Personal Property Terms & Conditions:

This is an ONLINE ONLY internet auction for the sale of items owned by the Chad Moser Estate. All items sold "AS-IS" without warranty or guarantee of any kind. Please inspect photos and attend the inspection date. For questions contact Dan Clark Auction & Realty (605) 842-6075
GENERAL ONLINE AUCTION TERMS & CONDITIONS

VERY IMPORTANT!!! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND CONDITIONS AS STATED!!

Preview and Removal Location: Items will be Preview & Pickup at (2) Separate locations: at the building site, 228 East 2nd Street, Winner, SD and at the Automate Store, 126 West 1st Street, Winner, SD (please use the alley entrance)

Preview Dates on April 9th & April 10th at 1:00 P.M. to 4:00 P.M. at the property site 228 East Street, Winner, SD and also at the Automate Parts Store, 126 West 1st St, Winner, SD (Use the alley entrance)

Auction Pickup (limited shipping, contact auctioneer) will be on Saturday, April 12, 2025, from 9:30 A.M. to 4:00 P.M. after that, by appointment only.
Buyer’s Premium: 5% (Five Percent) $1000 maximum per item

Payment: Winning bids will be paid by cash, check, wire transfer within 48 hours of auction close. Credit Cards are accepted with an additional 3.5% convenience fee. Any invoices (under
$1000) not settled for by April 13, at 5 pm will be automatically charged to the credit card used at registration unless prior arrangements are made.
Shipping: Limited Shipping, check with auctioneer before bidding. All large items are PICK UP ONLY at the respective item location(s).

Dan Clark Auction & Realty, LLC Online Auctions Feature "A MAX BID" Option as well as a "SOFT CLOSE".
"A MAX BID" may be placed on any item and the computer will bid on your behalf, thus eliminating the need to continually watch your bids. This option is highly recommended, so you do not miss out on an item you are bidding on. In the event you do not use the MAX BID feature, and you are out bid you will be notified via e-mail or text that you have been outbid and will have the opportunity to raise your bid.
"THE SOFT CLOSE" feature means any bid received in the final minutes of the auction will automatically extend bidding on that particular item or lot by 60 seconds to allow another bidder the opportunity to raise their bid.
GENERAL TERMS: The auction will be conducted by Dan Clark Auction & Realty, LLC on behalf of the owners of the property, referred to as the Seller. The Auctioneer is not responsible for the acts or representations of Seller. The auction shall be governed by the terms set forth herein (the agreement), and any additional terms and conditions that are posted concerning the specific property. The Agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and Seller/Auctioneer. The term Bidder or Buyer shall include, but not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties. Auctioneer reserves the right to periodically change the terms and conditions of the Agreement, which shall be effective immediately upon posting. It is the Bidders responsibility to review any and all changes made to these terms and conditions prior to bidding on property. The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement. All persons attending, inspecting or removing property, assume all risks whatsoever of damage or loss to the person and property and specifically release the Auctioneer from all liability. The auctioneer is not liable for reason of any defect in, or condition of, the property or the premises on which the preview/sale is held. The Auctioneer is released for any claims for actual damage to the property sold and/or consequential damages that may result from the sale of defective property.
DISCLOSURES/NO WARRANTY: There is no warranty offered, expressed or implied, by Dan Clark Auction & Realty, LLC or Sellers for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. All information provided is believed to be correct but NO warranty as such is either expressed or implied, including but not limited to the merchantability or fitness for a particular purpose. Bidder is solely responsible to determine condition, age, authenticity, value or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended. ALL SALES ARE FINAL!!
Auctioneer reserves the right to add or withdraw property from the auction, and/or regroup items. Auctioneer reserves the right to sell property absolute or with reserve, at Sellers discretion. The Seller DOES have the right to make the final bid, and the Auctioneer DOES have the right to bid on behalf of the Seller. The auctioneer reserves the right to open the bid as the result of a tie bid or discrepancies in the bid.
Buyer assumes full responsibility for property at time of purchase, and all risk of loss and damage to property. All titles will be assigned to the registered buyer unless notification is received by the auctioneer at the end of auction. NO TITLES WILL BE ISSUED UNLESS COMPLETELY FILLED OUT.
BIDDER REGISTRATION: Bidder must be 18 years of age or older and are required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/username and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised.
Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable.
BIDDING: Bidder must register to participate in the auction. Read the descriptions of each lot and view photographs carefully. If you have any questions, call 605-842-6075. Should you visit the viewing location, please personally inspect the property on which you intend to bid during the date(s) indicated in the details per item when applicable. Using YOUR knowledge and
experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. All items are sold "AS-IS WHERE IS AND WITH ALL FAULTS", this is an AUCTION, and all SALES ARE FINAL. Bids cannot be retracted and are binding contracts between Bidder and Auctioneer/Seller. Bidder is accountable to be informed about property and associated costs before bidding. A maximum bid can be placed on property. A maximum bid is kept confidential, and Bidder authorizes Auctioneer to place bids on his/her behalf up to the amount of the maximum bid. Upon sale of property, identifying information and purchase amount will be posted for a designated period of time. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. Auctioneer reserves the right to reopen bidding. Auctioneer decisions will be final.
BUYERS PREMIUM: A Buyers premium of 5% -with a $1000 maximum per lot - will be charged on each purchases Unless otherwise stated. A buyer's premium, an advertised percentage of the high bid or flat fee added to the high bid will be added to the high bid and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyer's premium. Example if an item is sold for $100.00 + 5% buyer's premium= Final bid price $105.00
PAYMENT TERMS: Sales tax, when applicable, will be charged on both the purchase price, buyer's premium and credit card convenience fee. Taxes, fees, shipping, handling, insurance, storage and security charges are Buyers expenses, and will be calculated and rendered due to the sale of the property. Payment will be made in full by the buyer. Upon making payment for property, no stop payment of funds will be honored. Any stop payment order of a check or giving a check which is returned marked insufficient funds, shall be deemed by the parties to be a prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties with an intent to defraud. If you are from another country other than the US, you must pay in US funds.
REMOVAL OF PROPERTY/ SHIPPING TERMS: Buyer assumes full responsibility of property at time of purchase, and all risk of loss and damage to property. Property will not be removed from sale premises until payment in full has been received. Any and all methods of lifting, towing, and/or hauling are the Buyers’ responsibility. Shipping is limited to small items only, check with the auctioneer before bidding to make sure shipping is allowed. The final day of removal will be posted with property information. Any and all property not removed by Buyer by the final day of removal will revert back to the Auctioneer/ Seller and may be resold at auction or disposed of in any other manner that seems to be suitable.
CHOICE OF LAW: The laws of the State of South Dakota governs this agreement. Any dispute arising from the terms of this auction shall be brought to a court of Tripp County, South Dakota.


ONLINE BIDDING INFORMATION: If you are participating in an online auction, the following additional terms will apply to the Auction Terms & Conditions set forth above: OBTAINING A USERNAME & PASSWORD: Click on BUYER LOGIN on our Home Page and then CREATE A NEW ACCOUNT. Follow the instructions. If you need assistance feel free to contact us at 605-842-6075.
BIDDING IN THE ONLINE AUCTION: Once you are registered and have your Username & Password, you may place bids as soon as a lot opens for bidding. Your bids are FINAL and constitute a binding contract. Please be aware that lots will close at various times and possibly different days and may be extended. You are responsible for monitoring these close times.
Please bid early to avoid disappointment. Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you in regard to bid confirmations and/or outbid notifications. All lots for the on-line auctions shall be paid in full by Certified Funds prior to pick up. An invoice will be sent to your registered e-mail address within 24 hours following the conclusion of the auction.