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 JD's Realty & Auctions 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 on the first and third Saturday starting at 11am. In case of an online-only auction, items may be previewed the Friday (10am-4pm) before the auction is set to close or as perscribed by the auctioneer. 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 Purchases. In the event items are not removed within three (3) business days after the auction(s) end OR freight/large items shipping inforamtion has not been received within five (5) business days after the full payment of the item(s), the items purchased 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. T7) Buyer's Premium Online buyer's premium is 15%, there is a 3% credit card surcharge. 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, you may pay with a personal or cashier's check. You must contact the office prior to the close of the auction and indicate that you will pay with cash or check. You may also pick up your items or have them shipped. 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. If payment has not be successfully received with two (2) business days, you will no longer be authorized to bid at JD's Realty & Auctions and negative feedback left. P5) Verbal/written "cancellations" JD's does not recognize or accept cancellations for any item for any reason won at auction. If the winning bidder decides to "cancel" an item it will be treated as a nonpayment (see P8). If a winning bidder decides to "cancel" an item after it has been paid for, there will be no refunds, no exceptions. P10) 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 Auctions 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 The Mail Center ETC for most of the in-house auctions. Online only estate auctions are handled by UPS Pack and Ship. If you are unsure where your item may have been sent for shipping, please contact the office @ 865-264-4641. The Mail Center ETC Teresa or Ashley 865-483-4177 UPS Pack and Ship Nevin 865-584-0081, option 8 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: Rancho Buck out of Atlanta, GA, 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) Rancho Buck 404-524-9122 Uship.com S3) In-house shipping We no longer provide in-house shipping. S4) Non-Payment of Shipping If the buyer refuses or does not wish to pay for shipping or will not pick up the winning items, JD's Auctions will not refund the purchase for any reason. The buyer can then become a consignor and consign the item(s) with JD's Auctions. A contract will be sent via email for the buyer to review and sign. The contract must be scanned and emailed back to us or mailed. The buyer has five (5) days to return the signed contract. When the contract is received, JD's Auctions will lot the item in an auction. If the contract is NOT received within five (5) days, the items will be deemed abandoned and become the sole property of JD's Auctions (para T6). S5) INTERNATIONAL BUYERS You are responsible for any and all customs fees in addition to USPS International First Class or USPS International Priority Mail. Depending on the item, UPS/FedEx International may be used to ship your winning item(s) S6) FIREARMS All firearms purchased at auction by a non-Tennessee resident must have that firearm(s) shipped to an FFL holder. 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. Our shippers pick up on Tuesdays and Thursdays. 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). State Taxes: All Tennessee residents must pay sales tax unless a Tennessee Sales and Use Exemption is on file with JD's Auctions 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. --------------------------------------------- ------------------------------------------ Terms Of Use