Fox Auction Services, LLC, an Arkansas Limited Liability Company (“Auctioneer”), as AGENT FOR SELLER, will offer the property in today’s auction according to the following terms and conditions:
1. At auction, Auctioneer may revise the printed property materials by written supplement and announce revisions to the auction process. Auctioneer may accept or decline any bid, any challenge to any bid or bidding increment, as Auctioneer may determine in its sole discretion. Bidder agrees to the terms and conditions upon registration for sale and agrees to be bound by ALL TERMS AND CONDITIONS. Fox Auction Services, LLC acts as an Agent on behalf of the Seller and Seller only.
2. BIDDER IS BIDDING ON THE PROPERTY IN “AS IS” CONDITION WITH ALL FAULTS INCLUDING BOTH LATENT AND PATENT DEFECTS AND ALL SALES ARE FINAL. Seller and Auctioneer are not making, have not made and expressly disclaim any representations or warranties, express or implied, with respect to any aspect, feature or condition of the Property including, without limitation, the existence of hazardous waste, pr the suitability of Property for Bidder’s intended use. Bidder shall independently verify all information and reports regarding any aspect or feature of the Property provided by Auctioneer. Neither Seller nor Auctioneer guarantee the accuracy of any information or reports provided on the Property. The Property is open to thorough public inspection and making a bid is an acknowledgment that each bidder has had ample opportunity to, and has either inspected or elected not to inspect the Property.
3. Auctioneer reserved the right to withdraw the Property or any portion thereof before the auction.
4. All buyers must present a valid driver's license at registration to receive a bidder number. The bidder must also provide Fox Auction Services, LLC, with a valid phone number and address.
5. Forms of acceptable payment will be cash, check, cashier’s check (with bank note of guarantee), All payments are due at the completion of the auction BEFORE any items are removed.
6. All items are to be removed within twenty-four (24) hours of conclusion of the auction unless other arrangements are made, and all parties agree to these arrangements. If any third party is arranged to remove any items, they MUST provide proof of purchase and original buyer’s number.
7. Fox Auction Services, LLC will not be responsible for any removal of any items. Buyers are solely responsible for the safe and proper removal of any items. Fox Auction Services, LLC will not be responsible for any personal or real property damage to items caused by removal. Fox Auction Services, LLC will not be responsible for any injuries caused by persons or acts of God.
8. Buyers premium (if applicable) will be an additional charge to the last good standing bid. If buyers premium is applicable, Fox Auction Services, LLC, will announce the premium prior to the sale.
9. No titles or transfer of ownership will be given to the Buyer until payment is paid in full to Fox Auction Services, LLC.
10. To the fullest extent permitted by law, Bidder agrees to indemnify, defend and hold harmless Auctioneer, Seller, and their agents, contractors and employees, and hereby releases Auctioneer, Seller and their agents, contractors and employees (including reasonable attorneys’ fees and reasonable attorneys’ fees on appeal) arising out of or in any way connected with this auction or the Property. Neither Auctioneer nor Seller will be liable to Bidder for any damages relating to or arising out of the auction of Property, including direct, indirect, consequential, special or incidental damages.
11. Bidder shall look only to Seller as to all matters regarding the Property and any contract to purchase the Property. Auctioneer shall not be liable in any way if (a) Seller fails or refuses to deliver marketable title at closing or (b) with regard to any feature, condition or aspect of the Property, or lack thereof.
12. In the event Bidder defaults under the terms of this document, Auctioneer, may as its sole remedy cancel the sale, retaining as liquidated damages all payments made by the successful Bidder, including the deposit made by the Bidder. In any action to enforce Bidder’s obligations and/or recover damages pursuant to this Paragraph 12, Auctioneer shall be entitled to recover its reasonable attorneys’ fees, expenses, and costs of suit incurred in such action, including its reasonable attorneys’ fees on appeal.
Thank You- Baley Fox LN# 03007