Terms & Conditions
Oberman Auctions Online Terms And Conditions
The following terms and conditions apply to all Oberman Auction online auctions. Additional terms and conditions applicable to specific auctions are included on the auction site for the specific auction.
Oberman Auction’s Role In Auction: Oberman Auction is acting as an agent of the seller in an online auction event and is not responsible for acts, omissions or representation of the seller on any of the seller’s principals, officers, directors, employees or other agents.
Auction Close: Online auctions shall close on the date and time identified for that specific auction and/or auction site. Items that receive a bid in the last 1 minute will be extended for an additional 3 minutes. This will repeat as long as there is a bid within the last minute.
Contract & Payment: By placing a bid on an item(s), the bidder represents, warrants and understands that it has the authority and capacity to enter such a bid and close the transaction. Any bid that is made constitutes an irrevocable offer to buy the item(s) in question for the full bid amount, plus stated buyer’s premium and any local or state taxes. A legally binding contract between the bidder, on one hand, and Oberman Auctions and the seller on the other hand, is formed when a bidder makes the highest bid and the online auction is closed. When the auction closes, the highest bidder (referred to herein as the “Buyer”) shall pay for the item(s) purchased by the date and time identified for removal at the specific auction site. If Oberman Auction determines that the highest bid was NOT a bona fide bid, the will NOT automatically go to the second highest bidder. Oberman Auction reserves the right to determine who the next successful bidder will be. If the Buyer does not pay for and remove the item(s) within the applicable removal period, Oberman Auction may resell the item without notice. If an item is resold for an amount less than the original, highest successful bid, the Buyer is obligated to pay the difference. If full payment is not made by the end of the applicable removal period, the Buyer’s bidding privileges may be revoked and suspended from any other Oberman Auctions’ until such time that the “open” invoice has been paid in full, regardless of whether an item has been resold. All bidders must be at least 18 years of age in order to register and bid.
Buyer’s Premium & Sales Tax: The Buyer shall pay to Oberman Auction a buyer’s premium of 10% of the sale or bid price. For example, it the succesful bid is $100, the buyer will be invoice for $110.00. The buyer’s premium is not negotiable and is payable by all Buyer’s. When and where Minnesota State Sales Tax is applicable it will be invoiced on top of the sale price plus buyer’s premium since the buyer’s premium is considered part of the sales price in accordance with state law.
Condition & Value Of Items: All items are sold “AS IS, WHERE IS”, with no warranties or guarantees, expressed or implied. Illustrations, pictures or video’s posted on Oberman Auctions’ website are for identification purposes only. Buyer assumes complete and sole responsibility for inspections of items prior to bidding and relies solely on its own inspection as to condition and value of items and not upon any representation, description, or nomenclature of Oberman Auction. Buyer waives any and all claims against Oberman Auction and seller based on the condition and/or value of items.
Buyers Responsibilities & Conduct: Buyer shall be responsible for all damage that it, its carriers, or its agents do to the property on any third party, in particular to Oberman Auctions’ premises or other removal site in removing items purchased. Should Oberman Auction consider such damage likely to occur, it may require Buyer to deposit such sum of money with Oberman Auction, by way of security for the costs of reinstating that part of the premises likely to be damaged by removal of an item(s). Should buyer refuse to deposit such monies, Oberman Auction may refuse access to its facilities or other removal site for the purpose of collecting all or any of the items it has purchased or rescind the sale of such items.
Transfer Of Title and Risk Of Loss: Title to items passes to Buyer when full payment for all items has been received. Removal of items from Oberman Auctions’ facility or other removal location is at the sole risk of Buyer or Buyer’s agent. If Oberman Auction is directed by Buyer to involve a third party for removal, Buyer is still responsible for any and all risk of loss.
Shipping & Handling: Buyer is solely responsible for the removal and/or shipping of all items and all costs related thereto. Buyer shall arrange with Oberman Auction or a third party of Buyers’ selection to have items picked up or shipped by the date and time identified for removal at the specific auction site. At Buyer’s request, Oberman Auction will box smaller items and ship them to Buyer via UPS, USPS or FedEx. If Buyer requests Oberman Auction box smaller items, Buyer shall pay to Oberman Auction all purchase costs and actual shipping charges plus a minimum $15.00 per box charge. Additional charges for irregular and/or larger items shall be determined on a case by case basis and include in the invoice to the Buyer.
Indemnification: Buyer indemnifies and holds harmless Oberman Auction, its directors, officers, employees and agents against any damage or loss which the Buyer, Oberman Auction or third parties may suffer on incur with respect to loss, damage or injury arising from the removal if any item(s).
Court Of Law & Arbitration: All disputes relating to an Oberman Auction online auction and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All claims relating to a Oberman Auction online auction(s) and the terms and conditions shall be brought in “District Court in Stearns County, Minnesota” and bidders hereby consent to the jurisdiction of said court.