October 18 - 6:07 PM - NEW Construction & Landscaping Equipment, Golf Carts, Shipping Containers, & More Auction - 534 W Grand Avenue, Beloit, WI

AUCTION TERMS & CONDITIONS

Welcome to Beloit Auction. All property offered in this auction is located at 534 W Grand Avenue, Beloit, Wisconsin, unless otherwise stated. By registering to bid, placing a bid, or purchasing any property offered for sale, each bidder and buyer agrees to be bound by these Terms & Conditions. Please read them carefully before participating.

(1.) Bidder Registration

• YOU must register to bid. Auctioneer may establish registration requirements and qualification criteria in Auctioneer's sole discretion.
• You must provide all identifying, contact, and financial information requested during registration.
• Auctioneer reserves the right to refuse registration, revoke or suspend bidding privileges, reject any registration, or allow participation by an unregistered bidder at Auctioneer's sole discretion.
• By registering for this auction and placing a bid, Buyer acknowledges that they have read, understand, and agree to be legally bound by these Terms & Conditions.
• Each registered bidder is assigned a unique bidder number. Buyer is solely responsible for all bids placed using that bidder number.
• All bids placed through Buyer's account are irrevocable and constitute a legally binding obligation to purchase if Buyer is the successful bidder.
• Buyer is solely responsible for every bid and maximum bid entered into the bidding platform, whether entered intentionally, accidentally, or by mistake.

(2.) Account Responsibility

• Buyer is responsible for maintaining the confidentiality of their username, password, bidder number, and account credentials.
• Buyer is liable for ANY AND ALL activity occurring under their account.
• Buyer agrees to immediately notify Auctioneer of any unauthorized use of their account.

(3.) Auctioneer's Discretion

Auctioneer reserves the right, in its sole discretion, to:

• Reject any bid.
• Regulate bidding increments.
• Resolve bidding disputes.
• Reopen bidding.
• Combine or divide lots.
• Withdraw any lot before or during the auction.
• Re-offer any lot.
• Correct clerical, administrative, cataloging, or inventory errors.

Auctioneer further reserves the right to cancel any sale resulting from clerical errors, technical malfunctions, duplicate listings, incorrect photographs, incorrect quantities, lotting errors, inventory errors, or any other circumstance that, in Auctioneer's sole judgment, would prevent a fair auction.

Auctioneer's records of bidding activity, invoices, communications, and transactions shall be deemed final and conclusive in resolving any dispute.

Auctioneer's decisions shall be final and binding upon all parties.

(4.) Inspection & Property Condition

• ALL PROPERTY IS SOLD "AS IS, WHERE IS, WITH ALL FAULTS."
• Neither Auctioneer nor Seller makes any representation or warranty, express or implied, regarding authenticity, age, condition, quality, completeness, merchantability, fitness for a particular purpose, title, or non-infringement.
• Photographs, videos, measurements, dimensions, descriptions, and condition reports are provided solely as a convenience and are not representations, warranties, or guarantees.
• Buyer acknowledges that they are not relying upon any oral statements, opinions, estimates, representations, or warranties made by Auctioneer, Seller, employees, agents, or representatives except as expressly stated in these Terms & Conditions.
• Buyer is solely responsible for inspecting property and determining its condition, authenticity, completeness, suitability, and value prior to bidding.
• Auctioneer does not guarantee that any item is complete, operational, functional, authentic, or suitable for any particular purpose.
• ALL SALES ARE FINAL. No refunds, returns, exchanges, credits, or adjustments will be made.
• Auctioneer is not responsible for errors, omissions, typographical mistakes, inaccuracies, or inconsistencies in lot descriptions.
• Catalog descriptions, photographs, videos, measurements, dimensions, and condition reports are opinions only and are provided solely for Buyer's convenience. They are not guarantees or warranties.
• Buyer is solely responsible for verifying the condition, authenticity, completeness, measurements, dimensions, and suitability of all property prior to bidding.

(5.) Preview & Inspection

• Preview date(s) and times are published for each auction.
• Buyers are strongly encouraged to inspect all property before bidding.
• Property may not be disassembled, altered, or tested in a manner that could damage the item or interfere with the preview.
• Failure to inspect property does not relieve Buyer of any obligation after the auction.

(6.) Payment Terms

Payment & Pickup

• Payment and pickup must occur during the dates and times published for this auction.

Buyer's Fee

• A 16% Buyer's Fee will be added to the final bid price of each lot, plus applicable sales tax.
• The Buyer's Fee is earned by Auctioneer as compensation for conducting the auction and is non-refundable.

Accepted Forms of Payment

Invoices Under $400.00

Accepted payment methods include:

• Cash
• Wire Transfer
• Visa
• Mastercard
• Discover
• American Express
• Debit Card

A 3.5% convenience fee applies to all card transactions.

Invoices from $400.00 through $9,999.99

Accepted payment methods include:

• Cash
• Wire Transfer

Invoices of $10,000.00 or More

Accepted payment method:

• Wire Transfer only

Additional Payment Terms

• Auctioneer reserves the right to require payment by cash or wire transfer for any invoice, regardless of amount, whenever deemed necessary for fraud prevention, verification of funds, risk management, or any other reason.
• Checks are not accepted.
• All purchases must be paid for in full using cleared funds before any property will be released to Buyer or Buyer's authorized representative.
• Time is of the essence with respect to all payment and removal deadlines.

(7.) Chargebacks & Payment Disputes

• Buyer acknowledges that initiating a credit card chargeback, debit card dispute, bank dispute, or other payment dispute does not cancel or void Buyer's contractual obligation to pay for purchases made at auction.
• Buyer remains responsible for the full purchase price, Buyer's Fee, attorney's fees, court costs, collection costs, administrative expenses, and all other costs incurred by Auctioneer in collecting unpaid amounts, to the fullest extent permitted by law.
• An unsuccessful or improper payment dispute shall constitute a default under these Terms & Conditions.

(8.) Default & Remedies

If Buyer fails to pay for purchases, fails to remove property within the stated removal period, or otherwise breaches these Terms & Conditions, Auctioneer may, at its sole discretion:

• Cancel the sale.
• Resell the property at public auction or private sale.
• Retain any payments previously received as liquidated damages, where permitted by law.
• Suspend or permanently revoke Buyer's bidding privileges.
• Refer the account to a collection agency.
• Commence legal proceedings to recover all amounts due.

Buyer shall remain liable for any deficiency, storage charges, administrative fees, resale expenses, attorney's fees, court costs, collection costs, and all other damages and expenses incurred by Auctioneer as a result of Buyer's default.

(9.) Pickup & Removal

Pickup Hours

• Monday, October 19, 2026: 10:00 AM to 3:00 PM
• Tuesday, October 20, 2026: 10:00 AM to 3:00 PM
• Wednesday, October 21, 2026: 10:00 AM to 3:00 PM
• Unless otherwise stated, all purchases must be removed no later than 3:00 PM on Wednesday, October 21, 2026.
• Shipping containers must be removed no later than 3:00 PM on Saturday, October 24, 2026.
• A $100.00 Administrative & Handling Fee, plus applicable sales tax, may be assessed on any unpaid or unclaimed invoice and charged to the payment method on file, where permitted by law. This fee does not limit Auctioneer's right to pursue any additional remedies available under these Terms & Conditions or applicable law.
• Property not removed by the stated deadline shall be deemed abandoned. Buyer forfeits all right, title, and interest in the property without refund. Auctioneer may dispose of, donate, retain, or resell the property without further notice or compensation to Buyer.
• Buyer expressly waives any claim to abandoned property after the stated removal deadline.
• Failed or declined payments may result in suspension or permanent revocation of bidding privileges, assessment of applicable fees, referral to collections, and/or legal action.
• Buyers must provide their own vehicles, trailers, labor, tools, boxes, packing materials, tie-downs, and equipment necessary to safely load and remove their purchases.
• Beloit Auction will provide reasonable forklift assistance with loading heavier items when available; however, such assistance is provided solely as a courtesy. Buyer assumes all risk associated with loading operations and remains solely responsible for loading, securing, transporting, and removing all purchases.
• Buyers are responsible for any damage caused by themselves, their employees, agents, movers, freight companies, or carriers to Auctioneer's buildings, grounds, equipment, or the property of others while loading or removing purchased items.
• Buyers using a third-party carrier, freight company, moving company, or other pickup service must contact Beloit Auction at (608) 364-1965 at least 24 hours prior to the scheduled pickup.
• A completed Bill of Lading (BOL) must be emailed to [email protected] at least 24 hours prior to the scheduled pickup.
• The Bill of Lading must identify the purchaser, invoice number, lot number(s), and the authorized pickup company.
• Merchandise will not be released to any third-party pickup service without prior authorization and receipt of the required Bill of Lading.
• Third-party pickup services are responsible for providing all labor, equipment, packaging materials, and transportation necessary to safely remove purchased property.

(10.) Communications

• By registering for this auction, Buyer consents to receive communications from Beloit Auction by email, text message, telephone, or other electronic means regarding bidder registration, bidding activity, invoices, payments, pickup, shipping, auction updates, account matters, and other auction-related communications.
• Buyer also consents to receive Beloit Auction newsletters, auction announcements, promotional emails, and other marketing communications. Buyer may unsubscribe from marketing emails at any time by using the unsubscribe link contained in the email or by contacting Beloit Auction directly.
• Buyer understands that transactional communications relating to bidder registration, bidding activity, invoices, payments, pickup, shipping, account activity, and other auction-related matters are considered essential to the administration of the auction and cannot be unsubscribed from.

(11.) Theft & Tampering

• Anyone caught tampering with merchandise, lot tags, security devices, or engaging in theft or shoplifting will be immediately removed from the premises.
• Beloit Auction reserves the right to revoke bidding privileges and pursue criminal prosecution and all available civil remedies to the fullest extent permitted by law.

(12.) Legal Contract

• At the close of each lot, a legally binding contract of sale is created between Buyer and Seller in accordance with applicable law, including Uniform Commercial Code § 2-328, where applicable.
• Ownership of purchased property transfers to Buyer only after payment has been received in full with cleared funds.
• Risk of loss passes to Buyer upon release of the purchased property to Buyer or Buyer's authorized representative.
• Buyer is responsible for safeguarding all purchases immediately upon taking possession.

(13.) Buyer Responsibilities

• Buyers must provide their own packing materials, boxes, pallets, vehicles, trailers, labor, loading assistance, tie-downs, and transportation necessary to safely remove purchased property.
• Buyers are responsible for complying with all applicable federal, state, and local laws, regulations, and safety requirements relating to the loading, transportation, possession, ownership, and use of purchased property.

(14.) Auctioneer & Staff Bidding

• Beloit Auction owners, officers, employees, affiliates, consignors, and members of their immediate household may bid on and purchase merchandise unless otherwise prohibited by law.
• All bidding by Auctioneer personnel shall be conducted in accordance with applicable Wisconsin law.

(15.) Sales Tax & Exemptions

• Sales tax will be collected as required by applicable law.
• Buyers claiming a sales tax exemption must submit a valid exemption certificate and receive Auctioneer approval before bidding. No retroactive sales tax refunds will be issued.
• Buyers are responsible for reporting and paying any applicable use tax required by their state or other taxing authority.

(16.) Right to Withdraw Lots

• Auctioneer and/or Seller reserve the right to add, delete, combine, divide, or withdraw any lot before or during the auction without prior notice or liability.
• Auctioneer may also correct cataloging errors, photographs, descriptions, quantities, or other listing information at any time prior to the completion of a sale.

(17.) Indemnification

• Buyer agrees to indemnify, defend, and hold harmless Beloit Auction & Realty, Inc., Beloit Auction Service, Inc., Seller, and their respective owners, officers, directors, employees, agents, affiliates, representatives, successors, and assigns from and against any and all claims, demands, damages, losses, liabilities, judgments, costs, expenses, attorney's fees, and causes of action arising out of or related to Buyer's registration, bidding, payment, pickup, loading, transportation, possession, ownership, or use of purchased property.
• This indemnification obligation shall survive the completion of the auction and Buyer's removal of purchased property.

(18.) Force Majeure

• Auctioneer shall not be liable for delays, interruptions, or failure to perform resulting from events beyond its reasonable control, including but not limited to severe weather, fire, flood, natural disasters, labor disputes, utility outages, internet or communication failures, governmental actions, pandemics, transportation delays, acts of God, or any other force majeure event.
• In the event of a force majeure occurrence, Auctioneer may postpone, extend, suspend, reschedule, or cancel any portion of the auction without liability.

(19.) Age Requirement

• Buyers and bidders must be at least 18 years of age to register and participate in this auction.

(20.) Premises Liability

• All persons entering Auctioneer's premises, preview locations, payment locations, or pickup locations do so entirely at their own risk.
• Buyers are responsible for their own safety and the safety of their employees, agents, contractors, movers, and guests while on Auctioneer's property.
• Buyers assume all responsibility for injuries, death, property damage, or losses occurring while inspecting, loading, or removing purchased property.
• Beloit Auction shall not be liable for accidents, injuries, death, or property damage occurring on the premises, except to the extent caused by Auctioneer's gross negligence or willful misconduct.

(21.) Media & Marketing

• By participating in this auction, Buyer grants Auctioneer permission to photograph, video record, or otherwise capture images or audio during preview, payment, loading, or pickup.
• Buyer authorizes Auctioneer to use such photographs, videos, or recordings for advertising, promotional, educational, historical, or marketing purposes without compensation or further notice.

(22.) Staggered Closing

• This auction utilizes a staggered closing format.
• Lots will begin closing at the scheduled time and will close at the intervals displayed on the online bidding platform unless extended by the Soft Close feature.

(23.) Soft Close

• If a bid is placed within 90 seconds of a lot's scheduled closing time, bidding on that lot will automatically extend an additional 90 seconds.
• Additional extensions will continue until no further bids are received during the final extension period.

(24.) Technology Disclaimer

• Auctioneer is not responsible for interruptions, internet outages, software failures, delayed bid transmissions, mobile device issues, power failures, or other technological malfunctions that may affect bidding.
• Auctioneer reserves the right to reopen bidding, extend bidding, suspend bidding, void any sale, cancel any transaction, or resell any lot affected by a technological malfunction.
• Auctioneer's determination regarding any technical issue, bidding dispute, software malfunction, or system interruption shall be final and binding upon all parties.

(25.) Severability

• If any provision of these Terms & Conditions is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions.
• The remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

(26.) Governing Law & Venue

• These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles.
• Any dispute arising out of or relating to this auction, these Terms & Conditions, or the purchase or sale of any property shall be brought exclusively in the Circuit Court of Rock County, Wisconsin, unless otherwise required by applicable law.
• Buyer agrees that Auctioneer shall be entitled to recover its reasonable attorney's fees, court costs, collection costs, and all other expenses incurred in enforcing these Terms & Conditions, to the fullest extent permitted by law.

(27.) Limitation of Liability

• Auctioneer's maximum liability to any Buyer or bidder shall be limited to the amount actually paid by Buyer for the specific lot giving rise to the claim.
• Under no circumstances shall Auctioneer, Seller, or their respective owners, officers, directors, employees, agents, affiliates, or representatives be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost business opportunities, transportation costs, labor costs, storage costs, travel expenses, loss of use, or other economic losses arising out of or relating to participation in this auction or the purchase, removal, transportation, ownership, or use of purchased property.

(28.) Section Headings

• Section headings are provided solely for convenience and shall not affect the interpretation or enforcement of these Terms & Conditions.

(29.) Entire Agreement

• These Terms & Conditions constitute the entire agreement between Buyer, Seller, and Auctioneer with respect to this auction and supersede all prior or contemporaneous oral or written statements, representations, negotiations, agreements, or understandings relating to the subject matter herein.
• No modification, amendment, or waiver of these Terms & Conditions shall be binding unless made in writing by Auctioneer.

(30.) Acceptance of Terms

• By registering to bid, placing a bid, or purchasing any property offered for sale, Buyer acknowledges that they have read, understand, and agree to be legally bound by these Terms & Conditions.
• Buyer further acknowledges that these Terms & Conditions are enforceable whether or not Buyer has read each provision in its entirety.
• Buyer acknowledges that failure to read these Terms & Conditions does not relieve Buyer of any obligation arising from participation in this auction.