Virtual Online Spring 2021
Consignment Auction
Thurs., March 11, 2021 @ 2:00 PM 

AUCTIONEER'S OPENING REMARKS TAKE PRECEDENCE OVER ANY PREVIOUSLY STATED OR WRITTEN TERMS AND CONDITIONS!

Wilson Auction Company, Inc. Bidding Software Application License Agreement for Auction Bidders

1. The Wilson Auction Company, Inc. Bidding Software Application ("App") is licensed, not sold, to you for use in placing bids at auctions where Wilson Auction Company, Inc. ("Auction Company") elects to accepts bids placed through the "App". "Auction Company" or "Auction Company's" licensor retain ownership of the "App" and they reserve all rights not expressly granted to you. The terms of this License Agreement will govern any software upgrades that replace and/or supplement the "App", unless such upgrade is accompanied by a separate license agreement, in which case the terms of that license agreement will govern such upgrade. Subject to the terms and conditions of this License Agreement, you are granted a limited non-exclusive license to install and use the "App" on a mobile device owned or controlled by you. You may not rent, lease, lend, sell, redistribute or sublicense the "App".

2. By using the "App" to place a bid: (i) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers set forth herein; (ii) you agree to all such terms, conditions, and disclaimers; (iii) you acknowledge that you have read and understand all of the written terms, conditions, and disclaimers of the auction company that is responsible for the auction in which you are bidding (such terms, conditions, and disclaimers are not set forth herein and must be obtained from the auction company); and (iv) you agree to all of the terms, conditions, and disclaimers of the auction company for the specific auction in which you are placing a bid.

3. Neither "Auction Company", "Auction Company's" Licensor, nor the auctioneer is your employee, agent, representative, or contractor with respect to any auction in which you may participate. "Auction Company" is providing an internet based service through the "App" that enables you to place a bid with an auctioneer at a live auction. The auctioneer for any given auction is retained by "Auction Company" to conduct that given auction.

4. Any bid that you place through the "App" in an auction is a legally binding offer to purchase the real or personal property being auctioned. Your bid (i.e., offer) may be accepted by the auctioneer, in which case a legally binding agreement will be in place between you and "Auction Company". The terms, conditions, and disclaimers of "Auction Company" for that specific auction will be part of the foregoing agreement.

5. All bids shall be deemed pending unless and until duly accepted by the auctioneer.

6. The auctioneer has the sole and absolute discretion to advance the bidding, including the discretion to reject any bid which the auctioneer believes does not advance the auction and/or is injurious to the auction. Bids that may be rejected include without limitation bids that appear to the auctioneer to be nominal, suspicious and/or suspect.

7. No bid shall be deemed a valid bid unless and until accepted by the auctioneer.

8. All bids are accepted at the sole discretion of the auctioneer. For any given auction, the successful bidder is deemed the bidder that places the bid that is accepted by the auctioneer.

9. The auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. The auctioneer's determination of the successful bidder shall be the final determination of the successful bidder.

10. If you are the successful bidder, you agree to pay the amount of your bid, all applicable taxes set by law, and any commissions, premiums, and other expenses that are set forth in the "Auction Company's" terms and conditions, including any terms and conditions that may be orally announced by the auctioneer at the auction. You agree to indemnify and hold "Auction Company" harmless from and against any and all costs, expenses, losses, and damages (collectively "damages"), including without limitation reasonable attorney's fees, "Auction Company" may incur with respect to your failure to pay all amounts that you are legally required to pay as the successful bidder.

11. All sales are final upon the determination of the successful bidder by the auctioneer.

12. Unless otherwise expressly provided by "Auction Company", all property is auctioned and sold in its "as-is" condition on the day of the auction. It is the bidder's responsibility to determine the nature, condition, and state of title of the property to be purchased at the auction.

13. Unless otherwise expressly provided by "Auction Company", all property is auctioned and sold where it is located on the day of the auction (i.e., "where-is"). The successful bidder shall make arrangements with "Auction Company" for accepting delivery of any personal property that is purchased at an auction.

14. There shall be no returns or exchanges except as may be expressly permitted in writing by "Auction Company" under its terms and conditions for the given auction.

15. DISCLAIMER OF WARRANTIES. You may be entitled to warranties, conditions, and terms that may not be excluded or limited by "Auction Company" under applicable law. EXCEPT FOR WARRANTIES, CONDITIONS, AND TERMS THAT "Auction Company" MAY NOT EXCLUDE UNDER APPLICABLE LAW, THE APP IS MADE AVAILABLE “AS IS.” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, "Auction Company" MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. "Auction Company" DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

16. LIMITATION OF LIABILITIES. You may be entitled to remedies that may not be excluded or limited by "Auction Company" under applicable law. EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, "Auction Company" WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS INCLUDING ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A REPRESENTATIVE OF "Auction Company" HAS BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. IN ANY EVENT, THE LIABILITY OF "Auction Company" IN CONNECTION WITH YOUR USE OF THE APP IS LIMITED TO THE GREATER AMOUNT OF (I) THE AMOUNT, IF ANY, PAID BY YOU TO "Auction Company" FOR THE APP, OR (II) TEN DOLLARS ($10.00).

17. Neither "Auction Company" nor "Auction Company's" Licensor provide support services for the "App". Neither "Auction Company", "Auction Company's" Licensor, nor the auctioneer shall be held responsible for a missed bid or the failure of the "App" to function properly for any reason. You acknowledge that the "App" may not be operational at any given time for various reasons, including repairs, maintenance, upgrades to the "App", and many causes that are not within the control of the "Auction Company", the "Auction Company's" Licensor, or the auctioneer, including without limitation power failures, defects in third-party equipment, and acts of God. In the event that the "App" fails to properly operate for any reason during any auction, thus preventing you from placing a bid, you acknowledge and agree that you are subject to the limitation of liabilities set forth above.

18. The disclaimer of warranties and limitations of warranties set forth above, including all exclusions and limitations set forth therein, will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

19. The terms, conditions, and disclaimers set forth herein shall be governed by the laws of the Commonwealth of Virginia.

20. In the event that redress to a court of law is necessary to resolve any dispute that arises between you and "Auction Company" concerning these Terms of Use or your use of the "App", then the proceedings shall be initiated in one of the following courts that has appropriate subject matter jurisdiction: the General District Court of Orange County, Virginia; the Circuit Court of Orange, Virginia, or the United States District Court for the Western District of Virginia, Charlottesville Division. With respect to any proceedings that are appropriately brought in one of the foregoing courts, you agree that the court shall have exclusive jurisdiction and venue to adjudicate the dispute. You consent to venue and jurisdiction and waive all questions and defenses of personal jurisdiction, improper venue, or forum non-convenience for the purpose of any proceedings brought to resolve a dispute described in this section.

21. The non-exclusive license granted to you in this Licensing Agreement is effective until terminated. Your rights under this License Agreement will terminate automatically or otherwise cease to be effective without notice from "Auction Company" if you fail to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, you shall cease all use of the "App" and destroy all copies, full or partial, of the "App".

22. There will be a thirteen percent (13%) Buyer’s Premium charged on all items. NO EXCLUSIONS.

23. ALL TITLES WILL BE ASSIGNED TO THE PERSON’S NAME (REGISTERED BIDDER) ON THE INVOICE. NO EXCEPTIONS!

24. YOU MUST CHECK IN WITH AUCTION COMPANY PERSONNEL ONSITE ON SCHEDULED PICK UP DATE. If an extension is needed to pick up large quantities, arrangements can be made at that time! NO EXCEPTIONS!

Using Level Online Auction Services:

By using our services, it is assumed that you have read the guidelines provided here and are expected to follow them.

Auction Overview and General Disclaimer:

All new bidder registrations will need to register a credit card as a form of identification. Your card will be charged $25 to verify and immediately refunded.

Uselevel.com is a service for buyers to bid through an online auction format. Level Partners LLC  (hereandafter “Level”) may take action against a registered user for their conduct and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate.

The Internet being the fragile environment that it is; Level cannot be held responsible for server down time, or the inability to access our site through a user’s ISP. Notifications sent by Level via E-mail may possibly take longer than expected and cannot be counted on to inform you of an item's status. In the event of any problems, we reserve the right to cancel, restart, or extend an item or a complete auction as the circumstances may dictate.

Fees:

A 13% Buyer’s Premium per item sold online will be applied to all purchases. 

Sales Tax: 

Sales tax will be applicable per the laws of the state an item is sold in

Equipment Inspection: 

The auction location is listed on each auction item. Please contact the particular company selling the asset to arrange for a time to inspect items.

Auction General:

The auction and related services provided by Level Partners LLC ("Level") through the Website ("Service" or "Services") and the use of the Website and provision of the Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. If you do not understand the Terms and Conditions, please email help@uselevel.com and we will do our best to answer your questions or concerns.

Auction Registration:

All potential bidders must register online at www.uselevel.com or at the auction site before you can participate. Live auction events require a valid driver's license or a photo identification. Level may, in its sole discretion, deny registration to any person or entity. You must be at least 18 years old to bid on any item. After accepting registration, refusal to permit a person's (or entity's) continuing use of the Services and the Website for any reason is at Level’s sole discretion.

Changes to Services, Website and Terms and Conditions:

User acknowledges and agrees that Level may change, modify, amend, suspend, or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or to any third party. Level reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party. User acknowledges and agrees that Level may amend the Terms and Conditions (including fees and transaction rules) at any time without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and (4) that any bid that is made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.

Bidders shall examine or inspect items prior to the end of the auction. Inspection days are in place for every auction, contact us for special requests.

ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.

Level makes every attempt to collect and disclose as much information for each item as possible. All information deemed reliable but not guaranteed.

Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Level makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.

Level relies on information about assets in the auction provided by the seller. Level undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against, Level, and/or seller, relating to asset photographs or descriptions.

Level provides the Services and the Website so that Sellers may offer assets for sale and Buyers may place offers to purchase these assets. Level is not an agent of Buyer or Seller. Level does not have the power to transfer title to any assets offered by Sellers. Additionally, Level makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale if Level provides the Services and the Website so that Sellers may offer assets for accordance with the Agreement. Buyers and Sellers are solely responsible for independently verifying the background and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.

Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item.

In the event of any dispute regarding any transaction conducted through use of the Services or the Website (a "Dispute"), User hereby releases Level, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

User Conduct:

User is solely responsible for all conduct and transmissions that take place under its User name and password. Without limiting the foregoing, User represents, warrants, and covenants that its use of the Services and the Website shall not:

(a) violate any applicable local, state, national or international law, statute, ordinance, rule, or regulation. Without limiting the foregoing, User represents, warrants, and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law. Certain items offered for sale at an auction may constitute 'Restricted Technology.' Under federal law, such items may not be shipped outside of the United States. Level makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology;

(b) interfere with or disrupt computer networks connected to the Service or the Website;

(c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;

(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;

(e) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;

(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;

(g) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

(h) upload, post, transmit, publish, or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;

(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or

(j) reproduce, copy, modify, sell, distribute, or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants, and covenants...

(a) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions,

(b) that it has the capacity to close the transaction,

(c) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and

(d) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. Level may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, Level may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser's sole remedy shall be the refund of any purchase price actually paid. Level will announce any additions to or deletions from the catalog on the day of the auction. Level and the seller assume no responsibility for and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidder’s obligation to verify such descriptions prior to the auction. Neither Level nor seller shall be liable for any damages of any type or nature (whether in contract, tort, or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall Level liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to Level as a deposit or as payment for a purchased item.