INTEGRITY SALES & AUCTION LLC
Contract Notice. These Terms and Conditions (the “Agreement”) constitute a legally binding CONTRACT between you (“Bidder/Buyer”) and Integrity Sales & Auction LLC (“ISA,” “Auctioneer,” or “Auction Company”). DO NOT BID unless you understand and agree to ALL terms. By registering, bidding, or buying, you affirm you have read, understand, and agree to be bound by this Agreement. All bidders must be 18 years of age or older.
1. Buyer’s Premium & Sales Tax A Buyer’s Premium is added to the high bid amount to determine the total purchase price. An Internet Buyer’s Premium of 10% applies to all internet bidding and purchases. When and where on-site bidding is available, a tiered On-Site Buyer’s Premium applies as follows: 10% on the first $2,500 per item and 5.5% on any amount above $2,500 per item. Notwithstanding the foregoing, Buyer’s Premium rates may vary for specific auctions or individual lots if expressly disclosed in the applicable auction listing, lot description, or auction-specific terms. In the event of any conflict, the auction- or lot-specific Buyer’s Premium terms shall govern. Sales tax, if applicable, will be charged based on the applicable tax rate(s) for the county in which the lot is located unless a valid sales tax exemption form is provided and accepted.
2. Auction Format, Bids, and Finality of Sale Bidder is solely responsible for maintaining the security of their account and bidder number. All activity conducted under the bidder’s account shall be deemed authorized by the bidder. The Auctioneer reserves the right to accept or reject any bid and to withdraw any item(s) from the sale before or during the auction without prior notice, where permitted by law. All bids are final. As the highest bidder, you are the Buyer and are bound by the terms and conditions of this Agreement. ALL SALES ARE FINAL. There are no refunds, exchanges, or refusals.
3. Payment Terms; Accepted Payments Full settlement is due within 3 business days of the day of sale. Credit/debit card on file will be charged if payment is not made within 3 business days. Accepted Payments: Cash , Wire Transfer, Cashier’s Check / Money Order, Personal / Business Check with bank letter of guarantee , Visa, Mastercard, Discover, or American Express. A 3.5% Service Fee is applied to all invoice totals. This Service Fee is part of the total purchase price and covers administrative, payment processing, and operational costs. In addition, ISA provides a 3.5% Payment Method Discount to Buyers who pay by Cash, Wire Transfer, Cashier’s Check / Money Order, Personal or Business Check accompanied by a bank letter of guarantee. The Payment Method Discount is applied at the time of payment and is not available for payments made by credit or debit card. Buyer agrees not to initiate chargebacks or payment disputes without first contacting ISA. Buyer shall be responsible for all chargeback fees, bank fees, collection costs, attorney fees, and interest at 1.5% per month on unpaid balances. No items may be removed without payment by check with bank letter of guarantee, wire transfer, cash, or credit card, and/or confirmation of cleared funds as determined by ISA. Checks without a bank letter of guarantee must clear the bank before items may be removed. Buyer further acknowledges ISA’s right to apply any payment received (regardless of invoice designation) to any past due, or otherwise outstanding, invoice(s), fees (including storage fees), interest, collection costs, or other debt owed by Buyer to ISA, in ISA’s sole discretion. Buyer waives any right to direct application of payment unless agreed in writing by ISA.
4. Title/Registration Fees For any lots that include a title, the Buyer is responsible for all title transfer costs, registration fees, plate fees, taxes, and any other applicable governmental fees. In addition, Buyer agrees to pay ISA a $100 Title Service Fee per titled lot for processing and administrative handling.
5. Removal, Storage Fees & Abandonment Notwithstanding the provisions set forth in this Section, the removal deadlines, storage fees, abandonment timelines, and forfeiture terms for a specific auction event or individual lot may differ from the standard terms stated herein if expressly disclosed in the auction listing, lot description, auction terms, invoice, or other written communication issued by ISA. In the event of a conflict, the auction- or lot-specific terms shall govern. Unless otherwise stated in the applicable auction or lot-specific terms, if an item is not removed within thirty (30) days after the date of sale, the item shall be considered abandoned without refund or recourse. ISA may dispose of, resell, or scrap the item at its sole discretion. Buyer remains liable for all accrued storage fees and any costs associated with removal, disposal, resale, and/or collection, including attorney’s fees. Items must be removed by the third Friday following the auction event start date (the “Pickup Deadline”) unless otherwise stated in applicable auction or lot-specific terms, without regard to auction close date, invoice date, or payment date. Beginning the day after the Pickup Deadline, storage charges accrue at $25 per item per day unless an alternative arrangement is approved in writing by ISA. Storage fees must be paid in full before release. Storage fees are charged per item, per calendar day, or any portion thereof. If an item is not removed within 30 days after the date of sale, the item shall be considered abandoned without refund or recourse. ISA may dispose of, resell, or scrap the item at its sole discretion. Buyer remains liable for all accrued storage fees and any costs associated with removal, disposal, resale, and/or collection, including attorney’s fees. Removal is by appointment or during posted yard access periods, subject to staffing, safety rules, and site conditions. ISA reserves the right to control access to the premises. ISA shall not be liable for delays or inability to perform removal due to weather, acts of God, governmental orders, labor disruptions, site access restrictions, or other circumstances beyond ISA’s control.
6. Buy-It-Now All Buy-It-Now listings include the 10% buyer’s premium in the price listed. If you choose to buy an item using the Buy-It-Now option, all auction terms apply. Items are sold AS-IS / WHERE-IS. Payment for Buy-It-Now purchases are due within 3 business days unless otherwise approved in writing by ISA. Buyer shall have 14 days from the date payment is made to remove the item unless approved otherwise in writing by ISA. Storage fees may apply.
7. Offsite Items Any items located offsite are by appointment only unless stated otherwise in the item listing. Contact details will be included in the paid-in-full invoice.
8. Freight, Handling and Shipping Buyer is responsible for all freight, handling costs, rigging, loading, and taxes where applicable. Integrity Sales & Auction LLC does not arrange or schedule shipping; it is the Buyer’s responsibility to make shipping arrangements. Recommended shippers:
https://www.integritysales.com/transport-hauling
9. Inspection; Descriptions; No Warranties All items are sold AS-IS / WHERE-IS with no warranty or guarantee, expressed or implied. In no event shall a bidder or buyer hold ISA responsible for having made or implied any warranty of merchantability or fitness for any particular purpose. ISA is acting solely as agent for the Seller(s) and is not responsible for any acts or omissions of its principals. ISA assumes no liability for representations made or information provided by the Seller(s). ISA does NOT inspect equipment and makes no claim as to the condition of any vehicles or equipment. Some equipment may be described as having started or ran. This is for informational purposes only and is a representation of a past occurrence. There is no warranty or guaranty that the equipment will start or run again. Years, descriptions, makes, models, hours, miles, and other advertised information are not guaranteed. Bidder must bid based on their own pre-auction inspection of all items.
10. Lot-Specific Terms; Special Conditions Certain auction lots may be subject to additional, modified, or different terms and conditions that are specific to that lot (“Lot-Specific Terms”), including but not limited to special payment requirements, deposits, pickup or removal conditions, dismantling requirements, timing requirements, regulatory or environmental compliance obligations, seller approval, buyer qualifications, escrow requirements, title or export conditions, or other lot-specific obligations. Lot-Specific Terms may be stated in the lot description, catalog listing, auction announcement, invoice, bid confirmation, or other written communication issued by Integrity Sales & Auction LLC (“ISA”). Lot-Specific Terms are hereby incorporated into and made part of these Terms & Conditions by reference and shall control and govern solely with respect to the applicable lot in the event of any conflict with these general Terms. By placing a bid on a lot, the Bidder acknowledges and agrees that they have reviewed, understood, and accepted all Lot-Specific Terms applicable to that lot, and that such terms are binding and enforceable as a condition of the sale. ISA reserves the right to add, modify, clarify, or supplement Lot-Specific Terms for a lot at any time prior to the close of bidding for that lot, provided such Lot-Specific Terms are communicated in writing through the auction platform, lot description, catalog update, invoice, or other written notice. Continued bidding or failure to revoke a bid after such notice constitutes acceptance of the updated Lot-Specific Terms.
11. Data Security; Cyber Incident Disclaimer Buyer acknowledges and agrees that online registration, bidding, and payment processing inherently involve the transmission and storage of data via third-party systems and networks. ISA does not control the security of all third-party networks, hosting providers, bidding platforms, processors, or communications infrastructure. To the fullest extent permitted by law, ISA shall not be liable for any damages, losses, costs, or claims arising from or related to unauthorized access, hacking, data breaches, malware, ransomware, or other cyber incidents involving Bidder’s personal or financial information, except to the extent such liability cannot be limited under applicable law. Buyer agrees to release and hold ISA harmless from any such claims, including claims for consequential, special, incidental, or punitive damages.
12. REAL ESTATE TERMS (LAND & PROPERTY) The following terms apply exclusively to real estate / land parcels offered in this auction and supersede any conflicting equipment-related terms:
A. Auction Type & Seller Approval All real estate parcels are sold subject to seller approval. The Seller may accept or reject the high bid at its sole discretion.
B. Property Condition All real estate sells AS-IS, WHERE-IS with all faults. ISA makes no representations or warranties, expressed or implied, concerning the property. Descriptions are believed to be correct but are not guaranteed and are provided by the Seller.
C. Inspection & Due Diligence By registering and bidding, Buyer acknowledges they have personally inspected the property, hired an agent to inspect the property, or waived the right to inspect. Buyer is responsible for conducting all inspections and due diligence prior to bidding. All due diligence periods end prior to the end of the auction.
D. Access; Covenants; HOA Property may be subject to restrictive covenants and homeowners association rules, regulations, and dues. Ultimately, Buyer is responsible for inspecting all aspects of the property before bidding. All parcels are guaranteed access. If there is no access to a parcel, a 33' easement for public access may be granted at ISA’s discretion.
E. Deposit & Payment Methods Land lots may be paid with wire transfer, bank check, or personal/business check with bank letter of guarantee. A 10% down payment is required within 72 hours of the close of the auction.
F. Closing Closing will happen within 60 days of the auction unless agreed otherwise. Closing costs are covered by the Buyer. ISA will choose the title company and, if needed, the surveying company. Buyer must hire an attorney to act as settlement agent, including preparation of settlement statement, distribution of funds and recording of required documents.
G. Buyer’s Closing Costs Buyer’s closing costs may include new boundary survey, title search fees, title insurance premiums, recording fees, prorated items, and any other fees required for closing.
H. Seller’s Closing Costs Seller’s closing costs are limited to their portion of prorated tax, revenue stamps, and cost of deed preparation.
I. Contract to Purchase; No Contingencies Placing a bid creates a contractual agreement to purchase the property at the high bid price plus Buyer’s Premium and any additional fees included in closing. Sale is not contingent on financing, inspections, or other conditions.
J. Finality of Real Estate Sale All property in this auction is sold AS-IS, WHERE-IS with all faults. No sale shall be invalidated by the Buyer due to failure to conduct inspection or due diligence. All sales are final.
13. Release, Indemnification, Assumption of Risk Anyone under 18 must be accompanied by an adult. ISA’s total liability, if any, shall not exceed the amount of the Buyer’s Premium paid. In no event shall ISA be liable for incidental, consequential, special, or punitive damages, to the fullest extent permitted by law. This limitation includes unauthorized access resulting from compromised login credentials, phishing, malware, or third-party system breaches. Bidder and Bidder’s agents and employees specifically release and forever indemnify Auctioneer, its employees, agents, and assigns, from any liability and causes of action arising out of or related to the auction, inspection, purchase, removal, possession, transportation, storage, or use of any item. Persons attending preview/inspection, auction, or removal assume all risks of damage, injury, or loss to person or property and release ISA from liability thereof. Neither ISA nor its principals shall be liable for any defect or condition of premises on which the auction is held. Bidder accepts full responsibility for all purchases made and holds Auctioneer free from any liability including theft of items. By participating, Buyer agrees to pay removal costs of any unclaimed items won in the auction.
14. Bidding Conduct; Authorized Users; Seller/Auctioneer Bidding Integrity Sales & Auction LLC shall not be prohibited from purchasing auction items for its own use or benefit. ISA may place absentee bids on behalf of registered bidders. Such bidding is disclosed by these Terms and permitted under applicable law. All auctions are with reserve unless specifically stated otherwise. Auctioneer may bid on behalf of absentee bids. Owners and Owners’ employees may bid on items in the auction where permitted by law and disclosed herein. Should the Bidder allow others to bid under their bidder number or bidder account, Bidder will be fully responsible for all bids made.
15. Default; Interest; Collection; Repossession In the event Buyer fails to pay in full within 3 business days of the day of sale, Buyer agrees to indemnify the owner and/or Auctioneer against all loss or damage upon resale, together with costs and expenses thereof, including attorney’s fees, and agrees to pay interest of 1.5% per month on the unpaid balance. Buyer agrees to reimburse ISA for all expenses incurred in collection of any unsatisfied debt. ISA reserves the right to repossess any items in the event of non-payment, returned payment, or payment failure, including due to a bad check.
16. Internet Bidding Platform; Technology Disclaimer Bidder acknowledges that ISA does not have responsibility or liability for the website(s) used for internet bidding and may not control or guarantee operation or performance. Interruptions and delays may occur. ISA shall not be held liable for lost profits or special damages or responsible for the function of the website or its inability to function. Hardware/software malfunctions, viruses, and similar issues may occur and are beyond ISA’s control. ISA reserves the right to deny any person for any reason permission or access to bid.
17. Contact & Communications Consent By registering for this auction, Bidder provides express consent to ISA to send electronic or printed advertisements from time to time, including but not limited to email and text message/SMS marketing and printed advertisements. Bidder may unsubscribe from digital marketing at any time. Consent to receive communications is not required as a condition of bidding or purchase. Opting out of marketing does not opt Bidder out of transactional communications (invoices, payment, pickup, account notices).
18. Venue; Rights Reserved; Amendments Any disputes resulting in legal matters shall be addressed in Lincoln County Circuit Court. ISA reserves the right to update the terms and conditions at any time. Terms and conditions are subject to change. This Agreement shall be governed by the laws of the state in which the auction is conducted, without regard to conflict of law principles. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms and Conditions, together with the auction listing and invoice, constitute the entire agreement between the parties. No oral statements or prior representations shall modify these Terms.
