Terms and Conditions

Down Payment Money:
All down payment monies shall be non-refundable. 

Sale Announcements: 
Announcements made the day of the sale shall take precedence over all previous advertising.

No Warranties: 
All sales are AS-IS, WHERE-IS, and with all faults. Bidders have had the opportunity to inspect all sale items and real estate and bidder agrees to solely rely on his inspection. All sales are final. Bidder will not be entitled to any adjustment, allowance or damages or any other remedy regarding the condition of any real estate or personal property purchased. 

Personal Property Payments:
All personal property is to be paid for in full on the day of the sale. If you are not an established bidder with M. A. Smitty & Co. you must present a bank letter of guarantee for all purchases over $2500.

Buyers Premium: 

As-Is, Where-Is:  
There is no warranty on the real estate or personal property. The bidder is responsible for removal from the auction location. This means that the bidder must rely on their own information to make bidding decisions. The bidder is responsible for inspecting and moving the merchandise that they purchased.

Auction Site: 
ALL ATTENDEES OF THE AUCTION SITE ARE THERE AT THEIR OWN RISK. Attendees agree the auction site is potentially dangerous. Regardless of cause, the Sellers, Auctioneer, his Agents and Firm will not be responsible for any injury to anyone in attendance on the auction site.

Risk of Loss:
Once the Auctioneer accepts the highest bid, any item is then sold. Buyer then takes delivery and assumes all risk of loss for the item and buyer agrees to obtain full liability insurance coverage for the item as may be required by law.

Loading:
M. A. Smitty & Co. and its employees may assist with loading your items. However, they are not responsible for loading, unloading or securing your load.  

Lead Based Paint Disclaimer:
Homes built prior to 1978 may contain lead based paint. Any potential buyer shall be given 10 days prior to the sale of a property to conduct testing for lead based paint at their expense.