Although we are thankful for the rain it could not have arrived at a more inconvenient time....A skidsteer will be available for loading purposes, please keep in mind that the amount of rain this afternoon/evening will determine if it can be taken below the shed (under the hill). The skidsteer is only available on Tuesday, November 21st. If you purchase smaller lots please do not hesitate to arrive between 11am to 2pm to pickup your smaller items and come back for a second trip later in the day (before 5pm) to get items that need to be loaded with the skidsteer. The skidsteer will not operate past dark (5pm).
CASH ONLY. No checks, no credit cards. Pickup will be a scheduled pickup. In the email where you receive your final invoice there will be a link where you can schedule the day/time to pickup your items. Please make sure you use the link once you get your invoice so you will have your chosen time because if you show up without a time you will be required to wait until we get an opening. Here's a video on how to sign-up for pickup: CLICK HERE
Thank you for your understanding, Suzanna
48" Flexible Steel Ruler
There are no bids for the lot at this time
Online Auction
Bidding Closes: Monday Nov 20, 2023 - Starts Closing @ 4:30 pm
6846 County Road 133, Steedman MO 65077
Directions: From UU, turn Right onto County Road 133, continue 3 Miles second drive way on the left, Watch for Signs!
Preview Dates: Thursday Nov 16, 2023 3-5pm & Saturday Nov 18, 2023 12-4pm
Pickup Day: Tuesday Nov 21, 2023 11:00am-5:00pm
**The above date will be the ONLY allowed date for pick up of items. Please bid accordingly.
Special Mention: 12'x10' Wood Shed, on 4" Runners, 9' Tall; Tractor, Allis-Chalmers WD45, no gauges; Front end loader for the Allis -Chalmers WD44; Honda 4 Wheeler 300 Fourtrax; 3 point hitch blade, 6 foot long; Pull behind, 2 bottom plow, Allis-Chalmers; Boat Trailor, overall length 223", by 74"; Homemade fishing platform 63" wide, 65" long, 25" tall, lights on 3 sides, trolling motor and seats, with lights on bottom; Aluminum boat and trailer, LOWE, boat 190" long, 70" wide at rear, 49" wide at front.; Boat Trailor 201" long, 60" wide; Craftsman LT1000 Riding lawnmower, 21 ic twin Briggs and Stratton engine. 42" Deck; Evinrude Sportwin Boat Motor; Gas Furnace and A Coil with Copper Line Set; Diamond Plated Aluminum Side Box - Truck Bed; Shed On Skids - 9'10" Wide x 8'8" Tall x 16'2" Long; Foley-Belsaw Co. - Kansas City Mo Belt Sander; 3PH Howell 220V 5HP Commercial Sander; Duralast 200-Amp Battery Charger- 2,10,40,200 Boost Amp; Sandblaster Cabinet with 15 Gallons of Sand 40# Cap; Grizzly Milling Machine; Porta-Heat Salamander Heater - Kerosene; Miller Matic 210 - Wire Welder w/ Tank - 220V; Delta 15" Scroll Saw; Generac L4002 Generator 8HP Briggs and Stratton Motor; Pittsburgh Automotive 1/2 to 2 Ton Engine Lift; Sears Craftsman Contractor Series Table Saw, 3HP; Wilton Vertical Band Saw/Folds Down; Craftsman Router Table and Stand; Grizzly GO458Z 18" Open End Drum Sander, 1.5 HP, 110 V; Wilton 20" 9-Speed Drill Press, 7 HP, 115/208-230 V; Tile/Stone Cutter on Solid Metal Stand; Central Hydraulics 20 Ton Shop Press; Miller DC Inverter Arc Welder, XMT 304 CC/CV; KVC Machinery Horizontal Band Saw on Stand; Part of Hobart meet cutting machine. No blade; Yamaha 50 Hp Outboard Motor - With Title & MUCH MORE TOO NUMEROUS TO MENTION!
Outdoors/Hunting/Fishing: Eagle Claw Shappell Jet Sled; Browning Buck Mark .22 LR Semi-Automatic; New England 2621 .50Cal Black Powder Rifle; Baer Custom .45 ACP Semi-Automatic; Optima .50 Cal Black Powder Rifle; Ruger .22 Cal 6 Shot Revolver; .410 GA Pump Shotgun, Stock Has Been Repaired; Ruger Model 10/22 Carbine .22 LR Rifle; Charles Daly Field 20 Gauge Semi Automatic Shotgun; Remington Arms Co. 12 GA Pump Shotgun; Black Powder Octagon Barrel with Mule Ear Tool; Remington Arms Co. .22 Speed Master Semi-Automatic; Savage Mdl. 93 .22 WMR Only, with Weaver 3-9X40 Scope; Anatolian Arms Mexico, MO - 5.56 NATO Semi-Auto Rifle; Buffalo 32 Long Gun Safe, Overall H 59 1/2" X 32"W X 22"; Antlers; Skull Antlers; Deer Stands; Gun & Rifle Cases; Tree Anchors & Climbing Gear; Wicked Hunting Lights; Darton Impulse Mark II Cam Bow; Black Tail Hunter Bear Bow; Deer Hides, Beaver Pelt, Archery Targets; 2 Taxidermy Deer Forms; Turkey Decoys; Various Game Cameras; Bear White Tail Bow II with Attached Arrow Holders; PSE Mini Burner with Sight; Mossberg Rifle .17HMR Caliper. Ctr. Point 329 Power Scope Disassembled; Various Arrows & Bows; 1 Shakespeare Sirius Graphite Rod & 1 Shakespeare Spinning Rod; Olympic SSS13-3 Large Rod with Reel 330 GTI Graphite Reel; Shakespeare Sigma Titanium Rod & Abu Garcia Reel; Berkley Rod with Abu Garcia Reel; Quantum Lite Rod with Quantum OL50 Reel; Various Rods & Reels; Camping/Hunting Gear; Various Ammo; Taxidermy Coyote 36"L X 15"D X 29"H; & MUCH MORE TOO NUMEROUS TO MENTION!
Tools: DeWalt Large Grinder; Chicago Chainsaw Chain Sharpener; Black & Decker 1/2" Hammer Drill - Electric; Husky Pneumatic Hammer; Desoutter 1/4" Drive Pneumatic Driver; Central Pneumatic Cutter; Central Pneumatic 3/8" Air Ratchet; Grizzly Pneumatic Cutter; Central Pneumatic 1/2" Drive Air Impact; Pneumatic Angle Die Grinder; Porter Cable Electric Angle Grinder; DeWalt Large 6"-8" Angle Grinder; Jobsmart Air Tank; Bosch Palm Router In Plastic Case; Chicago Hammer Drill In Black Plastic Case; Porter Cable Profile Sander In Grey Plastic Box; DeWalt Circular Saw in Black Plastic Case; DeWalt Hand Planer In Black Plastic Case; Bostitch Pneumatic Finishing Nailer In Black Case; Pneumatic Brad Nailer In Grey Plastic Case; Porter Cable 557 Plate Joiner In Black Plastic Box; Chicago 7" Portable Wet Cutting Tile Saw; Simpson 3300 PSI, 2,4 gpm pressure washer with Honda 190 motor; Industrial hose reel and 3 ton chain hoist - Yale; Stihl Chain Saw 18" Bar 024 AV Electric Quick Stop; Stihl 009 14" Tree Trimmer; STIHL Chain Saw 20' Bar, 041 AV; Campbell Hausfeld Portable Air Compressor 4HP 13 Gal; Grizzly Metal Cutting Bandsaw; Classic Air Compressor 60 Gal, 6 HP, 230 V, All Gages; & MUCH MORE TOO NUMEROUS TO MENTION!
Shop Tables/Furniture/Appliances: Twin Bed Headboard Footboard Parts; Dorm Room Refrigerator; GE Microwave - Tested, Runs-18"+/- Wide; Metal 2 Door Cabinet; Round Shop Table 44" Round x 37" High x 3/8" Thick top; 8' Long x 4' Wide x 38" Tall Rolling Solid Steel Table; 7' 1"L X 37 1/2" W, 39" H Table with Vice and Storage Cabs; Folding Table 4' W X 2' D; Brown Office Chair 28"W X 27"D X 44" H; Wood Coffee Table 50"L X 28"D X 18"H; Hanging Display Shelf with Mirror Back 30.5"W X 22.5"H; Vintage Metal Cabinet 30"L X 18"D X 36"H; Duet Electric Clothes Dryer on Stand 27"W X 30"D X 50" H; Belvedere Electric RICCAN Sewing Machine in Cabinet; Metal Locker 18"W X 18"D X 64"H; 2-Door Metal Cabinet 36" W X 19"D X 63"H; & MUCH MORE TOO NUMEROUS TO MENTION!
Misc.: Gas Furnace and A Coil with Copper Line Set; Water Tote With Valve Shut Off Approx 200 Gal; Orange Ladder 12' Bi-Fold, made Aluminum/Fiberglass; Argon Gas Compressed Tanks; Compressed Oxygen Tanks; Acetylene Settling Tanks; 220V Shop Heater - No Cord; 110 GE Window Air Conditioner; Endless Summer Propane Outdoor Patio Heater 8' H; Holmes Dehumidifier; Weider 15 CT, Exercise Machine 4'D X 3'W X 74"H; Pool Table, red felt, 100" X 56", 7 pool cues, rack to hold up to 6 cues, bridge, balls, triangle, cue calk; Timberline wood stove, 8" flue, free standing, no ash pan; Pellet stove, top loading, free standing; Bottle Pepsi machine, 25" X 21" X 52", has key; 4 Truck Tires, Kenda All terrain LT 275/65R18; Canned Pepsi machine, early 80's, drop down can; Misc. Wood, Various sizes and shapes; Misc. Metal; Vintage Horse drawn corn planter, Steel wheels, 46" W X 46" L; Vintage planter, 62" wide X 27" deep; electric wheelchair, one wheel missing, Invacare; 2 industrial fans, Dayton Trivolt, 200,230,460 Voltage; Wood Dryer 97-3/4" L X 26" D X 27" H; & MUCH MORE TOO NUMEROUS TO MENTION!
The Personal Property of the “Late” Brian Cheney & Linda Cheney - SELLERS
For Complete Terms, Listing, Catalog, & Bidding Visit
www.WolfeAuctionRealty.com
Need Help Bidding? Contact the Auction Team at 573-592-1939
No Computer? No Problem! Come to one of our preview days and we can help you bid!
Auctioneers Note: 15% Buyers Premium Charge for personal property. This is a brief listing, many other items too numerous to mention (VISIT OUR WEBSITE FOR THE FULL LISTING &
PICTURES). We look forward to seeing you on preview!
ONLY Pickup Day is Tuesday Nov 21, 2023, 11:00am-5:00pm ….The Auction Team
Wolfe Auction Service
573-592-1939
www.WolfeAuctionRealty.com
Serving Central MO Since 1999
Auction Terms & Conditions All items are sold "as is where is" with no guarantees of any kinds. Any inspections or financing arrangements needed by the buyer must be made before the auction closing at the buyer's expense. The auction is not contingent on inspections, appraisal, or financing. All bidding now must be approved, for approval we will need a proof of funds sent to wolfe.office@gmail.com or brought to our office at 400 W 4th St. Fulton MO 65251. If a loan is needed, we must have proof of a 80% Conventional loan with proof of a 20% down payment. Online Bidding Terms and Conditions of Sale For any questions regarding this auction, please email us at wolfe.office@gmail.com these are the Online Bidding Terms and Conditions of Sale for this auction. They consist of this introduction and twenty-four (24) numbered paragraphs that outline the relationship between you ("the Bidder") and Wolfe Auction & Realty, LLC ("the Auctioneer"). Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to the Auctioneer, and the terms "you" and "your" will refer to the Bidder. If you want to bid online in this auction, you will first have to read these Terms and Conditions. And by placing a bid, you agree that you have read the Term
All items are sold "as is where is" with no guarantees of any kinds. All items must be picked up on the assigned pick up day, we no longer arrange for alternate pickups or bring items back to our office.
Online Bidding Terms and Conditions of Sale For any questions regarding this auction, please email us at wolfe.office@gmail.com These are the Online Bidding Terms and Conditions of Sale for this auction. They consist of this introduction and thirty-one (31) numbered paragraphs that outline the relationship between you ("the Bidder") and Wolfe Auction & Realty, LLC ("the Auctioneer"). Throughout these Terms and Conditions, the terms "auctioneer," "we," "us," and "our" will refer to the Auctioneer, and the terms "you" and "your" will refer to the Bidder. If you want to bid online in this auction, you will first have to read these Terms and Conditions. And by placing a bid, you agree that you have read the Terms and Conditions and understand the terms are binding on both 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. Please read these Online Bidding Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.
1. Registration: To gain access to bid online, you will need to register and obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process.
2. Online auction deposit: For the Auctioneer to process your winning bid, we must have a working Visa or MasterCard associated with your account. After you have registered for this online auction, the Auctioneer will authorize the credit card you have placed on file for $1.00 This $1.00 deposit is not a charge, only an authorization hold; if you decide not to make any bids during this auction, or if none of your bids are successful, the Auctioneer will not take any money from your account, and the authorization hold on your $1.00 will be lifted in accordance with the procedures of your credit card provider and/or banking institution. If you fail to provide full payment for your purchases, the $1.00 authorization hold will be captured.
3. Credit Card: For the Auctioneer to process your winning bid, we must have a working Visa, Discover, or MasterCard associated with your account with sufficient funds available to cover your purchases, we do not accept American Express. Absolutely no charge backs.
4. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.
5. Conduct of Sale: All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
6. Bidder's Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled previews for this auction. If you choose not to attend the scheduled previews and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly. Bids will not be reverted due to Bidders lack of willingness to attend preview dates.
A) Photographs and Descriptions: Photographs are only a convenience for the buyer & does not guarantee condition. The Auctioneer posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. Photographs are only a convenience for the buyer and does not guarantee condition.
B) Bid Wisely: We want everyone to be pleased with their purchases and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients 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 to the Auctioneer nor for any claim against the Auctioneer.
C) Monitor Bids: It is always the Buyers full and complete responsibility to monitor the current status of an auction event and all bidding related to that event. You may review your bids at any time by entering your username and password on the bidding site. Bids will never be reverted or reversed, please be cautious that you do not enter an amount you would not be willing to pay.
D) Employees, staff and/or auctioneers are not exempt from bidding on auctions and/or items on auctions conducted by Wolfe Auction & Realty, LLC if they meet the eligible terms and conditions of the auction.
7. WARRANTY AND CONDITION OF ITEMS SOLD: All lots and items are sold as is where is, with all faults and with no express or implied warranties. No action taken by the Auctioneer or its agents is intended to create any express or implied warranty as to any lot or item in this sale. The Auctioneer specifically disclaims any express or implied warranties including, but not limited to: any warranty of merchant ability, fitness for a particular use, conformity with the environmental laws or requirements, non-infringement accuracy, title, or any other warranty. It is believed that all descriptions are accurate descriptions but not guaranteed. Photographs are only a convenience for the buyer and does not guarantee condition.
8. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email, if you have chosen this option when you registered. You can see if you are high bidder at any time using the "Watchlist" feature; items which you have put on the Watchlist will show the bidder name of the high bidder.
9. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. If you mistakenly increase your own bid at any time during the auction or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by email at wolfe.office@gmail.com . Reports of bidding errors must be made via e-mail, that is the only acceptable form of reporting. You agree we have the final determination if the “error” can or will be removed.
10. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close. Bids will not be retracted at any time.
11. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to wolfe.office@gmail.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
12. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a Seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the Seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller. Auctioneer and Auctioneers staff may bid at any time on auction item for their owner personal purchase, this is not prohibited.
13. Closing: Online bidding will close in 'soft close' increments there will be approx. 1 hr between the first lot & last lot closing for the Online Auctions, this time may be longer or shorter depending on the size of the auction.
14. Winning Bids: If you place an online bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid plus Buyers Premium.
A) Notification: If you end up placing one or more winning online bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid. If you feel you should have received a winning bid email but did not please email wolfe.office@gmail.com after checking your Spam folder of your email.
B) Bid Inquiries: If you believe that you placed a winning online bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to wolfe.office@gmail.com explaining your situation by 9:00pm on the day the auction closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
15. Payment: Currently, we are doing CASH only on pick up day for your purchases. If you do not come to pick up day the credit card associated with your account will be automatically charged for the full price of your purchases. For this reason, it is imperative that you provide the Auctioneer with a credit card that has sufficient credit available to pay for all your purchases at the moment the auction closes!
A) Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases, the Auctioneer will suspend your online bidding privileges indefinitely.
B) Chargebacks 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 costs or fees discussed in Paragraphs 16-18 of these Terms and Conditions.
16. Buyer's Premium: A 15% buyer's premium is added to every online personal property purchase. For example, if your winning online bids add up to $100, you will be charged $115 at checkout. A 3% buyer's premium is added to every online real estate property purchase. On specialty items premiums may vary (guns, vehicles, tractors), you will be notified if this is the case.
17. Default and Resale: You agree that if, after being declared the winning online 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 refuse 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 (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.
18. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the item pick up times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not ship all items, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times, untimely pick up, lost, stolen, misplaced or items that are damaged and not working. The Auctioneer will not bring any items to their office for holding or pickup on a future date. If you come to pick up and do not take ALL your items, the Auctioneer is not responsible for protecting your items until your return or reopening auction site for another pick up date. PLEASE NOTE SHIPPING IN THE DESCRIPTION ONLY. If shipping is offered by Wolfe Auction & Realty, LLC the shipping costs will be billed to the Buyer plus a reasonable handling fee and cost of shipping supplies. No item is guaranteed to withstand shipping and Buyer will not hold Auctioneer or Seller liable for any damages incurred through shipping.
A) Bidder's Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause.
B) Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question, proper identification or a written email stating who can pick up the items.
C) Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of any item that is considered abandoned.
19. 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 or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including 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.
20. Non-Delivery: In the unusual event that an item has been totally mis-described or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer's onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem; your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified.
21. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Callaway County, Missouri's Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Callaway County, Missouri. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counter party may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
22. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
23. Liability: In all cases, the Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction.
A) No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction.
B) No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
24. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
25. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.
26. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.
27. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Missouri.
28. Sever and Software Technical Issues: In the event there is any technical issues related to the software, server, or any other auction related technology Wolfe Auction and Reality reserves the right to change, cancel or extend the bidding at our discretion and should not be held responsible for any missed bids. Emails will be sent out if these errors do occur.
29. Photographs Taken by Staff: You acknowledge that there may be photographs taken or video recording during the auction and these photos and/or videos may be used in promotional materials and digital communication. You hereby consent and grant permission for such photographs and/or videos to be taken and to be used in promotional materials or any digital communication by Wolfe Auction and Realty. You authorize Wolfe Auction and Realty to copyright and publish all photographs and videos in print or electronic format in which you appear or speak that are taken by or for Wolfe Auction and Realty. You agree that they may use, edit or reproduce such photographs and videos or share them with others for any purpose related to the promotion of Wolfe Auction and Realty and its related programs and activities. You release all claims against Wolfe Auction and Realty and others with respect to the copyright, publication or use of such photographs or videos, including any claim for compensation related to their use.
30. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and/or any unsafe or illegal activity during an 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.
31. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
s and Conditions and understand the terms are binding on both 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. Please read these Online Bidding Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder. 1. Deposit: The Auctioneer Shall collect earnest money deposit of $8,000 in the form of a cashier's check made payable to Cole County Abstract and Title Company and complete a purchase agreement the next business day following the end of the online auction. Remaining balance must be paid at closing within 30 days when good title and possession will be granted to buyer. 2. WARRANTY AND CONDITION OF ITEMS SOLD: All lots and items are sold as is where is, with all faults and with no express or implied warranties. No action taken by the auctioneer, or its agents is intended to create any express or implied warranty as to any lot or item in this sale. The Auctioneer specifically disclaims any express or implied warranties including, but not limited to any warranty of merchantability, fitness for a particular use, conformity with the environmental laws or requirements, non-infringement accuracy, title, or any other warranty. It is believed that all descriptions are accurate descriptions but not guaranteed. Photographs are only a convenience for the buyer and does not guarantee condition. 3. Online Auction Only: There will NOT be a live auction. If you would prefer to turn in an absentee bid in person, please call our office at 573-592-1939 to make arrangements. 4. Registration: To gain access to bid online, you will need to register and obtain a bidder number. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process. 5. Conduct of Sale: All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or public ally display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer. 6. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile. 7. Bidder's Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the items being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled previews for this auction. If you choose not to attend the scheduled previews and are in doubt about the condition, completeness or suitability of a given item, please bid accordingly. 1. Photographs and Descriptions: Photographs are only a convenience for the buyer & does not guarantee condition. The Auctioneer posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. 2. Bid Wisely: We want everyone to be pleased with their purchases and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients 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 to the Auctioneer nor for any claim against the Auctioneer. 8. Closing: Closing of this sale will be handled at the office of Cole County Abstract and Title Company 240 East High Street, Jefferson City, Mo 65101, 573-636-3214 on or before 30 days from the date the auction concludes. Title Commitment and title policy to be split 50/50 between buyer and seller. 9. Staggered Closing: The closing time will automatically be extended 2 min each time a bid is placed within 2 min of the closing of the auction until all bidding concludes. 10. Buyer's Premium: A 15% buyer's premium is added to every online purchase. For example, if you are winning online bids add up to $100,000, you will be charged $115,000 at closing. 11. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 9 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation. 12. Liability: In all cases, the Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. 1. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. 2. No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction. 13. Winning Bids: If you place an online bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid plus Buyers Premium. 1. Notification: If you end up placing one or more winning online bids in this auction, the Auctioneer will contact you by e-mail to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid. 2. Bid Inquiries: If you believe that you placed a winning online bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to wolfe.office@gmail.com explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. 14. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller. 15. Default and Resale: You agree that if, after being declared the winning online 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 refuse to pay 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 (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price. 16. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. 17. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by email at wolfe.office@gmail.com . Reports of bidding errors must be made via e-mail; phone reports will not be accommodated. You agree we have the final determination if the "error" can be removed. 18. Sever and Software Technical Issues: In the event there is any technical issues related to the software, server, or any other auction related technology Wolfe Auction and Reality reserves the right to change, cancel or extend the bidding at our discretion and should not be held responsible for any missed bids. Emails will be sent out if these errors do occur. 19. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close. Bids will not be retracted at any time. You agree we have the final determination if the "error" can be removed. 20. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer. 21. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant, or condition as applied to other persons, places and circumstances will remain in full force and effect. 22. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Missouri. 23. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Callaway County, Missouri's Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis and will not be consolidated with any claim made by another party. Venue in every case will be Callaway County, Missouri. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs. 24. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
Steedman, Missouri 65077
United States
Pickup Day: Tuesday Nov 21, 2023 11:00am-5:00pm