All items are sold "As Is, Where Is" with NO warranty or guarantee. All sales are final. There are no warranties, expressed or implied, statutory or otherwise as to the condition, hours, acres counts, years or general condition of the item. Items are available for inspection and preview prior to the start of the auction.
NO BUYERS PREMIUMS OR HIDDEN FEES! FREE LOADING AND UNLOADING!
The buyer relies exclusively on his/her pre-auction inspection and each lot is sold with all fault and defects therein. The buyer shall take full responsibility and assume all risk of said equipment and or items from the time the auction company accepts the final bid from the buyer. Please inspect before you bid and buy.
Terms of the sale are cash, good check, Master Card, Visa or Discover. All items must be paid for the day of the auction with no exceptions, 7% sales tax where applicable. Credit card convenience fee of 3%. Wire transfer fee of $20. Returned check fee of $50.
After buyer places a bid, it cannot be retracted. After a bid is made, said bid will be accepted at the sole discretion of Joel's Tractors & Auction, LLC and if accepted, creates a legally binding contract.
Buyer specifically acknowledges that Joel's Tractors & Auction, LLC's policy on bid retraction supersedes any contrary provisions of Iowa sale by auction or other applicable law.
Any individual found tampering with items on this auction will be prosecuted to the fullest extent of the law.
Buyer will indemnify and hold Joel's Tractors & Auction, LLC (and our affiliates and subsidiaries, as well as their respective officers, members, agents and employees) harmless from any claim or demand, including legal fees made by any third party due to or arising out of your breach of this agreement, your improper use of Joel's Tractors & Auction, LLC's services or your breach of any law or the rights of a third party.
You agree that the laws of the State of Iowa will govern the terms and conditions between you and Joel's Tractors & Auction, LLC, except as otherwise stated in the terms and conditions.
You agree that any claim or dispute that has arisen or may arise between you and Joel's Tractors & Auction, LLC must be resolved exclusively by Clayton County Court in the State of Iowa.
Disputes concerning federal law will be resolved in the United States District Court for the Northern District of Iowa.
You and Joel's Tractors & Auction, LLC agree to submit to the personal jurisdiction of the courts located with Clayton County, Iowa for the purpose of litigating all such claims or disputes.
If any provision of these terms and conditions are held to be invalid, void or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
If buyer fails to pay in full, buyer:
A) Authorizes owner and/or auction company to resell such property at any time at public or private sale
B) Agrees to indemnify owner and/or auction company against all loss or damage upon sale, together with cost and expenses thereof, including attorney's fees allowed by law, if any
C) Agrees to pay auction company interest of 1.5% per month on unpaid balance.
Buyer accepts full responsibility for all purchases made and holds the company free from any liabilities including theft of items
All items must be picked up within 30 days. Items are considered abandoned if not picked up within 30 days of purchase. If an item is abandoned, buyer is still responsible for storage fees of $200 and any other damages incurred by Joel's Tractors & Auction, LLC as set forth in these terms and conditions.
The bidder is bound by these terms.