Auction Terms & Conditions IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT BID!
By bidding, you are acknowledging agreement with the terms contained herein. Registration is free, quick, and easy. You must be at least 18 years old prior to bidding. Any person who completes the registration is hereinafter referred to as the "bidder", "buyer", "user", "he/she", "you," or "your". You personally guarantee full and complete payment to Blackwell Realty and Auction when due and payable, whether bidding for a business entity, corporation, non-profit or any other organization, another person, or yourself. All bidders are responsible for any and all bids placed using their bidder name and/or password and agree to safeguard same. If a bid is made using your registration, you are personally liable and responsible for payment. If you suspect your bidder name and/or password has been compromised in ANY way, it is your responsibility to promptly notify Blackwell Realty and Auction of same. Blackwell Realty and Auction, blackwellrealtyandauction.com, and its officers, directors, members, and employees, agents, sellers (for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors are collectively hereinafter referred to as the "Auction Co.", "provider(s)", "we," or "us".
We provide various services on this website necessary to conduct online auctions and associated activities. We reserve the right, at our sole discretion, to ban or refuse to provide any or all of these services without notice to any Bidder or Seller whom has failed to comply with the Terms and Conditions of Use, misrepresented themselves or any item consigned, or acted improperly, as determined solely by the Auction Co.
We reserve the right to change the Terms and Conditions of Use without notice to you. You hereby agree it is your responsibility to review these Terms and Conditions of Use to be aware of any modifications.
AS IS / WHERE IS: All items sell "AS IS - WHERE IS, WITH ALL FAULTS" and with no warranty or guarantee of any type expressed or implied for any purpose of use, any condition, any content, weight, dimensions, or completeness of item(s). Buyer agrees that oral representation made by Auction Co. or any of its employees shall not modify these "AS IS - WHERE IS, WITH ALL FAULTS" terms.
No bids may be withdrawn after the auction for any reason. Buyer agrees that written descriptions on website and writings on items in auction are NOT guaranteed and Buyer shall rely entirely on his/her own inspection. All information, descriptions, and photographs provided by Auction Co. are believed to be correct, but Auction Co. and Seller shall have no liability for any errors or omissions. Items being offered at auction are those items in the written description; accompanying photographs are for convenience and locating purposes and do not necessarily include all items shown in photos. If a bidder has questions or concerns about what is in a lot, he/she should ask Auction Co. for clarification prior to bidding.
You acknowledge and agree that the Auction Co. and provider shall not be liable for any demands, claims, and/or damages, whether actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected with any damage, loss, or expense relating to or resulting from your use, possession, and/or purchase of any goods, materials, information, or content through this website. Without limitation, in no event, including a negligent act, shall the Auction Co. and provider be liable to you for demands, claims, and/or damages (whether direct, indirect, incidental, consequential, punitive, or special) resulting from or in any way connected to or related to loss of profits, loss of goodwill, loss or corruption of data, interruption of business, computer or software failure or malfunction, or other malady, arising out of or in any way related to or connected to the items, services, information, and/or content displayed, sold, or offered on this site.
Merchandise ownership transfers to the winning bidder at time of payment and the winning bidder assumes all responsibility and liability for packing, packaging, rigging, pickup/removal, transportation, and loss or damage from that point forth. Under no circumstances will Blackwell Realty and Auction be responsible or liable for any packing, packaging, rigging, pickup/removal, transportation, loss or damage to bidder's items after ownership has transferred to bidder.
Failure by the winning bidder to make payment and comply with the aforementioned terms shall be deemed a default by the bidder and may result in termination of contract and suspension from participation in future auctions until the default is cured. Unpaid invoices which are in default may become subject to Debt Collection fees, Interest Charges, and Reinstatement fees. If the Buyer fails in the performance of winning bidder's obligations, the Auction Co. may exercise such rights and may pursue such remedies as provided by law.
Buyer is responsible for all packing, packaging, loading, rigging, shipping, and transportation of items at his/her sole expense and risk. Buyer shall use care and prudence during the removal process and shall be liable for all damage incurred due to buyer's actions.
You expressly agree that use of this website is entirely at your own risk. You acknowledge that the website may experience interruption, contains errors, omissions, inaccuracies, incomplete or outdated information which are no fault of the Auction Co. You hereby agree to hold harmless and free from any liability Blackwell Realty and Auction, blackwellrealtyandauction.com, its officers, directors, members, and employees, agents, sellers (for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors and further acknowledge that the Auction Co. and providers in no way, shape, or form warrant or guarantee reliability of website, its content, timeliness, display, information, purity and/or integrity of data, connectivity, and/or compatibility with your equipment and software. Under no circumstances will your inability to place a bid become the liability of the Auction Co. or its internet, software, and/or content providers. In the event of dispute between any users of this website, you hereby expressly release the Auction Co. and providers from demands, claims, and/or damages, whether actual or consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE ABOVE, DO NOT BID! By bidding, you are acknowledging agreement with the terms contained herein.
Seller User Terms
Bidder User Terms