Online Contents of Berlin Center Home: Kubota Tractor, Mow N' Machine Zero Turn, Lawn & Garden, Tools, Fishing, Honda Foreman 400 ATV

13% Buyers Fee - Sales Tax Will Not Be Collected

Location: 15085 Ellsworth Rd. Berlin Center, OH 44401 - MAP

Preview: Tuesday, April 18, 2023 11:00 AM - NOON

Ending: Tuesday, April 18, 2023 2:00 PM

Removal: Thursday, April 20, 2023 11:00 AM - 5:30 PM

Estate of Brian Srock - Mahoning County 2021 ES 00742

*Note: DYNAMIC CLOSING: *(also called “soft close” or “auto extend”) The closing time of an asset is automatically extended an additional period of time if a bid is placed in the final minutes of the scheduled close.

Terms

1. REGISTRATION: Bidders must provide an email, valid credit card number and billing address and choose a password.   You will receive registration via email. Upon placing you first bid(s) at a scheduled online auction, the automated system will "pre-authorize" the credit card entered for an amount up to $2 through credit card provider.  (THIS IS NOT A CHARGE! THIS AUTHORIZATION WILL EXPIRE IN A FEW DAYS AND SIMPLY TESTS THE VALIDITY OF THE CREDIT CARD ) Please call 330.747.7000 or email info@byceauction.com if your account is locked or you require assistance. If you are unable to meet these registration and authorization requirements you will not be permitted to bid.

ONCE YOU ARE REGISTERED, YOU MAY USE YOUR BIDDER NUMBER AND PASSWORD FOR ALL OF OUR ONLINE AUCTIONS. YOUR CARD WILL BE "AUTHORIZED" AS DESCRIBED EACH TIME YOU PLACE YOUR FIRST BID(S) AT AN AUCTION EVENT.

NOTE:  SOME AUCTIONS (GENERALLY REAL ESTATE) REQUIRE AN ADDITIONAL PROCESS TO BE AUTHORIZED TO BID.  YOUR CREDIT CARD MAY PASS AUTHORIZATION TO IDENTIFY YOU BUT, YOU WILL NEED TO PROVIDE THE ADDITIONAL REGISTRATION INFORMATION TO BE AUTHORIZED TO BID. 

2. BUYERS PREMIUM: A buyers premium will be added to each purchase.  The amount of said premium will be 13% on personal property including vehicles and 10% on real estate.  (Example: If your successful bid is $100.00 on a piece of jewelry, you will be charged $113.00 upon invoicing at auction close. If your successful bid is $100,000 on a home, you will be charged $110,000)

3. PAYMENT: At the conclusion of the auction your credit card on file will be automatically charged for the entire amount of your purchases (unless so indicated on large ticket items such as real estate and some vehicles if indicated). Be sure to have an available balance on your credit card for your online purchases. ByceAUCTION, LTD. has the right to pre-authorize a bidders credit cards, deactivate the account or cancel the bids of any bidder, for any reason, at their sole discretion as all of our online auctions are "Reserve" auctions.

4. SALES TAX: SALES TAX WILL BE COLLECTED FOR ITEMS AT GALLERY OR IF INDICATED.  If you are tax exempt, DOWNLOAD and fax or scan and email a copy of the Ohio state tax exempt form posted on the front page of our website under “forms”. -- you must include your bidder number. Your account will be coded "non taxable" and this form kept on file. Bidders that lose "tax exempt" status must inform us of this change an assume liability for not doing so. Incomplete Forms will not be accepted. You will be charged applicable sales tax until this requirement is met. We do not refund sales tax but you may request a refund from the state upon providing tax exempt information.

5. REMOVAL: For all personal property: This is an ONLINE ONLY AUCTION. DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS DURING THE INDICATED REMOVAL TIME(S). NO REFUNDS OR CHARGEBACK'S WILL BE GRANTED. After the scheduled removal time expires, items left will be considered abandoned. The amount of your purchase will be surrendered as a removal fee up to the total amount of your purchase for disposal of your item(s). Buyer(s) may arrange for moving services with insured moving company. IF THERE IS AN EMERGENCY, please call the main number at 330.747.7000 immediately as any items you leave at the pick-up are considered abandoned and ownership reverts back to the Seller. OUR COMMITMENT TO THE CUSTOMER: We appreciate your business but also your understanding. Our Seller(s) are not responsible for paying extra handling charges incurred by us for your items. Buyers are also asked to consider that if they were purchasing at a live auction, they would usually be required to remove all items auction day. We want a win/win for Sellers and Buyers and we ask that you abide by our terms and conditions.

6. SHIPPING: ByceAUCTION, LTD. does NOT guarantee shipping services. We generally DO NOT bring furniture or large items back from remote locations unless specific arrangements have been made PRIOR to bidding. If you are buying items from our gallery at 755 Wick Ave. and require shipping, you must first call and get WRITTEN CONFIRMATION that we will ship the item. Our shipping fees are generally $25 coordination per item plus a packing fee (to be determined) plus actual shipping and insurance fees. This only applies to items that we can easily pack and ship, not large or hazardous items. If you use a third party shipper, this must also be approved IN WRITING and a shipping coordination fee of $25 per hour applies. Without prior documented approval, your items are subject to the terms and conditions of pickup. We seldom ship and if agree to do so, we will ONLY ship to the billing address of the credit card, insured, and you must pay for "signature acceptance." 

6A. FIREARMS.  ByceAUCTION LTD is a licensed federal firearms licensee.  We DO NOT ship firearms. No exceptions.  Any purchaser of any firearm must be 21 years of age and must personally pass a background check at our offices.  You must be a resident of Ohio with proper ID to bid on a hand gun.  If you are a resident of PA or West Virginia or a state that borders Ohio, you may purchase Long guns. The purchasers information MUST match the registration information (for example Mary Smith is the successful buyer of a shotgun.  Mary Smith is the only person that may pass the background check and take possession of a firearm.)  Trigger locks are required on all Handguns when they leave our premises.  You may rent one for $10 cash if available.  If you return at a later date, the $10 fee will be refunded. IF  A BUYER FAILS TO PASS A BACKGROUND CHECK, A 25% RESTOCKING FEE SHALL BE ASSESSED AS WELL AS A $25 FEE FOR FAILED BACKGROUND CHECK.  At times, the FBI may request a “delay”.  We do not charge for delays that are eventually approved but if the delay is NOT eventually approved, you are subject to the above fees. 

7. PICKUP OF ASSETS:  Buyers and third parties may be required to produce ID for various security reasons. Please have your ID with you at all times. Bidders are responsible for their own removal. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a printed or electronic receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location.  They may be required to show ID. Bidder further agrees to be held personally responsible for all purchases made on their bidder number,  and agree that bidder will not charge back items which are not picked up during the published removal times. Buyer authorizes ByceAUCTION, LTD. to release buyer's assets to any individual in possession of the buyer's sales receipt. Buyers are prohibited from soliciting moving and labor services from other buyers. ByceAUCTION, LTD. may refuse to allow third party individuals to assist buyers if they feel they are unprepared or not equipped to move items. Shirt and proper footwear is required. If you present a hazard to yourself, the building or others at the auction you may not be permitted to move items. An auction pick up is NOT a place for small children. The auction company staff does not provide moving services or tools. Please be prepared to move ALL items out of the building first, then pack and sort your items! Our staff may restrict parking close to the load out site until it is verified that a buyer has all of their items ready to load.  All Buyers accept that pickup may be electronically recorded and monitored. **Bidders who do not comply with Pick-up Policies, Procedures, and Traffic Control will Not be accommodated as this is a breach of contract** **All Trays, Flat Boxes, and Bins are NOT Included**

8. ORDER OF ASSETS: Buyers of large items agree to wait to allow other buyers to remove their items due so as not to damage, hinder or delay other buyers from pick up. Buyers of items such as shelving are solely responsible for re-locating other buyers items if they are in or on a piece of furniture and are responsible for ANY and all damages OR, they may wait for said items to be collected by the other buyer(s).

9. BIDDING ERRORS: Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids before submitted. We will not reverse bids that have caused another bidder to be outbid. If you bid on the wrong item we will not reverse your bid. Please make sure and review all bids before submitting. We will not reverse bids after the auction has begun to close, no exceptions.

10.  MAXIMUM BIDS: We only use one bidding field in most cases. MANY of our buyers submit their "maximum bids" as they no doubt have seen the convenience and do not risk missing the opportunity by placing only real time bids on items especially in the frantic final minutes. The software will “incrementally” place your bid up to the max if someone bids against you. If you are being immediately “out bid” when you place your bid, you are most likely up against a max bid. The max bids are not disclosed. CLICK ON THE "REFRESH LINK" often to be sure you are seeing current data. Communication of a gross bidding error does not in itself resolve the error. ByceAUCTION, LTD will attempt to address the bidding error.

11. STAGGERED CLOSING: The online auction closes a certain number of items per minute intervals. This feature works great with the auto-extend feature to closely emulate a 'live' auction.

12.. DYNAMIC CLOSING: *(also called “soft close” or “auto extend”) The closing time of an asset is automatically extended an additional period of time if a bid is placed in the final minutes of the scheduled close to eliminate “snipe-ing”.  Once no bids are received for a final period of time, the software will close the item.  DO NOT WAIT TO PLACE YOUR MAX BID, THE SOFTWARE WILL ONLY BID UP TO YOUR MAX IF ANOTHER BID IS PLACED AGAINST YOU.  Remember live auctions?  The auctioneer would declare an items sold once the bidding STOPPED.  This is a great feature and is FAIR.

13. NOTIFICATIONS: The system sends out various notifications which may include “confirmations,” "outbid" notices and “invoices”  The auction company does not guarantee these automated communications. PLEASE CHECK YOUR SPAM FOLDER IF YOU DID NOT RECEIVE OUTBID NOTICES OR YOUR INVOICE! To quickly review your activity, you may login to do so. 

14. NON-DELIVERY: In the event an item is not available for pickup, the buyer must notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the Auctioneer and buyer agrees that there is no grounds to claim non-delivery of item.

15. AUCTION DESCRIPTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions. . CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed. The photo may also depict other items that are not included. Always read the item description. VEHICLE INSPECTIONS: As a condition of referencing any inspection report provided, Bidders are responsible for their own physical inspection. Any documented inspection or description is opinion, not fact and does not constitute a warranty of any kind. If a 3rd party vehicle inspection is provided, it is done as a courtesy to our bidders and is opinion, not fact. Bidders also understand that the inspection was performed on a specific time and date and may not reflect the vehicle upon purchase. All vehicles are available for bidders physical inspection(s) at scheduled time(s) and bidders agree to conduct their own physical inspection and are buying the property "as-is, where is". Buyer holds ByceAuction, LLC and their third party vendor harmless in any and all cases and may not rescind offer to purchase for any reason, including but not limited to information they consider erroneous in the inspection report or any other descriptive information given which pertains to the item.

16. WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. ByceAUCTION is not responsible for the use or misuse of items, infestation and pathogens, environmental harm or any injury or harm caused by items purchased.

17. BUYER DEFAULT: If a bidder(s) defaults at an auction, the auction company may, at it's option, contact the backup bidder(s) for an offer but has no legal obligation to do so.

18.. DAMAGE: Any damage caused by a buyer during the preview, or during the period of removal is at the expense of the Buyer. Their information will be given to the Seller upon request and they will be held liable for any damages.

19. IMPORTANT! ByceAUCTION, LTD. will have the option of reselling, removing, storing or abandoning, at the expense and risk of the buyer, items not paid for and/or removed within the specified time of pick up. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items. The auction company has no obligation to store, handle, track or move items that are not picked up and therefore considered abandoned.

20. CHOOSE WISELY: We want every one to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our Seller(s) are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.

21. RESERVE AUCTION: All ByceAUCTION, LTD. "online auctions" are "Reserve" auctions. Therefore the auction company reserves the right to establish or change bidding increments, remove items from the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an individual item and or auction event. Suspend or cancel the bidding of any buyer at any time. Change, modify, delete or add to descriptions and photos. Change auction closing time, inspection or removal times. Rescind the sale of any or all items regardless of high bid upon auction conclusion. ByceAUCTION, Ltd. permits the registration and bidding of any party as long as they meet the registration requirements and terms and condition including sellers, members, owners, employees and associates of ByceAUCTION, LTD. The auction company is not responsible for technical or communication problems, website outages, browser incompatibility or any connectivity issues. Items for sale by Court Order, Bankruptcy, Foreclosure or Probate are subject to confirmation of the court, executor, administrator or appointed Trustee or Fiduciary.

22. CLAIMS: Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event of arbitration, judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue in either case will be Mahoning County, Ohio, USA.

23. In the event of a bidder default and /or bidder chargeback, bidder agrees that ByceAUCTION, LTD. may collect payment for items, including cost associated with items to be relocated, discarded or stored, either by arbitration small claims court or municipal court at ByceAUCTION, LTD. discretion, and that any judgments awarded may be applied to the bidder personally or corporately.

24.  LIABILITY: Auctioneers and the Sellers liability shall be limited to the refund of bidders purchase price.

25. PRIVACY: ByceAUCTION, LTD. will not sell your information. Bidders who register consent to be contacted or emailed auction notifications for all ByceAUCTION, LTD. auction events. To be removed from our database, click the “opt out link” in our automated emails. You do not need to subscribe to our email list if you are a registered bidder. If you wish to re- subscribe, you may do so on our website. NOTE: NEVER GIVE YOUR EMAIL, PASSWORD OR BIDDER INFORMATION TO ANYONE. IF YOU FORGET REGISTRATION INFORMATION, CLICK ON THE "FORGOT PASSWORD" TAB AND FOLLOW THE DIRECTIONS.

26. LIMITATIONS: The above-stated terms and conditions of sale cannot be altered except in writing by the auction company. Terms and conditions may change from auction to auction and are agreed to electronically by bidders upon registration. Terms and conditions are designed as general guidelines and may not cover every possible scenario. ByceAUCTION LTD. is not responsible for the fraudulent or unauthorized use of your bidding account. Bidders are responsible for the security of same. If you feel someone possess this information, it is suggested that you change your password immediately. Buyers agree that they have reviewed and agree to all terms and conditions of the auction. These terms and conditions constitute an enforceable and binding electronic agreement upon their electronic acceptance by the Bidder. Online auctions are conducted via the website entitled www.byceonline.com, Byce Auction, LTD. 755 Wick Ave. Youngstown, OH 44505 -- 330.747.7000 -- info@byceauction.com – Real estate is sold through the Ohio licensed brokerage, ByceREALTY, a dba of ByceAuction LTD.

28. DISCLAIMER OF WARRANTY AND RELEASE: You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.

The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice.

 Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale items including but not limited to equipment, personal property, vehicles and real estate.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

29. COVID-19: Please follow the Governor's mandated statewide mask policy. As a condition of bidding, buyers agree to comply with all policies and requests of staff at pick-up and preview. If you are feeling ill, we will release your items to another party if they provide valid ID and have an electronic or print out of your invoice. Please minimize number in your party. You may be asked to wait if we limit the number of people in the home. Any items not picked up within the published pick up times will still be considered abandoned at buyer's expense. Thank you

Buyer/Bidder and or Registered party agree to all the terms and conditions and electronically agree to same as a condition of registering, bidding and contracting trough the site; www.byceonline.com  All terms and conditions are © Copyright 2014 by Byce Auction, LTD. and may not be used or duplicated without express written permission.

AS A CONDITION OF REGISTERING AND BIDDING, I AGREE TO BE LEGALLY BOUND BY THESE GENERAL TERMS AND CONDITIONS AND SPECIFIC TERMS AND CONDITIONS FOR TIMED INTERNET AUCTIONS HELD ON THE URL:  https//byceonline.com: AS A CONDITION OF REGISTERING AND BIDDING, I HAVE AGREE TO THESE TERMS AND CONDITIONS AND ANY specific terms and conditions which may differ for each event, including those posted within the “body” of the auction and are subject to change.

Removal: Thursday, April 20, 2023 11:00 AM - 5:30 PM