Due to COVID-19, this 4-H auction will be a Live Virtual Auction this year. This is a premium only auction, with no winning bidders taking possession of the livestock. All bids will be donations to the Cowley County 4H'er represented in the photo. Theurer Auction/Realty is donating our services to produce this auction. Payments must be made via check made be made payable to Cowley County Fair Association. Note that you will also receive an invoice via email at the conclusion of the auction that will include all payment instructions. For questions concerning this auction, please contact Cammy Theurer McComb 620.326.7315 or [email protected]
or the Cowley County Extension Office 620.221.5450.
TERMS & CONDITIONS
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING.
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEMS(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
General Terms of the Auction: Information is subject to change. All lots are sold as is, where is, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. All sales are final. No credit card charge backs will be allowed. Purchases may be removed upon receipt of payment in full. Buyers assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone. All statements made prior to the sale of any item take precedence over written material and any prior verbal statements. The auction company is not responsible for accidents, thefts, errors or omissions.
1. Catalog: Theurer Auction/Realty LLC has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All property is sold as is and it is the bidder’s responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Bidders are encouraged to attend the scheduled inspection.
2. Buyer’s Premium & Sales Tax: Does not apply to this auction.
3. Registration: In order to better serve our customers, all bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to assure good communication between Theurer Auction/Realty, LLC and the bidder throughout any transactions. For online bidding, we require you to register with a credit/debit card. The card information is kept confidential and is not automatically charged when you are a successful bidder. Theurer Auction/Realty LLC reserves the right to preclude any person from bidding if there is any question as to the person’s credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder’s user name is offensive to Theurer Auction/Realty, LLC or in their sole opinion detrimental to Bidding Activity, then Theurer Auction/Realty, LLC reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of website use privileges.
4. Payments: If you are a successful bidder, you will receive an email detailing where payments can be sent. Payments can be made in the form of check or cash. Cowley County Fair Association will be handling all payments. Checks can be mailed to Dean Kennedy, Community National Bank, PO Box 637, Winfield, KS 67156.
5. Pick-ups: Does not apply.
6. Shipping: Does not apply.
7. Missing Items: Does not apply.
8. Unpaid Balances: Successful bidder not paying for items within 3 days of the date of the auction will be considered in default. Such default by the successful bidder will result in that bidder’s liability to both the seller and Theurer Auction/Realty. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) seller can resell the items either publicly or privately with Theurer Auction/Realty LLC and in such an event, the buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the seller and Theurer Auction/Realty LLC.
In addition, Theurer Auction/Realty LLC also reserves the right to recover any damages separately from the breach of the buyer. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Theurer Auction/Realty LLC in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Theurer Auction/Realty and any other costs or losses incurred by the buyers failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Sumner County, Kansas, at the option of both the seller and Theurer Auction/Realty LLC. Both the successful bidder and seller shall indemnify Theurer Auction/Realty for and hold harmless Theurer Auction/Realty from any costs, losses, liabilities, or expenses, including attorney fees resulting from Theurer Auction/Realty LLC being named as a party to any legal action resulting from either bidders or sellers failure to fulfill any obligations and undertakings as set forth in this contractual agreement.
9. Technical Issues: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Theurer Auction/Realty, LLC reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software, nor Theurer Auction/Realty, LLC, shall be held responsible for the failure of the software, internet or other technologies to function properly for any reason.
Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Theurer Auction/Realty LLC and the seller and that you, as the bidder, are prepared to purchase items under these terms and conditions.