McClary Estate Auction of Townsend, TN

Auction Terms & Conditions Terms and Conditions of the Sale:

T1) All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") subject to the following Terms and Conditions of Sale, which, combined with each Auction's specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale.

T1a). Notice given that JD's Realty and Auction LLC and Auctioneers have the right in accordance with Tennessee State law to bid on this and any other auction for their purpose or on behalf of the Property owners or the estate.

T2) All items are being sold As-Is with no warranty;

Auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer's bidding errors. It is Buyers' full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions, and ask questions if you are unclear. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly. You may preview all of the items for auction as annotated in Auction Details of each auction.

T2a). Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Anderson, State of Tennessee and any action brought by either party shall be brought in the Courts of the State of Tennessee. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Tennessee govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Anderson, City of Clinton, State of Tennessee.

T3) ALL SALES ARE FINAL;

A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.

T4) Absence of Warranties;

The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by Auctioneer is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer's behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer "AS IS", "WHERE IS" and "WITH ALL FAULTS". AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.

T5) Bidder's Number;

The bidder's number is nontransferable. All bids, online or in-house, made using the bid number will be the responsibility of the Buyer.

T6) FAILURE TO REMOVE PURCHASE;

The following circumstances shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer's obligations hereunder. If the item(s) are not claimed by the buyer with the provided grace period of three (3) business days, the items will be deemed abandoned and become the sole property of JD's Realty and Auction

1. Items are not retrieved from the specified pick up location and have an Unpaid Invoice.

2. Paid Item(s), requested to be transferred to our office, will result in a $10 MINIMAL transfer fee (subject to additional costs per item)

3. IF Paid Item(s) had been requested to be transferred to our office, must be picked up within three (3) business days.

4. Any winning bidder(s) in need of shipping that have an unpaid invoice after two (2) business days.

T7) Buyer's Premium. Buyer's premium is 20% with a 4% discount for paying with cash or check.

Payment:

P1) By agreeing to our terms and conditions you agree to allow us to charge the credit card on file if you are the winner upon close of the auction.

P2) Local bidders;

Local bidders Have the "option" of paying with cash, or personal/cashier's check only on specified days of pick up. You must contact the office prior to the close of the auction and indicate that you will pay with cash or check. If you are a TN resident, please contact the office if you would like your item(s) shipped.

P3) We accept all major credit cards.

P4) NONPAYMENT;

Any declined credit card payment will have two (2) business days to contact the office (865-264-4641) and pay with a valid credit card, cash, or check. If payment has not be successfully received with two (2) business days, see (T6) for ramifications

P5) Personal Information;

It is vital that your personal information (name, address, phone number, and email) are correct. We ship and contact using that information and if it not correct, delays will occur. JD's Realty and Auction is not responsible for correcting your information and is not responsible for any delays or incorrect delivery of items due to incorrect personal information. Please contact the office if you would like to verify your information: 865-264-4641.

Shipping:

S1) Buyer to pay all shipping charges. Shipping will be added to the total cost of the item(s) (hammer price + buyer's premium + sales tax (if applicable). Our third-party shippers do not invoice but contact you directly via phone or email for payment processing. Please contact them directly with any shipping questions, claims, or quotes. We use USPS for most of the in-house auctions. Online only estate auctions are handled by The UPS Store. If you are unsure where your item may have been sent for shipping, please contact the office @ 865-264-4641.

Liberty Pack & Ship

865-264-4592

S2) Large, extremely fragile, freight shipping

Buyer has five (5) business days to contact the office (865-264-4641) with shipping arrangements (name of shipper, contact information, and pickup timeline). All exceptionally large or irregularly shaped items will be packaged through UPS Packing and shipped via UPS. Furniture, large signs, or extra large pieces may require freight (anything over 110lbs packaged). We have shipped using two companies: UPS Store, Clinton and UShip.com. If freight or third party shipping is needed, it is the responsibility of the buyer to coordinate and pay for all shipping. Please contact us prior to bidding with any shipping questions. Any buyer who fails to provide this information will fall under: Failure to Remove Items (para T6)

The UPS Store

Skip Nickle

865-415-6932 Option 7

OR

Uship.com

S3) In-house shipping;

No in house shipping is available.

S4) Non-Payment of Shipping;

See (para T6) If the buyer refuses or does not pay for shipping, JD's Realty and Auction will not refund the purchase for any reason.

S5) INTERNATIONAL BUYERS;

You are responsible for any and all customs fees in addition to shipping. Depending on the item, UPS/FedEx International may be used to ship your winning item(s). Please contact Liberty Pack & Ship if you have any questions regarding shipping. 865-264-4592

S6) FIREARMS;

IT IS THE BUYER'S RESPONSIBILITY TO KNOW, UNDERSTAND, AND COMPLY WITH THEIR STATE FIREARMS LAWS. All firearms purchased at auction by a non-Tennessee resident must have that firearm(s) shipped to an FFL holder in thier state. It is the buyer's responsibility to pay for all shipping, background check, and transfer fees. Please contact the office (865-264-4641) and provide the contact information for your preferred FFL. All handguns will be shipped UPS. Long guns may be shipped USPS or UPS, depending on lowest cost or buyer's preference.

S7) Shipping process and time;

We first process payments and then flag items for shipping. Only paid for items will get picked up during those days. Our shippers will contact you directly for shipping payment. Shipping processing can take anywhere from four-10 business days due to the high volume of internet bidders so please plan accordingly and your patience is greatly appreciated. If you need your package faster, please let us know via phone call and we will expedite your item(s).

S8) State Taxes:

All Tennessee residents must pay sales tax unless a Tennessee Sales and Use Exemption is on file with JD's Realty and Auction prior to paying for your items. If you are from out of state and have a state sales tax exemption form and travel to our Gallery to pick up, please bring a copy of your exemption form. If you do not provide an exemption form on file and you pick up in Tennessee, you will have to pay Tennessee State sales tax. Please contact our office with any questions, 865-264-4641, M-F 10am-5pm EST.

To submit your signed Tax Exemption form, email us at info@jdsauctions.com, subject line: Tax Exemption.

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