Buck Up! Auction Services
Heather Kaspar TXL# 17037
(last revised: 6/7/18)
Auction Terms and Conditions
Auction Terms and Conditions set forth between Purchaser (Bidder), hereafter called Buyer, and Buck Up! Auction Services, Heather Kaspar, hereafter called Auctioneer, are as follows:
1. Auctioneer reserves the right to bar anyone from participating in the auction or refuse admittance.
2. Auctioneer is not liable for any person, event, or claim for injury or damage to any person or
property of any kind or nature including acts of God. Auctioneer makes no claim, warranty
expressed or implied, or any other representation as to the nature, condition, make, model, or
function of any property real or personal (hereafter called Item) at this auction, auction preview, or
3. Unless specified by the Auctioneer, all items will be sold AS IS, WHERE IS, with no guarantees
expressed or implied. No statement anywhere, whether oral or written, shall be deemed such a
guarantee, warrantee, or representation. Prospective bidders should inspect the Item before
bidding to determine condition, size, etc. No refunds or credits will be issued. Buyer assumes all
responsibility or damages to the Item or for injury caused by the Item when the bidding platform
records an item as “SOLD.”
4. There is a 14% Buyers Premium with a 4% discount on all cash purchases.
5. Items may not be removed from premises until paid in full by cash or credit card.
6. Children under the age of sixteen (16) are not allowed in the auction area unsupervised.
7. Buyer (Bidder) Eligibility: Buyer must be at least 18 years of age and have a picture ID. By
participating as Bidder in any Auction Sale, the bidder represents that he/she is:
A. Subject to the Auction Terms and Conditions contained herein and other applicable auction rules, including but not limited to any local auction rules, as a condition of doing business at the Auction;
B. Registered with Auctioneer to purchase. Persons shall be considered registered if the person has completed all registration requirements of Seller and Auctioneer. Application for registration shall constitute authorization for Auctioneer to investigate and verify all information provided to Auctioneer;
C. If tax exempt, resellers and/or ag/farm exempt persons must fill out a resale and/or ag/farm exempt tax certificate at checkout.
8. Sale Procedure: Unless designated by the Auctioneer, all sales will be deemed consummated
when the Auctioneer says “SOLD”, with the Auctioneer calling out the Buyer’s bid badge number
(Bidder Number) and sale price, and the block clerk recording that sale and all specific terms
thereof. All sales shall be final and legally binding only when the highest bid is accepted by the
Seller and recorded or a subsequent offer or counteroffer is accepted and recorded. Once a sold
message is sent to you via the online bidding platform, that sale will be recorded and the bid
A. Bids will be governed by preset bid increments.
1. Bids will increase by $1 up to $10
2. Bids over $10 will increase by $2 up to $25
3. Bids over $25 will increase by $5 up to $100
4. Bids over $100 will increase by $25 up to $1000.00
5. Bids over $1000 will increase by $50 up to $5000.00
6. Bids over $5000 will increase by $100
B. Before the start of the live auction online pre-bidding may be available. Pre-bidding on all online lots in this auction will close at 6 p.m. Central Daylight Time on day the Auction goes live. The online pre-bids determine the live auction starting bids for those items.
Items may be removed at the discretion of the auctioneer.
Should an item be removed for any reason, bidders that have placed a bid on the item may be notified via the contact information provided at Registration
9. Payment Terms: All purchases must be paid for and/or payment arrangements made and all fees
satisfied at completion of sale. All payments are to be made by cash (US currency or credit card.)
A. Check approval guidelines:
1) Checks for invoice totals under $500 will be accepted with a valid Texas driver's license, if in good standing with Auction company.
2) Checks for $500 and over will require a valid Texas driver's license and one of the following:
a. Letter of guarantee from your bank
b. Pre-approval letter on loan from your bank
c. Verification of line of credit from your bank
3) If you have a previous buying history with us; your check MAY be pre-approved, but must be pre-approved for each auction prior to sale day.
4) If one of these documents cannot be provided & there is no prior buying history, then fund verification will be required before the items can leave the auction site. Funds will be verified the next business day.
B. In the event that a check is returned or declined by the bank there will be a $35.00 returned check fee and the buyer will be barred from future auctions until their account is once again in good standing.
C. In the event that a buyer does not pay for their items the Auctioneer reserves the right to bar the buyer from any future auctions until their account is once again in good standing.
D. The Auction company will make every effort to contact the buyer (if the buyer has not set up a pick up time) through phone calls, text messaging, and e-mail to arrange payment and pickup. In the event that we are unable to contact the buyer and the buyer does not respond to our contact, we will consider the item(s) abandoned and we will contact the backup bidders to take the item. When this happens the bid difference (between the winning bid and the backup bid) will remain on the buyer's account and the buyer will be barred from future auctions until that difference is satisfied and the account is once again in good standing.
10. Warranties: Seller covenants, guarantees, and warrants that with respect to each Item assigned
for sale through the Auction that title to the item will be transferred valid and free from all defects,
liens, and encumbrances. Unless specified by the Auctioneer all items will be assumed AS IS,
WHERE IS, with no warranty expressed or implied. Auctioneer and Seller are not responsible for
any loss or damage to property at any time. All decisions and conditions of sale set forth by the
Auctioneer at the time of sale are FINAL.
11. Changes to Auction Terms and Conditions: These Terms and Conditions are subject to
change as amended. Any oral amendments made by the Auctioneer will supersede these Terms
and Conditions and are final.
12. Delivery of Items: No item shall be delivered to Buyer before final payment is received by
Auctioneer in collected funds and no Item shall leave the premises until all financial obligations
related to the sale of the Item are met, including but not limited to all tax, title, and licensing fees.
Ownership shall pass to the Buyer when Auctioneer is paid with collected funds.
A. It is the responsibility of the buyers to make arrangements for pick up of items won
within the publicized pick up date and times.
B. No guarantee of any kind, expressed or implied, can be made for pick up to happen
outside that window of time.
C. Any items not picked up, will be forfeited and the bidder will not be allowed to bid
in future auctions until the issue is resolved with the auctioneer.
D. If the items are at a location where they can be held longer, a $10 per day
convenience fee will be added to the invoice. If, after 3 days, there is no remedy, the items will be forfeited.
E. Shipping arrangements MAY be made, and are the sole responsibility of the buyer.
These responsibilities may include, but are not limited to: payment, arrangement of
pick-up, packaging, communication between all parties. Shipping charges vary according to weight and size are to be determined once the item is packaged and weighed. All packaging will incur a $5.00 Handling Fee for packaging materials and time.
1) Once shipping costs have been determined they will be added to the invoice and a new invoice will be issued. Items will not be shipped until all costs have been satisfied.
2) Our preferred method of shipping is via the US Post Office. The flat rate boxes range in price from $7.15 (small - 8-5/8" x 5-3/8" x 1-5/8"), $13.60 (medium - 13-5/8" x 11-7/8" x 3-3/8") to $18.85 for large. The USPS offers insurance on packages, which will be added to the cost of the shipment at the buyers request.
13. Miscellaneous: No waiver of the provisions hereof shall be effective unless in writing and signed
by Auctioneer. The Auction Terms and Conditions shall bind the respective heirs, executors,
administrators, successors, and assigns of the Buyer and inure to the benefit of Auctioneer and
Seller and its successors, assigns and subrogates. These Auction Terms and Conditions and
any and all agreements or authorizations executed by Buyer or Seller in connection herewith
shall be governed by and interpreted in accordance with the substantive laws of Texas without
resort to principles of conflicts of laws. By execution of these Auction Terms and Conditions, the
Buyer submits to the personal exclusive jurisdiction of the courts of the State of Texas and to
venue in the Circuit and Superior Courts of Fayette County, Texas, and the Federal Courts of the
United States, sitting in Austin, Texas for the adjudication of any matters arising under or in
connection with these Auction Terms and Conditions. Any action initiated by the Buyer against
Auctioneer or Seller relating to these Auction Terms and Conditions shall be conducted in said
Courts. Auctioneer may bring any suit against Buyer under or related to these Auction Terms and
Conditions in any Court of competent jurisdiction.
Thank you for attending our auction. Good luck!
All bidders must register acknowledging that they have read and agree to these “Terms and Conditions” of the sale as outlined prior to bidding. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Registration at the auction finalizes each bidder's agreement to the terms and conditions of the sale. Do not bid until you have read the terms and conditions. Bidders may register online to bid at auction. There is no fee to register although a valid credit card may be required to verify identity, ensure that you are a person bidding and not a computer, and funds. By bidding you are representing to Buck Up Enterprises, LLC., Buck Up Auctions, ("Agent" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures.
Auctioneer’s Note: Buck Up! Enterprises, LLC – dba Buck Up Auctions, has been contracted to sell the personal property location mentioned on this auction listing.
Auction Method: Timed Online, with staggered close. Close will start at 6 PM & close 3 lots per minute, with auto-extend if lot is bid on in the final minute.
Auction Date: Auction opens on July 9th and closes on July 15th.
Pick Up Day is July 16th between 11 AM and 1 PM and 5PM to 7 PM for small items and small (under 10 items) lots. Large items and Large lots will be by appointment. You must bring your own packing materials and boxes. For heavy lifting and large items you will need to bring your own help.
Call/Text Heather at 979.421.0325 or email at firstname.lastname@example.org with any questions.