HISTORIC WHIPPLE COAL COMPANY STORE & CONTENTS AUCTION

SEALED BIDS DUE ON OR BEFORE OCTOBER 17 AT 5:00PM

 

Starts Closing At: Thursday, October 18, 2018 at 2:00 PM EDT

 

Inspection: Sunday, September 30, 2018 at 1:00 PM EDT

AUCTIONEER'S COMMENTS: AN AMAZING HISTORICAL PROPERTY!! THE MUSEUM THAT CURRENTLY OCCUPIES THE STRUCTURE IS A TESTIMONY THAT SERVES TO EDUCATE THE PUBLIC ABOUT THE LOCAL HISTORY OF COAL MINING AND THE FUNCTION AND IMPORTANCE OF THE "COMPANY STORE". THIS WONDERFUL TWO-STORY, FRAME HEXAGONAL/OCTAGONAL FLOOR PLAN BUILDING WAS COMMISSIONED CIRCA 1890 BY COAL BARON JUSTUS COLLINS. THIS PROPERTY IS ONE OF FOUR THAT WERE BUILT IN THIS FASHION, AND IT IS THE ONLY ONE STILL STANDING. THE CONSTRUCTION WAS CUTTING-EDGE FOR THE PERIOD IN WHICH IT WAS DESIGNED. THIS PROPERTY IS FULL OF CHARM AND IS INCOME-PRODUCING. WE SINCERELY HOPE TO FIND A SELLER THAT WILL CHERISH AND MAINTAIN THIS WONDERFUL PIECE OF WEST VIRGINIA AND AMERICAN HISTORY.

Sold subject to seller confirmation
Year Built-ca. 1890
Approx. Total Acreage - 2.5 +/- acres
Approximate total sq. ft. 16,000 +/-
22 total rooms-14 on first floor, 8 on second floor
Rooms on each floor have been converted to bedrooms for residential use
5 bathrooms- 3 full (1 ADA compliant) and 2 half bath (2 ADA compliant).
Commercial Kitchen
Office
Water and sewer
Heat: Natural gas
Full basement
ABOUT THE STRUCTURE.....The hexagonal rotunda shape of the first floor was meticulously planned for various reasons, including directing the path of sound throughout the building. The sound patterns created by the structure enabled the storekeeper to easily hear most conversations, both outside and inside the store. This proved to be a vital tool in the resistance to the formation of union labor within Justus Collins' coal mines, as any such overheard talk of plans to unionize was relayed to Justus Collins. The fact that this store and three others just like it were commissioned by Justus Collins, may have been one reason that no coal mine owned by Justus Collins ever experienced unionized labor, as he was able to stay informed of any union uprisings.
The core of the second story is octagonally planned, and sits off center toward the facade of the first floor. On four alternating sides of the octagon are projections that extend almost as far as the lower story roof. The extension in the rear is longer and almost equals the length of the lower story. The hipped roofs over these projections intersect with the main eight-sided pyramidal roof. The builder added a decorative finial to the apex of each roof.
The foundation is one of the most impressive features of the Whipple Store. The coursed, stone-faced foundation stands approximately eight feet high on the building's west side.The stones are carefully placed and there are raised joints between each. The company clearly hired an experienced mason to lay the foundation. The stone is exposed on each side of the building except the east side where the first floor sits at ground level.
Probably the Whipple Store’s most notable characteristic is its prominent arched opening that leads to the building’s main entrance on the façade. Behind the arch is a spacious vestibule, with the recessed, double-door entrance in the center. A transom window rises from the top of the double doors to the ceiling. Flanking the main door are large display windows and on the two outer edges of the vestibule are single doors that open into the store’s secondary spaces.
Certain aspects of the Whipple Store’s interior are as impressive as the exterior. The doors at the main entrance lead into a vast circular room centered under the second floor octagon. Display shelves line the sides of this room. Surrounding the central space are secondary rooms that meet the outside walls. Access to these rooms is either through the outside doors that flank the main entrance or through doors off the circular space. At the rear of the circle is a counter that was once used for mail service.
Common to all three levels of the building is a manually-operated freight elevator. The elevator shaft is on the west side and extends from the basement to one of the smaller rooms that open off the second floor octagon. The double doors in the foundation open directly into the elevator so that when goods were delivered they could easily be distributed to any level of the building.
The Whipple Store, like other company stores in southern West Virginia, played an extremely important role in a mining community. The coal company with which it was associated the longest, the New River Company, was one of the largest and owned some of the richest resources in West Virginia. The Whipple Store served as an important mercantile center within this region and is one of few company stores that remain in the area that once belonged to the New River Company. The building is architecturally significant not only for its impressive appearance, but also because it is the only one of four identical company stores that stood in the region.
The company store was usually the most prominent building in the town and was typically placed in a central location. Most housed not only a store, but also a post office, doctor’s office, and the company’s business office. Because of its distance from other commercial centers, the coal company store offered a wide variety of merchandise, from food to furniture.
Like other company stores, the Whipple Store was the center of social activity in the busy mining community of Whipple. Miners and their families could purchase a wide variety of merchandise in this single building. Its spacious rooms contained food and day-to-day supplies on the tall shelves that surround the first floor circular space. The floor above served as a furniture showroom. The elevator allow the store manager to efficiently transport furniture and other supplies from the basement delivery doors to the upper floors. Whipple residents could also take care of other business at the post office or company offices. It is likely that a doctor had an office in the building also. Because of its various functions, the company store was the busiest place in town, aside from the mine itself.
The Whipple Store’s significance lies not only in its important function but also in its architectural merit. According to a 1976 New River Company historical publication, there were four identical stores built in the New River area. The Whipple Company Store was probably the last of the four to be built. It is likely that the same contractor built all of the stores. The Whipple Store is the only one of these four stores that is still standing. It may also be the only early 20th century company store that remains in the area. Most of the early stores either burned or were torn down and replaced by brick buildings. The fact that the Whipple Store continued to serve in its original function after the mines closed is quite an achievement. Unlike other store buildings that changed or were razed or abandoned, the Whipple Store offered merchandise from ca. 1900 until the late 1980’s.
Although there were other buildings like it, the Whipple Store design is undeniably impressive. Its size, distinguished roofline, and prominent arch indicate that the original owner, Justus Collins, wanted an impressive building to serve his mining operation. The store stands as an outstanding and representative example of a coal company store and its importance to the mining industry.
Parcel ID Number and Legal Description
06173552 Lot 71 Section 2 Collins Whipple SD District 2 Plateau District Map 29G Parcel 99
06173543 Lot 69 Section 2 Collins Whipple District 2 Plateau District Map 29G Parcel 97
Lot Whipple District 2 Plateau District Map 29G Parcel 100
1.08 AC. Surf Whipple District 2 Plateau District Map 29G Parcel 43
0.11 AC. PT LOT 37 THURMOND
Municipality: Fayette County

Questions??

Call Martha Hilton, Broker at 304-667-7060

 

SEALED BIDDING INSTRUCTIONS AND TERMS AND CONDITIONS for SEALED BID REAL ESTATE AUCTION

TO REQUEST A SEALED BID AUCTION REAL ESTATE CONTRACT OF PURCHASE AGREEMENT AND PLACE A BID:

Property Information Packets, Sealed Bid Real Estate Auction Contract of Purchase, tax parcel numbers, aerial map and bidding instructions are available from Vision Quest Realty via email, fax or mail order. Contact Martha Hilton at agentwv@mountain.net or call 304-667-7060

REAL ESTATE TERMS:

1. TERMS OF SALE: This Auction is being conducted subject to the Terms and Conditions of Sale and the Sealed Bid Auction Real Estate Contract of Purchase Agreement. Five tracts in the State of West Virginia, Fayette County. The Auction Tracts are being offered for sale as a whole.

2. BIDDER’S INFORMATION PACKET: Detailed Bidder’s Information Packets containing the Sealed Bid Auction Real Estate Contract of Purchase, tax parcel numbers, aerial maps and bidding instructions are available from Auction Company via email, fax or mail order.

3. PROPERTIES OFFERED SUBJECT TO SELLER CONFIRMATION: The real property and personal property are being offered in their entirety and are offered subject to the seller’s confirmation of the highest bid.

4. BIDDING: The Auction Tracts are being offered by a sealed bid auction.

ELECTRONIC MAIL BIDS, U.S MAIL BIDS, BIDS DELIVERED BY DELIVERY SERVICE (UPS, FEDEX, ETC.): To participate and bid in the auction via mail, delivery service or electronic mail, all fully executed and signed Sealed Bid Auction Real Estate Contract of Purchase Agreements must be completed and delivered to Martha Hilton, Auctioneer and Broker, Vision Quest Realty, on or before 5:00 PM Eastern Time, Wednesday, October 17, 2018. All bids sent through U.S. Mail or by delivery service, must be sent by certifiable means, requiring a signature upon receipt. Bids may be emailed, mailed or delivered to: Martha Hilton, Broker and Auctioneer 951 Washington Street, West Lewisburg, WV 24901 agentwv@mountain.net

HAND DELIVERED BIDS/EMAILED BIDS: Fully executed and signed Sealed Bid Auction Real Estate Contract of Purchase Agreements may also be hand delivered or emailed to Martha Hilton (agentwv@mountain.net) at the Whipple Company Store, 7485 Okey L. Patteson Road, Scarbro, WV on Thursday, October 18, 2018 before 1:30 pm.

5. BID BASIS: Bidding is by a lump sum bid, not per acre.

6. BUYER’S PREMIUM: A ten percent (10%) buyer’s premium must be added to the final High Bid to determine the total Purchase Price.

Example: $300,000.00 bid + $30,000.00 buyer’s premium = $330,000.00 total purchase price

7. EARNEST MONEY DEPOSIT: A Deposit of $10,000.00 must accompany the bid either by cashier’s or certified check or wire transfer. Deposit checks must be made payable to “Vision Quest Realty Trust Fund ”. Cashier’s checks will not be deposited during the bid consideration period. All Deposits on offers not accepted will be returned to the respective bidders by November 19, 2018 with time allowed for mail delivery. Deposits for accepted winning Bids are NON-REFUNDABLE and will be deposited to the Escrow account of Martha Hilton, Auctioneer and Broker, Vision Quest Realty, and held per the terms of the Sealed Bid Auction Real Estate Contract of Purchase Agreement. Call 304-520-0992 or 304-645-7700 for wiring instructions.

8. BID OPENING: Bids will be opened at the Whipple Company Store, 7485 Okey L. Patteson Road, Scarbro, WV on Thursday, October 18, 2018 at 2:00 PM, Eastern Time. Only the high bids will be announced.

9. NOTIFICATION OF ACCEPTED BIDS: The successful bidder(s) will be notified if their bid(s) has/have been accepted by 5:00 PM Eastern Time on Thursday, October 18, 2018.

10. TIE BIDS: In the event of any tie bids, all tied bidders will be given another opportunity to make their best and final offer with 5 business days’ notice.

11. SETTLEMENT: Seller will prepare, and Buyer(s) will accept, a General Warranty Deed. Buyer(s) and Seller shall pay their own settlement costs as is customary in the state of West Virginia. Each party will be responsible for its own attorneys’ fees. Seller is providing a commitment for title insurance for all Auction Tracts. If Buyer elects to purchase title insurance, the title insurance premium shall be at the Buyer’s expense. All Auction Tracts shall be conveyed per the Property Description in the commitment for title insurance. The settlement date shall be on or before November 19, 2018.

12. ALL SALES ARE FINAL: All property is auctioned “AS IS, WHERE IS” with all faults in its condition at the time of sale without recourse by way of refund, reduction of the purchase price, or otherwise. Bidders should perform such independent investigation with respect to the property as they deem necessary or appropriate.

13. FINANCING: Your bidding and purchase of the property is not conditional upon financing. Be sure you have arranged financing, if needed, and are capable of paying cash at closing. Any and all buyers requiring financing MUST present a letter of qualification or pre-approval to Martha Hilton prior to the date and time of the auction.

14. BROKER PARTICIPATION: Any appropriately licensed West Virginia broker whose agent properly registers the successful high bidder will be paid a commission of 20% of the net buyer’s premium at settlement by the Seller. Broker Participation Applications must be on a Martha Hilton Auctioneer and Broker, Vision Quest Realty, Broker Participation form and contain the name, address and signature of agent and prospect as well as the Broker’s license number and Federal Tax ID number. The form must be received in the office of Martha Hilton Auctioneer and Broker, Vision Quest Realty, 24 hours prior to the receipt of or accompanying the Sealed Bid Auction Real Estate Contract of Purchase Agreement and Deposit. Agents acting as principals buying on their own account, on account of a business in which they are a principal member, on behalf of family members, other licensed real estate agents, or who represent prospects that have had prior contact with the Seller or Auction Company are not eligible. An agent may register multiple qualified bidders.

15. BOUNDARY LINES: Boundaries on aerial photos and topographic maps are approximate. Potential buyers will have ample opportunity to inspect boundary lines during scheduled property tour dates or by scheduling a private tour of the property. Buyer assumes all risk associated with entry upon the land and traversing the land.

16. ACREAGE AND SQUARE FEET: All acreages and square feet descriptions are approximate. If there is a discrepancy between the seller, Vision Quest Realty, Martha Hilton Broker and Auctioneer, its contractors, employees, affiliates, assigns and the actual acreage and/or square feet as determined by a surveyor or appraiser, the final accepted high bid and subsequent sales price including the buyer’s premium will not be adjusted. The statements, while not guaranteed, are from reliable sources. Any costs incurred in establishing boundaries shall be the responsibility of the buyer. Each sale is subject to easements, rights-of-way, reservation and/or restrictions of record.

17. RESERVE AUCTION: Once declared the high bidder and signing the required Sealed Bid Real Estate Contract of Purchase Agreement, the offer shall be irrevocable for seven (7) business days from the date of submission, and shall not be withdrawn for any reason by buyer. If not accepted by seller within that time frame by delivery of a signed copy of the Sealed Bid Real Estate Contract of Purchase Agreement, the Sealed Bid Real Estate Contract of Purchase Agreement and the buyer’s offer shall become null and void and the deposit held by the auction company shall be promptly returned to the buyer.

18. INDEMNIFICATION OF AGENT AND CLOSER: Buyer jointly and agrees to indemnify and hold closer and agent their agents, principals, associates, affiliates, assigns and employees harmless against any and all losses, claims, damages or liabilities and expenses not resulting from agent or closer's bad faith or gross negligence, including costs of investigation, attorney fees, and disbursements, which may be imposed upon or incurred by agent or closer hereunder relative to the performance of their duties related to the parties or the property, including without limitation any litigation arising from or in respect of this contract or the transactions contemplated hereby. Closer and agent shall not be liable for any error of judgment or for any act done or omitted by them in good faith. Closer and agent are authorized to act on any document believed by them in good faith to be executed by the proper party or parties, and will incur no liability in so acting. Closer and agent are in all respects and for all purposes third party beneficiaries of this contract to the extent that this contract would entitle them to rights or benefits if they were signatory parties hereto, and each of them is entitled to enforce such rights and benefits, as herein provided, to the same extent they would be entitled if they were such signatory parties. ANY INDEMNIFICATION, DEFENSE OR HOLD HARMLESS OBLIGATION OF BUYER FOR THE BENEFIT OF SELLER, CLOSER, OR AGENT IN THIS CONTRACT SHALL SURVIVE THE CLOSING AND/OR TERMINATION OF THIS CONTRACT.

19. GENERAL: The information contained in this brochure and otherwise provided by Seller and Auction Company is subject to verification by all parties relying on it. No liability for its accuracy, error, or omissions is assumed by the Seller or the Auction Company.

20. AGENCY: Martha Hilton, Auctioneer and Broker, Vision Quest Realty and her representatives represent the Seller.

21. QUESTIONS: Sale related questions should be directed to: Martha Hilton at 304-667-7060 or agentwv@mountain.net

Vision Quest Realty WV0004244 WV#1357

HOME, LAND & CABIN-BEAUTIFUL CRAIG CO. VIRGINIA REAL ESTATE

Starts Closing At: Wednesday, October 10, 2018 at 2:00 PM EDT

 

Inspection: Saturday, September 22, 2018 at 1:00 PM EDT

Quaint home and cabin with approx. 4.0 acres. GREAT OPPORTUNITY!

TWO HOMES NEAR KERR LAKE-CLARKSVILLE,VA

Starts Closing At: Thursday, October 04, 2018 at 2:00 PM EDT

 

Inspection: Sunday, September 23, 2018 at 1:00 PM EDT

Two homes and one smaller guest house.  1.9 acres total. Offered individually and together.

Electronics & Overstock Auction

Starts Closing At: Wednesday, October 3, 2018 at 6:00 PM EDT

 

Inspection: No inspection for this auction

 

Removal: Saturday, October 6, 2018, 10:00 AM - 2:00 PM EDT

Terms and Conditions of Sale

For Information on this auction please call Jarrod Hines 540-250-2964

These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-nine numbered paragraphs that outline the relationship between you (“the Bidder”) and R.L. Rasmus Auctioneers, Inc., Entrusted Auctions, Farmer Auctions, Auctions in Hawaii, Cal Auctions, Jennings Auction Group, and JLR Auctions (collectively, “the Auctioneer”). Throughout these Terms and Conditions, the terms “auctioneer,” “we,” “us,” and “our” will refer to the Auctioneer, and the terms “you” and “your” will refer to the Bidder.

If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, the Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.

Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.

1. Registration: To gain access to the Auctioneer’s bidding system, you will need to register and obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process.

2. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of the Auctioneer’s tax-exempt form prior to this auction’s closing. You can find the form here. Please note that the Auctioneer requires bidders to submit a new tax-exempt form for every sale. Once you have completed your tax-exempt form, please e-mail the form to info@entrustedauctions.com so that we can review your information. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneer’s tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully, and contact the Auctioneer with any questions you may have.

3. THIS CLAUSE INTENTIONALLY LEFT BLANK

4. Bidder’s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.

5. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.

6. Bidder’s Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly.

Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
CHOOSE WISELY: You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer.
7. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF “EQUIPMENT” AND “INVENTORY” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS ARE NOT GUARAUNTEED.

8. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email. You can review your bids at any time using the Auctioneer’s “Review Bids” feature; items on which you have been outbid will be clearly marked.

9. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by using the contact form on the website. Reports of bidding errors must be made via web form; phone reports will not be accommodated.

10. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.

11. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@entrustedauctions.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

12. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.

13. Closing: the Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, this auction will have a staggered, dynamic closing.

Staggered Closing: This online auction will automatically begin to close at a rate of several items per minute, every minute. Items’ closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer’s dynamic closing feature.
Dynamic Closing: The closing time of an item is automatically extended an additional four minutes whenever a bid is placed within the four minutes leading up to an item’s scheduled closing time.
14. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.

Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid. 
Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to info@entrustedauctions.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
15. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes. You can update your credit card information at any time by clicking the “My Account” tab and choosing “Update Credit Card.”

Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges indefinitely. The Auctioneer will only reinstate suspended accounts if the suspended bidder hands over a $1,000 deposit to be held in escrow for a period of one year.
Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 18-20 of these Terms and Conditions.
16. Buyer’s Premium: A 15% buyer’s premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $115 at checkout.

17. Sales Tax: Sales tax will be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 2 to apply for tax-exempt status.

18. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.

19. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times.

Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. 
Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.
20. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal-, collection-, transportation-, and storage expenses – associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.

21. Non-Delivery: In the unusual event that an item has been described incorrectly or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified.

22. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Beckley, West Virginia’s Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Beckley, West Virginia. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.

23. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.

24. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.

No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
25. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.

26. Limitations: These Terms and Conditions do not – nor are they intended to – create any agency-, partnership-, joint venture-, employer-employee-, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.

27. Severability: If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.

28. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of West Virginia.

29. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

Wonderful Gordonsville, VA Collection

Starts Closing At: Tuesday, October 2, 2018 at 6:00 PM EDT

 

Inspection: Monday, October 1, 2018 at 3:00 PM EDT

 

Removal: Friday, October 5, 2018, 2:00 PM - 6:00 PM EDT

This auction features artwork (many artist-signed), glassware, antique and vintage furniture, a wide assortment of hand-painted Toleware, and more!

Terms and Conditions of Sale

For Information on this auction please call our corporate office at 540-384-0100

These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-nine numbered paragraphs that outline the relationship between you (“the Bidder”) and R.L. Rasmus Auctioneers, Inc., Entrusted Auctions, Farmer Auctions, Auctions in Hawaii, Cal Auctions, Jennings Auction Group, and JLR Auctions (collectively, “the Auctioneer”). Throughout these Terms and Conditions, the terms “auctioneer,” “we,” “us,” and “our” will refer to the Auctioneer, and the terms “you” and “your” will refer to the Bidder.

If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, the Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.

Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.

1. Registration: To gain access to the Auctioneer’s bidding system, you will need to register and obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process.

2. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of the Auctioneer’s tax-exempt form prior to this auction’s closing. You can find the form here. Please note that the Auctioneer requires bidders to submit a new tax-exempt form for every sale. Once you have completed your tax-exempt form, please e-mail the form to info@entrustedauctions.com so that we can review your information. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneer’s tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully, and contact the Auctioneer with any questions you may have.

3. This clause intentionally left blank

4. Bidder’s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.

5. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.

6. Bidder’s Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly.

Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
CHOOSE WISELY: You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer.
7. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF “EQUIPMENT” AND “INVENTORY” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS ARE NOT GUARAUNTEED.

8. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email. You can review your bids at any time using the Auctioneer’s “Review Bids” feature; items on which you have been outbid will be clearly marked.

9. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by using the contact form on the website. Reports of bidding errors must be made via web form; phone reports will not be accommodated.

10. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.

11. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@farmer-auctions.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

12. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.

13. Closing: the Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, this auction will have a staggered, dynamic closing.

Staggered Closing: This online auction will automatically begin to close at a rate of five items per minute, every minute. Items’ closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer’s dynamic closing feature.
Dynamic Closing: The closing time of an item is automatically extended an additional four minutes whenever a bid is placed within the four minutes leading up to an item’s scheduled closing time.
14. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.

Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid. 
Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to info@farmer-auctions.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
15. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes. You can update your credit card information at any time by clicking the “My Account” tab and choosing “Update Credit Card.”

Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges indefinitely. The Auctioneer will only reinstate suspended accounts if the suspended bidder hands over a $1,000 deposit to be held in escrow for a period of one year.
Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 18-20 of these Terms and Conditions.
16. Buyer’s Premium: A 15% buyer’s premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $115 at checkout.

17. Sales Tax: Sales tax will be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 2 to apply for tax-exempt status.

18. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.

19. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times.

Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. 
Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.
20. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal-, collection-, transportation-, and storage expenses – associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.

21. Non-Delivery: In the unusual event that an item has been described incorrectly or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified.

22. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Salem, Virginia’s Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Salem, Virginia. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.

23. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.

24. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.

No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
25. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.

26. Limitations: These Terms and Conditions do not – nor are they intended to – create any agency-, partnership-, joint venture-, employer-employee-, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.

27. Severability: If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.

28. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Virginia.

29. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

Amazing Monroe Co., WV Collection Part 1!

Starts Closing At: Tuesday, October 2, 2018 at 6:00 PM EDT

 

Inspection: Monday through Friday, 9:00 AM - 4:00 PM EDT

 

Removal: Wednesday, October 3 & Thursday, October 4, 9:00 AM - 4:00 PM EDT

Farmer's is proud to present this amazing collection out of Monroe County, West Virgina.  There is something for everyone!  Items for auction include advertising ephemera, local collectibles, vintage film and equipment, postcards, glassware, unique lamps, kitchenware, toys, clocks, vintage clothing, and much more!

Part 2 of this collection COMING SOON!

Terms and Conditions of Sale

For Information on this auction please call our corporate office at 540-384-0100

These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-nine numbered paragraphs that outline the relationship between you (“the Bidder”) and R.L. Rasmus Auctioneers, Inc., Entrusted Auctions, Auctions in Hawaii, Cal Auctions, Jennings Auction Group, and JLR Auctions (collectively, “the Auctioneer”). Throughout these Terms and Conditions, the terms “auctioneer,” “we,” “us,” and “our” will refer to the Auctioneer, and the terms “you” and “your” will refer to the Bidder.

If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, the Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.

Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.

1. Registration: To gain access to the Auctioneer’s bidding system, you will need to register and obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process.

2. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of the Auctioneer’s tax-exempt form prior to this auction’s closing. You can find the form here. Please note that the Auctioneer requires bidders to submit a new tax-exempt form for every sale. Once you have completed your tax-exempt form, please e-mail the form to info@entrustedauctions.com so that we can review your information. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneer’s tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully, and contact the Auctioneer with any questions you may have.

3. This clause intentionally left blank

4. Bidder’s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.

5. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.

6. Bidder’s Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly.

Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
CHOOSE WISELY: You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer.
7. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF “EQUIPMENT” AND “INVENTORY” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS ARE NOT GUARAUNTEED.

8. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email. You can review your bids at any time using the Auctioneer’s “Review Bids” feature; items on which you have been outbid will be clearly marked.

9. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by using the contact form on the website. Reports of bidding errors must be made via web form; phone reports will not be accommodated.

10. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.

11. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@farmer-auctions.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

12. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.

13. Closing: the Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, this auction will have a staggered, dynamic closing.

Staggered Closing: This online auction will automatically begin to close at a rate of five items per minute, every minute. Items’ closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer’s dynamic closing feature.
Dynamic Closing: The closing time of an item is automatically extended an additional four minutes whenever a bid is placed within the four minutes leading up to an item’s scheduled closing time.
14. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.

Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid. 
Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to info@farmer-auctions.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
15. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes. You can update your credit card information at any time by clicking the “My Account” tab and choosing “Update Credit Card.”

Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges indefinitely. The Auctioneer will only reinstate suspended accounts if the suspended bidder hands over a $1,000 deposit to be held in escrow for a period of one year.
Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 18-20 of these Terms and Conditions.
16. Buyer’s Premium: A 15% buyer’s premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $115 at checkout.

17. Sales Tax: Sales tax will be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 2 to apply for tax-exempt status.

18. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.

19. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times.

Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. 
Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.
20. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal-, collection-, transportation-, and storage expenses – associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.

21. Non-Delivery: In the unusual event that an item has been described incorrectly or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified.

22. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Salem, Virginia’s Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Salem, Virginia. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.

23. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.

24. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.

No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
25. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.

26. Limitations: These Terms and Conditions do not – nor are they intended to – create any agency-, partnership-, joint venture-, employer-employee-, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.

27. Severability: If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.

28. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Virginia.

29. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

Live! The Collection of Terry Synan- Auction #1

MR. SYNAN WAS A LIFE-LONG COLLECTOR. WE ARE SORTING THROUGH AN ENORMOUS AMOUNT OF MERCHANDISE. THE ENTIRE HOUSE, DRIVE-UNDER GARAGE, DETACHED GARAGE, AND LOFT ARE COMPLETELY FULL! WE ARE STILL IN THE SORTING PROCESS! CHECK BACK FOR MORE PHOTOS AND DETAILS!

FEATURING: John Deere 325 lawn tractor and attachments, FIREARMS: Ruger 10/22 rifle, Remington Model 700 with Nikon scope, Valmet 412, Winchester 72 rifle, Springfield Hawken 50 cal black powder, Gamo air rifle, Thomson Center Arms 30-30 Win Super 14, S & W .38 Special and more! Treadlock gun safes, a variety of ammo, Lionel trains, collectible Pyrex and Fire King, carnival glass by Northwood and Fenton, Auto Spring & Bearing Co-Roanoke, VA clock, record and reel to reel players, hundreds of LP record albums, glass soda bottles, Zane Grey and other vintage books, unused 1970's Virginia license plates, Norfolk & Western Railway chisels, Annalee Christmas dolls, early B & W photographs including many from the Roanoke, VA Landes studio, Fenton epergenes, Craftsman stacking tool chest, Nascar collectibles, Craftsman tools, and much more!

Gallery Select Auction- September 2018!

Starts Closing At: Tuesday, September 25, 2018 at 6:00 PM EDT

 

Inspection: Monday - Friday: 9:00 AM - 4:00 PM EDT

 

Removal: Wednesday, September 26 & Thursday, September 27, 2018: 9:00 AM - 4:00 PM EDT

This auction features collectibles, vintage perfume bottles, jewelry, books, silver, vintage clothing, bicycles, primitive tools, die cast cars, comic books, lamps, and much more!

Terms and Conditions of Sale

For Information on this auction please call our corporate office at 540-384-0100

These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and twenty-nine numbered paragraphs that outline the relationship between you (“the Bidder”) and R.L. Rasmus Auctioneers, Inc., Entrusted Auctions, Auctions in Hawaii, Cal Auctions, Jennings Auction Group, and JLR Auctions (collectively, “the Auctioneer”). Throughout these Terms and Conditions, the terms “auctioneer,” “we,” “us,” and “our” will refer to the Auctioneer, and the terms “you” and “your” will refer to the Bidder.

If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. Such certification will function as your legal and binding electronic signature. If you choose to make this certification, the Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.

Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.

1. Registration: To gain access to the Auctioneer’s bidding system, you will need to register and obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process.

2. Applying for Tax-Exempt Status: Some bidders may be exempt from payment of applicable taxes. If you wish to apply for tax-exempt status, you must submit a completed copy of the Auctioneer’s tax-exempt form prior to this auction’s closing. You can find the form here. Please note that the Auctioneer requires bidders to submit a new tax-exempt form for every sale. Once you have completed your tax-exempt form, please e-mail the form to info@entrustedauctions.com so that we can review your information. If you do not follow the procedures discussed in this paragraph, the Auctioneer will be unable to consider identifying you as exempt from taxation, and you will have to apply directly to the applicable state for a refund. Please also note that, depending on the state whose sales tax applies, submission of the Auctioneer’s tax exempt form may not be sufficient to entitle you to tax-exempt status. Please review the form and its contents carefully, and contact the Auctioneer with any questions you may have.

3. This clause intentionally left blank

4. Bidder’s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number – including contact information and credit card information – changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.

5. Conduct of Sale: All deposits, bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer’s website without first obtaining written permission from the Auctioneer.

6. Bidder’s Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction. If you choose not to attend the scheduled inspection and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly.

Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
CHOOSE WISELY: You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer.
7. WARRANTY AND CONDITION OF ITEMS SOLD: ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. THIS SALE IS A SALE TO THE BUSINESS COMMUNITY OF “EQUIPMENT” AND “INVENTORY” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. NO ACTION TAKEN BY THE AUCTIONEER OR ITS AGENTS IS INTENDED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY AS TO ANY LOT OR ITEM IN THIS SALE. THE AUCTIONEER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONFORMITY WITH ENVIRONMENTAL LAWS OR REQUIREMENTS, NON-INFRINGEMENT, ACCURACY, TITLE, OR ANY OTHER STATUTORY OR COMMON LAW WARRANTY. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS ARE NOT GUARAUNTEED.

8. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email. You can review your bids at any time using the Auctioneer’s “Review Bids” feature; items on which you have been outbid will be clearly marked.

9. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by using the contact form on the website. Reports of bidding errors must be made via web form; phone reports will not be accommodated.

10. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.

11. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@farmer-auctions.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

12. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction’s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller.

13. Closing: the Auctioneer’s online auctions are designed to mimic traditional “live” actions. For this reason, this auction will have a staggered, dynamic closing.

Staggered Closing: This online auction will automatically begin to close at a rate of five items per minute, every minute. Items’ closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer’s dynamic closing feature.
Dynamic Closing: The closing time of an item is automatically extended an additional four minutes whenever a bid is placed within the four minutes leading up to an item’s scheduled closing time.
14. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.

Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid.
Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to info@farmer-auctions.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
15. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes. You can update your credit card information at any time by clicking the “My Account” tab and choosing “Update Credit Card.”

Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges indefinitely. The Auctioneer will only reinstate suspended accounts if the suspended bidder hands over a $1,000 deposit to be held in escrow for a period of one year.
Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any costs or fees discussed in Paragraphs 18-20 of these Terms and Conditions.
16. Buyer’s Premium: A 15% buyer’s premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $115 at checkout.

17. Sales Tax: Sales tax will be collected on items purchased at this auction. Remember: if you are tax exempt, you must follow the procedures discussed in Paragraph 2 to apply for tax-exempt status.

18. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.

19. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times.

Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question.
Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.
20. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal-, collection-, transportation-, and storage expenses – associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.

21. Non-Delivery: In the unusual event that an item has been described incorrectly or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer’s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem, your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified.

22. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Salem, Virginia’s Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Salem, Virginia. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.

23. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.

24. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.

No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
25. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.

26. Limitations: These Terms and Conditions do not – nor are they intended to – create any agency-, partnership-, joint venture-, employer-employee-, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.

27. Severability: If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.

28. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the Commonwealth of Virginia.

29. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.