Auction Terms & Conditions Auction Terms & Conditions By registering and participating in this auction, the bidder/buyer agrees to the following TERMS AND CONDITIONS: BUYER'S PREMIUM. A buyer's premium of ten (10%) will be added to the high bid to determine the final selling price for the auction lot. DISCLAIMER. All lots sell as is, where is, with all faults. Dairyland Auction, LLC and the seller do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Dairyland Auction, LLC encourages all bidders to inspect lots in person before bidding. Dairyland Auction, LLC is not responsible for incorrect listing information, if any.  Dairyland Auction, LLC has attempted to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. Printed statements or descriptions by Dairyland Auction, LLC staff are provided in good faith and are matters of opinion. Dairyland Auction, LLC and it's employees act merely as agents for sellers. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers and you hereby agree to hold harmless Dairyland Auction, LLC and their employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features and other data pertinent to the value of the item.

ALL ITEMS ARE SOLD AS-IS WHERE-IS. All items are sold "As-Is Where-Is" unless specific factory or seller issued warranties are listed in the item description.

SALES TAX. ALL APPROPRIATE STATE SALES TAX LAWS WILL APPLY. ***Notify Randy (favreforprez@yahoo.com) before the close of the auction if you have a tax exempt certificate you would like to apply to your winnings. E-mail a copy of your current seller's permit/use tax certificate so we can invoice you appropriately. ***PAYMENT accepted include cash (exact change, please) or good personal or business check at the time of pickup. You will receive an invoice by email with the total amount due.  

  No items may be removed from the auction site until payment is received by Dairyland Auction, LLC.  Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to property at that time. Dairyland Auction, LLC reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.

PICKUP. Pickup will be available on specified dates. **Questions or concerns, please contact favreforprez@yahoo.com or 608-343-3288. If items are not removed by this time, Dairyland Auction, LLC reserves the right to resell the items and retain all sales proceeds as payment for accumulated, unpaid storage and handling.

AUCTION ENDING. Beginning at the stated closing time, the auction software will conclude bidding in catalog order.

DEBT COLLECTION AND COLLECTION CHARGES. The buyer agrees to pay all reasonable attorney fees and other costs incurred by Dairyland Auction, LLC in its efforts to collect unpaid funds due from the buyer under this agreement, regardless of whether or not a civil suit is actually commenced. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Dairyland Auction, LLC. Buyer also authorizes Dairyland Auction, LLC to debit their credit card placed on file by buyer with Dairyland Auction, LLC for any past due amounts owing by buyer under this agreement. The buyer expressly stipulates that this agreement shall be exclusively governed by and construed in accordance with the laws of the State of Wisconsin of the United States of America to the exclusion of any other law or conflicts of law principal that might otherwise apply to the law of any other jurisdiction. Exclusive jurisdiction and venue for any dispute, controversy or claim arising out of or in connection with this agreement shall only be placed in the Federal or State Court with competent jurisdiction located in Madison, Wisconsin. In this regard, the parties consent to the exercise of personal jurisdiction by said courts in any such action.

LIMITATION OF LIABILITY. If for any reason, Dairyland Auction, LLC is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole Dairyland Auction, LLC, if any, shall be the return of monies paid in respect of such Purchase upon its return by Purchaser.

AGE REQUIREMENT. All bidders must be 18 years of age or older.

BIDDER INFORMATION & SECURITY. All registration information the bidder provides to Dairyland Auction, LLC shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Dairyland Auction, LLC  if they believe that their bidder number and password have been compromised.

THE AUCTION WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. The Auctioneer is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time.  

GUN BUYER TERMS:  Must be a resident of the state of Wisconsin and be 18 years of age for long guns and complete Dairyland Auction gun disclosure form.  Individuals purchasing handguns must be 21 years of age and a resident of the state Wisconsin and complete Dairyland Auction gun disclosure form.  No felony record.  Absolutely NO OUT OF STATE BIDDERS.  Winning bidder of firearms must be the person paying for and picking up winning purchases.  NO EXCEPTIONS!!!  Bring your ID to complete the process.  

TAX EXEMPT: You MUST indicate if you are TAX EXEMPT at the time of registration so we can finalize the sale accordingly. Please e-mail a copy of your current seller's permit/use tax certificate so we can invoice you appropriately.

TOM SIMONSON #244 Registered Wisconsin Auctioneer - 608-343-5162

NO SHIPPING FOR THIS AUCTION!!!!

PREVIEW DATE:  THURSDAY, MAY 25, 2023 - 9:00 A.M. to 2:00 P.M. AT E5792 Jothen Lane, Westby, Wisconsin.

AUCTION ENDS:  THURSDAY, MAY 25, 2023 - STARTING AT 6:00 P.M.

PICKUP & PAY:  FRIDAY, MAY 26, 2023 - 9:00 A.M. TO 2:00 P.M. AT E5792 Jothen Lane, Westby, Wisconsin.                   

NO SHIPPING FOR THIS AUCTION!!!

If you cannot abide by the terms, please do not initiate a bid.

Randy & Kathy Frye Cashiers for Dairyland Auction, LLC, P.O. Box 118 Elroy, Wisconsin. 608-343-3288

PROPERTY OWNER and AUCTION COMPANY are NOT responsible for any accidents or injury pertaining to this auction.