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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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