Wilson Creek Auctions® Terms & Conditions
All online auction sales will be conducted according to the following plus any other conditions added via email or posted on this web site. In bidding, you consent to be bound by these terms and conditions.
1. Full Name and Address Required: All bidders must provide their full name, address, daytime/evening phone number, and driver's license number. Wilson Creek Auctions reserves the right to deny registration.
2. Deposit May Be Required: A cash deposit may be required to register or to continue bidding after a stated high bid has been reached.
3. Sold to Highest Bidder: All items in the auction will be sold to the highest bidder unless the seller has a minimum reserve price. In this case the bid price is subject to the seller's confirmation. Disputes over the winning bid price or any other problem will be settled according to records kept by Wilson Creek Auctions.
4. Bidder Inspection and "As Is, Where Is" Condition: When Inspection Times are provided, bidders should examine and inspect items prior to bidding. In all cases, all items are sold AS IS, WHERE IS WITH ALL FAULTS. The seller and Wilson Creek Auctions expressly disclaim any warranty concerning the condition, quality, and nature, fitness for particular purpose, value or merchantability of any item. No allowance will be made for errors in cataloging, genuineness, defects or imperfections not noted. Online photographs are provided for bidders' convenience and will not be interpreted to create representations or warranties for any item. Wilson Creek Auctions relies upon information from the seller concerning all items and makes no investigation or warranty about the accuracy or completeness of this information.
5. Removal and High Bidder's Responsibilities: All removal is at the expense, liability, and risk of the purchaser including disconnecting of utilities. Rights of the high bidder to purchase the item end on the last day and time of announced checkout. At this time, the item(s) will be considered abandoned by high bidder. Wilson Creek Auctions reserves the right to dispose of the item(s) according to its discretion. Any high bidder that fails to complete a transaction will be held responsible for all damages resulting from that action include, but not limited to, storage costs, interest, filing fees, and attorney's fees. Items paid by the high bidder but not removed by the announced checkout will be considered abandoned, and will be disposed of at the discretion of Wilson Creek Auctions. A refund will not be given.
6. Claims and Non-Delivery: No claims will be allowed after an item has been removed from the auction site. Neither Wilson Creek Auctions nor the seller shall be held liable for non-delivery to any high bidder of any item. If payment has been made the high bidder shall receive a refund for the sum paid. This guarantee of refund shall be null and void if high bidder fails to remove item before the last day of announced pickup/removal times. In no event shall Wilson Creek Auctions be liable to any bidder for any act or omission occurring in connection with the auction for an amount that exceeds the amount that such bidder has actually paid to Wilson Creek Auctions, as a deposit or as payment for a purchased item.
7. Item Offerings and Removals: Wilson Creek Auctions according to its discretion may offer items by the piece or by the lot. It also may intersperse the auction with items from various sellers. The seller, with the consent of Wilson Creek Auctions, has the right to remove items from the auction before or after bidding is completed. In the event of removal after bidding is complete, the high bidders sole remedy shall be the refund of the amount actually paid if payment has been made.
8. Auction Participation and Compliance with Terms: By participating in an auction, bidders represent, irrefutably warrant and covenant that:-They shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of the auction.-They have the capacity to close the transaction and that any bid they make on the item constitutes an irrevocable offer to buy the item for the full amount of the bid plus 13% buyer's premium and applicable taxes-They have the legal authority to enter into an agreement to purchase the item-They shall forfeit all deposits or otherwise pay as liquidation damages all monies paid if payment is not made in full by the time specified.
9. Auction Participation and Bidding Errors: Immediate notification is required if a mistake is made in bidding. Bidders may still be held responsible for the bid.
10. Wilson Creek Auctions as Agent Only: Wilson Creek Auctions is acting only as an agent, and is not responsible for the action of the principals.
11. Item Removal from Auction Site: Wilson Creek Auctions will announce the removal or "check-out" period for each auction on that auctions online site. Online auctions will have the details posted on the auction event page. Wilson Creek Auctions will assume no responsibility for any part of item removal. High bidders/purchasers will assume sole responsibility and risk for disassembling, disconnecting, loading and trucking all purchased items. Purchasers will repair personal property that is altered or damaged in the removal of their items.
12. Malfunction, Shutdown, Loss of Service: The results of the auction may be rendered void if malfunction, shutdown, or temporary loss of service occurs. In such an event, Wilson Creek Auctions reserves the right to remedy the situation in whichever way best represents the seller, including the cancellation of existing bids. Wilson Creek Auctions shall not be held liable in any way for any malfunctions, shutdowns, or loss of service.
13. Auction Closing, Payment and Pickup: Each auction has its own ending time listed on that auction's site and in advertisements. Auctions end automatically at this time unless the two-minute extended bidding is in effect. Notification/invoices will be sent to winning bidders. In the event that you have not received your notification/invoice by the afternoon of the day following the closing of the auction, please contact Wilson Creek Auctions at 715-505-4363. High bidders/purchasers are expected to make arrangement for removal, riggers etc. so that they can conform to the pickup days allotted. Methods of payment include: Cash, Cashier's Checks, Money orders (payable to Wilson Creek Auctions), PayPal and credit or debit cards (3% Fee). Payment is made by PayPal the day before pickup or by guaranteed funds at the auction site when picking up. All high bids are subject to applicable sales tax. A 13% buyers fee will apply to all purchases. For resellers or tax exempt, provide a copy of your state exemption certificate.
14. Indemnification and Acceptance of Auction Terms by Bidders: Purchaser and Bidders agree to indemnify and hold harmless both the seller and Wilson Creek Auctions from and against all claims and liabilities resulting from online auction, including but not limited to: proximate or consequential damages, failure to comply with local, state, or federal laws, and cost of legal expenses arising there from. No person shall have any claim against Wilson Creek Auctions, their respective agents or employees for any injuries sustained or damages to or loss of property that may occur at the auction site.
These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to conflict of law's provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Wisconsin located in Chippewa County. In bidding, you consent to agreeing with all the Terms and Conditions stated above and any auction specific terms posted on each auctions event page and/or terms emailed to you and or terms posted on WilsonCreekAuctionsLLC.com.
BY REGISTERING FOR THIS SITE, YOU STATE THAT YOU HAVE READ THE BIDDER CONTRACT AND HEREBY AGREE TO THE ABOVE TERMS AND CONDITIONS OF AUCTION.