20% off ALL Purses and Bags Sale!

Buck Up! Auction Services

Heather Kaspar TXL# 17037

979.451.8725

Buy It Now Terms and Conditions

Buy It Now Terms and Conditions set forth between Purchaser (buyer), 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 sale, sale preview, or sale pick-up.

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, warranty, or representation. Prospective buyers should inspect the Item before buying to determine condition, size, etc. Scheduling a property preview MAY BE available through text (979.451.8725) or email at info@buckupauctions.com. 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 platform records an item as “SOLD.”

   1. Buy It Now catalog and images are created by each independent seller. It is the responsibility of the Seller to adequately describe all items listed in the online catalog. Each potential buyer is encouraged to perform his/her own independent inspections, inquiries and due diligence concerning the described property (at buyer’s expense). The information is being furnished to buyers for the buyer’s convenience and it is the responsibility of the buyer to determine that information contained herein is accurate and complete. BE YOUR OWN JUDGE. Any reliance on the contents shall be solely at the recipient’s risk. All information is taken from sources deemed to be accurate and reliable, all measurements are approximate and not to scale. The seller and the auctioneers, Buck Up Enterprises, LLC. – dba Buck Up Auctions, contractors, employees, firm, affiliates or assigns assume no liability in this matter.

4. Buyer Eligibility: Buyer must be at least 18 years of age and have a picture ID. By participating as buyer in any Sale, the buyer represents that he/she is:

   1. Subject to the Buy It Now 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;

   2. 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;

   3. If tax exempt, resellers and/or ag/farm exempt persons must fill out a resale and/or ag/farm exempt tax certificate and email to info@buckupauctions.com prior to the end of the sale.

   4. The Seller and Auction Company reserve the right to prohibit any person from buying not in good standing with Auction Company.

5. Sale Procedure: Unless designated by the Auctioneer, all sales will be deemed consummated when the Auctioneer/Bidding Platform says “SOLD”, with the final invoice showing the Buyer’s badge number (buyer Number), sale price, and all specific terms thereof. Once a sold message is sent to you via the online bidding platform, that sale will be recorded and the bid consummated.

   1. Buy It Now Process: No bid may be withdrawn by a buyer once made to the Auctioneer. All bids are an irrevocable offer to buy and shall remain valid and enforceable until the auctioneers/bidding platform declares the property “sold” and the sale has concluded. The buyer’s number is non-transferable.

6. 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) prior to items being removed from premises.

   1. 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 the Auction company.

      2. Checks for $500 and over will require a valid Texas driver's license and one of the following:

         1. Letter of guarantee from your bank

         2. Pre-approval letter on loan from your bank

         3. 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.

   2. In the event that a check is returned or declined by the bank there will be a $40.00 returned check fee and the buyer will be suspended from future auctions until their account is once again in good standing.

   3. In the event that a buyer does not pay for their items the Auctioneer reserves the right to ban/suspend the buyer from any future auctions until their account is once again in good standing.

   4. 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 purchase 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 suspended from future auctions until that difference is satisfied and the account is once again in good standing.

7. 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. All items will be assumed AS IS, WHERE IS, with no warranty expressed or implied. Auctioneer is 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.

8. 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 registered buyer when Auctioneer is paid with collected funds.

   1. PICK UP: Pick up will be scheduled through each individual seller. The seller’s information will be sent via email to the email you registered with to bid with Buck Up Auctions.

   2. It is the responsibility of the buyers to make arrangements for pick up of items won within the publicized pick up date and times.

   3. No guarantee of any kind, expressed or implied, can be made for pick up to happen outside that window of time.

   4. Any items not picked up will be forfeited.

   5. 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 $10.00 Handling Fee for packaging material and time.

      1. Once shipping costs have been determined they will be added to a new invoice and the invoice will be sent via email. Items will not be shipped until all costs have been satisfied.

9. 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.

10. Auctioneer’s Note: Buck Up! Enterprises, LLC – dba Buck Up Auctions, has been contracted to sell the personal property at the location mentioned on this auction listing and correspondence..

11. Buy It Now Method: All items will close at the same time.

12. Buy It Now Date: Auction opens for bidding on Friday, November 19, 2021 at 6PM and will close on Thursday, November 25, 2021 at 11:59PM.

13. Due to COVID-19 we are managing the number of people at a pick up location at one certain time. If you are bringing people to help load, please let us know how many will be coming with you when you schedule your pick up time. PLEASE DO NOT come to the pick up location if you are sick and feeling ill. PLEASE DO NOT come any earlier or any later than your scheduled pick up time. If you do arrive early, remain in your vehicle and call/text 979.451.8725 for instructions.

    1. Call/Text Buck Up Auctions at 979.451.8725 or email at info@buckupauctions.com with any questions.

14. Changes to Auction Terms and Conditions: These Terms and Conditions are subject to change and/or can be amended. Any oral amendments made by the Auctioneer will supersede these Terms and Conditions and are final.

    1. Any and all announcements made during the duration of the auction take precedence over any and all previously written advertisements or any prior written or verbal terms of sale but shall in no event form the basis of any representation or warranty by seller or auctioneers.

15. Indemnification of Auctioneer: Buyer jointly and agrees to indemnify and hold Auctioneer, their agents, principals, associates, affiliates, assigns and employees harmless against any and all losses, claims, damages or liabilities and expenses not resulting from Auctioneer’s bad faith or gross negligence, including costs of investigation, attorney fees, and disbursements, which may be imposed upon or incurred by agent or closer hereunder relative to the performance of their duties related to the parties or the property, including without limitation any litigation arising from or in respect of this contract or the transactions contemplated hereby. Auctioneer shall not be liable for any error of judgment or for any act done or omitted by them in good faith. Auctioneer is authorized to act on any document believed by them in good faith to be executed by the proper party or parties, and will incur no liability in so acting. Auctioneer is in all respects and for all purposes third party beneficiaries of this contract to the extent that this contract would entitle them to rights or benefits if they were signatory parties hereto, and each of them is entitled to enforce such rights and benefits, as herein provided, to the same extent they would be entitled if they were such signatory parties. ANY INDEMNIFICATION, DEFENSE OR HOLD HARMLESS OBLIGATION OF BUYER FOR THE BENEFIT OF SELLER OR AUCTIONEER IN THIS CONTRACT SHALL SURVIVE THE CLOSING AND/OR TERMINATION OF THIS CONTRACT.

16. All buyers 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 buyer's agreement to the terms and conditions of the sale. Do not bid until you have read the terms and conditions. buyers may register online to bid at auction. There is no fee to register although a valid credit card is required to verify identity, ensure that you are a person bidding and not a computer, and funds availability. 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.

Corrections or Amendments: Any corrections and or amendments will be posted to the Auctioneers Website at buckupauctions.bidwrangler.com

Prospective buyer(s) will be solely responsible for reviewing any and all possible updated material.

Buck Up! Enterprises, LLC – dba Buck Up Auctions, at 979.451.8725