 Jul. 30, 2010
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General Terms and Conditions This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us. Rights To Suspend or Terminate. You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. Your Conduct. You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. Introduction By entering this IKilese website you hereby agree to our Terms and Conditions. TERMS OF USE All of the services offered on this IKilese website (“Website”) by IKilese iKilese to you are subject to the following terms and conditions of use ("Terms of Use"). IKilese reserves the right to update the Terms of Use at any time without prior notice to you. This Website provides you with access to a variety of resources, including tools, download areas, communication forums and product information ("Services"). Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to our Terms of Use. Your use of and access to the Website is expressly conditioned on your acceptance of the Terms of Use. If you do not or cannot agree with any part of the following Terms of Use, you may not use or access this Website. Account, Password and Security By using the Services offered through this Website you hereby agree and acknowledge that you will not under any circumstance share the use of your account or provide your username and/or password to another individual, business or entity (“Unauthorized Use”). You are hereby warned that this Website is designed to detect such Unauthorized Use and will automatically suspend your account. By engaging in such Unauthorized Use you forfeit any rights to the use of this Website. No Unlawful or Prohibited Use As a condition of your use of this Website, you will not use this Website for any purpose that is unlawful or prohibited by the Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair the Website’s server, or networks connected to the Website’s server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to this Website, other accounts, computer systems or networks connected to this Website and its servers, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Applicable Law This Website is created and controlled by IKilese in the State of Pricing Information While IKilese strives to provide accurate product and pricing information, pricing or typographical errors may occur. IKilese cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, IKilese shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, IKilese may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation DISCLAIMER AND LIMITATION OF LIABILITY IKILESE iKilese MAINTAINS THIS IKILESE WEBSITE (“WEBSITE”) AND ALL OF ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS WEBSITE, THE INFORMATION CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, MATERIALS, AND INFORMATION INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IKILESEDISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. FURTHERMORE, IKILESE DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION MADE AVAILABLE ON THIS WEBSITE SITE IS ACCURATE, COMPLETE OR CURRENT. ANY AND ALL OF THE INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
IKILESE MAKES NO REPRESENTATION OR WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL IKILESE, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW. IKILESE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD IKILESE HARMLESS AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, SUITS, DAMAGES AND DISPUTES, INCLUDING ATTORNEY’S FEES, ARISING FROM YOUR USE OF THE WEBSITE. COPYRIGHT STATEMENTS Site Content This IKilese website (“Website”) is expressly owned and operated by IKilese iKilese. © 2009 IKilese All Rights Reserved.
Unless otherwise noted, the design and content featured on this Website including, but not limited to, artwork, audio clips, graphics, logos, images, navigational buttons, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property owned, controlled, or licensed by IKilese. The compilation (meaning the collection, arrangement and assembly) of all the content on this Website is the exclusive property of IKilese and protected by both IKilese shall investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for IKilese in accordance with the DMCA: Attention DMCA Designated Agent: 1155 E. Fox St South Bend Indiana Phone: (574) 257-0759; Fax: (574) 257-0759; E-Mail kieshag@ikilese.com
This Website and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of IKilese and may not be used in connection with any product or service that is not offered by IKilese in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IKilese. PRIVACY POLICY YOU ARE HEREBY ADVISED TO READ THIS PRIVACY POLICY CAREFULLY. BY VISITING AND USING THIS IKILESEWEBSITE (“WEBSITE”) AS WELL AS ANY OTHER WEBSITES, WEBPAGES OR SERVICES OPERATED BY IKILESE iKileseTHAT ARE LINKED TO EACH OTHER (“AFFILIATE WEBSITES"), YOU HEREBY AGREE TO THIS PRIVACY POLICY. The privacy of your non-public personal information is important to us. We use safeguards to protect your privacy and confidentiality. This privacy policy (“Privacy Policy”) discusses information we collect and the manner in which it is used. We hereby reserve the right, at any time, to add to, change, update or modify our Privacy Policy simply by posting such change, update or modification on the Website. Any such change, update or modification will be effective immediately upon posting on the Website. Please note that this Privacy Policy only applies to information that we collect on this Website Creating an Account Information provided to the Website when you create an account consists only of your name, address, phone number and e-mail address. This information will be used for our response to your submission and we may share your e-mail address with affiliates of IKilese and other organizations that might be of interest to you. Registering for a Subscription The information provided to the Website when you register to purchase a subscription includes general facts necessary for us to complete your order. These include your name, address, phone number, e-mail address, and credit card number. Your credit card number is privileged information and will at no time be shared with a third party. Your online account information is stored and maintained in a secure location separate from the Website. Sharing WE DO NOT DISCLOSE ANY NON-PUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. Marketing We may disclose any information that we collect about you to our affiliates or non-affiliated third parties as permitted by law. We also may disclose information about our customers or former customers and others to the following types of non-affiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Information Requests We will make every effort to respond in a timely fashion to all applicable e-mail messages and requests. However, we assume no liability to respond to all pieces of correspondence received through the Website, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. We welcome all comments and feedback regarding the Website, our products and our services, but we do not wish to receive confidential or proprietary ideas, suggestions, materials, or information via the Website or via any electronic correspondence. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to us through the Website shall become and remain the property of IKilese. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. SECURITY We use good-faith efforts to maintain physical, electronic and procedural safeguards to guard your non-public personal information. However, while we strive to protect your personal information, we do not ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Information Collection If you do nothing during your visit and only browse through the Website and read the information contained on the web pages within, we may gather certain information about your visit automatically. This information does not identify you personally. We may automatically gather the Internet domain (for example, "storex.com" if you use a private Internet access account), IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access the Website, and the date and time you access the Website and the pages you visit. If you would like more information about IP addresses and how they work, visit http://en.wikipedia.org/wiki/IP_address
We may collect non-public personal information from you when you voluntarily provide personally identifiable information to us through the Website, such as when ordering services/products and accessing account-specific or other profile information. We may collect information about your transactions that we secure from our files and from our affiliates. We may collect information that we receive from consumer reporting agencies. We may collect information that we receive from others involved in your transactions, such as real estate agents or lenders. We limit use of such information to the purposes for which the information was provided, except as described below. However, we reserve the right to use such information for marketing/product development research and other similar purposes and/or to contact you regarding additional services or products that you may find useful. We may also release your information to others when we believe that, in good faith, such release is reasonably necessary to (i) comply with the law, (ii) enforce or apply the terms of any of our user agreements or Terms of Use, or (iii) protect the rights, property or safety of IKilese, its respective users, or any other individual, business or entity. We may also sell, transfer and disclose your information as part of a divestiture, sale, merger, or acquisition of all or a part of IKilese. If you send an electronic mail (“e-mail”) message that includes personally identifiable information, for example, in an e-mail message containing an inquiry, we will use that information to respond to your inquiry. Remember that e-mail is not necessarily secure against interception or other disclosure. If your communication is very sensitive, or includes information such as your bank account, charge card, or social security number, you should not send it in via e-mail. Cookies The Website may collect some anonymous information about how you use the site by setting and accessing cookies on your computer. These cookies track information such as how often you visit the Website, what pages you view, and where you go after you leave the Website. The cookies track your computer, not you. They are not connected to any personal information about you. We may use "cookies" to improve our service to you. Cookies may help us recall a previous visit. The cookies we use do not collect personally identifiable information, and we do not use them to determine your identity. If you are not comfortable with this use, you may configure your browser to be notified when cookies are to be received and to provide you with the option of refusing cookies. However, refusing cookies may limit your ability to use the Website in its entirety. If you would like more information about cookies and how they work, visit http://en.wikipedia.org/wiki/HTTP_cookie Officers, Directors, Agents or Employees Officers, Directors, Agents and Employees, agents, and representatives of IKilese may view information that you provide us in order to perform their jobs and to provide products and services to you. We do not authorize access to non-public personal information about you to those individuals who do not need to know that information in order to provide products or services to you, or as otherwise provided herein. TECHNICAL ISSUES Given the unpredictable nature of technology and the online environment, IKilese does not warrant that the function or operation of this Website shall be uninterrupted or error free, that defects will be corrected, or that the Website or the servers that makes it available to you will be free of viruses or other harmful elements. As a visitor and user of this Website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with the use of this Website. As a visitor and user, you, in effect, agree that your access will be subject to the Terms of Use and that access is undertaken at your own risk. IKilese shall not be held liable for damages of any kind related to your use of or inability to access this Website IKilese makes every reasonable effort to ensure that this Website contains the most recent, most accurate and most reliable information posted at all times. However, there may be occasions when some of the information on this Website may contain incomplete data, typographical errors or inaccuracies. Any errors are completely unintentional and we reserve the right to amend errors or to update information at any time without prior notice. Website Changes IKilese shall continuously be updating the content of this Website and its functionality. These updates keep the Website as interesting, interactive and exciting for you as possible. While keeping this Website up to date, IKilese reserves the right to make changes to this Website without prior notice. This means that IKilese cannot and will not guarantee that something you might have previously seen on this Website is or may still be available. Should you need any assistance or have any questions regarding something that you may have previously seen on this Website that may no longer be available, please contact us. Encrypted Transmissions This Website uses the highest industry standards and encryption technology available to ensure that your online experience is safe and secure. Security measures are automatically triggered with your order and each order is submitted only if your computer and our server are communicating in secure mode. In addition security measures are employed throughout the Website whenever you are requested to submit information. These submissions will be encrypted, meaning your sensitive information such as contact information and credit card information shared with this Website are transferred securely. In order to securely proceed through the purchase process, we do require that you use the latest versions of Internet Explorer, Mozilla Firefox or Netscape Communicator. Please also review our Privacy Policy to find out exactly how your personal information is handled. Children Under the Age of 13 If you are under the age of 13 years you can look at this Website but you cannot register for a subscription. You also cannot become a registered user, or use any service that asks for personal information. This Website is not designed for children. We do not wish to collect personal information from children under the age of 13 years.
This policy is designed to protect children. Federal law requires us to take special steps to safeguard children's privacy. For more information about this federal law and about children's privacy, please visit http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/kidz.htm If you register with us and we discover that you are under 13 years of age, we will delete your registration. We will send you a message if we do this. If you are under the age of 13 years and want to register for a subscription, please ask a parent or legal guardian to place the order for you. Use of this site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. IKilese does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, magazines, books, e-books and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of IKilese or its suppliers and protected by This Website may contain links to websites that are provided and maintained exclusively by third parties. Websites provided and maintained by third parties are not subject to our Privacy Policy. Please review the privacy policies on those websites to understand their personal information handling practices. We make no representations concerning the privacy policies of these third-party web sites. This Website may contain links to third party sites at which personal information is collected and used. Your visit to any third party website is governed by the privacy policy applicable to that site. IKilese cannot control nor is it responsible for any such third party collection or use of your personal information. Any link from this Website to a non-Affiliate Websites website does not mean that IKilese endorses or accepts any responsibility for the content, functioning or use of such website, and you hereby agree to enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. QUESTIONS If you have questions about this Website please contact us. TERMS AND CONDITIONS OF AUCTION Identification All visitors to any property listed on this Website or otherwise offered by IKilese (“Auction Property”) Vehicles, other high priced items are required to provide their full name, address and phone number and ensure that they have read the terms and conditions (“Terms and Conditions”) prior to the inspection of any Auction Property. Contracts Each and every successful bidder (“Successful Bidder”) of Auction Property must sign all documents and contracts immediately upon conclusion of the auction (“Auction”). Deposits All prospective purchasers (“Prospective Purchasers”) are required to provide an initial deposit, in an amount required for each respective Auction Property, and made in the form of a cashier’s check or certified check at the time of the auction sale date (“Sale Date”). Each and every Successful Bidder shall be required to increase the deposit amount (“Deposit Amount”) to ten (10%) of the bid amount (“Bid”) within three (3) business days of the Sale Date. All cashier’s checks or certified checks shall be made payable to the Prospective Purchaser who shall then endorse the check over to IKilese iKilese when they become the Successful Bidder and the purchaser (“Purchaser”) of the sold property (“Sold Property”). Buyer’s Premium A buyer’s premium (“Buyer’s Premium”) equal to ten percent (10%) of the successful high big (“Successful High Bid”) shall be added to the Successful High Bid and included in the total purchase price (“Total Purchase Price”) to be paid by the Successful Bidder to IKilese. General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of IKilese to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit IKilese’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the Closing The Successful Bidder shall ensure that the closing (“Closing”) of the Sold Property shall take place within thirty (30) calendar days of the Sale Date. Immediately beginning on the thirtieth (30th) calendar day following the Sale Date, interest in an amount equal to one percent (1%) of the Total Purchase Price per month (“Interest”) shall be paid by the Purchaser on any and all unpaid amount (“Unpaid Amount”) of the Total Purchase Price. Time is of the essence with respect to Closing. Upon payment in full of the Total Purchase Price the Purchaser shall be entitled to a deed for the Sold Property and its lawful possession. Notice Any and all information on Auction Property contained in information packets or other advertisements of IKilese(“Information”) are obtained from sources that may be third parties and are believed to be accurate. IKilese makes no representations, warranties or guarantees of any kind whatsoever, express or implied, with respect to such Information. All Prospective Purchasers are required to independently investigate and confirm any Information or assumptions of the Auction Property on which any bid for such Auction Property may be based or made. Neither IKilese, nor the sellers of the Auction Property (“Sellers”) shall be liable for any errors or the correctness of the Information. Auction Property is offered for sale to qualified bidders (“Qualified Bidders”) without regard to the Prospective Purchaser’s race, color, religion, sex, national origin, handicap, age, marital or veteran status, or any other legally protected status.
All announcements made at the Auction on the Sale Date take precedence over any and all other Information or printed material. Auction Property may be added or deleted at anytime without prior notice. Auction Property and any and all improvements shall be sold “As Is” without representation or warranty of any kind whatsoever, including any representations regarding environmental conditions affecting the Auction Property, freedom from structural defects, or construction of the Auction Property in a workmanlike manner. Neither IKilese nor the Seller shall make or have made any representation or warranty of any kind whatsoever with respect to the accuracy, correctness, or completeness of the Information, the contents or meaning of the Information, or the valuation of the Auction Property. Any decision to purchase or not purchase the Auction Property is the sole and independent business decision of the Prospective Purchaser. No recourse or cause of action shall lie against IKilese, the Seller or any other related party should the Prospective Purchaser, Successful Bidder and/or Purchaser become unhappy or dissatisfied with their decision at a later date. Disclaimer
This site is provided by IKilese on an "as is" and "as available" basis. IKilese makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, IKilese disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, IKilese disclaims any and all warranties, express or implied, for any merchandise offered on this site. you acknowledge, by your use of the IKilese web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. Cancellation or Withdrawal from The auctioneer (“Auctioneer”) reserves the right to withdrawal from Auction any Auction Property listed in the Information or elsewhere at anytime without prior notice. Auctioneer reserves the right to cancel the Auction or sale of any Auction Property at any time prior to the commencement of bidding on the Auction Property. The bidder (“Bidder”) with the highest Bid that is acknowledged by the Auctioneer shall be the Successful Bidder. The Auctioneer has the right to reject any Bid or raise which, in their opinion, is not commensurate with the value of the Auction Property. In the event of any dispute between one or more Bidders, the Auctioneer shall be allowed to determine the Successful Bidder or re-offer and re-sell the Auction Property that is in dispute. Should there be any dispute after the Auction, IKilese’ record of final sale shall be conclusive.
Order Acceptance Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Bidders shall look only to the Sellers with respect to any and all matters regarding the Auction Property. The Auctioneer shall not be responsible or liable in any way whatsoever should: (a) the Seller fail to honor a Bid; (b) the Seller refuse to settle or close title (“Close Title”); (c) the Seller be unable to Close Title in accordance with the Successful High Bid or any contract entered into with respect thereof; (d) the Auction Property be contaminated with hazardous waste; (e) the Auction Property be in need of attention or repairs; or (f) the Auction Property be in any way not satisfactory to the Successful Bidder. It shall be the sole responsibility of the Prospective Purchaser to verify all specifications of the Auction Property prior to Sale Date. Rights All announcements made on the Sale Date take precedence over any prior written or verbal terms or Information with respect to the Auction Property or otherwise. If any conditions contained herein are not complied with by the Prospective Purchaser, Successful Bidder and/or Purchaser, IKilese shall, in addition to asserting all of its remedies available by law, including the right to hold a defaulting purchaser (“Defaulting Purchaser”) liable for the Total Purchase Price, either: (a) cancel the sale and retain as liquidated damages any payment made by such Defaulting Purchaser; (b) resell the Auction Property without a reserve price (“Reserve Price”) at Auction or in private within seven (7) days’ notice to such Defaulting Buyer, or (c) take any other action that is shall deem necessary or appropriate.
Should IKilese resell the Auction Property, the Defaulting Buyer shall be liable for payment of any deficiency in the Total Purchase Price as well as any and all costs and expenses, including but not limited to, the expenses of both Auction sales, reasonable attorney’s fees, commissions, and any other incidental damages or other charges hereunder. Jurisdiction The respective rights of a Prospective Purchaser, Success |
