Landscaping trailer with drop gate

**Auction Terms & Conditions:**

1. **Terms & Conditions of Sale:**  The conditions outlined herein constitute the complete terms and conditions for the auction items offered by Michael Hoffman, Auctioneer, and Hoffman Auctions. Participation in this auction through bidding signifies agreement to these terms and conditions. Any announcements made during the auction, whether orally or displayed, form part of this agreement. By accepting a bidder card, number, or completing online registration, you acknowledge and accept these terms. It's important to note that bidders are solely responsible for their actions, including mistakes such as bidding on an incorrect item.

2. **Buyer's Premium:**  A 10% premium will be added to the final bid price of each item, forming the total purchase amount. This fee applies regardless of the payment method, meaning a $100 bid will result in a $110 total charge.

3. **Method of Payment:**  For high-value items, such as vehicles or boats, payments are restricted to wire transfers or cash. Bidders must register with a Visa or Mastercard, but chargebacks are not permitted. The auctioneer may require a wire transfer as payment to ensure transaction security. All sales are conclusive and sold "As Is," with no returns or guarantees on item conditions.

4. **Terms of Payment & Transfer of Title:**  The auction's conclusion marks the final sale, binding the buyer to the purchase under these terms. Payment is due within three days, and ownership transfers only after full settlement, including any shipping costs. Buyers are advised against initiating chargebacks. Any disputes should be directly addressed with the auction house, and unauthorized chargebacks will attract a $50 administrative fee.

5. **Non-Payment:**  If full payment is not received by Michael Hoffman, Auctioneer within three (3) days following the sale, through cash or verified wire transfer, we reserve the right to take measures including, but not limited to: (a) applying a late fee of 1.5% per month on the outstanding amount; (b) initiating legal action to recover the total due plus interest, legal fees, and costs; (c) canceling the sale; (d) reselling the item with terms set by us and charging the defaulting buyer for any shortfall and related costs, including commissions on both sales; (e) barring the buyer from future auctions; (f) taking other actions deemed appropriate. Defaulting buyers also grant us a security interest in any of their property in our possession as collateral security.

6. **Withdrawal:**  Michael Hoffman, Auctioneer reserves the right to withdraw any item from the auction at any time before the sale is finalized for any reason.

7. **Protests, Disputes, and the Auctioneer:**  We reserve the right to reject any bid and the highest bid acknowledged by the auctioneer will secure the purchase. In case of a dispute, the auctioneer has the final discretion to resolve the issue, which may include re-offering and reselling the item in question. Our records will be considered conclusive in any dispute following the sale.

8. **Failure to Deliver Purchaser's Property:**  If Michael Hoffman, Auctioneer cannot deliver an item due to fire, theft, or any other reason, our liability is limited to the amount actually paid by the purchaser, with no additional or consequential damages.

9. **Catalog and Descriptions:**  Catalog entries and other descriptions by Michael Hoffman, Auctioneer are opinions and should not be treated as factual statements. Every effort is made to accurately catalog and photograph lots, but liability for accuracy in descriptions, images, or estimates is not assumed. Dimensions and weights are approximate. Absence of condition references or incomplete visual details does not indicate perfect condition. Estimates are not reliable indicators of final selling prices or values. Neither Michael Hoffman, Auctioneer nor the seller is liable for catalog or supplemental material errors.

10. **Buyer's Responsibility:**  Prospective buyers bear the responsibility for personally inspecting or verifying satisfaction with lots of interest. Bidding signifies that you have either inspected the lot to your satisfaction or chosen not to. For absolute certainty, especially regarding authenticity or condition, consider consulting an independent expert before bidding. It is the bidder's duty to determine all relevant factors about the lot. Pre-bid inspections are strongly recommended.

11. **Guarantee:**  All items are sold "AS-IS" with no warranties or guarantees provided. All sales are final, with no returns or exchanges. Catalog descriptions represent opinions, not factual statements or guarantees. Errors in descriptions are possible. Viewing items personally or consulting an expert is advised, as condition statements are subjective opinions, not factual guarantees. No Michael Hoffman, Auctioneer employee or representative is authorized to make any warranties regarding any lot.

12. **Absentee Bidding:**  Michael Hoffman, Auctioneer offers absentee bidding as a convenience, without establishing an agency relationship with bidders. The auctioneer's primary duty is to the sellers. The ownership of any auctioned item is not disclosed. Absentee bids are executed as if the bidder were present, with no liability assumed for execution failures.

13. **Reserves:**  Certain lots may have a reserve price, the minimum threshold below which the lot will not be sold. Michael Hoffman, Auctioneer retains the right to disclose or not disclose the reserve amount. We may also bid on behalf of the seller for lots under reserve to reach the minimum selling price.

14. **Telephone Bidding:**  This auction does not accommodate telephone bidding.

15. **Shipping:**  Michael Hoffman, Auctioneer may directly handle the shipping of most items. External shipping companies will manage other deliveries, carrying their own insurance. Direct any loss or damage claims to the respective shipping contractor. We will facilitate packing and shipping as promptly as possible. Shipping costs, including packing materials, insurance, and handling fees, are the purchaser's responsibility. For firearms, a licensed FFL will manage paperwork and shipping to the purchaser's FFL, with all associated costs borne by the purchaser. Items must be insured and require signature confirmation. Unclaimed items within 20 days revert to Michael Hoffman, Auctioneer's ownership. Our packing service is billed at $60/hour plus material and shipping costs. We cannot estimate shipping costs in advance. Full payment for shipping and handling must be received before release. We assume no liability for international shipment losses or damages, and tracking or insurance may not be available for all services. All shipping claims must be filed within three business days of delivery. Unpaid shipping invoices within 24 hours will be charged to the registered credit card. Tracking for firearm shipments is not provided to prevent unauthorized redirection.

16. **Auctioneer Recognition of Bids:**  The auctioneer will consider bids from various sources including the live audience, online platforms, absentee bidders, and, where applicable, phone bidders. Bidding increments are at the auctioneer's discretion, aiming to best serve the seller's interests. In cases where an in-person bid matches an online bidder's maximum, the auctioneer's acknowledged bid prevails, irrespective of the timing of bid submissions.

17. **Technology Issues:**  Should technical difficulties arise post-lot closure, such as software malfunctions or internet disruptions, we reserve the right to reopen affected or all lots for additional bidding. Major outages may prompt a complete auction reopening at a later date, with previously "closed" lots made available for new bids. Final sale confirmations, including invoicing by the auction company, will proceed only in the absence of such issues. We are not liable for missed bids or software failures, and registered bidders will receive email updates as necessary.

18. **Disputes under This Contract:**  In case of disputes arising from auction participation or transactions, except for non-payment by the purchaser, both parties agree to first seek mediation, bearing its costs solely on the purchaser. Direct court proceedings may follow if mediation fails, with all legal actions confined to Fairfield County, Ohio. Any initiated legal action without prior written notice disqualifies the claimant from recovering attorney's fees. Disputes unresolved by mediation will proceed to binding arbitration in Fairfield County, Ohio, according to American Arbitration Association standards. Participation in the auction signifies agreement to these dispute resolution procedures.

19. **Limitation of Liability:**  All property is sold "As Is" and "Where Is," with no warranties or representations made by Michael Hoffman, Auctioneer, or the consignor/seller regarding the title, condition, merchantability, or fitness of the property. Descriptions, including about genuineness, attribution, provenance, or period, are provided as opinions and not guaranteed. Michael Hoffman, Auctioneer expressly denies any warranty of fitness for firearms and ammunition, which are sold solely as collector's items. It is strongly recommended that a competent gunsmith evaluate these items before use. We do not offer grading on any items and disclaim any guarantees related to grading. By participating in this auction, the purchaser acknowledges that Michael Hoffman, Auctioneer shall not be liable for any direct, indirect, incidental, or consequential damages arising from the purchase.

20. **Load Out:**  Item pickup is available by arrangement, but not on auction day, and storage is not provided. Buyers are responsible for their own loading arrangements. Items not collected within the specified timeframe will be forfeited without alternative arrangements.

21. **Caution:**  Items may be presented together for demonstration but are sold individually. Bidders should verify lot contents based on descriptions, not just visual pairings. Do not assume a lot consists of more than one item simply because they are connected or pictured together.

22. **Catalog Discrepancies:**  Bids should be based on item descriptions, not photographs, as images may not always accurately depict items or colors, and occasional photo mismatches can occur.

23. **Choose Wisely:**  All sales are final. We strive for customer satisfaction with their purchases. However, responsibility for bidding mistakes cannot be shifted to our clients or the auction company. If you bid on an incorrect item or later deem it unsuitable for your intended use, we cannot assume the costs of these errors. In cases of uncertainty regarding an item's condition, completeness, or suitability, we urge you to bid with caution. The onus of bidding decisions rests entirely with the bidder.

24. **Abandoned Lots:**  Items not fully paid for and collected within 30 days from the sale will be considered abandoned, except where prior arrangements have been made with Michael Hoffman, Auctioneer. Abandoned items will not qualify for refunds under any circumstances and will be disposed of at the discretion of Michael Hoffman, Auctioneer. The buyer may incur disposal fees. This policy underscores the importance of adhering to payment and pickup deadlines.

25. **Additional Terms:**  The auctioneer holds the authority to modify the auction inventory, including adding or withdrawing items, adjusting lot compositions, and setting or altering reserve prices and minimum bids. We also reserve the right to alter auction operations, including cancellation, suspension, extension, or rescheduling of items or the entire event, along with adjustments to viewing or collection schedules. Registration for the auction implies consent to join Michael Hoffman, Auctioneer's mailing list, though you may opt out at any time.

Arrangements can be made to pick up bigger ticket items on an agreed date and time. If you need a week or two to send a car hauler, that's not a problem. Full payment will be required prior to such an arrangement. 

Preview: We are adding in an additional preview on Friday, March 8th from 3PM to 5PM ONLY at 15266 Gilchrist Rd, Mt. Vernon, OH. 

The gates will open at 8AM on Saturday, March 9th and vehicles/boats/big ticket items will be offered at Noon so that you have additional time to check them out.