Online Personal Property Auction

Please review this document carefully. This document creates certain legally binding contractual obligations.



In order to register and receive access to the interactive online bidding platform, a Bidder must accept and acknowledge these Terms and Conditions.



1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject personal property. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded.



2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any bidder of a rejected bid.

Bids entered online, absentee or phone bid are subject to the auctioneers acceptance. Who the auctioneer recognizes is who is the successful bidder regardless of when bids are submitted through whatever channels are used.



3. The Winning Bidder covenants and agrees to purchase the subject personal property at the price of the winning bid, and upon the terms and conditions hereinafter provided.



4. Within 24 hours of the close of the auction event, the Winning Bidder for the property shall receive an e-mail from Bauer Auction Service, LLC which will detail a date, a time, and a location for the retrieval of the subject personal property, subject to further specific arrangements of the parties, including options for shipping and electronic payments.



If bidder is in-person the auctioneer saying sold serves as notice to the bidder, an email will not be sent.



5. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, certified IL check, or credit card (+4%), make arrangements for payment via bank wire.



6. You are solely responsible for the safe and timely pick-up and removal of any items you may win at 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.



(a) The Auctioneer reserves the right to use video surveillance onsite during any auction-related event and you hereby consent to such surveillance on behalf of yourself and your agents. When picking up your items, you and/or your agent hereby grant to Auctioneer the right to record your and/or your agent's image, photograph, likeness, and voice by any technology or means.



(b) 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 pick up times.



7. Failure to appear at the appointed date, time, and location by the Winning Bidder, shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred.



8. Buyer understands that lack of communication/ not appearing at pick up may result in the invoice being charged to the registered credit card plus any fees associated with resources required to transport/store your items for alternate pick up.



9. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Fifth Judicial Circuit, Coles County, Charleston, Illinois.



10. Time shall be of the essence as to all of Buyer's obligations.



11. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material.



12. You acknowledge that if it is possible Bauer Auction Service will provide you with the opportunity to inspect the items being offered for online bidding. If a preview is available, Bauer Auction Service strongly encourages you to attend the scheduled inspection for all our online auctions, which will take place on a specific date, time and location. If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. You are given an opportunity to inspect the items being offered for sale in this auction, you acknowledge and agree that, by bidding on a given item, you have had a full and fair opportunity to inspect such item, and that you are relying solely on, or that you have waived, such inspection and investigation (a) in determining whether to bid, (b) in determining the amount of a bid, and (c) in bidding.



In situations where there is no ability to preview/inspect items you may request additional photos and details.



13. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledge persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records.



14. By registering and bidding, the Buyer acknowledges they understand, accept and agree to these Terms and Conditions.



15. Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder account - including contact information and credit card information - changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change.



16. We want everyone to get a good deal and enjoy the online auction experience. However, when you bid on the wrong item or decide an item is not suited for your intended use, neither our sellers nor our auction company will 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, nor for any claim against the Auctioneer.



17. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning.



18. 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. Bauer Auction Service will not automatically assume that any bid - even a bid that increases your own, lower bid - was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. You understand and agree that you will be held responsible for having made all bids that are made using your account, even when such bids are made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer.



19. All aspects of this auction are subject to change without notice. Bauer Auction Service reserves the right to - at any time and in the Auctioneer's sole and absolute discretion - (a) add or remove items from the auction, (b) split or combine lots, (c) add minimum bids or reserve prices, (d) cancel, suspend, extend, or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction's closing, inspection, or removal times, (f) reopen the bidding in its sole and absolute discretion, or (g) 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. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller.



(a) Suspension: You understand and agree that if, at the end of this auction if you do not appear at pick up and Bauer Auction Service is twice unable to charge your credit card for the entire amount of your purchases, Bauer Auction Service may suspend your online bidding privileges indefinitely. Bauer Auction Service may reinstate suspended accounts in the Auctioneer's sole and absolute discretion.



(b) 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.



22. Buyer's Premium: See auction terms for specific buyer premium information.



23. 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 Bauer Auction Service suspending your online bidding privileges indefinitely. 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.



24. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.

Closing Out - - Retirement Farm Auction Live - - Onsite 4 miles East of Mattoon, IL on Rt. 16, North 5 � miles on Loxa Road (1100 E) and East 1 � miles on 1300 N Wednesday, January 7th LIVE AUCTION BEGINS at 9:00 A.M. ONLINE AUCTION BEGINS at 12:00 NOON on Lot 1 of cataloged lots 6 Tractors Case IH 9250 - - Steiger Wildcat - - Case IH 7130 - - IH 5288 & 1086 Case IH 9250, 12 speed, 8 -20.8x38, 3555 hours; Steiger Wildcat, Cummins, 12 speed, 8- 18.4 x38, 5397 hours, engine rebuilt; Case IH 7130 FWA, 18 speed PS, 18.4R 42 w/ duals, 1200 hours on engine rebuild; IH 5288 20.8 x 38 with duals, rebuilt rear, 4123 hours; IH 1086 18.4 x 38 w/ duals, 5311 hours; IH M, M&W, 9 speed w/ loader; Set of 18.4x38 duals; Case IH 5088 Combine - - 3 Grain Trucks - - Auger Cart - - Augers 2010 Case IH 5088 AFS Axial Flow Combine, #Y9G002979, R42 w/ duals, 3486/2242 hours, annual dealer CMI maintained on a sharp unit; Case IH 2208 8/30 corn head w/ EZ Trail head mover; 25� Case IH 3020 Terra Flex Platfrom w/ J&M head mover; 1997 Ford F8500 Louisville, Cummins, 5/2, w/ A/C, R22.5, Lift axle, 20� Knapheide grain bed, 60� sides, cargo doors, 141K miles; 1982 Ford 8000, diesel, Allison auto, 20� grain bed, cargo doors; 1984 Ford F700 w/ 15� grain bed; A&L F600 600 bu. grain cart w/ like new R30.5 tires; Mayrath 10� x 72� swing away auger; Hutchinson 8� x 62� swing away auger; 6� & 8� Transport augers w/PTO, hyd. and electric; 6 Row down corn reel; Alloway 10� x 72� swing away auger; JD 1780 & 1760 Planters - - JD 750 Drill - - Hagie Sprayer - - Seed Wagons J.D. 1780 12/23 Conservation max emerge plus, NT, 3bu bean boxes, PTO hydraulic pump, 250 monitor w/ 12 corn & herbicide boxes; JD 1760 12/30 Conservation ground drive max emerge plus, NT; 2 Very sharp planters used on 350 acres each with annual JD maintenance; JD 750 soybean drill w/ 20� (24/10) conversion, Yetter markers; Hagie 280 sprayer, diesel, 4x4, 60�, twin 400G tanks, foam markers; 6 - 150/200 bu. gravity wagons, 3 w/ hyd. augers; Farm Machinery Case IH 18� MRX 690 disk ripper; 28� Case IH 4800 FC w/ 5 bar harrow; 30� IH 4700 FC; 30� Fuerst harrow; IH 183 12/30 cultivator with RF; 30� IH 496 Disk; 32� IH 490 disk; 24� Glencoe & 28� Kent soil finishers; M&W 1465 & 1460 disk rippers; Landoll 9 shank soil saver; J.D. 400 20� & 24� Rotary hoes; 24� Harrogator; 27� Triple K FC w/ rolling baskets; 28� JD Implement trailer; IH 800 12/30 Kelderman fold planter; 12� Scraper; 18� IH 370 Disk; IH 710 5/16 plow; Rack wagon; 2 - IH 7� sickle mowers inc/ 1300; 4 & 8 Row cultivators; 4 Ripper shanks; Saddle tanks; 3pt. Sprayer; Older machinery and parts; 1999 Corvette � 10 Honda Motorcycles � 5� x 10� Cargo Trailer To sell at 12 Noon: 1999 Corvette C5, 350, auto, removable top, new tires, black with grey interior, original w/ 80K adult driven miles! 10 Honda motorcycles: 125, 2- 350 4cyl, 400 4cyl, 450, 500 4cyl, CX 500, 550 4cyl; Interstate 5� x 10� enclosed cargo trailer w/ ramp door; 3pt. Backhoe � Mowers � Tanks � Seed Handling � 8 Wagon Loads! 3pt Long 300 backhoe; Like-new Tora electric 4,000 lb pallet jack; Husqvarna & Craftsman 23 & 25 HP mowers; 2 � 1500 G & 450 G poly tanks; 180 G Fuel tank w/ 12v pump; 300 G Overhead fuel tank; Several 210 G Poly totes w/ cages; 15 G Cyclone tank; 2 Cleland seed spirals; 2 Clipper 1B seed cleaners; Seed thresher; Baggers; Bag conveyor; Platform & antique counter scales; Grain leg & parts; 5 � 1,000 bu. Bulk tanks, 9� diameter, disassembled; Bin fans/heaters/sweeps/out augers; Aeration, augers, tubes; 1800 bu. Holding tank for salvage; 23 � 54 �� x 57 �� Seed screens; Elec. Motors up to 9HP; Heavy air/hyd. shop press; 3� Metal brake; Generators up to 6500W, electric start; 3pt. Forklift; Craftsman table, radial and band saws; Water transfer pumps; 3pt. Log Splitter; Engine hoist; Hydraulic cylinders; Tires & wheels; Lumber; 4� x 8� Shelving; Portable cooker; Metal roofing; Parts bins; Antique trunks; Horse drawn 2 row planter, 1 Bottom plow and 5 hole drill; 12 G & back pack sprayers; Tools; Supplies; Chemicals; 2025 Seed beans; 8 more wagon loads! Machinery was used on 700 acres. Large Live auction stating at 9 A.M. with internet bidding (5% buyer premium) on select items starting at 12:00 Noon. GPS Address Loader Available 13110 N CO RD 1270 E Charleston, IL 61920 Larry Coutant, owner Phone: 217-232-6219 Bauer Auction Service, LLC Hank Bauer - (217)259-5956 Don Bauer - (217)259-5093