Standard Terms and Conditions
1. Defined Terms.
a. “Buyer” means any individual, entity, or organization that bids on any item for Sale.
b. “Sale” means an online or in person auction facilitated by Badger Corporation.
c. “Badger” means Badger Corporation.
d. “Customer” means a person or entity that contracts with Badger to perform a Sale on Customer’s behalf.
2. Requirements for Participation in Sale.
a. Registration. To register for an auction a Buyer must deposit cash, a wire transfer, a major credit card, a letter of credit, or a wire transfer, or other certified funds approved by Badger. Online Buyers must provide Badger with a valid major credit 24 hours before the start of the Sale.
b. Authorized Rep. to Guarantee Payment. The authorized representative of any corporate Buyer who participates in the Sale shall provide Badger with a statement signed by a principal, director or officer certifying that he or she shall personally guarantee any payment due to Badger. This may be waived by Badger in writing.
c. Buyer’s Fee & Sales Tax. Unless a different Buyer’s Fee is posted, a “Buyer’s Fee” of 20% shall be added to all purchases and where applicable, sales tax shall also be added.
3. Valuation of Items. The Buyer’s determination of its bid is based upon its own examination of the item, and not in reliance on any representations made by Badger or third-parties online or elsewhere. BUYER IS RESPONSIBLE FOR THE VALUATION OF ALL ITEMS PURCHASED. Furthermore, Badger makes no guarantees to Customer that any item will sell, or sell for a price desired by Customer
4. Errors in Bidding. Badger is not responsible for bidding errors made by Buyer. A Buyer shall bid on the correct item\lot and shall be certain that the bid is an amount (plus the Buyer’s Fee) that the Buyer is willing and able to pay.
5. Errors in Sales Listings. Badger is not responsible for any errors in the listing of any item available at a Sale. Customer is responsible for ensuring all listings accurately reflect the items. Owner/Seller Reserves the right to end the sale at anytime. Owner/Seller reserve the right to withdraw items from the sale at any time before, during or after bidding is complete. 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.
6. All Sales Final. Once Badger has announced the winning Buyer, said Buyer is unconditionally bound to pay for the item and Buyer’s Fee. All sales are final and all items are sold “as is” without any warranty, express or implied OF ANY KIND, provided by Badger.
7. Payment by Buyer. All amounts due are denominated in United States Dollars unless otherwise noted. By participating in any Sale, Buyer personally and unconditionally guarantees payment to Badger. Further, Buyer shall not initiate a charge-back on his or her credit card after payment has been made to Badger.
a. United States Based Buyers. Payment for items purchased by US based Buyers is due upon completion of the Sale. Payment must be made with credit card, cash, or cashier’s check. Unless otherwise agreed, Badger shall charge Buyer’s Card On File automatically upon completion of the Sale.
b. International Buyers. Payment for items purchased by internationally based Buyers is due 24 hours following completion of the Sale. Payment must be made with credit card, or pre-approved wire transfer. Unless otherwise agreed, Badger shall charge Buyer’s Card On File automatically upon completion of the Sale.
If Badger must call or otherwise contact Buyer to complete payment, Buyer agrees to pay an additional fee of 5% of the gross sales price to Badger. If any Credit Card offered by Buyer is declined, a fee of $10 per card declined will be paid by Buyer to Badger. If any check offered by Buyer is not honored, an additional fee of $50 will be paid by Buyer to Badger. Buyer is responsible for attorney’s fees, court costs, disbursements, and expenses associated with Badger’s collection of outstanding invoices from Buyer. Any amounts not timely paid shall accrue interest at the rate of 1.5% per month until paid.
8. Payment by Customer. All amounts due to Badger are payable immediately upon completion of the Sale, or as otherwise agreed upon between Customer and Badger. Customer agrees to pay all amounts requested by Badger, including but not limited to: commission, cancellation fees, lost commission & profits, attorney’s fees, and all other costs incurred by Badger.
9. Pick Up & Shipping. Buyer shall pick up and remove all items during the scheduled removal times. If Buyer fails to do so, all items left behind shall be considered abandoned and Badger shall not be liable to Buyer in any way. Buyer is responsible for organizing any shipping arrangements for delivery of purchased items.
10. Lost or Stolen Items. Badger shall not be responsible to Buyer or Customer for any lost or stolen items.
11. Jurisdiction and Venue. Any disputes or litigation arising from an auction shall be resolved by the Circuit Court of Dodge County and by registering to bid the registrant agrees to personal jurisdiction in that Court and to the venue of Dodge County.
12. Applicable Law. For a live auction, the law of the state where the auction is held applies to any disputes related to that auction. The applicable law for any auction that is online only is Wisconsin.