William Krodel Estate Auction
100% Online Bidding
Thursday May 13 6:00
5532 W 900 N
Preview this Auction on Wednesday May 12 5:00-7:00
Pickup Saturday May 15 9:00-3:00
Session 1 Features:
John Deere 775 utility tractor with loader 300 hours
John Deere 7 backhoe attachment
John Deere 4' 3 point rototiller
John Deere 3 point post hole digger
John Deere Gator AMT 622
John Deere F-912 72" Front Mount mower
Kawasaki 1100 motorcycle
hand and power tools; ground care tools; gardening supplies; bricks; ladders; a few collectibles; Shopsmith; pressure washer; Troy Bilt Horse rear tine tiller;
Dining Room suite by Stanley; Thomasville King size bedroom suite; Drexel heritage dinette set; Lazy Boy recliners; Rattan furniture; LG Steam washer and Dryer; Household furnishings and more
Silver coins; Sterling Silver flatware; NZG German diecast construction models; glass and china; books; electronics and more!
Bid Your Price!
AUCTION BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. If you bid $100.00, you will be charged $115.00. No Sales Tax
PAYMENT: Accepted forms of payment include Visa, MasterCard, Discover, American Express, local check & cash. Vehicle assets must be paid using cash, certified check or wire transfer (Credit Cards are not an acceptable payment method for vehicles). Payment must be made prior to picking any items up. If you intend to pay by cash or local check, please include a note to the auctioneer at registration, or your credit card will be charged at the conclusion of the auction.
STAGGERED/DYNAMIC CLOSING: The auction will go live Wednesday April 28, 2021, Through Thursday May 13 , 6:00PM EST.
PREVIEW: Wednesday May 12, 2021 from 5:00-7:00PM
LOAD OUT: Winning bidders may pick their items up at 5532 W 900 N McCordsville, IN On Saturday May 15, 2021 by scheduled pickup. Between the Hours of 9:00-3:00. Please bring any boxes, packing materials, tools, moving equipment, and loading labor you might need.
Shipping Arrangements must be made through our office. Items not picked up will be considered abandoned, and will be sold for storage. If you can not make this pick up window please DO NOT BID!
WARRANTY & CONDITION OF ITEMS SOLD: All items are sold 'AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. Items part of a court ordered sale are subject to court approval.
CAUTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description.
CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.
Server & Software Technical Issues: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Burgess Auctions LLC reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR BURGESS AUCTIONS LLC SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Burgess Auctions LLC. The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times.
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1. Services Generally. Any users who choose to conduct or participate in auctions using our Services are acting on their own behalves and are responsible for any actions that they may take with respect to any auctions or related transactions that they may enter into. We do not represent any users of our Sites or Services, and we are not a party to any transaction that may occur between users. You are solely responsible for resolving any disputes that you have with other users of our Sites or Services, whether as a visitor, Bidder, or Seller. However, we may, in our sole discretion, monitor or inquire about disputes or issues between users in order to protect our Sites and Services and address potential non-compliance of these Terms by a user.
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1. for Bidders to view their bidding history;
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1. modify or alter any Auction Information, content, materials or portions of our Sites or Services in any way;
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WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR USER CONTENT.
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Any users located outside the United States must comply with laws, regulations, rules and regulatory orders of the United States, including the Foreign Corrupt Practices Act and the U.S. Export Control Act, in addition to applicable local laws. You may not use our Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions. You are solely responsible for compliance with any and all applicable laws, rules and regulations relating to export and import requirements or restrictions.
Please be aware that, even though we are not a party to any transaction between users and we assume no liability for legal or regulatory compliance pertaining to Listed Item(s) on our Sites or Services, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to auctions and bidding conducted using our Services and Listed Item(s) in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
10. Taxes. We are required by Indiana Law to collect and remit sales tax. We will collect 7% Indiana sales tax and remit it to the proper authority, when required by law. All buyers are required to pay Indiana sales tax unless they have properly filled out and signed and have on file in our office a properly executed IN-ST105 form. Generally speaking, it is the Seller's responsibility to determine what taxes, if any, apply to a transaction and to collect, report, and/or remit the correct tax to the appropriate tax authority; however, to the extent that you have any questions about your own payment, collection, reporting or remittance obligations, you should consult a qualified tax advisor.
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12. Disclaimer; No Warranty.TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITES AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE LISTED ITEM(S) WILL PROPERLY FUNCTION OR OPERATE WHEN YOU RECEIVE THEM, NOR THAT THEY WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER YOU RECEIVE THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITES, SERVICES OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.
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14. California Notice. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
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IN NO EVENT SHALL THE TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS, THE PURCHASE, SALE OR USE OF ANY LISTED ITEM(S), OR YOUR USE OF OUR SITES OR SERVICES EXCEED, IN THE AGGREGATE, THE LESSER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE TOTAL FEES EARNED BY US IN CONNECTION WITH THE LISTED ITEM(S) TO WHICH THE APPLICABLE CLAIM RELATES.
1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Indiana without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Henry County, Indiana, USA for any dispute arising out of these Terms.
2. Translations. For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.
3. Amendments. We may modify, add, or remove any portion of these Terms (including any Bidder User Terms, Seller User Terms and Conditions incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Sites and/or Services. Once posted, such changes shall come into full force and effect.
4. Entire Terms. The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms. Collectively, the foregoing constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
5. Advice. Any guidance, discussions, or advice provided by Burgess Auction, its employees, independent contractors and agents related to using our Sites and Services, including but not limited to guidance for placing and/or bidding on Listed Item(s), is intended for general information purposes only. It is not intended as legal advice, and you agree that you will independently evaluate and not rely on such advice for any purpose.
6. Headings. Headings used in this agreement are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of this agreement.
7. Reformation. If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable.
8. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 5, 9, 10, 14, 15, 16, 17, 18, and 19.
9. Severability. If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.
10. Successors and Assigns. These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party.
11. Waiver. No delay or omission by a party in exercising any right under these Terms shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
12. Conflicts. The provisions set forth in these Terms shall prevail over a conflicting provision (if any) set forth in the Bidder User Terms or Seller User Terms.
17. International Availability. We do not represent that our Sites and Services are available worldwide, or that bidding, or any proposed purchase and sale transactions between users can occur in every location in the world. You agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, applicable laws regarding the transmission of data exported from the United States to the country in which you reside. Please note that additional or different terms may apply if you reside outside of the United States. Please click on the location link below for more details:
Last Updated 3 June 2020
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