Auction Terms & Conditions Terms and Conditions Of Auction
Please read and familiarize yourself with these terms and conditions, as you will be bidding strictly according to these terms and conditions.
AUCTION SITE USER AGREEMENT: This is a legal agreement between you, the user or buyer, and Oak Creek Estate Serivces, INC. You must be at least 18 years old to bid. Oak Creek Estate Services, INC., at its sole discretion, may ban from further use any Buyer or Seller which Oak Creek Estate Services, INC. believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined Oak Creek Estate Services, INC. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
REGISTRATION: All Bidders are required to register for a bidder's number to bid on our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete "Terms and Conditions of Auction", and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their bidder's number. Bidder numbers are nontransferable. All bids made by the hold of the number will be the responsibility of the Registered Bidder. All sales are final. No refunds, reductions, returns, or exchanges. Oak Creek Estate Services, INC. reserves the right to refuse any applicant the privilege of bidding on any online auction and to revoke such privilege at any time.
RESERVE ON ITEMS: Items in the online auction may have a reserve and are subject to Oak Creek Estate Services, INC. acceptance and/or rejection of the high bid.
BIDDING: Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included here and elsewhere on our website. The highest Bidder shall be the Buyer and no Bidder shall retract their bid. A Buyer is deemed to have accepted an item or lot when they make their bid. A successful bid at auction constitutes a legally binding contract of sale. All sales are final. Oak Creek Estate Services, INC. reserves the right to reject any and all bids on items and lots. The acceptable bidding increments are established and controlled by Oak Creek Estate Services, INC.
PAYMENT: Payment will be by credit card or cash only. The credit card on file that is used for registration must be kept current. Payment must be made by the scheduled day of pick up. If payment is not made then the credit card on file will be charged the amount of the buyers invoice.
BUYER'S PREMIUM: 10% Buyer's Premium applies to all purchases. Please factor that in when bidding. If you bid $100, 10% buyer's premium would be $10 making a total purchase price of $110.
SALES TAX: All purchases will be subject to 6% Maryland State Sales Tax unless you provide our office with the proper documentation for exemption. Out-of-state buyers must pay sales tax on all items including titled items. The Comptroller of Maryland has ruled that the Buyer's Premium is a part of the sale price and, therefore, taxable.
PAYMENT RESPONSIBILITY: The Bidder hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer, or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Bidder and the Company or individual he/she represents shall both be responsible for the payment of the purchaser price, buyer's premium, applicable taxes, shipping and handling (if applicable) with respect to any and all items and lots for which the Bidder shall be the successful Buyer at the online auction. And, if the Buyer shall tender a credit card in payment for the whole or any part of such purchase price, Buyer's Premium, and applicable taxes, all items and lots sold in reliance on such credit card shall be subject to seizure by Oak Creek Estate Services, INC. and/or their licensees, employees and agents, and at the sole cost and expense of the Bidder in the vent that such credit card shall be dishonored upon presentation for payment. In the event of non-payment, dishonored, or canceled credit card for purchases as stated herein, Oak Creek Estate Services, INC. shall have a possessory lien on said unpaid purchases until such purchases are paid in full. In the event of a lawsuit or legal action taken in connection with or arising out of the terms herein, Oak Creek Estate Services, INC. shall be entitled to recover all costs, expenses, and attorney fees.
PURCHASE PRICE: Note that the purchase price is the total of the bid price, the Buyer's Premium, and the sales tax. We do not accept partial payments. Invoices must be paid in full prior to pick up.
AUTO EXTEND FEATURE: Please note when bidding, there is an auto-extend feature on this online auction system. If someone bids in the last 2 minutes immediately prior to the end of the auction on that item, the online auction system will automatically extend the bidding time for a 2 minute increment (and will continue to do so) until there is a 2 minute period (after the original closing time) where no one bids, then the auction on that item will close. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes from the last recorded bid time, even if the ending time has been reached. This feature has been added to make the online bidding process more fair and resemble a "live" auction.
REMOVAL AND FAILURE TO REMOVE: All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Removal is at the Buyer's sole obligation, cost and risk, and only in a manner approved by Oak Creek Estate Services, INC. All costs, responsibility and risk of such removal shall be the buyers responsibility and, in every case; Buyer will use prudence and care in such removal. Buyers agree to indemnify and save harmless both the Sellers and Oak Creek Estate Services, INC. licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents in connection with the dismantling or removing of any item or lot. Buyers agree that any and all damages to the land or buildings, inside or outside, caused by them must be fixed, replaced or repaired Oak Creek Estate Services, INC's satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and Oak Creek Estate Services, INC. shall have the right but not the obligation, at their sole discretion to resell, discard, or remove and store the items or lots at the Buyers' sole risk and expense, without any notice to Buyer and without waiving any rights that Oak Creek Estate Services, INC. or Seller may have against Buyer. The Buyer understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Seller or Oak Creek Estate Services, INC. without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc., and damage suffered by Oak Creek Estate Services, INC. because of the Buyers failure to remove any item or lot. The Buyer hereby agrees to indemnify and hold Oak Creek Estate Services, INC. and Seller from any and all damages, claims, or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees, or contractors during the viewing and/or removal of any item or lot.
SHIPPING: Shipment of items can be arranged. Shipping and handling will be via United Parcel Service or Fed Ex unless the item is larger and in that case the seller will arrange shipping. Buyer's on file credit card will be charged for full shipping cost (packing, insurance, and delivery) prior to items being shipped.
NON-DELIVERY OF ITEM/S OR LOT/S: In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in full and removed in the proper time frame. The lack of delivery on any part of the Buyers purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will Oak Creek Estate Services, INC. or Seller's liability to the Buyer exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that Oak Creek Estate Services, INC. and Seller shall not be liable for special, consequential, or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Oak Creek Estate Services, INC., licensees, employees, and agents. Delivery in this section refers to the transfer of ownership and the physical delivery of any item or lot to the Buyer.
PREVIEW: The Buyers are afforded a time specific stated opportunity to inspect the items and lots prior to final close of the online bidding for the auction. The Buyer is relying solely on his/her investigations and inspections, and not any representations made by Sellers, Oak Creek Estate Services, INC., their licensees, employees and agents or descriptions posted online. The Buyer hereby waives any and all further inspections. The Buyer fully agrees and understands that they are purchasing each and every item and lot in an "AS-IS", "WHERE-IS" condition, with all its goodness and faults. The Sellers, Oak Creek Estate Services, INC., their licensees, employees and agents, make no representations, guarantees, or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
PERSONAL AND PROPERTY RISK: Persons attending viewing and/or removal of items and lots assume all risks of damage or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held. Oak Creek Estate Services, INC., licensees, employees, agents, and/or Sellers are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Oak Creek Estate Services, INC, and federal, state, and local regulations. Buyer specifically releases Oak Creek Estate Services, INC, licensees, employees, agents, and Sellers from any and all liability thereof.
AS IS - WHERE IS: Each item or lot of items is being sold "AS IS", WHERE IS, with ALL FAULTS and DEFECTS therein, with ALL ERRORS of DESCRIPTION and WITHOUT ANY WARRANTY, expressed or implied, nor as to the merchantability of any item or its fitness for any purpose. Oak Creek Estate Services, INC. expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer's sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described, orally or written, invoiced or cataloged, and no liability will be borne by Oak Creek Estate Services, INC, licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give Buyer all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise, of any nature whatsoever. The Buyer will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and, therefore, Buyer does hereby these presents remise, release, acquit, quit claim and forever discharge Sellers, Oak Creek Estate Services, INC licensees, employees and agents from any and all claims now and in the Future. The Buyer should take the opportunity to inspect all items and lots. All Buyers are urged to physically inspect the item during the inspection period. All sales are final. No bids can be withdrawn during or after the auction for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by Oak Creek Estate Services, INC. Buyer also agrees that any oral, written, or electronic representation made by Oak Creek Estate Services, INC. shall not modify these "AS IS - WHERE IS" terms. Buyer understands that any description given in the catalog or written is not guaranteed and Buyer will rely entirely on his/her own inspection and/or investigations. All information and descriptions contained in advertising this auction are believed correct, but no responsibility is assumed by Oak Creek Estate Services, INC. or Seller for any errors or omissions. Unless otherwise tagged, any bedding or upholstered furniture offered for sale has not been disinfected (Section 24-403; Subsection 54, Annotated Code of Maryland).
DISPUTES: In the event that you have a dispute with one or more users, you release Oak Creek Estate Services, INC. and Provider from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If a dispute arises as to any bidding between two or more Bidders or as to an item or lot, etcetera, Oak Creek Estate Services, INC, at their sole discretion, may immediately put the disputed lot online again for auction or declare the Buyer by decision. The actions and decisions of Oak Creek Estate Services, INC. shall be binding, final, and absolute. Should a dispute arise after the auction, O sales/electronic record will Oak Creek Estate Services, INC. deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises.
CLAIMS: No claims or returns will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Buyer.
THEFT: If a theft has been discovered, the individuals involved will be prosecuted to the fullest extent of the law. Oak Creek Estate Services, INC. reserve the right to inspect all vehicles, boxes, etc.. Instances of theft will result in immediate termination of future bidding and current removal privileges.
FORUM SELECTION AND APPLICABLE LAW: The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in the State of Maryland, the jurisdiction shall be Talbot County and that Maryland law shall govern, irrespective of the location, county, or state where the auction was held. The prevailing party shall be entitled to an award of court costs and attorney fees incurred.
INFORMATION: This site and the information, content, and materials on this site are provided on an "AS IS", "WHERE IS", and "WHERE AVAILABLE" basis. Oak Creek Estate Services, INC./Provider make no representations or warranties of any kind, expressed or implied, as to the operation of the site, the content, information, or the materials on the site. To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied of any kind, with respect to any of the materials, content, or information on the site or any goods or other products or services offered, sold, or displayed on this site or Buyer's use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for particular purpose, and non-infringement.
All items on the auction sell subject to Oak Creek Estate Services, INC. acceptance or rejection of the high bid. If for any reason Oak Creek Estate Services, INC is unable to complete the sale of any purchase by Buyer or provide such purchase free and clear of liens, even if Buyer was given notice that he is the high bidder and purchaser, Buyer agrees that Oak Creek Estate Services, INC. may terminate the purchase/agreement in which case Oak Creek Estate Services, INC's only liability shall be the return of any monies actually paid by Buyer.
INFORMATION DESCREPENCIES: While quantities and descriptions are believed to be correct, there are no warranties or guaranties, expressed or implied, and Oak Creek Estate Services, INC, licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies, or failure of the merchandise to correspond with any standard and/or expectation. No item or lot shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of Sellers, Oak Creek Estate Services, INC, licensees, employees and agents. The description, measurements, dimensions, quantities, quality, capability, usability, function, performance, condition, or other particulars set out in the newspaper ads, auction brochures, catalogs, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition, or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, quality, capability, usability, function, performance, condition, salability, or other particulars, or the genuineness, or authenticity of any item or lot, and neither Sellers Oak Creek Estate Servies, INC, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereto. Announcements and postings shall take precedence over any advertising or pre-auction material, written, oral, and/or electronic.
DISCLAIMER OF WARRANTY AND RELEASE: Buyer expressly agrees that the use of this Website is at his/her sole risk, responsibility, and obligation. Neither Oak Creek Estate Services, INC nor any of their officers, directors, licensees, employees, agents, third-party content providers, or licensors, or the like, warrant that this Site will be uninterrupted or error free; nor do they make any warrant as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
INDEMITY CLAUSE: Buyer agrees to indemnify and save harmless Oak Creek Estate Services, INC and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. Oak Creek Estate Services, INC are not responsible for accidents. Buyer must insure their own liabilities, interests, etc. in all personal property. The Buyer also agrees to indemnify and save harmless Oak Creek Estate Services, INC. and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, demands, action or cause of action whatsoever in any manner, etc., pertaining to hazardous materials, substances, sites and/or conditions (known or unknown), and are strictly and solely the Seller's ownership, responsibility and liability.
RECORDS: The records (written, audio, video, digital, computer generated, etc.) of the auction kept by Oak Creek Estate Services, INC., Providers, bookkeepers, and employees will be taken as final in the event of any disputes or claims.
AGENCY: Oak Creek Estate Services, INC. employees, and agents are acting as an agent for the Seller only and are not responsible for acts of its principals, nor liability for damages, accidents, or thefts.
BINDING: It is agreed that the Bidder shall be bound by these terms and conditions, and, if there is more than one bidder, the obligations imposed by these terms and conditions, shall be joint and several. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
CREDIT CARD DISCLAIMER: Registrant/Bidder/Buyer understands that Oak Creek Estate Services, INC. assumes no liability for security of credit card numbers on Auctioneers site, e-mails, etc., including the auction system Provider's site.
DO NOT BID UNLESS YOU AGREE TO ALL OF THE TERMS SET FORTH ABOVE. BY BIDDING YOU ARE ACKNOWLEDGING AGREEMENT WITH THE TERMS AS SET FORTH.