Auction Terms & Conditions � Bidder Terms and Conditions | Larry Wittig Auctioneer and Associate LLC, Harrisonburg, Virginia
Auction pick-up is scheduled Tuesday, February 24 from 10:00 AM to 6:00 PM and Wednesday February 25 from 12:00 PM to 6:00 PM. Due to the Real Estate changing hands this is a hard and fast action time, No other times will be available for pick up.
Buyer�s Premium: 10% for cash/check payments; 15% for credit/debit cards.
A late fee of 20% or $5.00 (whichever is greater) will apply to items not settled and collected by the end of the designated pick-up day. All items are considered abandoned if not paid for and collected during the specified time unless prior arrangements have been made with an auction company representative on behalf of the buyer.
These Bidder Terms and Conditions govern all auctions conducted by LARRY WITTIG AUCTIONEERS AND ASSOCIATES, LLC ("Auctioneer"), forming a legal, valid, binding, and enforceable contract between the Auctioneer and each bidder. They also establish the framework for the contract of sale between the seller and the buyer. For these Terms and Conditions, "YOU" refers to each bidder as defined below.
� Bidder Terms and Conditions; Posted Terms; Announcements; Agreement to Be Bound:
Auctions are conducted pursuant to these Bidder Terms and Conditions, alongside all terms posted on the Auctioneer�s website(s) and those of any online auction platform provider(s) utilized. The auction may be subject to announcements or amendments by the Auctioneer. By participating, YOU agree to comply with these Bidder Terms and Conditions.
� Definitions:
� "Auction": An online auction sale conducted by the Auctioneer.
� "Bidder": Any individual or entity�including their agents or representatives�who registers, bids, purchases, or otherwise participates in the auction.
� "Bidder Account": The identifier issued by the Auctioneer to each bidder.
All items will be considered abandoned if not picked up and paid for at the scheduled date and time, unless prior arrangements have been made with an auction company representative on behalf of the buyer. Any item deemed abandon will be gifted to a �Charity� of the Auction Company�s choice.
These Bidder Terms and Conditions govern all auctions conducted by LARRY WITTIG AUCTIONEERS AND ASSOCIATES, LLC ("Auctioneer"), forming a binding and enforceable contract between Auctioneer and each bidder. These terms also establish the basis for the contract of sale between Seller and Buyer. The term "YOU" refers to each bidder as defined below.
Bidder Terms and Conditions; Posted Terms; Announcements at the Auction; Agreement to Be Bound. Auctions are conducted in accordance with these Bidder Terms and Conditions, as well as all additional terms posted on Auctioneer�s website(s) and those on any Online Auction Platform Provider(s) used by Auctioneer. Auctions may be subject to announcements or corrections by Auctioneer. By participating, YOU agree to abide by these Bidder Terms and Conditions.
Definitions. Key definitions for these Terms include: "Auction" as any online auction held by Auctioneer; "Bidder" as any person or entity (and their representatives) registering, bidding, purchasing, or otherwise participating in the Auction; "Bidder Account" as the identifier assigned to a bidder; "Bidder Registration" as the process and information required for a prospective bidder to participate; "Buyer" as the winning bidder on a lot; "Buyer's Premium" as the percentage added to the Hammer Price, payable by the buyer to the Auctioneer; "Contract Price" as the Hammer Price plus Buyer's Premium; "Delivery" as transfer of possession at the lot�s location unless otherwise indicated; "Fall of the Hammer" as the point when Auctioneer declares a lot sold to the winning bidder; "Hammer Price" as the highest bid recognized at the close of bidding; "High Estimate" and "Low Estimate" as non-binding estimates of potential sale values; "Lot" as each item or group for sale; "No Sale" as any unsold lot; "Online Auction Platform" and "Online Auction Platform Provider" as systems and entities facilitating online bidding; "Private Sale" and "Private Sale Price" for sales outside the auction; "Reserve" or "With Reserve" as lots which may be withdrawn or have minimum prices; "Winning Bid" and "Winning Bidder" as the highest accepted bid and its bidder respectively.
Bidder Registration and Qualification. Registration is mandatory to bid. Auctioneer sets registration requirements and qualifications as deemed necessary. Prospective bidders must supply requested information and credentials. Auctioneer reserves the right to refuse, revoke, or limit registration and bidding privileges at its discretion. By registering, natural persons attest they are at least eighteen years of age and legally able to contract; entities assert legal authority to transact. Bidders must acknowledge and agree to all applicable terms and conditions. Auctioneer may accept bids from unregistered parties at its discretion, who will still be bound by these terms. Qualification provisions benefit the Auctioneer and Seller(s) and do not confer rights on third parties. Waivers of qualification may be issued at Auctioneer�s sole discretion.
Bids Received in the Commonwealth of Virginia. All bids and payments are considered received within Virginia, regardless of bidder or lot location.
Buyer's Premium. Each lot is subject to a Buyer's Premium charged to the buyer, calculated as a percentage of the Hammer Price and payable to Auctioneer. This premium is earned with the Fall of the Hammer.
Access to Online Auction Platform, Premises, and Reviews. Bidders assume all risks associated with accessing the auction, either online or in person. Entry to the auction, online platform, or premises may be denied to any individual at Auctioneer's discretion. The auctioneer may publicly post accurate reviews of bidders.
Nature of the Auction. Unless otherwise specified in writing, auctions are conducted With Reserve, allowing Auctioneer to withdraw any lot prior to sale.
No Bid Retraction. Submitted bids cannot be retracted once acknowledged by Auctioneer or entered online. Bid withdrawal disrupts auctions, as auctioneers depend on bids. As a condition of registration and participation, bidders agree not to withdraw bids.
Posted Times- All times referenced are Eastern Standard Time (EST). Closing times are approximate; Auctioneer reserves the right to alter the closing schedule at its discretion.

Handling of Online Bids- Maximum Bid Amounts. YOU may establish a maximum bid amount. Online Bids will ordinarily be initiated at an established opening bid amount or at the next bid increment, which amount may be less than YOUR maximum bid amount. Online bids will automatically be executed competitively up to the Fall of the Hammer (or other termination of the bidding). The receipt and execution of online bids will not create an agency relationship between Auctioneer and YOU.
Party Relationship- Auctioneer is the agent of the Seller(s) and represents the Seller(s) exclusively. Auctioneer is not YOUR agent or representative and is not acting on YOUR behalf.
Bid Increments- Auctioneer may establish bid increments, and may modify or change, bid increments.
Records- Absent clerical errors, the records of Auctioneer will be final and conclusive for all purposes.
Technology Disruptions- Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) errors in programming or set-up of the online Auction, (iii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, close, re-set, or re-start the Auction because of disruptions caused by technology failures or errors, even after bidding has commenced.
Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.
Auto-Extend Feature. Any Online Bidding Period may include an auto-extend feature. This means that, if an online bid is entered within one (1) minute of the scheduled closing of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional one (1) minutes, and will continue to be so extended until there is a set period of time that lapses during which no advancing online bids are received, after which bidding will close.
Disclaimer Regarding Online Auction Platform(s). Auctioneer makes no representations or warranties, and disclaims all representations and warranties, (i) that any Online Auction Platform(s) or any related website(s) or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using any Online Auction Platform(s) or any related website(s) or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of any Online Auction Platform(s), or any related website(s) or technology.
Responsibility for Online Bids. YOU are responsible for all bids transmitted from YOUR computer or from YOUR Bidder Account. If a Winning Bid is sent from YOUR computer or using YOUR Bidder Account, YOU will be the Buyer on certification by Auctioneer.
Winning Bidders Subject to Final Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer, and any email or electronic message (whether generated manually or automatically) is subject to such certification.
Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any Lot, will be the Buyer of the Lot on final certification by Auctioneer.
All Property Sold "AS IS", "WHERE IS", and "WITH ALL FAULTS". ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS "AS IS/WHERE IS" CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR ANY SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR ANY SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY ON, AND YOU HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY ANY SELLER OR ANYONE ACTING AS AGENT OF A SELLER (INCLUDING AUCTIONEER), ORALLY OR IN WRITING, ABOUT ANY LOT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR HAVE WAIVED, YOUR INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF YOUR BID(S), AND (iii) IN BIDDING. IT IS YOUR RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE, OR ANY OTHER DETERMINATIVE FACTORS REGARDING ANY LOT ON WHICH YOU BID.
Bidder's Inspection; Adequacy of Description and Images. YOU are encouraged to inspect the Lot(s), or to have the Lot(s) inspected by YOUR agent or representative before bidding. By bidding, YOU acknowledge and agree that YOU have had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or that YOU have waived inspection and investigation, and that you have not relied on any statement, representation, warranty, or guaranty made by any Seller or anyone acting as agent or representative of a Seller (including Auctioneer), and any photographs or other images of Lot(s) are adequate for YOUR purposes.
Description of Property. Unless otherwise expressly stated in writing, any description of a Lot is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer.
High and Low Estimates. If and to the extent that High Estimates and Low Estimates are used, they are merely a guide. You may not rely on High Estimates or Low Estimates as a prediction of the Hammer Price or the value of any Lot, or for any other purpose. High and Low Estimates are not a guaranty of price or value and are not an indicator of the possible re-sale value of any Lot. High Estimates and Low Estimates do not include Buyer�s Premium.
Announcements. Announcements made, or posted by Auctioneer on the day of, or during, the Auction are binding and take precedence over any prior advertisements or listings.
Bidding by or on Behalf of Seller(s). Seller(s) may not bid directly, or indirectly, on any of their Lot(s).
Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and the decisions of Auctioneer will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. Auctioneer may, in Auctioneer's sole and absolute discretion, reopen the bidding (but will not be required to) if (i) a bid was tendered prior to the fall of the Hammer but went unnoticed by Auctioneer until called to Auctioneer's attention after the Fall of the Hammer or other termination of the bidding, or (ii) a technology disruption, failure, or error, caused a bid that was tendered, or attempted to be tendered, prior to the hammer from being received or recognized, or (iii) some other error or dispute occurs. Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened, the High Bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of a contract of sale for any Lot sold at the Auction regardless of the Hammer Price, and these Bidder Terms and Conditions, together with the records of Auctioneer identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms and Conditions will be incorporated into and made a part of each contract between a Buyer and a Seller.
Payment. All Lots must be paid for in full at or before the pick-up date and time set forth in the specific Auction listing. Payment may be made in cash, by approved check, by credit card, by certified funds, or by wire transfer. Auctioneer may require that the payment of large amounts be made by certified funds or wire transfer. Purchases will be shipped only after payment has cleared. For Debit/Credit Cards payments, an Additional Buyer's Premium will be added five percent (5%) of the Total and is earned by (and may be retained by) Auctioneer with the Fall of the Hammer.
Title. If YOU are certified as the Winning Bidder on a Lot by Auctioneer, YOU will be contractually obligated to pay the Contract Price for that Lot. However, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and posted in the auction account.
Delivery; Sales Tax. All Lots will be delivered to YOU at the physical location of such Lot(s) at the close of the Auction which will be either (i) at Auctioneer's location in the Commonwealth of Virginia, or (ii) at such other location inside or outside the Commonwealth of Virginia as indicated in the specific Auction listing, or (iii) as otherwise designated by Auctioneer. Auctioneer has no obligation to move or relocate any Lot(s) to YOUR location or to a location designated by YOU. YOU may designate, appoint, and empower an agent to accept delivery of YOUR purchases at the point of delivery, and to arrange for shipment of YOUR property to a location designated by YOU. Unless an exemption applies, all purchases are subject to sales tax in the jurisdiction where delivery occurs as set forth in the specific Auction listing and these Bidder Terms and Conditions. Sales tax will be collected at the point of delivery as set forth in the specific Auction listing and these Bidder Terms and Conditions and will be remitted to the applicable taxing authorities. The foregoing notwithstanding, if another jurisdiction or taxing authority (including, without being limited to, the jurisdiction in which YOU reside, conduct business, or maintain the Lot(s) purchased by YOU) requires the collection and remittance of sales tax, use tax, or a similar tax, YOU will be responsible for payment of an amount equal to such tax. If it is determined that sales tax is collected and paid to the wrong taxing authority, YOU and Auctioneer will cooperate in efforts to obtain a refund of such tax and its remittance to the proper taxing authority.
Pick-up and Removal; Shipping; Insurance. YOU are responsible for pick-up and removal of Lot(s) purchased by YOU. Pick-up location and removal dates and times will be as posted on Auctioneer's website or otherwise announced by Auctioneer. Unless otherwise agreed, YOU are solely responsible for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneer and Seller(s). Any Lot(s) shipped to YOU will be via a shipment contract free on board at the location at which the Lot(s) are handed over to the United States Postal Service, a common carrier, courier, or other delivery service as indicated in the Auction listing. Possession and risk of loss will pass to you at the point of shipment. YOU are responsible for providing insurance to protect your investment in all Lots purchased by YOU.
Failure to Pick-up or Arrange for the Delivery; Abandoned Property; Storage. Any Lot(s) not removed within one (1) day after the Auction will be deemed abandoned to Auctioneer, even if paid for, and YOU will give up all rights with respect to such Lot(s). Under any circumstances, YOU are responsible for the full Contract Price of all Lots on which YOU are the Winning Bidder.
ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
No Credit Card Chargebacks. YOU agree that YOU will not, under any circumstances, initiate a credit card chargeback with respect to any purchases at the Auction. YOU further agree that if, in violation of these Terms and Conditions, a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive evidence of YOUR agreement not to initiate a credit card chargeback; and YOU acknowledge and agree that on the presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, YOU initiate a credit card chargeback, even if successful, YOU will remain liable for all purchases made at the Auction, and YOU will be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer and/or any Seller(s) in challenging the credit card chargeback and in collecting payment. YOUR agreement not to initiate credit card chargeback is a condition to YOUR Registration as a Bidder, and for the privilege of bidding at the Auction, and is being made as an inducement for Auctioneer to accept YOUR Registration and to permit YOU to bid at the Auction. Auctioneer is relying on YOUR agreement not to initiate a credit card chargeback in accepting YOUR Bidder Registration and in permitting YOU to bid at the Auction.
� Bids Received in the Commonwealth of Virginia. Regardless of your physical location or that of any Lot(s), all bids and payments are processed within the Commonwealth of Virginia.
� Buyer�s Premium. A Buyer�s Premium will be applied to all Lots. This fee, payable by the Buyer to the Auctioneer for its own account, is calculated as ten percent (10%) of the Hammer Price for each Lot and is added to determine the final Contract Price. The Buyer�s Premium is earned by and may be retained by the Auctioneer once the Hammer falls.
� Access to Online Auction Platform; Premises; Reviews. You assume all risks associated with accessing the Auction, including the Online Auction Platform, the premises of the Auctioneer, and any additional locations affiliated with the Auction. The Auctioneer reserves the right to restrict access to the Auction, Online Auction Platform, and affiliated locations at their discretion. Additionally, the Auctioneer may post factual reviews of Bidders, including those who have been blocked, on social media and other platforms.
� Nature of the Auction. Unless expressly indicated otherwise in writing, all Auctions are conducted With Reserve. The Auctioneer reserves the right to withdraw any Lot prior to the Hammer falling.
� No Bid Retraction. Once a bid has been acknowledged by the Auctioneer or submitted online, it may not be withdrawn. You understand and agree that bid retraction disrupts the Auction process. By registering and bidding, you agree not to attempt to retract any bid tendered by you.
� Posted Times. All times referenced are in Eastern Standard Time (EST). Scheduled closing times and displayed times are approximate. The Auctioneer retains absolute discretion to close or extend the Auction as deemed necessary.

Larry Wittig Auctioneer and Associate will be conducting an online auction for the items detailed below. Please note that shipping services are not available unless prior arrangements are formally made with Larry Wittig Auctioneer and Associate. This policy is in place due to time limitations resulting from the sale of the real estate. Antiques- large assortment of crocks (some local), blue jars, iron skillets, WJ Loth Skillets with lid (2), Elkton Elementary School plates, hog scrapers, apple picking bag, apple box from Turkey Hill Mount Jackson, Henry Ralston aplle box, Coin radio, 20 Gallon crock excellent condition, show case, Daisy churn, cast iron #4 dinner bell on a mount (owned by the Heatwole family in Dayton, Virginia), brass bank made by Roy Heatwole, C & O Railway kerosine can, Wagner Ware iron skillet #3 & #4, pint Jackson Dairy Staunton, Virginia nice orange label, carnival glass, autolite miners lamp, prophylactic dispenser with early West Virginia tax seals, ice tongues, pole climbers, military shovel, Mack Truck lapel pin, Griswold patty molds in the original package, Picture of "Reunion Dale Enterprise Literary Society 39th Anniversary August 12, 1924, egg basket, debarking tool, large cast iron griddle, doll crib owned by Clark & Viola Showalter, nut cracker on a bench, ceramic dolls, Shifflett Service Station can opener, Acme whistle, oak sewing rocker owned by Viola Showalter, rockers, rugs, tapestry, knotted comforter with feed sack material, Heatwole & Suter pottery reference book, History of the Heatwole family, Anthony Showalter family lineage books, local school annuals, Framed P Buckley Moss print Furniture- Dressers, queen mattress & box spring (excellent condition) with Hollywood frame, desk, ten-gun cherry cabinet, press back chairs (6), drop leaf dinette table and 2 chairs, reclining sofa (very nice), metal plant stand, oak barrel humidor, bookshelf, bakers' shelf, spool shelf owned by Viola Showalter, sleds, early tractor seat, iron wheels Appliances- Maytag freezer, microwave, television with stand and remote, portable steamer, DVD player, 2 humidifiers, Long-A-Berger stand Kitchen- Corelle dishes, Pyrex bowls, Wolfgang Puck pots & pans, canner kettles, pressure cookers, Revere ware, 10-gallon stainless milk can, hang from the ceiling pot rack (commercial), canning rings & lids, lifetime tables, stainless shelf, large aluminum tray, Stone Crest mugs, Corning ware, infrared oven, silicon baking pans, Hamilton Beach crock pot, Case butcher knife, canning supplies Outdoors- butchering kettles and equipment, wading boots, lots of ammunition, denim clothes, camouflage clothes and gear, large sheet of waterproof camouflage material, pocketknives, hunting calls, gun cases, fishing pole, reels, & lures, targets, Browning left hand rifle stock, holsters, binoculars, recurve bow, arrows, gun rest, shooting table, heavy duty sleeping bag Tool- chain saw mix, 10-amp battery charger, hammers, pliers, wrenches, Milwaukie, DeWalt, Black & Decker, Kobalt, Snap on, Rigid, Craftsman, Stanley, Case of Havoline oil, Ludell socket set, Dremel, Lenox blade package, orchard sprayers, wheelbarrow, seeder, PVC pipe, lumber, Husqvarna riding mower, unused outside water hydrant, log chains, 8' Warner step ladder, electric fence stakes, Snapper push mower, shovels, rakes, digging irons Miscellaneous- left handed baseball glove, Patriot Survival Food kits, 6 Barbie Dolls, genuine ruby & opal necklace, Australian crystal bracelet, FFA jacket & lapel pen belonging to John R. Showalter, belts, hanging shadow box, cross-stitch deer picture signed LHS 82, riding mower, tiller, Stihl chain saws, moveable building, metal, hose, portable ramps, weed trimmers, DR trimmer, and much more not mentioned...