACCIDENT THAT MAY OCCUR TO THE ITEM OR PERSON THEY ARE ASSISTING.<br>
<br>
49. ALL PERSONAL PROPERTY, EQUIPMENT, MISCELLANEOUS, AND OTHER ITEMS ARE SOLD “AS IS” WITHOUT A WARRANTY OR GUARANTEE MADE, EXPRESSED OR IMPLIED AS TO THE CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OR A PARTICULAR USE. <br>
<br>
50. ALL BUYERS ACKNOWLEDGE AND ACCEPT BY SIGNATURE THESE TERMS AND CONDITIONS PROVIDED AT TIME OF REGISTRATION BY REGISTERING FOR A NUMBER. <br>
<br>
51. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS<br>
<br>
WE APPRECIATE YOUR ATTENDING THIS AUCTION AND WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.<br>
<br>
Alexander<br>
AUCTIONS & REAL ESTATE SALES<br>
MARVIN E. ALEXANDER CAI, Auctioneer TL9, FL 107 AR 2360<br>
239 University Street &#61566; P. O. Box 129<br>
MARTIN, TN 38237 &#61566; (731) 587-4244 ~ Cell: (731) 225-7368<br>
See Our Website: www.alexanderauctions.com<br>
<br>
STORAGEpublicAUCTIONTermsFurniture Gallery On-Line Only Terms 8-9-16.doc<br>
<br>
<br>
<br>
SPECIFIC ON-LINE BIDDING TERMS & CONDITIONS<br>
BIDDING STARTS AUGUST 3RD AND ENDS AUGUST 9TH, 2016 ~ 6 P.M.<br>
<br>
ITEMS SELL SUBJECT TO THESE SPECIFIC ON-LINE TERMS AND THE GENERAL ON-LINE AND LIVE AUCTIONS TERMS.<br>
<br>
1. TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER MAKES ANY EXPRESSED OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. <br>
<br>
2. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PARTICULAR USE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. <br>
<br>
3. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE AUCTION OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. <br>
<br>
4. THE FURNITURE GALLERY BUILDING HAD A FIRE IN ONE AREA OF THE BUILDING WHICH CAUSED SMOKE TO BE IN THE BUILDING. THE INSURANCE COMPANY HAS SETTLED WITH THE OWNERS AND IS LIQUIDATING THE INVENTORY.<br>
<br>
5. ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER.<br>
<br>
6. ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.<br>
<br>
7. THERE IS A 5 MINUTE EXTENDED BIDDING PERIOD IF BIDS ARE PLACED ON A LOT WITHIN THE LAST 5 MINUTES OF THE AUCTION. BIDDING ON THAT LOT WILL EXTEND FOR ANOTHER 5 MINUTES UNTIL NO MORE BIDS ARE MADE IN THE LAST TEN MINUTES.<br>
<br>
<br>
8. THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER’S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES.<br>
<br>
9. IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL BUYER’S PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.<br>
<br>
10. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASONS.<br>
<br>
11. THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. AUCTIONEER’S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.<br>
<br>
12. ALL PROPERTY IS SOLD “AS IS”. IT IS THE BIDDER’S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED. THERE SHALL BE NO RETURNS OR EXCHANGES. <br>
<br>
13. BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH ARE SET FORTH BY ALEXANDER AUCTIONS & REAL ESTATE SALES AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THESE TERMS AND CONDITIONS.<br>
<br>
14. ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER. NO SALES CAN BE CANCELLED. NO ITEMS CAN BE RETURNED. <br>
<br>
15. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.<br>
<br>
16. TIME SHALL BE OF THE ESSENCE.<br>
<br>
17. THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEY’S FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER.<br>
<br>
<br>
18. VENUE & JURISDICTION OF ALL DISPUTES, ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE STATE COURT OF WEAKLEY COUNTY, TENNESSEE.<br>
<br>
19. CHOICE OF LAW: THE LAW OF THE STATE OF TENNESSEE SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE.<br>
<br>
20. BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER’S PARTICIPATION IN THIS AUCTION.<br>
<br>
21. DISCLAIMER OR WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR PARTICULAR USE.<br>
<br>
22. NO SHIPPING WILL BE DONE – PURCHASES MUST BE PICKED UP AT 629 MOULTRIE DRIVE, BLYTHEVILLE, AR 72315 AFTER AUCTION. BUILDING MUST BE VACATED BEFORE AUGUST 15TH, 2016. REMOVAL DATE WILL NOT BE EXTENDED.<br>
<br>
23. PRE REGISTER ON-LINE AT WWW.ALEXANDERAUCTIONS.COM. WHEN YOU REGISTER YOU ARE AGREEING TO THESE TERMS.<br>
<br>
24. BIDDING: EXECUTE YOUR BIDS AT WWW.ALEXANDERAUCTIONS.COM. ALL BIDS MUST BE RAISED IN INCREMENTS. BIDS CANNOT BE RETRACTED. WHEN YOU PLACE A BID, THE BIDDER IS LEGALLY OBLIGATED TO PURCHASE THE ITEM IF THEIR BID IS THE SUCCESSFUL HIGH AMOUNT. BIDDERS MAY PLACE A “MAX BID” ON ANY ITEM, MEANING YOUR BID WILL BE AUTOMATICALLY RAISED TO THE NEXT INCREMENT WHEN NEEDED. <br>
<br>
25. BID INCREMENTS: UP TO $50.00 - $1.00<br>
$51.00 UP TO $100.00 - $2.50<br>
$101.00 UP TO $200 - $5.00<br>
$201.00 UP TO $500 - $10.00<br>
$501.00 AND UP - $25.00<br>
<br>
26. ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE BID INCREMENTS BEFORE OR DURING THE AUCTION DUE TO SITUATIONS THAT ARISE OR FOR NO SPECIFIC REASON WHATSOEVER.<br>
<br>
26. BUYER’S PREMIUM <br>
<br>
a. 10% BUYER’S PREMIUM ADDED TO FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, OR WIRE TRANSFER. <br>
<br>
b. 13% BUYER’S PREMIUM ADDED TO THE FINAL BID OF EACH ITEM PAID FOR BY VISA AND MASTERCARD ONLY. <br>
<br>
27. SALES TAX WILL BE COLLECTED IN THIS AUCTION. SALES TAX IS 10%.<br>
<br>
28. ALEXANDER AUCTIONS RETAINS THE RIGHT TO WITHDRAW OR REGROUP ITEMS IN THE AUCTION.<br>
<br>
29. ALL ITEMS IN USED CONDITION AND BEING SOLD “AS IS” “WHERE IS” AND WITHOUT RECOURSE AND WITH NO WARRANTY, GUARANTY AS TO OPERATING CONDITION, PHYSICAL CONDITION FOR A PARTICULAR PURPOSE OR FITNESS FOR USE. YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND AND BE SATISFIED WITH THEIR CONDITION. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE OR PARTICULAR USE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THERE FROM. <br>
<br>
30. ITEMS SOLD IN BOX LOTS ARE NOT GUARANTEED TO BE PREFECT. MAKE ALL BIDS KNOWING THAT ITEMS MAY BE CHIPPED, DAMAGED AND NOT IN WORKING ORDER.<br>
<br>
31. BIDDERS WHO BID OFF-SITE OR PREVIEW 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 AND PLACE THEIR BID ACCORDINGLY.<br>
<br>
32. THE PURCHASER DOES HEREBY ACKNOWLEDGE THAT THE SUBJECT PROPERTY IS PURCHASED AT PUBLIC AUCTION AND THAT A PREREQUISITE TO BIDDING IS THAT ALL PROPERTY, WHETHER REAL OR PERSONAL, IS PURCHASED ABSOLUTELY “AS IS” WITH NO WARRANTY WHATSOEVER AS TO THE CONDITION OF THE SAME.<br>
<br>
33. PAYMENT: ALL PURCHASES MUST BE PAID FOR ON SALE DAY. YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION UNLESS ALEXANDER HAS APPROVED YOU TO SEND A CHECK, INCLUDING CASHIERS CHECK OR WIRE TRANSFER. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE BANK LETTER OF GUARANTEE TO ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES IN ADVANCE. <br>
<br>
34. INDEMNIFICATION: PURCHASER SHALL DEFEND AND INDEMNIFY AND HOLD AUCTIONEER AND SELLER HARMLESS FROM AND AGAINST ALL CLAIMS AND LIABILITIES RELATING TO THE CONDITION OF, REMOVAL OF, OR USE OF THE ARTICLES PURCHASED OR FAILURE OF USER TO FOLLOW INSTRUCTIONS, WARNINGS OR RECOMMENDATIONS OF THE MANUFACTURER, OR TO COMPLY WITH FEDERAL, STATE, AND LOCAL LAWS APPLICABLE TO SUCH ARTICLES, INCLUDING OSHA REQUIREMENTS, AND ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES, COSTS OR LEGAL EXPENSES ARISING THERE FROM.<br>
<br>
35. INDEPENDENT CONTRACTOR: THE AUCTIONEER IS ACTING AS AN INDEPENDENT CONTRACTOR ONLY AND IS NOT RESPONSIBLE FOR THE ACTS OF ITS PRINCIPALS OR SELLERS.<br>
<br>
36. RECORDS: THE RECORD OF SALE KEPT BY ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER AND BOOKKEEPER WILL BE TAKEN AS FINAL IN THE EVENT OF ANY DISPUTE.<br>
<br>
37. NOMINAL BIDS: ANY BID WHICH IS MERELY A NOMINAL OR FRACTIONAL ADVANCE MAY BE REJECTED BY THE AUCTIONEER, IF IN HIS JUDGMENT IT MAY AFFECT THE SALE NEGATIVELY.<br>
<br>
38. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE. <br>
<br>
AUCTION - REMOVAL TERMS<br>
<br>
REMOVAL:<br>
<br>
1. NO SHIPPING OR PACKING WILL BE DONE – ITEMS MUST BE PICKED UP BY PURCHASER AT 629 MOULTRIE DRIVE, BLYTHEVILLE, AR 72315.<br>
<br>
2. REMOVAL OF ITEMS: ITEMS MUST BE REMOVED BEFORE MONDAY, AUGUST 15TH, 2016 BY 5:00 P.M. NO VARIANCE.<br>
<br>
3. SELLER WILL LOAD THE ITEMS ONTO THE PURCHASERS TRUCK OR TRAILER. PURCHASER IS RESPONSIBLE FOR PACKING AND TRANSPORTATION. <br>
<br>
4. THE BUYER SHALL REMAIN RESPONSIBLE FOR EXPENSE OF REMOVAL AND DAMAGES IF THEY EMPLOY SOMEONE TO REMOVE EQUIPMENT OR ITEMS.<br>
<br>
5. BUYER(S) SHALL BE RESPONSIBLE AND LIABLE FOR ALL OF THEIR ACTIONS AND THEIR EMPLOYEES AUCTIONS FOR DISMANTLING AND REMOVING ALL PERSONAL PROPERTY FROM THE PROPERTY.<br>
<br>
6. BUYER(S) SHALL BE RESPONSIBLE FOR THEIR OWN LIABILITY INSURANCE AND CASUALTY INSURANCE FOR THEMSELVES AND THEIR EMPLOYEES AND AGREE TO HOLD HARMLESS ALEXANDER AUCTIONS & REAL ESTATE SALES, THE OWNER, AND THE SELLER.<br>
<br>
7. THE AUCTION COMPANY WILL NOT BE RESPONSIBLE FOR ITEMS THAT ARE NOT REMOVED WITHIN THE TIME PERIOD ALLOWED. ANY ITEM NOT REMOVED ON TIME WILL BE DEEMED ABANDONED. PURCHASER ACCEPTS FULL RESPONSIBILITY FOR ALL COSTS INCURRED BY AUCTION COMPANY FOR REMOVAL AND/OR DISPOSAL OF ABANDONED MERCHANDISE.<br>
<br>
<br>
<br>
Alexander <br>
AUCTIONS & REAL ESTATE SALES<br>
MARVIN E. ALEXANDER CAI, Auctioneer TL9, FL 107<br>
239 University Street * P O Box 129, MARTIN, TN 38237 * (731) 587-4244<br>
See Our Website: www.alexanderauctions.com<br>
<br>
Explanation of Ways to Bid:<br>
Maximum Bid: the maximum amount you are willing to pay for a lot. The price will only increase by the minimum increment, but will automatically rises to your maximum bid as others bid up the lot over time.<br>
'Jumping the Bid' is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (placing your bid at $150 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price. This prevents someone else from bidding your max bid first. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a 'jumped' bid with no other competing bids.