Indoor Trampoline Equipment - Online Auction
Auction Location: Former Altitude Trampoline Park, 901 S. Ft. Hood St., Killeen, TX 76541
AGREEMENT BETWEEN BIDDER AND AUCTIONEER
AKA TERMS AND CONDITIONS - (REVISED April 2, 2020)
READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT
NOTE: All Dates are subject to change due to Covid-19 restrictions.
These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and eighteen numbered paragraphs that outline the relationship between you ("the Bidder") and Jones Swenson Auction Marketing, Inc. DBA Jones Swenson Auctions ("Auctioneer"). NOTE: The seller for this auction is a secured creditor. They reserve the right to cancel the auction at any time prior to the close of the auction.
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, these 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.

1. This is a Public Auction. By registering to bid in this auction, you acknowledge and agree to these terms and conditions. Lots begin closing in numerical order at 9:00 AM CT on May 5, 2020 and will close one lot every 30 seconds, with extended bidding in effect. This is also known as a soft close. Bidders must provide a valid credit card to register to bid online.


2. Payment will be processed immediately after the last lot is sold on May 5th with the credit card buyer submitted at registration, unless buyer has made alternate payment arrangements PRIOR to the end of the auction by contacting Auctioneer at 512-261-3838 or email: info@JonesSwenson.com). If credit card does not go through and buyer cannot be reached by cell phone within one hour, Auctioneer reserves the right to resell the items to the back-up bidder without notice. NOTE: Invoices over $2,000.00 must be paid by Cash, Cashier's Check or Wire Transfer. No payment splits will be allowed. At the close of the auction, buyers will receive an "unpaid" invoice. Once credit cards are run, an email confirmation & paid invoice will be emailed to buyer confirming process of payment. BRING YOUR PAID RECEIPT WITH YOU TO PICK-UP YOUR PURCHASES. Payment can be made by VISA, MC, Discover (for invoices under $2,000) or wire transfer or by cash or cashier's check. Payment must be received by 2:00 PM CT May 7, 2020 to Jones Swenson Auctions, 2303 RR 620 S., Ste. 160-200, Austin, TX 78734. Buyers should be available by cell phone (or other phone number provided at registration). A paid invoice will be required to remove purchases. No items may be removed until payment is made in full.
3. Buyer's Premium: A 15% Buyers' Premium will be added to each item purchased.
4. Texas Sales tax will be charged unless the buyer has provided a signed Sales Tax Resale Certificate or Exemption Certificate for this auction. Prospective buyers MUST fax or email their signed resale form prior to the end of the auction to (512) 261-9886 or info@JonesSwenson.com. NOTE: Texas Law requires the sales tax to be collected on the total price which includes the buyer's premium.
5. Removal: All Non-Trampoline items must be removed on Monday May 11 from 9am-4pm CT only. Trampoline equipment will be removed by appointment from May 11th through May 16th. Extra removal time will be available for removing trampolines if needed. If you cannot remove your purchases within this timeframe, do not bid. AUCTIONEER DOES NOT OFFER LOADING, ASSISTANCE WITH LOADING or SHIPPING. Bring whatever equipment and personnel that you need for removal. Please plan to start early on equipment that requires disassembly. Bring your paid receipt for removal. Anything remaining after removal time will be considered abandoned. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and remove your items during the published removal times.

6. Everything is sold "As-Is": All items in the auction are being sold, "as is, where is" without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS.
7. Bidder's Duty to Inspect and Investigate:Bidder acknowledges that the Auctioneer is providing them with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages bidders to attend the scheduled inspection for this auction, which will take place on the dates listed above. If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly.
8. Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not assume the cost of your mistakes. 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, nor for any claim against the Auctioneer.
9. Buyer is Responsible: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys' fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction.
10. Charge-backs 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 buyer's premium or sales tax applicable.
11. 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 fail 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 (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.
12. 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.
13. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and Conditions - and/or any unsafe or illegal activity during any auction-related event - may result in the Auctioneer's suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.
14. Internet Problems: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids, please contact HiBid Customer Service directly (352) 414-1947.
15. Missing Items or Items that Seller Does Not Own: In the event an item sold in the auction is found missing or the seller does not have the right to sell, prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price, buyer's premium and any sales tax. Buyer agrees that the only compensation due them will be the refund of actual money paid.
16. Claims and Choice of Venue: Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in Travis County, Texas, or in the Federal District Court for the Western District of Texas, where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts.You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney's fees.
17. Governing Law & Venue: These Terms and Conditions will be governed by and construed under the laws of the State of Texas. Venue will be Austin, TX.
18. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.

For questions, please contact auction office: (512)261-3838 or Info@JonesSwenson.com

AUCTION CLOSING POSTPONED. Due to the Covid 19 Virus, the landlord for this auction site has decided not to allow anyone in their building until the shelter in place restrictions are lifted. Since we do not want to close this auction until we can guarrantee buyers when they will be able to remove their purchases, we have no choice but to delay the closing until May 5th. We deeply regret any inconvenience this may cause to our buyers! These unpresidented times are difficult on everyone. We feel strongly that your safety and the safety of our communities must be foremost in our thoughts and actions. Indoor Trampoline Park Equipment Complete Liquidation - Online Auction By Order of Secured Creditor Former Atlitude Trampoline Park 901 S. Ft. Hood St., Killeen, TX 76541 Online bidding begins March 24 Lots begin closing on May 5th at 9am CT (NOTE NEW DATE) Equipment was installed new in 2018. Highlights: (2) Dodgeball Courts with Tramps, Netting and Pads Main Court 3900 Square Feet Tramps, Pads, Netting (2) CardioWall High-9 Vertical Target Wipeout Motorized Jump 8 tramps Side Court 1360 Square Feet Kid Zone 11 Tramps 1,500 Square Feet Basketball Jump 2 Lanes 2 Tramps, total are 24 x 16 feet Foam Pit 20 x 28 feet 2 Jump Tramps with Pads Foam Pit 44 x 8 Kids Zone Trapeze with Foam Pit 25 x16 feet pit , bar Walk the Walk Court 4 tramps 9 x 16 feet (2) Battle Beams approx. 18 foot long with Foam Pit Climbing Wall 11 foot tall 20 feet wide Replacement Pads & Parts (7) Luxul 26 Managed Switches XMS-2624P (7) Samsung 55 inch Televisions (13) Metal Benches 72 inch Crown XLS1502 XLS Power Amplifiers Blackjack Cube Recorder and Digital Manager Security System Electronics Cabinet Shoe Cubbies approx. 66 inches (24) Picnic Tables 96 inches, metal w/ thermoplastic coating Folding Tables 4 feet HP Computer, 2 Dell Laptops and iPad Branded Merchandise, Socks, T-Shirts (5) Vacuum Cleaners (2) Metal Lockers 18 Spaces per section Stanchions Office Furniture 2 HP Officejet 6962 Printers 2 Small Tables and 9 Chairs Cleaning Supplies and Cart Tool Box & Hand Tools (10) Arcshell Walkie Talkies with Chargers Refrigerator (10) Wooden Bar Stools Wrist Bands Inventory & Case (3) Rubbermaid Carts Rubbermaid Trashcans Storage Totes Safety Cones Children's Toys Pallet Jack Exterior "Altitude Trampoline Park" Sign - Front of building (2) "Altitude Trampoline Park" Insert Signs for Mounument Signs April 7, 2020 FOR IMMEDIATE RELEASE The heightened awareness and worldwide effort to slow the spread of COVID19 (the Coronavirus) has required Jones Swenson Auctions to assess what we can be doing to assist our local, regional, and national communities. During this period, we will strive to ensure our customers receive the highest quality auction service available. Our preview and removal schedules will continue by appointment only, in order to limit the number of people in the building at one time. Upon arrival at an auction site, you will be given a Covid 19 Safe Practices flyer and required to sign a release of liability waiver. This is an unprecedented situation for all of us. Please know that we will be here to help with any questions or concerns you may have. We apologize for any inconvenience. We feel strongly that your safety and the safety of our communities must be foremost in our thoughts and actions. Thank you for your understanding and assistance as we each do our parts to help minimize this pandemic. If you have any questions, please feel free to contact our office at (512)261-3838 or email Info@JonesSwenson.com. Sincerely, W. Scott Swenson, CAI, GPPA President & Chief Auctioneer