Ben Ladage Auctions Inc. - Terms & Conditions of Sale

Welcome to Ben Ladage Auctions. We strive to ensure all auctions are conducted in a fair, professional, and transparent manner. By registering to bid-whether on-site, online, or by proxy-you agree to the following terms and conditions, which constitute a binding legal agreement between you ("Bidder") and Ben Ladage Auctions Inc. Please read them carefully before bidding.
________________________________________
Registration & Bidding

All bidders must register with accurate and verifiable information. Registration is free; however, Ben Ladage Auctions reserves the right to deny or revoke bidding privileges at our sole discretion, including online bidding approvals.
Online registrations are reviewed for accuracy and legitimacy. Incomplete registrations, mismatched billing or shipping addresses, IP addresses that do not correspond with provided locations, or other inconsistencies may result in a hold or denial of bidding privileges. Additionally, low HiBid scores, negative notes from other auction companies, or suspicious activity may lead to a denial.
If you believe you were denied in error, please contact our office at (217) 652-0924 for assistance.
By placing a bid, you acknowledge and agree that all bids are final and irrevocable. If you are the highest bidder when the Auctioneer announces an item as sold, you are the new legal owner and are fully responsible for payment. All sales are final.
________________________________________
Auction Software & Errors

Ben Ladage Auctions utilizes third-party online auction software. We are not liable for any technical issues, delays, errors, power outages, or interruptions of service, regardless of cause.
The Auctioneer may, at their sole discretion, cancel, suspend, or reopen bidding on any lot affected by a system failure or error.
The Auctioneer reserves the right to make announcements on sale day that supersede any printed or digital materials.
________________________________________
Item Descriptions & Inspections

All items are sold "as is" and "where is" with no warranties, guarantees, returns, or refunds of any kind. All sales are final.
Descriptions-including, but not limited to, age, condition, origin, rarity, or authenticity-are provided as a courtesy and represent the opinion of Ben Ladage Auctions, the seller, or results obtained using third-party tools such as AI-based image recognition. While we utilize modern tools to assist in identifying or categorizing items, these technologies are not infallible and should not be relied upon as definitive.
Descriptions are not guaranteed and should not be interpreted as a statement of fact. Bidders are strongly encouraged to attend preview days and inspect items in person. It is the bidder's sole responsibility to determine the condition, value, and authenticity of each item prior to placing a bid.
________________________________________
Soft Close / Staggered Auction Ending

Online auctions utilize a soft close with staggered lot endings. If a bid is placed within the last 3 minutes of a lot closing, bidding on that lot will be extended by an additional 3 minutes. This continues until no bids are placed during the final 3-minute window.
________________________________________
Max Bidding

When you enter a maximum bid, the software will automatically bid on your behalf up to your set amount, only increasing when other bids are placed.
________________________________________
Payment Terms

Accepted forms of payment include:
o Cash
o Credit/debit cards (Visa, MasterCard, Discover)
o Checks only with prior approval and/or a verified bank letter of credit
If no prior payment arrangements are made before the close of the auction, you authorize Ben Ladage Auctions to charge your registered credit card for the full invoice amount. This includes the final bid price, buyer's premium, applicable taxes, and any handling or shipping fees. By registering to bid, you acknowledge and accept that your card will be billed automatically if other payment is not received.
Chargebacks are strictly prohibited. By registering to bid, you agree to waive all rights to initiate a chargeback or credit card dispute for any reason. Chargeback attempts will be considered a breach of contract and treated as theft of goods and services.
Any bidder who initiates a chargeback will be held liable for:
o The full amount of the invoice
o Any chargeback fees incurred by Ben Ladage Auctions
o Legal costs and administrative fees resulting from the dispute
Furthermore, bidders who initiate a chargeback will be permanently banned from participating in future Ben Ladage Auctions. We reserve the right to report such incidents to other auctioneers, platforms, and industry databases.
Ben Ladage Auctions will pursue all available legal remedies-including civil litigation and criminal prosecution-to recover unpaid funds or resolve fraudulent activity. We take non-payment and chargeback abuse very seriously.
By bidding, you agree to these terms and fully authorize Ben Ladage Auctions to use any lawful means necessary to collect unpaid balances or enforce this agreement.
________________________________________
Non-Payment & Collection

Failure to pay for purchases in full constitutes a breach of contract. Ben Ladage Auctions reserves the right to pursue all available legal remedies to collect unpaid balances, including civil litigation and referral to collection agencies.
The bidder agrees to pay all reasonable attorney fees, court costs, collection agency fees, and any other expenses incurred by Ben Ladage Auctions in the enforcement of payment.
A finance charge of 2% per month (24% APR) will be applied to any unpaid balance after 30 days, until the debt is paid in full.
By registering and bidding, you agree that any debt collection or legal dispute related to unpaid invoices shall be resolved exclusively in Sangamon County, Illinois.
________________________________________
Buyer's Premium

A buyer's premium will be added to the final bid price as listed in the auction details.
On most auctions, a discount on the buyer's premium is available for payments made by cash or approved check. To receive this discount, arrangements must be made prior to the close of the auction.
We do not offer retroactive adjustments or refunds on credit card payments in order to apply a cash discount. If you do not contact us in advance, your card will be charged in full, including the standard buyer's premium, and no changes will be made post-auction.
________________________________________
Invoices & Declined Payments

Winning bidders will receive an invoice via email after the auction. Please check your inbox, spam, or junk folder if you do not receive it promptly.
It is the bidder's sole responsibility to ensure that payment is made in full and that their registered credit card is valid and able to be charged. If your credit card is declined or payment is not received, Ben Ladage Auctions will make one attempt to contact you via phone or email.
Failure to complete payment in a timely manner will result in forfeiture of your items and permanent removal of your bidding privileges with Ben Ladage Auctions. Non-paying bidders may also be reported to other auction companies and platforms.
________________________________________
Pickup & Item Removal

Pickup dates and times are posted with each auction. If you are unable to attend the scheduled pickup window, do not bid.
We cannot accommodate personal schedules, last-minute requests, or post-auction excuses. Please plan ahead - sympathy does not override policy in most cases.
If prior arrangements are not made before the scheduled pickup, your item(s) may be considered abandoned and will be forfeited without refund. In accordance with Illinois law (770 ILCS 90/1 et seq.), any property left unclaimed beyond the stated pickup date may be deemed abandoned and disposed of at the discretion of Ben Ladage Auctions, with no further notice or compensation to the buyer.
Buyers are responsible for bringing any necessary help, tools, or packing materials. We do not load, disassemble, or pack items for buyers.
A minimum $25 per lot handling fee will be charged for any item requested to be transported back to our office.
________________________________________
Shipping

Ben Ladage Auctions provides in-house shipping on most items. We have partnered with Shipping Saint, a state-of-the-art shipping technology platform, to streamline the process and enhance communication. Shipping Saint assists with everything from packaging and tracking to claims handling and communication to ensure a smooth shipping experience.
Following the auction, winning bidders will receive both an email and text message with the option to select pickup or shipping.
" If pickup is selected, you'll receive full pickup instructions, including date, time, and location based on the information you provided during registration.
" If shipping is selected, your items will be securely packed by our in-house shipping department. Once packaging is complete, you will receive another email and text message with the total shipping cost and handling fee.
We select the least expensive method available among USPS, UPS, and FedEx, based on size, weight, and destination. All shipping charges and handling fees must be paid before your items are released.
Please note the following:
" We do not ship large, oversized, or highly fragile items unless pre-approved prior to the auction closing. Contact our office in advance if you are unsure.
" We do not accept third-party labels or outside shipping accounts due to prior incidents of fraud.
" We do not provide shipping quotes prior to packing.
" Shipping costs are non-refundable once charged.
" We do not guarantee exact shipping timelines, but we strive to ship within 5 business days following the local pickup day. Depending on volume and workload, it may take up to 15 business days for your items to be processed and shipped.

Shipping Invoices & Abandonment Policy

If you select shipping, we will package your items and send a separate invoice through Shipping Saint for the shipping and handling cost. A minimum of three (3) attempts will be made via email and/or text to notify you of this invoice.
If shipping payment is not made within 30 days of the invoice being issued, the item(s) will be considered abandoned-even if the product itself was paid for. Abandoned items will be forfeited and may be resold, donated, or disposed of at the sole discretion of Ben Ladage Auctions, with no further notice or refund issued.
We are not a storage facility and cannot indefinitely hold items waiting for shipping payment. Timely communication and payment are the buyer's responsibility.
Ben Ladage Auctions is not responsible for items left behind or forgotten at pickup. Always check your spam or junk mail folder if you do not receive your invoice or shipping updates. Bring help, tools, and packing supplies when picking up in person. All sales are final.

________________________________________
Auctioneer's Discretion

Ben Ladage Auctions reserves the right to exercise full control over the conduct of each auction. This includes, but is not limited to, the right to:
o Withdraw, combine, or divide any item or lot from the sale at any time, with or without notice
o Re-catalog, re-lot, or regroup items as deemed necessary
o Refuse or revoke bidding privileges to any individual, company, or entity at our sole discretion
o Accept or reject absentee, proxy, online, phone, or live floor bids
o Place bids on behalf of the seller when deemed appropriate
o Accept bids in any increment deemed appropriate by the auctioneer
o Resolve any and all bidding disputes, including determining the winning bidder or reopening bidding on a disputed lot
o Cancel, postpone, or reschedule an auction in part or in whole due to technical issues, legal concerns, emergencies, or other circumstances beyond our control
The Auctioneer shall be the sole and final judge in the event of any bidding dispute, and the Auctioneer's decision shall be final and binding.
Ben Ladage Auctions shall not be held liable for any errors or omissions in the conducting of an auction, nor for any failure to execute bids or administrative functions, whether due to clerical error, system failure, or other causes. By participating in the auction, bidders expressly waive any claims against Ben Ladage Auctions for damages or losses arising from such issues.
________________________________________
Privacy Policy

By registering, you agree that we may use your contact information to send auction updates, invoices, and promotional material. You may unsubscribe from marketing communications at any time. Your information will never be sold or shared.
________________________________________
Legal & Disclaimers

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Illinois. By participating in any auction conducted by Ben Ladage Auctions, you agree that any and all disputes, claims, or legal actions arising from or relating to the auction, these Terms, or any transaction with Ben Ladage Auctions shall be brought exclusively in the state or federal courts located in Sangamon County, Illinois. You expressly consent to the jurisdiction of these courts.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be severed from the remaining terms, which shall remain in full force and effect.
By registering and placing a bid, you are entering into a legally binding contract with Ben Ladage Auctions. Failure to comply with these Terms may result in legal action, financial liability, and permanent revocation of bidding privileges.
Ben Ladage Auctions shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to the auction, including but not limited to errors or interruptions in bidding, lost profits, or the condition or authenticity of items sold.
Participation in the auction, whether online, in-person, or by proxy, constitutes your full acceptance and understanding of all terms stated herein.

Estate of Pamela Sutherland Online Auction -Springfield IL Auction: 1 of 2 Featuring: 850+ Lots featuring: Antique Halloween, Glassware, Pottery, & More Address: 1740 Lowell Ave., Springfield IL 62704 Auction Ends: Monday February 9th at 7:00 PM CST (Soft Close) In-Person Preview: Thursday February 5th, 4:00pm - 6:00pm Address: 1740 Lowell Ave., Springfield IL 62704 Item Pick-Up: Wednesday February 11th, 1:00pm - 6:00pm Pick-up location: Address: 1740 Lowell Ave., Springfield IL 62704 Pickup appointments must be scheduled via Shipping Saint (email/text link provided after auction ends). Ben Ladage Auctions - Auburn, IL Office: 217-652-0924 View full catalog and bid at: www.benladage.com Please read the complete Terms & Conditions before placing any bids. ________________________________________ BUYER'S PREMIUM & PAYMENT: A 15% buyer's premium will be added to each item. We offer a 3% discount for cash, check, or non-credit card payment - you must notify us before the auction closes to receive this discount. Accepted payment forms: Visa, Mastercard, Discover, debit card, cash, or approved checks. No checks accepted without prior approval or established business history. Checks with bank letter of credit may be accepted-please call our office in advance. Invoices for items will be billed to your registered credit card immediately following the auction. If shipping is selected, you will receive a separate invoice once shipping costs are calculated. ________________________________________ FOLLOWING THE AUCTION: Winning bidders will receive both an email and text message with the option to select pickup or shipping. o If pickup is selected, you'll receive full pickup instructions, including date, time, and location based on the information you provided during registration. o If shipping is selected, your items will be securely packed by our in-house shipping department. Once packaging is complete, you will receive another email and text message with the total shipping cost and handling fee. ________________________________________ SHIPPING: Shipping is available on most items and provided in-house by Ben Ladage Auctions using Shipping Saint. After the auction: " You will receive an email and text to choose either shipping or pick-up. " If shipping is selected, items will be packaged, and you will receive a second notification with shipping and handling costs. " We use USPS, UPS, and FedEx and always select the most cost-effective method. " Please allow up to 15 business days for items to ship after the pickup date, although most packages go out within 5 business days. We do not ship large or heavy items unless pre-approved prior to auction closing. We do not accept outside shipping labels or provide shipping quotes. Shipping costs are the responsibility of the buyer and are non-refundable. ________________________________________ ITEM DESCRIPTIONS, INSPECTIONS, & DISCLAIMERS: All items are sold "AS IS, WHERE IS" with no warranties, guarantees, refunds, or returns of any kind. Descriptions including condition, age, origin, or rarity are offered as opinion only. The bidder assumes all responsibility for determining value and authenticity. Preview and inspection are strongly encouraged. The auctioneer is not responsible for errors in descriptions or missed bids (online, absentee, phone, or otherwise). All announcements on auction day take precedence over any prior marketing. ________________________________________ PICKUP POLICY - READ CAREFULLY: All items must be picked up on the scheduled date and time. If you cannot make the scheduled pickup, please do not bid. Items not picked up are forfeited and become property of Ben Ladage Auctions unless other arrangements have been made in advance. We understand life happens and will try to work with you-but communication is key. If we have to retrieve your items from the auction site and transport them back to Auburn, a minimum fee of $25 per item will be charged. This fee helps cover time, labor, and tracking logistics. ________________________________________ ABSENTEE BIDDING & TECHNICAL INFORMATION: Don't want to watch the auction live? The best strategy is to leave your maximum bid ahead of time. Our system will bid incrementally on your behalf. This is a soft close auction. If a bid is placed in the last 3 minutes of a lot's closing, that lot will automatically extend by 3 minutes. All lots close in staggered intervals. If you're unsure how to bid online, contact our office before the final day-we're happy to help! Absentee bids are accepted and will include the 15% buyer's premium. ________________________________________ Sellers: Estate of Pamela Sutherland - Executor: Samuel Faggetti We appreciate your bids and support-thank you for participating in this online auction!