Noel Auctioneers & Real Estate Advisors
1478 Alton Rd.
Lawrenceburg, KY 40342
(502) 517-0009
info@Noelauctioneers.com

TERMS AND CONDITIONS

PLEASE READ ALL TERMS AND CONDITIONS PRIOR TO BIDDING! PERSONAL PROPERTY/EQUIPMENT IS OFFERED UNDER THE SPECIFIC TERMS AND CONDITIONS PROVIDED HEREIN. PLEASE READ AND REVIEW THOROUGHLY PRIOR TO BIDDING ON ANY PERSONAL PROPERTY OR EQUIPMENT. IF YOU HAVEN'T READ AND REVIEWED THE TERMS AND CONDITIONS, DO NOT BID.

PLEASE REFRESH YOUR PAGE! Please remember to refresh your page during the bidding. The bidding page you are viewing shows you the bid at the time you logged on to that page. YOU MUST REFRESH YOUR PAGE EVERY SEVERAL SECONDS to view accurate bids. This is particularly important during the final minutes of bidding for an item. When selecting the live catalog function on your device, the computer will automatically refresh the page.

Payment and Pickup: Payment and Pickup must be made by Thursday, August 22nd, 2024 from 11:30 AM - 4:00 PM (EST). Payment may be made by cash, credit card (VISA, American Express, Discover or Mastercard), Official Bank Check, or bank certified check. All purchases that have not been paid on or before 4:00 PM (EST) will be automatically charged to the credit card used at registration. Pickups are done on a scheduled basis. Winning bidders will receive a link after the auction in which they can schedule a time slot that will work for them via text and email.

Late Pickup: Failure to communicate with our auction staff to arrange pickup on the scheduled pickup day will result in a $25 late fee being added to your final invoice. It is crucial that you coordinate with our staff to ensure a smooth and timely pickup process. Failure to do so not only delays the pickup process for other bidders but also incurs additional handling costs. We kindly remind you to promptly reach out to our auction staff to schedule your pickup and avoid any unnecessary fees. Late pickup item(s) that can be easily transported and stored at Noel Auctioneers facility (1478 Alton Rd, Lawrenceburg, Ky 40342) will be available up to SEVEN (7) business days from the original pickup date. Any oversized item(s) that requires two or more people to lift will receive the $25 late fee with extra handling charge(s) added. Items stored exceeding SEVEN (7) business days will be forfeited and no longer available for pickup. At Auctioneer's discretion, items may be discarded or resold with proceeds retained by Auctioneer. There will be NO REFUND to the purchaser for these forfeited items.

Clients paying by cash, check, money order, or wire transfer will receive a 5% discount on the buyers premium. All credit card transactions will receive a 15% buyers premium applied to their final invoice. All credit card transactions require an authorized signature at the time of pickup or shipping. Please note, invoices of $5,000 and above will require a certified check, personal check, money order, cash or wire transfer. All wire transfers will have a $25 fee added to the transaction. Payment mailed in via check must be postmarked within 48hrs from the original email date of invoices sent out by Noel Auctioneers & Real Estate Advisors. Invoices are sent within 24hrs after the auction has closed.

BUYERS MUST PROVIDE THEIR OWN LABOR, TOOLS, REMOVAL EQUIPMENT, PACKING MATERIAL AND BOXES IF NEEDED. All items must be removed in a safe, proper, workmanlike manner. There will be a late fee added to your total invoice if you fail to pick up your winning items on the arranged pick up date. In addition to the late fee there will be a handling fee for large items that are brought back to Noel Auctioneers facility. Please read below.

VALID PROOF OF IDENTITY: Please be advised that it is mandatory to bring a copy of your confirmation email or a valid photo identification for verification purposes when collecting items. This requirement ensures a smooth and efficient process, allowing us to accurately confirm your identity and facilitate the item handover. Failure to provide the necessary documentation may result in delays or complications during the pickup process. If your items are to be shipped based on the value of item(s), Noel Auctioneers staff will require valid proof of identity provided before items can be prepared for shipping. We appreciate your cooperation and look forward to assisting you in receiving your items. Thank you for your attention to this matter.

TAX: Per the state laws of Kentucky, all invoices will be charged an additional 6% sales tax, unless a Tax Exempt has been filed with Noel Auctioneers & Real Estate Advisors. Those that have a tax exemption with HiBid or other auction platforms are not valid with Noel Auctioneers. Please reach out before payment is processed about your Tax Exemption. As the point of sale is made and processed (cards, checks, cash, etc.) in KY, tax is applied, even if another state does not charge tax. In order to remove tax, a legal tax exemption form and number must be provided to Noel Auctioneers. If a bidder purchases a vehicle, there is no tax charge at the time of the sale. Any other items with title transfers, please contact Noel Auctioneers to clarify tax requirements. As a reminder, Farm tax exemption only applies to items for the farm/business, and therefore, any items being bought for personal use, will have tax applied to those individual items. Again, with more questions, please contact Noel Auctioneers at (502) 517-0009.

Item Transportation: Noel Auctioneers must be notified via phone (502) 517-0009 or email (info@noelauctioneers.com) of any items that cannot be picked up on an auction pick up day, if we are NOT notified, then your items will be forfeited and the card on file will be charged.

Forfeiture of Items: Unless special arrangements are made with the auctioneer, for any items not paid for and/or picked up by the winning bidder within SEVEN (7) days of the date payment was due, the property shall be considered abandoned and any interest the winning bidder may have in the property shall revert back to Noel Auctioneers & Real Estate Advisors and there shall be no refunds to the winning bidder. Additionally, failure to pay for or pick up your items may result in the loss of future bidding opportunities.

Shipping:
At Noel Auctioneers, we prioritize ensuring that your purchased items are shipped to you safely and efficiently. To facilitate this, we partner with a third-party UPS shipper for all shipping needs. Please review the following shipping policy:

1. Shipping Fees:
- All shipping invoices will incur a minimum handling and transport fee of $10, payable to Noel Auctioneers.
- This fee must be paid, and a signed PAID invoice via Dotloop is required before items are transferred to the shipping location.

2. Additional Shipping Costs:
- The third-party UPS shipper will handle all additional shipping costs, including materials, labor, and postage.
- These costs will be billed directly to the buyer by UPS.

3. Factors Affecting Shipping Costs:
- The cost of shipping may vary based on the item's size, weight, and delicacy. Delicate, heavy, or large items will incur higher shipping fees.
- Shipping to more remote or urban locations may also result in increased shipping costs.

4. Prepaid Postage Option:
- Buyers can send prepaid postage if they notify Noel Auctioneers in advance.
- Noel Auctioneers will package and send the items using the prepaid postage.
- A materials and labor fee for preparing packages will be charged to the card on file.
- Please note that there may be delays in packaging due to high volumes of auctions, pick-ups, and shipping.

5. High-Valued Items, Fine Jewelry, and Coins:
- High-valued items, fine jewelry, and coins will be shipped through Noel Auctioneers and require certified mail.
- Buyers must email a photo ID to info@noelauctioneers.com. The ID must reflect the name on the bidder's account and the shipping address.

6. UPS Pickup and Additional Fees:
- If items are taken to the third party and the buyer decides to pick them up from UPS, the buyer will still be liable for any holding fees, labor, and materials that might have been accrued while the items were with the shipper.

7. Unclaimed Packages:
- Packages not claimed or for which postage is not paid within 10 business days will be considered forfeit and returned to Noel Auctioneers for resale.

We appreciate your understanding and cooperation with these shipping policies. Our goal is to provide you with the best possible service, ensuring your items arrive safely and in a timely manner. For any further questions or assistance, please contact Noel Auctioneers directly.

Your card on file will be processed with a minimum $10 handling fee. Once your card is processed and the paid invoice is generated, you will receive a Dotloop request for your signature as the authorized cardholder. After you sign the paid invoice, your items will be prepared for shipping with our third-party shipper at our local UPS store.

Please note that UPS will contact you to confirm shipping information and process payment over the phone. Below are the details for the UPS store we use:

UPS Store Details:
Address: 3070 Lakecrest Cir, Lexington, KY 40513, United States
Phone: +1 (859) 296-9177
Email: store3027@theupsstore.com

Shipping Details on Larger Items (noted in lot description):
Handling and Materials Fee: A minimum charge of $25 will be added to cover handling and packaging materials.

Location of All Items: (Street Address Disclosed to Winning Bidders)Lawrenceburg, KY 40342

SERVER & SOFTWARE TECHNICAL ISSUES: Online bidding is offered as a courtesy. The Auctioneer, Noel Auctioneers & Real Estate Advisors, and the Internet and Software Providers do not guarantee or warrant the online bidding procedure and/or system to operate without interruption or malfunction.

In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Noel Auctioneers & Real Estate Advisors reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE, SELLER or NOEL AUCTIONEERS & REAL ESTATE ADVISORS SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.

NEW DATA, CORRECTIONS, AND CHANGES: Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information.

Disclaimer & Absence of Warranties: All items are being sold on an "AS IS, WHERE IS" basis, and no warranty or representation either expressed or implied, concerning the property is made by the Seller or Noel Auctioneers & Real Estate Advisors Agents or Representatives. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in the brochure and on the website is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller, Noel Auctioneers & Real Estate Advisors Agents or Representatives. All sales are final.

Buyer's Premium: A 15% buyer's premium will be added to the winning bid for each item to determine the final selling price. Please note that payment with cash or check will have a 5% discount, bringing the buyer’s premium down to 10%.

Registration: Registration is free but does require several important pieces of information. As with our live auctions, bidders must be registered with their full name and current information including, mailing address, telephone number and email address. A valid email address is required so bidders may be sent winning bid notifications and auction invoices. Credit card information completed at the time of registration will be held on file. This information is obtained to deter defunct bidding. The account will be charged in the event that an item has been unpaid after the allotted time for payment has passed. Registration may only be completed with an acknowledgment that the bidder has read and understood all terms and conditions for the sale and online bidding.

Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Noel Auctioneers & Real Estate Advisors has the right to reject the registration, and bidding activity will be terminated. The Seller and Noel Auctioneers & Real Estate Advisors reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness, etc. Bidders agree to keep their username and password confidential at all times. They are solely responsible for ANY and ALL activity involving their account. Noel Auctioneers & Real Estate Advisors shall not be held liable for any compromised accounts due to the negligence or failure to maintain the confidentiality of login credentials by the bidder. When using the web-site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Noel Auctioneers & Real Estate Advisors retains the right to prevent anyone from participating in this and future online auctions who does not abide by the terms and conditions of the auction or whose actions are not in the best interest of our client, the Seller. The auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of Noel Auctioneers & Real Estate Advisors are final.

Merchandise: All descriptions and information are believed correct, but are not guaranteed and as such the Auctioneers, Noel Auctioneers & Real Estate Advisors and/or the Seller shall not be held liable for inaccuracies in the information. It is the Bidders responsibility to obtain or verify, prior to bidding, any information they consider critical to their decision to purchase. If a preview date is posted, it is at the bidders discretion to schedule an appointment with the auction house. Previews have limited time slots available for potential bidders to physically inspect the items. All bidders are encouraged to inspect and research all aspects of the items, descriptions and information provided to their complete and full satisfaction prior to bidding. The items are being sold "as-is" "where-is" with no warranties or guarantees of any kind including merchantability and/or fitness for particular purpose. All sales are final.

Bidding: Online bidding is to be understood as a binding contract. Bids will be taken with the understanding that the bidder will honor their winning bid with sufficient funds including all applicable taxes and fees. Do not bid if you do not intend to pay. Notification of winning bids will be sent via email along with an auction invoice within 24 hours of the auction's close. Bidding can be made using two methods on our website- "Your Bid" and "Your Maximum." "Your Bid:" This feature allows the bidder to input a single bid as in a live auction. For example: the bid for item #1 is currently $2,000 placed by bidder A. Bidder B wishes to bid $2,500. By placing a bid of $2,500 in the "Your Bid" box, Bidder B now has the current winning bid. If Bidder A wishes, he/she may bid again, continuing the auction cycle. "Your Maximum:" This feature does your bidding without the bidder having to constantly view, log in, and bid on an item. Setting a maximum online is much like coming to a live auction with a preset spending limit in mind. The program will bid for you, in the prescribed increments, and only up to your spending limit for the item. For example: item #3 is currently at $5,000 with Bidder A having the winning bid. Bidder B wants to place a bid and is willing to spend as much as $7,500 for item #3. If Bidder B places a maximum bid of $7,500, the price of the item rises only to $5,050. Bidder A returns to the item online and places his/her maximum bid at $5,250. The program automatically does the bidding: A-$5,100, B-$5,150, A-$5,200, B-$5,250. The bidding stops at $5,250 with Bidder B winning because the next bid would be $5,300, which is more than Bidder A's limit. Maximum bids are kept confidential. Any bidder can raise a bid or a maximum bid at any time prior to the close of the auction.

Close of Bidding: The bidding will begin to close at 7:00 PM (Eastern Standard Time), Sunday, August 18th, 2024. For your convenience, the closing of items will be on a staggered basis of 5 items every minute. For example, items 1-5 will begin closing at 7:00, items 6-10 will begin closing at 7:01, items 11-15 will begin closing at 7:02, etc. The closing of some items may be extended in the event of last minute bidding. See paragraph below regarding the Extended Ending feature.

Extended Ending: The items in the auction will be subject to an extended ending, whereas at the close of the auction, any bidding activity on an item within 5 minutes of the closing time will automatically extend the bidding for 5 more minutes past the time of the last bid. The bidding on that lot will continue to remain open in 5 minute intervals as long as there is bidding activity within 5 minutes of the previous bid. Once there is no bidding activity for a 5 minute period, the bidding on that item will close. For example, if a lot is supposed to close at 7:00 PM but a last minute bid is placed at 6:59 PM, bidding will be extended until 7:04 PM. If another bid is placed on an item at 7:02 PM, bidding will then close at 7:07 PM, unless subsequent bids are placed.

Penalties: Any bidding found to be fraudulent and/or negligence to provide proper payment in the allotted time will result in all appropriate legal action. Any invoice not fully and properly paid for in the allotted time will be charged to the credit card account presented at registration and the items forfeited. Delinquencies will be noted and will prevent the individual from participating in any further live or online auctions conducted by Noel Auctioneers & Real Estate Advisors.

Auctioneer's Right to Bid: It is hereby disclosed that with the seller's permission Noel Auctioneers & Real Estate Advisors, Agents, Representatives and staff reserve the right to bid for themselves and buy. In addition, Noel Auctioneers & Real Estate Advisors reserves the right to bid on the behalf of absentee bidders and for any other bidder in accordance with their authorization and to enter ANY bidding on the seller's behalf except in the case of Absolute offerings.

Agency: Noel Auctioneers & Real Estate Advisors has an exclusive right to sell listings for this transaction. All negotiations must be conducted through Noel Auctioneers & Real Estate Advisors.

Loyalty Program Terms and Conditions: Any bidder participating in Noel Auctioneers Loyalty Program understands that the loyalty card must be presented to the Noel Auctioneers cashier at the time of pickup to be redeemed. If a bidder participating in the Loyalty Program does not present the physical loyalty card to the cashier, the reward cannot be applied at the time of checkout. Please note, that redeeming a loyalty card can only be applied to one transaction or auction pickup at a time. Additionally, the loyalty card can only be used by the original bidder to whom it was given to by Noel Auctioneers. Thank you for your participation in our Loyalty Program.

Auctioneer/Seller Disclaimer: The information contained herein is believed to be correct to the best of the auctioneer's knowledge. The information is being provided for the bidder's convenience and it is the bidder's responsibility to determine the information contained herein is accurate and complete. The all lots listed are sold in its 'as-is' condition with no warranties expressed or implied.

As previously noted, by bidding on the auction, the buyer agrees to all terms and conditions set forth herein. Acceptance of the terms and conditions at the time of registration constitutes a bidding contract between the registering party and Noel Auctioneers & Real Estate Advisors. As the registering party, you acknowledge that you have fully read and accepted these terms set forth by Noel Auctioneers & Real Estate Advisors. For any questions or inquiries regarding these terms and conditions, please contact Noel Auctioneers & Real Estate Advisors office at (502) 517-0009 or via email at info@noelauctioneers.com.

Thank you for your understanding and cooperation.

The Estate of Gregory D. Barker of Lawrenceburg