Fall Consignment Equipment Auction

FARM • RANCH • RECREATION AUCTION

Join us in person or online October 2 at 9am next door to 101 Livestock Auction!

Consignments are starting to roll in and items will be added to the catalog frequently so get registered and keep checking back to see everything that will be in the auction!

There will be tractors, trailers, equipment, farm & ranch, lumber & building supplies, mowers, boats and more! You still have time to consign as well. We're accepting items through the end of September 28.

Register now at diamondstateauctions.com

THIS IS A SIMULCAST AUCTION. Bidding will be conducted live on-site and online simultaneously. By registering, bidding, or purchasing at this auction, each bidder agrees to be bound by the following Terms and Conditions.

1. Registration and Bidder Responsibility

All bidders must register before participating in the auction. Bidders must provide accurate and current contact and payment information.

Each bidder is responsible for all bids placed under his or her bidder number or online bidding account. Do not allow another person to use your bidder number or account.

Diamond State Auctions reserves the right to accept or reject any registration, bid, or bidder at its discretion.

2. All Items Sold AS IS, WHERE IS

ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.

Diamond State Auctions and the seller make no guarantee regarding the condition, quality, age, year, make, model, mileage, hours, authenticity, completeness, merchantability, or fitness for a particular purpose of any item.

Descriptions, photographs, videos, mileage, hours, serial numbers, model numbers, and other information are provided as a convenience to bidders and are believed to be accurate, but Diamond State Auctions does not guarantee their accuracy.

Announcements made by the auctioneer at the time of sale take precedence over printed, posted, photographed, or previously published information.

3. Inspection

Bidders are encouraged to personally inspect items before bidding.

By placing a bid, the bidder acknowledges that he or she has either inspected the item to his or her satisfaction or has voluntarily waived the opportunity to inspect it.

Bidders should contact Diamond State Auctions with any questions before bidding. Failure to inspect an item does not relieve the buyer of the responsibility to complete the purchase.

4. All Sales Are Final

ALL SALES ARE FINAL. NO REFUNDS, RETURNS, OR EXCHANGES.

A bid is a binding agreement to purchase the item. Buyers are responsible for paying for every item they purchase, regardless of the number of items purchased or whether the buyer later decides that he or she no longer wants the item.

5. Buyer’s Premium

A 10% buyer’s premium will be added to the winning bid price of each item.

The buyer’s premium is capped at $4,000 per item. No item will incur a buyer’s premium greater than $4,000, regardless of the final bid price.

The buyer’s premium is considered part of the total purchase price and is due along with the winning bid amount and any applicable taxes or fees.

For example, a $20,000 item would have a $2,000 buyer’s premium. A $50,000 item would normally calculate to $5,000, but because of the cap, the buyer’s premium would be $4,000.

6. Payment

Payment is due in full according to the checkout instructions for the auction and before any purchased property may be removed.

Diamond State Auctions accepts:

• Cash

• Credit or debit cards on purchases totaling less than $1,000

• Checks

A 4% convenience fee will be added to all credit and debit card transactions.

For purchases over $1,000 paid by check, a current bank letter of guarantee is required unless Diamond State Auctions has approved other arrangements in advance.

Diamond State Auctions reserves the right to require certified funds, wire transfer, or other guaranteed funds on certain purchases or from certain bidders.

No item will be released until Diamond State Auctions is satisfied that payment has been made in full and, when required, funds have cleared.

7. Bank Letter of Guarantee

When required, the bank letter of guarantee should be issued by the bidder’s financial institution and confirm that sufficient funds are available to cover purchases made at the auction. The letter of guarantee should have an amount up to that is guaranteed by your financial institution.

Diamond State Auctions reserves the right to approve or reject any form of payment or bank guarantee.

8. Sales Tax

Applicable sales tax will be collected on new items unless the buyer provides Diamond State Auctions with a valid and properly completed sales tax exemption certificate before checkout.

The buyer is responsible for providing appropriate documentation to claim any exemption.

9. Simulcast and Online Bidding

This auction is being conducted as a simulcast auction, meaning live and online bids may be accepted at the same time.

Diamond State Auctions will make reasonable efforts to recognize online bids, but online bidding is provided as a convenience and involves technology outside the auctioneer’s complete control.

Internet delays, connection problems, software issues, platform outages, device failures, or other technical problems may cause an online bid to be delayed or not received.

Diamond State Auctions is not responsible for a bidder’s inability to place a bid because of internet, computer, mobile device, bidding platform, or connection problems.

Online bidders are strongly encouraged to place bids early rather than waiting until the final seconds of bidding.

10. Maximum Bids

The online bidding platform may allow bidders to enter a maximum bid. When a maximum bid is entered, the system will automatically bid on the bidder’s behalf in the required increments, up to but not exceeding the maximum amount entered.

The system will only increase the bidder’s bid as necessary to maintain the bidder’s position against competing bids.

Entering a maximum bid does not mean the bidder will automatically pay the full maximum amount. The final purchase price will be based on the bidding activity and applicable bid increments.

Bidders are responsible for reviewing and confirming all bids before submitting them.

11. Auctioneer Controls the Sale

The auctioneer has full authority over the conduct of the auction.

Diamond State Auctions reserves the right to:

• Reject any bid.

• Reopen bidding when appropriate.

• Resolve disputed bids.

• Determine the successful bidder.

• Group, divide, withdraw, add, or reorder lots.

• Correct clerical or catalog errors.

• Pause, postpone, or cancel all or part of the auction when necessary.

• Make decisions concerning technical problems affecting the auction.

The auctioneer’s decision regarding bidding and the conduct of the auction shall be final.

12. Disputed Bids

If a dispute arises between two or more bidders, the auctioneer may determine the successful bidder or may reopen the bidding.

In the event of a discrepancy between an online bidding platform and the auctioneer’s records, the records and decision of Diamond State Auctions will control.

13. Reserve, “IF” and Phone Call Sales

Unless an item is specifically advertised as absolute or without reserve, the seller may establish a reserve price. The reserve may or may not be disclosed. Diamond State Auctions reserves the right to bid on behalf of the seller up to the reserve where permitted by law and the terms of the auction.

If bidding ends below the seller’s reserve, Diamond State Auctions may place the item on an “IF” or “PHONE CALL” while the auction company contacts the seller for approval of the highest bid or obtains a counteroffer from the seller.

The highest bid remains a binding offer until 5:00 PM on the day of the auction. The high bidder may not withdraw, cancel, or reduce the bid during that time while Diamond State Auctions is attempting to obtain the seller’s approval.

The online bidding system may temporarily show the item as “NOT SOLD” while seller approval is pending. This status is administrative only and does not release the high bidder from his or her bid.

If the seller accepts the high bid before 5:00 PM on the day of the auction, the item will be changed to SOLD, the high bidder will be invoiced for the purchase, and payment will be required according to the auction Terms and Conditions.

If the seller makes a counteroffer, Diamond State Auctions may contact the high bidder and give the bidder the opportunity to accept or decline the seller’s counteroffer. The bidder is not obligated to accept a counteroffer above the bidder’s original high bid.

If Diamond State Auctions has not notified the high bidder of the seller’s acceptance by 5:00 PM on the day of the auction, the bidder’s original offer will no longer be binding unless the bidder agrees otherwise.

Failure to complete the purchase after the seller accepts the bidder’s high bid within the binding period will be treated as a failure to pay for a purchased item. The bidder may be permanently banned from future Diamond State Auctions events, and the nonpayment may be reported through the online bidding platform, which may affect the bidder’s rating, standing, or ability to participate in auctions conducted by other auction companies.

14. Pickup and Removal

All purchases must be removed during the designated pickup dates and times unless other arrangements are approved in advance by Diamond State Auctions.

Specific pickup information will be provided in the auction listing and/or announced on auction day.

Buyers are responsible for providing their own labor, tools, equipment, trailers, and transportation necessary to safely remove their purchases unless otherwise stated.

Diamond State Auctions and the seller are not responsible for loading, securing, or transporting purchased items unless expressly agreed otherwise.

15. Risk and Responsibility After Purchase

Once an item has been declared sold, responsibility for that item passes to the buyer.

The buyer assumes responsibility for loss, theft, damage, injury, or other risk relating to the purchased property after the sale.

Buyers are responsible for properly loading and securing their purchases for transportation.

16. Items Not Picked Up

Any item not removed within 14 days of the scheduled pickup date, unless other arrangements have been approved in writing by Diamond State Auctions, may be considered abandoned.

Abandoned property may be resold, removed, disposed of, or otherwise handled by Diamond State Auctions without refund to the buyer.

The buyer may also be responsible for storage, handling, removal, disposal, or other expenses associated with abandoned property.

17. Failure to Pay

A bidder who fails or refuses to pay for an item purchased may:

• Lose bidding privileges with Diamond State Auctions.

• Be prohibited from participating in future auctions.

• Be responsible for any loss resulting from resale of the property.

• Be responsible for reasonable collection, storage, handling, attorney, or other costs incurred as a result of nonpayment.

Diamond State Auctions reserves all rights and remedies available under applicable law.

18. Credit Card Disputes

By participating in the auction, the buyer acknowledges that auction purchases are final and agrees to contact Diamond State Auctions directly regarding any payment dispute before initiating a credit card dispute or chargeback.

The buyer agrees not to improperly initiate a chargeback for a valid auction purchase merely because the buyer failed to inspect an item, changed his or her mind, failed to pick up an item, or disagreed with the condition of property sold AS IS, WHERE IS.

Nothing in these terms is intended to eliminate any legal rights that cannot lawfully be waived.

19. Titles and Registration

For titled vehicles, trailers, equipment, or other property, title documents will be processed and released according to applicable law and Diamond State Auctions’ procedures.

Any title, registration, documentation, transfer, processing, or governmental fees are the responsibility of the buyer unless otherwise announced.

Buyers should verify title status before bidding if title status is important to their purchase.

20. Personal Injury and Property Damage

Bidders and buyers enter the auction premises and inspect, load, and remove property at their own risk.

Buyers are responsible for damage caused by themselves, their employees, contractors, haulers, or other representatives while inspecting or removing property.

Diamond State Auctions and the seller are not responsible for injuries or property damage resulting from a buyer’s inspection, loading, removal, or transportation activities except as otherwise required by law.

21. Auction Changes and Announcements

Diamond State Auctions may modify auction information, lot descriptions, pickup instructions, payment requirements, or other auction details when necessary.

Announcements made by the auctioneer on auction day take precedence over all previous oral, written, printed, photographed, or online information.

22. Acceptance of Terms

By registering for or bidding in this auction, the bidder acknowledges that he or she has read, understands, and agrees to these Terms and Conditions.

A winning bid creates a binding contract between the buyer and seller.

3783 Happy Bend Rd

Atkins, AR 72823