Louisville Legacy Home Premium Auction

January 16th, 2020 TERMS & CONDITIONS: All questions regarding this auction should be directed to Legacy Home and Estate Services. Any member of our staff would be happy to answer your questions and make this an enjoyable auction experience for you. Legacy Home and Estate Services Office: (502) 500-0374 Email: contact@legacyhomeestate.com All descriptions and information are believed correct, but are not guaranteed. Items are sold “as is - where is” with no guarantees or warranties. It is the Bidders responsibility to research any and all descriptions and information to their complete and full satisfaction prior to bidding. All sales are final. Buyer’s Premium: A 15% buyer’s premium will be added to the winning bid of each item to determine the final selling price. Removal Information and Schedule: All purchases can be picked up at 10466 Bluegrass Parkway in Louisville, KY 40299 on Saturday February 1st, 2010 from 9am-12pm. The Buyer is solely responsible for removal. All Buyers must provide all necessary labor, tools, and supplies for the safe removal of all purchased items. If you do not pick up your items within the posted pickup times, you may be subjected to a $20 rescheduling fee. Shipping: If you require shipping we suggest you use professional shippers. We have worked successfully with a company called Fragile Pack of Louisville to handle customers' shipping needs. Buyers should contact Scott Logsdon of Fragile Pack at (502) 423-0000 for shipping questions and needs. We also have success with www.uship.com. Legacy Home and Estate Services will coordinate your shipping needs for smaller items, larger fragile items will be the responsibility of the buyer. Shipping costs will be charged to your credit card. Registration: Registration is free but does require several important pieces of information. Bidders must be registered with their full name, address, and telephone number. An email address is also required so bidders may be sent winning bid notifications and auction invoices. Information from either a MasterCard or Visa is to be held on file. This information is obtained to deter defunct bidding and to facilitate payment once you receive your invoice. The account will be charged in the event that an item has been unpaid after the allotted time for payment has passed. Registration may only be completed with an acknowledgment that the bidder has read and understood all terms and conditions for the sale and online bidding. Description of Items: All descriptions and information are believed correct, but are not guaranteed and as such the Auctioneers, Legacy Home and Estate Services, Inc., and/or the Seller shall not be held liable for inaccuracies in the information. It is the Bidders responsibility to obtain or verify, prior to bidding, any information they consider critical to their decision to purchase. All bidders are encouraged to inspect and research all aspects of the items, descriptions and information provided to their complete and full satisfaction prior to bidding. The items are being sold “as-is” “where-is” with no warranties or guarantees of any kind including merchantability and/or fitness for particular purpose. Bidding: Online bidding is to be understood as a binding contract. Bids will be taken with the understanding that the bidder will honor their winning bid with sufficient funds including all applicable taxes and fees. Do not bid if you do not intend to pay. Notification of winning bids will be sent via email along with an auction invoice. Be sure to check your "Junk" email folder if you do not receive your invoice within a reasonable time frame. Sales Tax: All sales are subject to 6% Kentucky Sales Tax. Auctioneer's Right to Bid: In accordance with KRS330.220(6)(a), it is hereby disclosed that, with permission from the seller, the auctioneer and any auction staff members reserve the right to bid.  Shopping at an estate sale is a fun and cost efficient was to find items you loved from your past or to discover new memories. Plus, shopping with Legacy Home Estate helps us keep our planet green. A knowledge of the terms and understanding them is beneficial to all parties involved. Enjoy! Legacy Home Estate is an Estate and Personal Property sale company. Understanding their terms can prevent disagreements and allows the buying and selling process to be what our intention is, to be simple and fun. -You are buying second hand items. All items are sold “as-is”. Working or not, chips or cracks, faded, or perfect. We will do our best to represent the items listed but we expect you to ask questions prior to purchase. We also photograph these items and these photos will help guide your purchase decisions. -All sales are final – any purchase you make cannot be returned. Where most retailers have storage, we work in the Sellers home. After a sale ends, we have limited time to remove the items from the house. To store items requires Legacy Home Estate to remove the item from the home, find storage and ultimately find a time to connect the item with the buyer. The seller expects payment at the end of the sale and the business is concluded between the two parties. -Payments – Legacy Home Estate accepts credit cards and wire transfers as acceptable forms of payments. Legacy Home Estate will add tax and a buyers fee to transactions. Tax Exempt status must be presented prior to purchase of any items on Legacy Home Estate. -Security-Buyers are not permitted to roam the sellers home without being accompanied by a member of Legacy Home Estate. -Buying from multiple sales – Legacy Home Estate will have multiple sales posted at a time. Please ensure you review the location, time and date of the pickup prior to purchase. -Items that are difficult to remove from the estate and delivery – Legacy Home Estate will notate items for sale that will be challenging to remove from the home. Please prepare ahead of time. Legacy Home Estate’s staff will be unable to assist with removal of items, so please plan ahead and bring assistance should you need it. Be sure to check this out if you are looking to buy pieces that you cannot lift or move alone or fit into your vehicle. Legacy Home Estate can recommend delivery and moving companies to assist with the transfer of the items from the sellers home to the buyers. TERMS AND CONDITIONS *Pickup day and times are fixed and cannot be modified. *Purchases cannot be retracted once placed. By checking out the purchase you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. A successful purchase constitutes a legally binding contract of sale. All sales are final. *Every Lot has a 10% buyer’s premium. *We collect Kentucky State sales tax on all purchases. *We only accept payment by credit card at end of sale. *No refunds, exchanges or credit will be issued. All items are “AS IS”, “WHERE IS” By receiving your paid lots you agree that you are satisfied with your items. *Please keep in mind that the staff cannot help you move large items or furniture. We know several reputable local movers and we will be happy to recommend them. Please bring wrapping material or boxes to wrap your delicate items. *We do not offer shipping unless requested. All items are pickup only on the designated time and day. *All items offered for sale have descriptions on the lot page. Any defects or damage are noted there. *All weights and measurements are approximate *All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Legacy Home Estate, LLC. or Seller for any errors or omissions. *Any items not picked on the scheduled pickup day and time will be donated to a charity of our choice. DO NOT PURCHASE ITEMS IF YOU CAN’T PICK THEM UP ON THE SCHEDULED DAY AND TIME. FULL Online Sale Terms and Conditions TERMS: There is a Buyer’s Premium added to the purchase amount please factor that in when checking out! Payment will be by credit card only (Paypal, Visa, Master Card or Discover). The card on file will be processed for payment in full at the conclusion of the purchase. 1) WEBSITE USER AGREEMENT – This is a legal agreement between you (the User or Buyer) and the Site Owner or Legacy Home Estate, LLC. You must be at least 18 years old to purchase. Legacy Home Estate, LLC. at its sole discretion may ban from further use any Buyer or Seller which Legacy Home Estate, LLC believes to have in any way misrepresented itself or any item, failed to abuye by the terms and conditions, or conducted any improper behavior as determined solely by Legacy Home Estate, LLC. Any Seller who misrepresented their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions. 2) REGISTRATION – All Buyerss are required to register for a User Name to purchase from our Online Website. Buyers must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, PayPal or credit card information and any other information requested for identification. The Buyer hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete ‘Terms and Conditions’, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Buyers take full responsibility for their User Name. User Names are nontransferable. All purchases made by the holder of the User Name will be the responsibility of the registered User. All sales are final. No refunds, reductions, returns or exchanges! NO EXCEPTIONS! Legacy Home Estate, LLC , reserves the right to refuse any applicant for a User Name or the privilege of buying at any online and to revoke such privilege at any time. 3) SOME ITEMS MAY SELL WITH A RESERVE – At the sole discretion of Legacy Home Estate, LLCc. and sellers acceptance and/or rejection of the highest offer. 4) BUYING – Do not make an offer or purchase unless you agree to ALL of the terms and conditions posted herein. By making an offer or purchasing instantly, you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. The highest offer shall be the Buyer and no User shall retract their offer or purchase. A Buyer is deemed to have accepted an item or lot when they make their offer or purchase. A successful offer or purchase constitutes a legally binding contract of sale. All sales are final. Legacy Home Estate, LLC reserves the right to reject any and all offers or purchases on items and lots being sold. 5) BUYERS PREMIUM – A Buyers Premium Applies on ALL purchases. A Buyers Premium will be added to all purchases. A Buyers Premium is a predetermined percentage or flat fee added to the price to achieve the contract sales price and goes to Legacy Home Estate LLC. The use of a Buyer’s Premium will not in any manner whatsoever constitute an agency relationship between Legacy Home Estate, LLC. (their licensees, employees or agents), and the Buyer. Legacy Home Estate, LLC, licensees, employees and agents are agents for the Seller Only. The Buyers Premium has been a choice of Legacy Home Estate, LLC. Legacy Home Estate, LLC may change the Buyers Premium at any time. Buyer’s premiums percentages are posted on all sales main pages. 6) POSTED CLOSING TIMES – Posted closing times and displays of the online current time are approximate. Legacy Home Estate, LLC reserves the right to close early or extend an sale at any time at its sole discretion. It is strongly recommended that offers submitted or immediate purchases be placed early to avoid losing out due to an ill-timed, last minute offers or technical difficulty. All times are based on the Eastern Standard Time Zone unless stated otherwise. 7) PAYMENT – Payment will be by CREDIT CARD ONLY. The credit card used for your registration (must be your credit card) and will be charged for your purchases after the close of the sale and prior to the removal date. LEGACY HOME ESTATE, LLC RESERVES THE RIGHT to charge your credit card if no payment is made by the stated removal date. All payment methods must be approved by Legacy Home Estate, LLC. in their sole and absolute discretion prior to purchase or offer. No checks will be accepted and will be treated as non-payment. Buyers agree to not ‘stop payment’ any credit cards. No purchases may be removed from the sale site until said purchases are paid for in full. Legacy Home Estate, LLC reserves the right to have all payments converted to valid cash before removal of any items or lots. All tax exempt buyers must send a copy of their tax certificate and driver’s license prior to purchase or offer. All names must match on all submitted documents to receive the tax exemption.  8) PAYMENT RESPONSIBILITY – The Buyer hereby further agrees that whether he/she shall be acting as a principal, an agent, an officer or director of a corporation or partnership, or otherwise in any capacity whatsoever, the Buyer and the Company he/she represents shall both be responsible for the payment of the purchase price, Buyers Premium and applicable taxes with respect to any and all items and lots for which the Buyer shall be the successful Buyer at the online sale. And, if the Buyer shall tender a credit card as payment for the whole or any part of such purchase price, Buyers Premium and applicable taxes, all items and lots sold in reliance on such credit card shall be subject to seizure by Legacy Home Estate, LLC and/or their licensees, employees and agents at the sole cost and expense of the Buyer in the event that such credit card shall be dishonored upon presentation of payment. In the event of non-payment, dishonored, stop payment or canceled credit card for purchases as stated herein, Legacy Home Estate, LLC, shall have a possessory lien on said unpaid purchases until such purchases are paid in full. In the event of any lawsuit or legal action taken in connection with or arising out of the terms herein, the Legacy Home Estate, LLC shall be entitled to recover all costs, expenses and attorney fees. 9) LATE PAYMENT – Any payment accepted late shall incur a twenty-five percent (25%) surcharge on the full amount of the invoice. 10) PURCHASE PRICE CALCULATION – Note that the purchase price is the sum of the purchase or offer price, the Buyers Premium and the sales tax if applicable. All payments must be in US Funds. Legacy Home Estate, LLC reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid in full prior to pick up. 11) REFRESH BUTTON – To keep your screen current for proper purchasing you will need to hit the ‘Refresh Button’ often. Practice prior to purchase or offer to understand how the refresh button works. 12) MAKE AN OFFER FEATURE – Please note when you Make an Offer, the item is available for purchase at the posted purchase price. The item will be marked as “Sold” once an offer by the seller has been accepted. The seller may select an offer amount that they will accept that will generate an automatic “accepted offer” or “declined offer”. The item will not be deemed “Sold” until an offer has been accepted or the original price point has been met. 13) REMOVAL AND FAILURE TO REMOVE – All purchases must be removed from the site without damaging any property and within the posted time frame allotted. Removal is at the Buyer’s sole obligation, cost and risk, and only in a manner approved by the Seller. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and lots, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to Legacy Home Estate LLC and Legacy Home Estate LLC shall retain a possessory lien on all items or lots of the Buyer. Any payment made by the Buyer shall be retained by the Legacy Home Estate, LLC for application against such deficiency. The Buyer agrees that the Legacy Home Estate, LLC and/or Seller may retain all monies received pursuant to any such resale and apply that money toward any deficiency without further notice. Legacy Home Estate, LLC reserves the right to require proof of adequate insurance coverage from any Buyer of items or lots requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by the Legacy Home Estate, LLC. Buyers agree to indemnify and save harmless both the Sellers and the Legacy Home Estate, LLC, licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling or removing of any item or lot. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to Legacy Home Estate, LLC and/or Seller’s satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or lot within the specified time, the item or lot will be deemed abandoned and the Legacy Home Estate, LLC shall have the right but not the obligation, at their sole discretion to resell, discard or remove items at Buyers’ sole risk and expense, without any notice to Buyer and without waiving any rights that Legacy Home Estate, LLC or Seller may have against Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or lot shall revert and repossess to the Seller or Legacy Home Estate, LLC without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc, and damage suffered by Legacy Home Estate, LLC because of the Buyers failure to remove any item or lot. It is the Buyer’s responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or lots purchased. Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, their agents, employees, contractors, etc., during the Sale or removal, are strictly and solely the Buyer’s expense and liability to correct, remove and clean up. The Buyer takes full responsibility for compliance with applicable environmental laws and exercises all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances. The Buyer hereby agrees to indemnify and hold harmless the Legacy Home Estate, LLC and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, their agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or lots, and as to the use or operation surrounding the removal of purchased items or lots, and as to any environmental situations created by the Buyer. No purchases may be removed from the site until said purchases are paid for in full. 13.1) LOCAL TRANSPORTATION of PALLETABLE ITEMS AVAILABLE: For estimate call (Who do we want to use?). NOTE: Transportation & Rigging companies are not employed by Legacy Home Estate, LLC but are independent contractors. Legacy Home Estate, LLC is in no way responsible for the negotiations or performance of said companies. 14) REMOVAL EXTENSION – On a case by case basis and at the Seller’s or Legacy Home Estate, LLCs discretion, the Seller or Legacy Home Estate, LLC may grant a Buyer a removal extension with a non-refundable (per day) extension fee as set by the Seller or Legacy Home Estate, LLC. Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension. 15) NON-DELIVERY (BILL OF SALE – TRANSFER OF OWNERSHIP) – The Legacy Home Estate, LLC and Seller shall in no event be liable to the Buyer for non-delivery (bill of sale – transfer of ownership) of any items or lots for any reason whatsoever except for the return to the Buyer of the deposit or other sums paid for such non-delivered items. This non-delivery period extends from the close of the sale until the time allotted for the removal process concludes. In no event will the Legacy Home Estate, LLC or Seller’s liability to the Buyer exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that the Legacy Home Estate, LLC and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Legacy Home Estate, LLC, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and not the physical delivery of an item or lot to the Buyer or their address. 16) NON-DELIVERY OF ITEM/S OR LOT/S – In the event any item/s or lot/s are not available for Buyer removal (for any reason), the Buyer will be reimbursed any monies paid on those item/s and/or lot/s only, and the balance of the purchases must be paid for in-full and removed in the proper time frame. The lack of delivery on any part of the Buyers purchase does not nullify the remainder of the purchase. Buyer will proceed in accordance with all terms and conditions posted herein, including any addendum/s and/or attachment/s made to these terms and conditions. In no event will Legacy Home Estate, LLC or Seller’s liability to the Buyer exceed the amount actually paid by the Buyer. The Buyer hereby acknowledges and agrees that Legacy Home Estate, LLC and Seller shall not be liable for special, consequential or incidental damages. The Buyers shall have no further claim or recourse against Sellers, Legacy Home Estate, LLC, licensees, employees and agents. Delivery in this section refers to the transfer of ownership and the physical delivery of an item or lot to the Buyer. 17) ADDITIONS OR WITHDRAWALS – Legacy Home Estate, LLC. reserve the right before, during or after the Sale, to withdraw from the Sale any of the items or lots listed or to sell at this Sale items or lots not previously listed. Legacy Home Estate, LLC. also reserve the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary by Legacy Home Estate, LLC. Legacy Home Estate, LLC. reserve the right to sell all of the items and lots listed in bulk or to sell any and all items or lots prior to the Sale. All items and lots are subject to prior sale and cancellation. Legacy Home Estate, LLC. and Seller reserve the right to augment the Sale with items from additional Sellers. These items and lots may be interspersed and not specifically identified throughout the Sale. 18) SALES TAX (if applicable) – All applicable sales tax, according to the governing tax laws in the state where the Sale is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our Sale office prior to the Sale. All buyers will be subject to the sales tax unless you provide our online portal with the documentation we require for exemption including (out-of-state Buyers and out-of-country Buyers must pay sales tax on all items including titled items), unless stated otherwise in the Sale terms. 19) TITLES – Title and Vehicle transfers will be delivered to the Buyer upon full payment and within legal guidelines. A mutually agreeable time and location will be set by Sellers and Buyers to complete notary work at a licensed Notary. 20) VIEWING (WHEN AVAILABLE) – The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the items and lots prior to final close of the online offers and purchases for the Sale. Viewings are at the sole discretion of Legacy Home Estate, LLC. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Legacy Home Estate, LLC., their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing each and every item and lot in an ‘as-Is’-‘Where-Is’ condition, with all its goodness and faults. The Sellers, Legacy Home Estate, LLC., their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever. 21) PERSONAL AND PROPERTY RISK – Persons attending during viewing and/or removal of items and lots, assume all risks of damage of or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held. Legacy Home Estate, LLC., licensees, employees, agents and/or Sellers are not responsible for accidents or theft, personal or physical, on the premises or in coming or going, to and from the viewing and/or removal. All persons in attendance during viewing and/or removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Legacy Home Estate, LLC., and federal, state and local regulations. Buyer specifically releases Legacy Home Estate, LLC., licensees, employees and agents from any and all liability thereof. 22) AS IS – WHERE IS – All items and lots are sold on an ‘AS-IS’, ‘WHERE IS’ and ‘WITH ALL FAULTS’ basis ‘WITHOUT EXCEPTION’ with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Legacy Home Estate, LLC. and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. Removal is at the Buyer’s sole obligation, risk and expense. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or lots by reason of their being incorrectly described orally or written, invoiced or cataloged, and no liability will be borne by Legacy Home Estate, LLC. , licensees, employees and agents in respect to any such faults or errors. All marketing and information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all of the information on the item or lot. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Buyers will accept the items or lots in spite of any defects or conditions, known or unknown, visible or not visible, and therefore Buyers do by these presents remise, release, acquit, quit claim and forever discharge the Sellers, Legacy Home Estate, LLC. , licensees, employees and agents from any and all claims now and in the future. The Buyers should avail themselves the opportunity to inspect all items and lots. All Buyers are urged to physically inspect the item during the inspection period, if any. All sales are final. No offers or purchases can be withdrawn during or after the Sale for any reason. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing and signed by Legacy Home Estate, LLC. Buyer also agrees that any oral, written or electronic representation made by Legacy Home Estate, LLC., shall not modify these “AS IS – WHERE IS” terms. Buyer understands that any description given in the catalog section or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection and/or investigations. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Legacy Home Estate, LLC. or Seller for any errors or omissions. 23) DISPUTES – In the event that you have a dispute with one or more users, you release Legacy Home Estate, LLC. /Provider (and our officers, directors, licensees, 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. If any dispute arises as to any offers between two or more Buyers or as to an item or lot, etcetera, Legacy Home Estate, LLC. at their sole discretion, may immediately put the disputed lot online again for Sale or declare the Buyer by decision. The actions and decisions of Legacy Home Estate, LLC. shall be binding, final and absolute. Should a dispute arise after the Sale, the Legacy Home Estate, LLC. sales/electronic record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or lot has been removed from the premises. 24) CLAIMS – No claims or returns will be allowed after the items or lots have been removed from the premises. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or lot to correspond with any standard and/or expectation of the Buyer. 25) FRAUD – Using false information is fraud and a serious Federal Offense. Legacy Home Estate, LLC. reserve the right to pull the item/s or lot/s from the Sale or void any sale at Sale or buy on behalf of the Seller/s, when Legacy Home Estate, LLC. detect or suspect fraudulent information. Fraud will be prosecuted to the fullest extent of the law. 26) ITEM/LOT RESPONSIBILITY – Items and lots become the complete and sole responsibility of the Buyers for the care, custody and protection immediately upon the online Sale system closing the sale in a customary manner changes ownership. It shall be the responsibility of the Buyers to insure their purchases immediately. Legacy Home Estate, LLC., licensees, employees and agents assume no responsibility for any missing or damaged items or lots and are specifically not acting as the Buyer’s security agent. 27) THEFT – Theft is a serious concern to all of us, if discovered, the individuals involved will be prosecuted to the fullest extent of the law. Legacy Home Estate, LLC. reserves the right to inspect all vehicles, tool boxes, etc. Instances of theft will result in immediate termination of future buying and selling. You will also be subject to removal of online privileges 28) FORUM SECTION AND APPLICABLE LAW – The parties agree that any litigation or dispute concerning enforcement of this contract or arising out of this online Sale shall be brought in the State of Kentucky, the jurisdiction shall be in the Jefferson county and that Kentucky law shall govern, irrespective of the location, county or state where the Sale was held. The prevailing party shall be entitled to an award of court costs and attorney fees incurred. 29) INFORMATION – This site and the information, content, and materials on this site are provided on an ‘AS IS’ ‘Where Is,’ and ‘Where Available’ basis. Legacy Home Estate, LLC. /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. 30) INFORMATION DISCREPANCIES – While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and Legacy Home Estate, LLC, licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation. No item or lot shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of, the Sellers, Legacy Home Estate, LLC., licensees, employees and agents. The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars set out in the newspaper ads, Sale brochures, catalogs, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, salability or other particulars, or the genuineness or authenticity of any item or lot, and neither Sellers nor Legacy Home Estate, LLC, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof. Announcements and postings shall take precedence over any advertising or pre-Sale material, written, oral and/or electronic. 31) DISCLAIMER OF WARRANTY AND RELEASE – You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. Neither Legacy Home Estate, LLC, its affiliates, nor any of their officers, directors, licensees, 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. 32) ERRORS, OMISSIONS, ETC – The Site may contain errors, omissions, inaccuracies, or outdated information. Furthermore, Legacy Home Estate, LLC. does not warrant reliability of any statement or other information displayed or distributed through the Site. Legacy Home Estate, LLC. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Legacy Home Estate, LLC. may make any other changes to this Site at any time without notice. Legacy Home Estate, LLC. makes reasonable commercial efforts to make the Site available at all times, however, Legacy Home Estate, LLC. is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment. 33) INDEMNITY CLAUSE – Buyer/s agree to indemnify and save harmless Legacy Home Estate, LLC. and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this Sale or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Buyer now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the Sale and/or a privately negotiated sale, before, during and after, the Sale or the privately negotiated sale, and shall survive settlement or lack thereof. Legacy Home Estate, LLC. is not responsible for accidents. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer/s also agree to indemnify and save harmless Legacy Home Estate, LLC. and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller’s ownership, responsibility and liability. 34) LIMITATION OF LIABILITIES – You agree that the Legacy Home Estate, LLC and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site (Legacy Home Estate, LLC or Provider) or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation, a negligent act, shall. Legacy Home Estate, LLC. or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether Legacy Home Estate, LLC, Provider or any of its providers have been advised of the possibility of such damages. 35) RECORDS – The records (written, audio, video, digital, computer generated and etc.) of the estate sale kept by the Legacy Home Estate, LLC, Providers, bookkeepers and employees will be taken as final in the event of any disputes or claims. 36) AGENCY – Legacy Home Estate, LLC, licensees, employees and agents are acting as an agent for the Seller only and are not responsible for acts of its principals, nor liability for damages, accidents or theft. 37) BINDING – It is agreed that the Buyer shall be bound by these terms and conditions, and if there is more than one offer, the obligations imposed by these terms and conditions, shall be joint and several. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof. 38) CREDIT CARD DISCLAIMER – Legacy Home Estate, LLC complies with the regulations of the Payment Card Industry (PCI COMPLIANT)Registrant/Seller/Buyer understands that Legacy Home Estate, LLC assumes no liability for security of credit card numbers on Legacy Home Estate, LLC’s online site, emails, etc., including the online system Provider’s site. 39) TERMS AND CONDITIONS UPDATES – All terms and conditions are subject to change, modification, addition, or deletion at any time and at the sole discretion of Legacy Home Estate, LLC. Any modified or new terms and conditions will be applied to any orders, sales or items past present and future. Updates to Legacy Home Estate LLC’s Terms and Conditions will be posted on www.Legacyhomeestate.com with a corresponding date of the update.  40) INTELLECTUAL PROPERTY – All photos and Information posted on the websites of Legacy Home Estate, LLC are intellectual and copyrighted property of Legacy Home Estate, LLC and may not be used in any manner without the express written permission of Legacy Home Estate, LLC. This includes but is not limited to all social media sites, estate sale listing sites or any website that Legacy Home Estate, LLC uses for the purposes of advertising and promotion of its copyrighted brand, photos and written materials.  41) RIGHTS – Legacy Home Estate, LLC reserves the right to cancel, delete or modify any purchase, item or sale for any reason and at any time with no prior notification. This applies to all sales, past, present and future. Contact: Legacy Home Estate, LLC Phone: (502) 500-0374 Email: david@Legacyhomeestate.com