Auction Terms & Conditions
Welcome to Beloit Auction! All items in this auction are located at 534 West Grand Avenue, Beloit, WI. The following terms and conditions apply to this auction:
(1.) Bidder Registration
- YOU must register to bid. Auctioneer may establish registration requirements and qualification criteria, as determined in Auctioneer’s discretion.
- You must provide identifying and financial information as requested. Auctioneer may refuse to register any bidder, revoke bidding privileges, or allow unregistered bidders to participate.
- By registering and bidding, all bidders acknowledge and agree to these Terms & Conditions, which form part of the Offer to Purchase.
- Each bidder is assigned a unique bidder number. All bids are irrevocable and binding.
(2.) Account Responsibility
- Bidders are responsible for maintaining the confidentiality of their username and password.
- You are liable for ANY and ALL activity conducted under your account.
(3.) Auctioneer’s Discretion
- Auctioneer reserves the right to reject any bid, regulate bidding increments, resolve bidding disputes, and re-offer any lot at its discretion.
- Auctioneer’s record of bids, transactions, and communications shall be deemed final and conclusive in all disputes.
- Auctioneer’s decision shall be final in all cases.
(4.) Property Condition
- All property is sold “AS IS, WHERE IS, WITH ALL FAULTS.”
- Neither Auctioneer nor Seller makes any representations or warranties, express or implied, regarding authenticity, condition, merchantability, fitness for a purpose, or non-infringement.
- Photographs and descriptions are provided as a convenience only. It is your responsibility to inspect lots in person or rely on images provided.
- All sales are final. No refunds or returns.
(5.) Payment Terms
- Pickup/Payment Hours:
- Wednesday 10:00 AM – 4:00 PM
- Thursday: 10:00 AM – 5:00 PM
- Friday: 10:00 AM – 5:00 PM
- Saturday: 10:00 AM – 12:00 PM
- Buyer’s Fee: 16% added to the final bid price + applicable sales tax.
- Buyer’s Premium: The Buyer’s Premium is earned by the Auctioneer as compensation and is non-refundable under any circumstances.
- Card Payments: Credit/debit card payments are subject to an additional 3.5% convenience fee. The maximum amount that may be charged to a credit or debit card is $800.
- Cash/Wire Requirement:
- All invoices over $800 must be paid by cash or wire transfer.
- Invoices containing $300+ in sensitive items (gold, silver, coins, currency, jewelry, marine, powersports, trailers, or motorized vehicles) must be paid by cash or wire transfer.
- Invoices totaling $10,000 or more must be paid by wire transfer.
- Auctioneer reserves the right to require cash or wire transfer on any invoice, regardless of amount, to prevent fraud.
- Accepted Forms of Payment: Cash, Wire Transfer, Visa, MasterCard, Discover, American Express, Debit.
- No Checks Accepted.
- Invoices may not be divided into multiple credit/debit card transactions for the purpose of exceeding the $800 maximum card payment.
(6.) No Chargebacks
- Buyer agrees not to initiate credit card chargebacks or payment disputes.
- In the event of a chargeback, Buyer remains liable for the full purchase price plus attorney’s fees, collection costs, and any fees imposed on Auctioneer.
(7.) Default & Remedies
- If Buyer fails to pay in full or fails to pick up purchases, Auctioneer may, at its discretion, resell the property, pursue collection, or take legal action.
- Buyer will be responsible for all deficiencies, storage, handling, resale fees, interest (1.5% per month), attorney’s fees, and costs of collection.
(8.) Pickup & Removal
- Items must be picked up by Saturday at 12:00 PM.
- A $35 disposal/handling fee (plus tax) will be charged automatically to the buyer’s card on file for any items not picked up by Saturday at 12:00 PM, including unpaid or unclaimed items. Due to the volume of buyers and merchandise handled at our facility, items left beyond the scheduled pickup period require additional staff time, handling, storage space, and coordination and can interfere with the preparation of upcoming auctions. This fee is intended to offset those additional costs and encourage timely removal of purchases.
- Items not removed the following Monday between 10:00 AM and 3:00 PM will be deemed abandoned. All ownership rights will be forfeited, and the items may be disposed of or resold at Auctioneer’s discretion.
- Failed card payments will result in account suspension, a $50 service charge (minimum), and possible permanent ban or legal action.
- Bring your own help and packing materials. Auction staff do not load or pack purchases.
(9.) Shipping
If you request shipping, a separate invoice will be issued covering shipping, handling, and insurance charges. Packaging begins on the Saturday immediately following the close of the auction. Cancelling a shipping request after 12:00 PM on Saturday will result in a minimum $30 fee to cover packing materials and labor already performed.
(10.) Alcohol Purchases
- Buyers must be 21 years of age or older to purchase unopened bottles of alcohol.
(11.) Firearm Purchases
All federal and state firearms laws will be strictly followed. Background checks are mandatory and must be successfully completed before any transfer.
- Payment Requirement: Firearm purchases and background check fees must be paid in full prior to conducting the background check.
- Failed Background Checks: Buyers who do not pass agree to consign the firearm into an upcoming auction. No refunds will be issued.
- Out-of-State Buyers: All firearms purchased by out-of-state buyers must be transferred through a licensed FFL dealer in the buyer’s state of residence. At Auctioneer’s discretion, firearms may either be shipped or delivered directly to the buyer’s chosen FFL. Buyer is responsible for providing accurate FFL information and for all shipping, delivery, and transfer fees charged by the receiving dealer.
- Processing Fees: $25 per firearm, with a maximum of $50 per buyer (regardless of number of firearms purchased).
- Buyer Responsibility: Some firearms may be restricted or prohibited in certain jurisdictions. It is solely your responsibility to verify legal eligibility before bidding.
- Liability Waiver: By bidding, you release Auctioneer and Seller from all liability (civil or criminal) arising from the purchase, ownership, possession, use, or misuse of any firearm.
- Safety Disclaimer: All firearms should be inspected by a qualified gunsmith prior to use. Always observe appropriate firearm safety, including treating every gun as loaded and using proper eye and ear protection.
(12.) Communications & Consent
- By registering, you agree that Beloit Auction may contact you by email, text message, or telephone regarding your account, bids, purchases, invoices, payments, pickup, shipping, customer service, and other transactional or auction-related matters.
- Where you have provided the required consent, Beloit Auction may also contact you by email or SMS/text message regarding future auctions, promotional updates, customer feedback, reviews, and reputation-related communications.
- Consent to receive promotional, marketing, review, or reputation-related communications is optional and is not required to register, bid, purchase items, or otherwise do business with Beloit Auction.
- Message and data rates may apply to SMS/text messages.
- You may opt out of promotional text messages at any time by replying STOP or following the opt-out instructions provided. You may unsubscribe from marketing emails by using the unsubscribe link contained in the email or by contacting our office.
- Transactional communications concerning your account, bids, purchases, invoices, payments, pickup, or shipping may still be sent when reasonably necessary to administer your transactions.
- Beloit Auction may maintain records documenting communication preferences and any consent provided, including the date, time, and method by which consent was obtained.
(13.) Security, Surveillance & Tampering
- For the safety and security of our customers, employees, facilities, and property, Beloit Auction utilizes visible and non-visible video and audio surveillance and recording systems throughout its facilities and premises.
- By entering or remaining on Beloit Auction premises, you acknowledge that you may be subject to video and audio surveillance and recording.
- Recordings may be reviewed, retained, disclosed, and used for security, loss prevention, investigation of incidents or disputes, enforcement of these Terms & Conditions, cooperation with law enforcement, and any other lawful purpose.
- Tampering with merchandise, tags, lot numbers, security equipment, or other property is strictly prohibited.
- Theft, shoplifting, attempted theft, tampering, or other unlawful activity may result in removal from the premises, suspension or permanent termination of bidding privileges, and referral to law enforcement.
(14.) Descriptions
- Auctioneer will not be responsible for description inconsistencies. Buyers must inspect and verify before bidding.
(15.) Legal Contract (UCC §2-328)
- At closing of each lot, a legally binding contract of sale is created.
- Buyers are responsible for safeguarding purchases at pickup.
(16.) Buyer Responsibility
- Buyers must provide their own packing, boxes, vehicles, and loading help.
(17.) Auctioneer Bidding
- Beloit Auction staff may bid on and purchase merchandise.
(18.) Sales Tax & Exemptions
- Valid exemption certificate must be submitted before bidding. No retroactive tax refunds.
- Sales tax will be collected as required by law based on the jurisdiction where the sale is deemed to occur. Buyers are responsible for reporting and paying any use tax owed in their state.
(19.) Right to Withdraw Lots
- Auctioneer/Seller may add, delete, or withdraw lots at any time before or during the auction.
(20.) Indemnification
- Bidders agree to indemnify and hold harmless Beloit Auction & Realty, Inc., its owners, staff, and Seller against all claims or damages arising from participation in the auction or use of purchased property.
(21.) Force Majeure
- Beloit Auction is not liable for delays caused by events beyond control (natural disasters, internet failures, strikes, fire, governmental action, etc.).
(22.) Age Requirement
- Bidders must be at least 18 years old to register; 21 for alcohol and other restricted items.
(23.) Premises Liability Waiver
- All persons enter auction premises or pickup locations at their own risk. Beloit Auction is not liable for accidents, injuries, or property damage.
(24.) Media & Marketing Use
- By participating in this auction, Buyer consents to the use of photographs, video, or audio recordings from preview, bidding, or pickup for Auctioneer’s marketing or promotional purposes.
(25.) Staggered Closing
- Online auctions use staggered closing. Selected lots close every minute as scheduled.
(26.) Soft Close
- If a bid is placed within 90 seconds of closing, the lot is extended 90 seconds until no further bids are placed.
(27.) Technology Disclaimer
- Auctioneer is not responsible for interruptions, errors, or software failures.
- Auctioneer may void or resell lots affected by technical malfunctions.
- Auctioneer’s decision is final.
(28.) Severability
- If any provision is found invalid, remaining provisions remain in full force.
(29.) Governing Law & Venue
- These Terms are governed by the laws of the State of Wisconsin.
- Venue for all disputes shall be exclusively in Rock County, Wisconsin.
- Buyer agrees Auctioneer is entitled to recover time, costs, and attorney’s fees as damages in any legal action.
(30.) Limitation of Liability
- Auctioneer’s liability to any bidder shall be limited to a refund of amounts actually paid for the item in dispute and shall not exceed the purchase price of such item.
- In no event shall Auctioneer be liable for special, incidental, or consequential damages.
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