TERMS AND CONDITIONS

BUYER’S PREMIUM: Online bidders are required to pay an 5% buyer’s premium on each item.

PAYMENT: All invoices must be paid in full by 5:00 pm on Friday, April 14, 2023. Wire Transfers are required for this auction. Wiring instructions will be attached to your invoice.

TITLE FEE: A title fee of $35.00 will be charged to the Buyer of all vehicles with a title. If Nutt Auction or seller can't deliver clear title on a purchase, the buyer is entitled to a full refund of the purchase price.

REMOVAL: Buyers cannot remove their purchases from the auction site until their invoice is paid in full.

Load out: By appointment only
All items must be removed by Friday, April 21st @ 3:00 pm cst unless other arrangements have been made with Nutt Auction. Any item not picked up by Monday, April 24, 2023 will accrue a storage fee of $5 per day. If the item hasn't been removed by Friday, May 5, 2023 @ 1:00 pm cst it will become abandoned property. LOADING & HANDLING HEAVY ITEMS WILL BE THE RESPONSIBILITY OF THE BUYER.

AS IS SALE: All property is sold 'AS IS' and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determination factor. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Nutt Auction shall endeavor to describe each item and pertinent information about it. Nutt Auction will not be responsible for any errors or omissions in the description of the merchandise. Any statement made by the Auctioneer is an opinion and does not constitute a warranty or representation. Nutt Auction reserves the right to withdraw or re-catalog items in this auction. Any announcement made sale day shall take precedence over any previous printed advertisement or printed material.

INTERNET BIDDERS: Nutt Auction is providing online internet service to Bidders. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Nutt Auction or anyone else if the Internet service fails to work correctly. Nutt Auction will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should enter their maximum bid before the auction begins. Nutt Auction may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. All internet sales of property are 'AS IS' and ALL SALES ARE FINAL. In no event shall Nutt Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determination factor.

NO WARRENTY: NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY ITEM. NUTT AUCTION EXPRESSLY DISCLAIMS ANY EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any description of merchandise contained in this Auction is for the sole purpose of identifying merchandise for those Bidders who do not have the opportunity to view merchandise prior to bidding, and no description of merchandise has been made part of the basis of the bargain or has created any express warranty that merchandise would conform to any description made by Auctioneer. Color variations can be expected in any electronic or printed image and are not grounds for the return of any lot.

VEHICLES: All vehicles are sold “As is, where is” and Nutt Auction makes no guarantees, warranties or representations, expressed or implied, with respect to the vehicles or other description of authenticity of physical condition, size, quality or rarity of the vehicle. No statement, whether oral or written, shall be deemed as a guarantee, warrantee, or representation. Prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Nutt Auction from and against any claim, demand, liability or expense of any kind arising out of or related to the vehicle, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. Nutt Auction is acting solely as Seller’s agent, and assumes no liability for any affirmations, representations, warranties or guarantees made by Seller. All defects and flaws with a vehicle will be the buyer’s responsibility once purchased by buyer. Buyer should be aware that they are purchasing a used vehicle as it sits on the auction location “As is” with No warranty or guarantee whatsoever. Auctioneer have made an attempt to supply the buyer with a general description of each vehicle and do not guarantee the accuracy of the information supplied.

RELEASE: In consideration of participation in Auction and the placing of a bid, Bidder expressly releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide second opines, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein and are the exclusive remedy.

DISPUTE RESOLUTION, EXCLUSION JURISDICTION AND VENUE: All claims, disputes, or controversies in connection with, relating to, and/or arising out of Bidder’s participation in Auction or purchase of any lot, any interpretation of the Terms and Conditions of Sale or any amendments thereto, any description of any lot or condition report, any damage to any lot, any alleged verbal modification of any term of sale or condition report or description, and/or any purported settlement whether asserted in contract, tort, under Federal or State statute or regulation, or any claim made by Bidder involving a warranty or representation of a consignor or other person or entity including Auctioneer shall be exclusively heard by, and the Bidder and Auctioneer each expressly consent to the County Court at Law of Bowie County, Texas, and if necessary the corresponding appellate courts. Bidder agrees and consents that the exclusive subject matter jurisdiction for any claim or suit is in the County Court at Law of Bowie County, Texas and the consumer consents to subject matter, in person am jurisdiction and venue there.

CHOICE OF LAW: Agreement and any Claim shall be determined and construed under Texas law.

AGREEMENT TO TERMS AND CONDITIONS: These Terms & Conditions provide specific remedies. Your registration and participation in this auction through Nutt Auction Company are a legally binding contract. By placing a bid or otherwise participating in Auction, Bidder accepts these Terms and Conditions. In the event that a buyer refuses to pay in full for an item or items purchased at this auction, Nutt Auction retains the right to pursue payment as well as compensation for any applicable legal fees to the full extent of the law in Bowie County, Texas, the venue of business transactions with Nutt Auction. Any bidding disputes shall be determined and resolved by the auctioneer at his sole discretion. All decisions of the auctioneer are final. By registering for this auction, you are agreeing to be added to our email & text list.

General Terms

* Please read the following terms and conditions carefully as they are a legal binding contract between you (the Bidder) and Nutt Auction Company. To register and bid in this auction you must agree to these terms and are bound by them as a bidder.

* Please be aware that these terms are GENERAL INFORMATION for all auction listings and special terms can apply. When such Special Terms apply, we do our best to outline those in an Information lot at the beginning of the auction catalog.

* All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. All items must be considered used or previously owned. Even if labeled as new in box, we cannot guarantee the item will be in full retail condition. Place your bids accordingly and read all descriptions and Terms prior to placing your bids. No refunds will be issued.

* Once you place and confirm a bid through our bidding platform, you cannot remove or lower a bid. No bids will be removed once they have been placed.

* Due diligence is the responsibility of you (the Bidder). All sales are final. When the bidding ends on our website and you are the high bidder, you then assume complete responsibility for care of each purchase at time of sale.

* We reserve the right to refuse service to anyone bidding, buying, selling and/or at pick up.

* The most recent correspondence with buyers via email or our website take precedence over written material and any prior verbal statements.

* The auction company is not responsible for accidents, thefts, errors or omissions.

*. The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times.

*. Items used in photos for displaying and or containing items such as crates, totes, step blocks, back drops, etc. are not part of the selling lot unless specifically listed in the description.

Auction Closing

*. The closing time of the auction will be listed within the auction information page of our website. Once bidding closes, items you have won become your responsibility – make note of closing times!

*. Our auctions offer MAXIMUM BIDDING. This means that you can bid a higher number than the next “Asking Bid”. You can place a max bid at any time in the place bid space by simply entering the highest number you want to bid. When you place a MAX BID, the current bid price will only go to the next increment, or one increment over someone else’s max bid if one has been placed. The computer will bid for you in the pre-determined auction increments up to your highest dollar entered only if someone else bids against you to raise your bid to that dollar amount.

*. When someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID.

*. Bids will be placed in the order that they are received. If TWO buyers enter a BID of the same dollar amount, the buyer who entered his/her BID FIRST will be the bidder that is in at that price. If you bid a certain amount and see that the bid is indeed that amount, but you are not the 'Winning Bidder', that means that someone else had a max bid of that amount and so their bid was placed into the system ahead of yours. The best way to know if you are out is to check your email as you should get an email every time you are outbid.

*. You may request out bid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/ mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you utilize the max bidding feature. Please remember, you can always raise your max bid, but you CANNOT lower it.

*. Nutt Auction is not responsible for internet malfunctions, loss of connection or system glitches that may prevent you from placing last minute bids, or receiving notices from our company. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing.

LOAD OUT

Buyers must check in with a Nutt Auction Staff Member upon arrival

*. Our staff is there to supervise the safe and proper removal of items and to help you identify the items included in your purchase. The staff are NOT there to help with the removal of heavy items.

*. Winning bidders need to pick up their items at the time they sign up for via Sign Up Genius, and pickup must be completed within the designated pickup timeframe.

*. Please respect our Seller’s property and residence, many times our Sellers still reside in the residence and they do not want you wondering through their home or using any of their facilities.

*. Specific times that are listed for pickup are the strict start and end times, per contractual agreement with the seller. We will not facilitate pickup BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pickup is scheduled to end. You need to arrive on time to pack and remove all your item(s) within the stated pick-up times. We may assess a charge to any buyer that requires our staff to stay longer than the scheduled time.

*. If you are unable to pick up at the agreed to terms, you must send a representative to pick up for you or forfeit your items.

* Information on the exact address of the pick-up location will be relayed to winning bidders via link on your paid invoice. Our office cannot assume responsibility for emails that do not arrive at your server.

* Items may only be removed upon receipt of payment in full. Buyers must check in and present their paid invoice to a Nutt Auction representative prior to loading items.

*. Any item(s) Nutt Auction Company. or the seller has to remove from sale site due to the buyer missing pickup time or abandoning part of a purchase may be subject to additional service fees.

*. Buyers who do not pick up their item(s), or leave any items behind, at the specified pick-up time may be subject to additional service fees. Ownership of those items will return to the seller and the buyer will forfeit any and all rights to the item including payments and refunds.

*. You MUST bring your own packing materials, moving equipment, and adequate manpower to safely and properly remove your items during the specified pick-up time. We will not wait for your additional help to arrive if it is outside the pickup times. Also, you may be asked to wait at the end of the line if you are not prepared to move or load your items in a timely manner, we reserve the right to help those buyers who came prepared first. This policy is designed to keep pickups speedy and efficient. We need our buyers to come prepared out of fairness to other buyers and to our seller.

*. Nutt Auction reserves the right to refuse load out and pick up of item(s) purchased, if at their sole discretion or at the discretion of contracted seller, they deem such load out may cause damage physically to the item or the seller’s property or if it risks the safety of anyone or anything at the load out site.

*. Nutt Auction reserves the right to charge a fee to any buyers that do not bring adequate help, requiring our staff to help move items for a buyer.

* The buyer will be responsible for the ANY damage that occurs to an individual item, or the pickup location during the removal of an item(s).

Wood Yard Business Liquidation