Terms

Simple Individual Auction Terms.  See Detailed Terms Below..

1. Everything sells where is as is without an written or assumed warranty or guarantee.
2.  All sales are final.
3.  Bid accordingly as there are no returns.
4.  Removal is buyers responsibility.  Removal: 
5.  NO SHIPPING AVAILABLE - local pickup only.
6.  Call for details on any specific items before placing bids.
6A.  Please Note: Backes assumes no liability for the accuracy of the description of the items being offered.  If you, the buyer, are relying solely on the description of the item, it is your responsibility to conduct your due diligence prior to bidding on the item and determine what you believe is the asset being offered.  If you have any questions, it is your responsibility to answer your questions prior to bidding by any means necessary.  If Backes cannot find a make or model number on an item, it will not be shown or assumed.  No refunds for Buyer's Remorse if they think it is an item that it is not.
7.  It is in your best interest to view these assets or at least make a call to auction company to verify condition of the assets.  No refunds to be given due to condition.  Buyers responsibility to find out prior to placing bids.
8.  If you have to place a charge back on your card - You MUST contact auction company first to explain your reasoning - we do realize there may be some circumstances that arise and Buyer may have the right to a refund BUT any charge backs without prior knowledge to auction company will be taken serious with swift and aggressive action taken by auction company.
9.  Buyers shall realize that the auction site maybe a dangerous location and will hold harmless the Seller and/or Backes Auctioneers when they arrive and remove their assets.  Buyers may have to at their own discretion use equipment and tools that could be harmful to themselves (falling off ladders or using power tools for examples) and realize they are doing so at their own risk and assume full responsibility for their actions.
10.  Any Buyers causing unnecessary damage will have to make full restitution with the Seller.  It is in the best interest of the Buyer to have a discussion with the Seller prior to removing any asset that may cause damage to the premises.
11.  Buyer NEEDS to bring manpower and the proper tools for removal.  Backes and/or the Seller are there  to have the facility open and might be able to assist in the removal.  Again, call the numbers provided to see what you will need to bring to help expedite your assets from the property.

DETAILED TERMS 

Both Simple & Detailed Terms Apply to Every Auction

If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions. By registering and placing a bid on any item (s) the Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.
Please read these Terms and Conditions carefully! They contain important information about the online
auction itself and your rights and responsibilities as a bidder.
1. Registration: In order to bid on any online auctions for Backes Auctioneers, you will need to register.
You must be eighteen years old or older to register. You agree that all information will be honest and
accurate. If Backes finds out that you have entered false or misleading information, you will be banned
from further use of their online bidding platform.
1(a). Whether you are a new or returning bidder, you agree that if any of the information associated
with your account, including contact information and credit card information, changes at any time prior to, during, or after this sale, you will update immediately all information.
2. Buyer’s Premium: An 18% buyer’s premium is added to every purchase. Example: winning bid of
$100.00 - you will be charged $18.00 for a total of $118.00 at checkout.
3. Tax-Exempt Status: If you are or feel you are exempt from payment of applicable taxes, you must fill
out the appropriate Sales/Use/Excise Tax Exemption Certificate for the state in which the sales tax is
being collected and submit to Backes Auctions by email at backes@forbin.net upon registration of EACH individual online auction so we can keep in that file. You must state that you are tax exempt when registering for the auction. If you notify Backes that you are tax exempt after the auction closes, you may have to apply for your refund directly to the state the sales tax was submitted.
4. Credit Card: In order for you to register for any Backes Online Auctions, you must provide a working
and valid credit card with your account. No exceptions. On most auctions, your credit card will be
charged immediately after the conclusion of each online auction. If your credit card is declined, Backes
will reach out for immediate payment by reprocessing the same or alternate cards, or the Buyer will
make payment in another acceptable manner determined by the Auction company.
5. Bidder’s Inspection: You acknowledge that Backes Auctions or the Seller may provide you with the
opportunity to inspect the items being offered for sale in this auction. It is strongly recommended you
attend the scheduled inspection for this auction. If an open house for this auction is scheduled and you choose not to attend or are in doubt about the condition or appearance of a given item, please bid accordingly. In the event you are given an opportunity to inspect the items for sale in this auction, you agree that by bidding on a given item you have had the opportunity to inspect such item, and that you are relying solely on, or that you have waived, such inspection and investigation in determining whether to bid, the amount of a bid and in bidding in general.
6. Lot Descriptions: Backes Auctioneers will describe in general and provide pictures of the items up for
auction to aid bidders in the bidding process and will make every effort to ensure that the descriptions
and photographs that we post accurately represent the items being offered for sale. In some
photographs, multiple items may appear, you should not assume that a lot consists of more than one
item simply because various items appear in the same photograph. Also, on occasion, the wrong

photograph may be displayed for a given item. At all times, you are bidding on items as they are
described, not as they appear in any photograph.
7. Bidder Error/Remorse: When you bid on the wrong item or decide an item is not suited for your
intended use, the Seller or Auction Company will not assume the cost of your mistakes. You agree that
your failure to inspect or otherwise become fully informed about the items offered for sale in this
auction will not be grounds for a refusal to pay amounts due. You agree that you may not withdraw any winning bids made by you once the individual item has closed.
7(a). You should refresh your browser often to view the most up-to-date bid information, and should
carefully review every bid you choose to make before submitting that bid. You understand and agree
that you will be held responsible for having made all bids that are made using your account information, even when such bids are made in error.
7(b). If you mistakenly make a bidding error, you must immediately contact the Auctioneer at
319.226.5830 so they can try to correct the error before the item closes. In every event, you are
responsible for bids submitted using your account including any bids made in error. The Auctioneer has no obligation to undo bidding errors reported after the auction has begun to close.
8. CONDITION OF ITEMS SOLD: All lots or items are sold “where is” in “as is condition” with all faults,
whether known or unknown with no express or implied warranties or guarantees. NO action taken by
Backes Auctions or their agents is intended to create any expressed or implied warranties or guarantees to any item in this auction. If there are any manufactured warranties in place, that will be expressed by the Seller only, not the auction company. Backes is not responsible for providing passwords associated with any electronics or computer related assets.
9. Auction Changes or Removals: All aspects of this auction are subject to change without notice. The
Auctioneer reserves the right to at any time and in the Auctioneer’s sole and absolute discretion: add or remove items from the auction, split lots, add minimum bids or reserve prices, cancel, suspend, extend, or reschedule the sale of an auction, make changes to the auction’s closing, inspection, or removal times, reopen the bidding in its sole and absolute discretion, or take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers’, sellers’, or other parties’ interests.
10. Closing. This auction will have a staggered, dynamic closing. You must continuously refresh your
browser during the closing process to see the most current activity on your items, both prior to placing
your bid and after submitting your bid. Staggered Closing: This online auction will generally begin to
close at a rate of three items per minute, every minute. Items’ closing times will be displayed on the
website, but may be extended past their scheduled closing time, as a result of the Auctioneer’s dynamic closing feature. Dynamic Closing: The closing time of an item is generally extended an additional two minutes whenever a bid is placed within the two minutes leading up to an item’s scheduled closing time.
11. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you
become obligated to pay for the item that you have won at the price you gave as your bid. All winning
bids are subject to certification by the Auctioneer in its sole and absolute discretion.
11(a) Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will
charge your credit card on file and then send you a Paid Sales Receipt. Invoices are sent as soon as the

auction has concluded and is considered closed. If your credit card on file is declined, a representative
from Backes will reach out to you to process the same card or another card and/or make payment via
another method. You are responsible for checking your e-mail following the close of the auction to
determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, it is because the Auctioneer has no record of your having placed a winning bid or your email that you signed up with was wrong.
11(b) Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mailed invoice, you must notify the Auctioneer at 319.226.5830 immediately after the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. Absent
clerical errors, Auctioneer’s records will be final and conclusive.
11(c) Suspension: If our crew has reached out to you several times and you, the buyer, do not answer or respond back to our communication in regards to unpaid invoices, your account will be suspended
immediately, no matter the dollar amount. This may be permanent or temporary depending on the
situation at hand.
11(d) Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card
associated with your account, and you agree that you will not charge back any amount that the
Auctioneer charges to your credit card.
12. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still fail to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.
13. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not ship except when a given item is clearly identified as eligible for shipping, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and safely remove your items during the published removal times.
13(a) Abandonment: You understand and agree that any item that you do not pick up during the
published removal times will be considered abandoned. You understand and agree that you will not
receive any refund in connection with any item that is considered abandoned, and that you will be
charged a reasonable fee for the storage, removal, and/or disposal of any such item. If an item is
considered abandoned and subsequently resold, you will not be entitled to any proceeds from the sale
of any such abandoned item.
14. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and
Conditions -- and/or any unsafe or illegal activity during any auction-related event -- may result in the
Auctioneer's suspending your online bidding privileges indefinitely, in addition to pursuing any other remedy available at law. Any Bidder’s attempt to re-register after having been suspended – whether directly by creating a new account or indirectly by using or directing the use of a third party’s account – will constitute a breach of these Terms and Conditions, and may expose the Bidder to civil and criminal liability for fraud. The Auctioneer further reserves the right to refund the Bidder and eject any Bidder or agent thereof from any premises if the Bidder becomes disruptive. In the event such an ejection, it will be within the Auctioneer’s discretion to refund any amounts paid by the ejected Bidder. Nothing in this paragraph will limit the Auctioneer's right to any other remedies at law or in equity.
15. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its
employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses,
damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs,
related to, arising from, or associated with you, your agents or representatives. Including, but not
limited to, personal injury or property damage caused at any sales site or during removal or
transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.