McCandless Moving Online Only Auction (East Wichita / Andover Area)
Bidding begins to close on Sunday, May 17th at 6pm CT
244 S McCandless Drive - Andover, KS 67002
Buyer’s Premium: 10.0% ($2,000 Cap Per Lot)
Volkswagen Bug, Chevrolet Silverado, Small John Deere Tractor w/ Loader, Shop Items and More.
Pick-Up: Monday, May 18th, & Tuesday, May 19th, both from 4pm to 7pm
Lot 100 | Chevy 1/2 Ton Silverado
Chevy 1/2 Ton, Long Bed, 2 Wheel Drive Silverado
Lot 101 | John Deere 855 Tactor
John Deere 855 Deisel Tractor w/70 A Loader and 272 Grooming Mower
Lot 102 | Post Hole Digger
County Line Post Hole Digger with 6" Auger
Lot 103 | Yamaha Golf Cart
Gas Powered Yamaha 4 Seat Golf Cart
Lot 104 | Volkswagen Bug
Automatic Stick Shift Volkswagen Bug
Lot 105 | Volkswagen parts
Misc. Volkswagen Parts
Lot 106 | Air Compressor
Craftsman 60 gallon 5 horse upright Compressor 240 Volt Single Phase. Compressor Rotates, Motor won't run
Lot 107 | Snow Blower
Toro CCR 2000E Snow Blower
Lot 108 | Cement Mixer
Cement Mixer w/Hand tools
Lot 109 | Table Saw & Garden Tools
Sears & Roebuck Table Saw and Stand & Wooden Barrel of Garden Tools
Lot 110 | Washer & Misc.
GE Washing Machine, 56"x291/2" Glass Shower Door, Drip Pan
Lot 111 | Garage Fan & Scrap Metal
Garage Squirrel Cage Fan & Scrap Metal
Lot 112 | Pond & Stand
2Tier Pond & Plant Stand
Lot 113 | Power Washer & Misc.
Power Washer, Carpets, Metal Shelf, Wagon with contents
Lot 114 | Spreader, Rotary Tiller
Pennington Spreader, Main Line Rotary Tiller, Multi Wonder Slicer
Lot 115 | Saw Table, Dolly, Saw
Black & Decker 7 1/4" Circular Saw, Saw Table, Dolly
Lot 116 | Misc. Vintage Toys
Misc. Vintage Toys
Lot 117 | Tea Set, Junior Sewing Machine
Porcelain Tea Set. Junior Miss Sewing Machine
Lot 118 | Misc. Barbie
Barbie Camper, Barbies, Barbie Clothes
Lot 119 | Dolls & Doll Clothes
Dolls and Doll Clothes
Lot 120 | 8 Track Tape Player
Roadmaster 8 Track Payer and Case, Space Heater
Lot 121 | Machinist Toolbox
Vintage Boeing Machinist Toolbox
Lot 122 | Vintage Outdoor Items
Vintage Croquet Set, Vintage Yard Decor, Fountain
Lot 123 | Comic Books
Vintage Comic Books
Lot 124 | Chain Saw
18" Homelight Chain Saw, Jack Stands, Coleman Ice Chest
Lot 125 | Vintage Desk & Lamps
Vintage School Desk, Vintage Lamps, and Outdoor Swing
Lot 126 | Vintage Desk & Lamp
Vintage School Desk, Vintage Lamp, Flag and Pole, Gas Can, Scrap Metal, Chair
Lot 127 | Edger, Post hole Digger
Edger, Post Hole Digger, Lawnmower blades
Lot 128 | Misc. Hardware & Tools
Level, Bolt Cutter, Drill Bits, Misc. Hardware & Tools
Lot 129 | Conduit Bender & Tools
Conduit Bender, Bolt Cutters, Limb Saw, Woodworkers Vice Kit, Crowbar
Lot 130 | Misc. Tools
2 Levels, Yardsticks, Trowels, Nail Bar, Grease Gun, Filters Silverware
Lot 131 | SawZal, Socket Set
Milwaukee SawZal, 3/8 Socket Set, Bucket of Pegboard hooks
Lot 132 | Brad Nailer & Power Painter
Craftsman Brad Nailer, Wagner Power Painter
Lot 133 | All Trade Tool Kit
3/8 Drive All Trade Tool Kit, Bucket Misc. Hardware
Lot 134 | Misc. Tools & Hardware
Top Shelf- Montgomery Ward Power Craft Scroll Saw, Sanders, Bottle Jack, Small Hardware, Tool Belts
Lot 135 | Miter Saws
Middle Shelf-Delta Miter Saw, 2 Vintage Manual Miter Saws
Lot 136 | New and Used Hardware
Bottom- Heave Duty Rubber Mats, 3 Buckets New and Used Hardware
Lot 137 | Misc. Items
Microwave, Steel Post Fencing Clips/2 bags, Extension Cords
Lot 138 | Misc. Tools & Hardware
4 Buckets Misc. Tools and Hardware
Lot 139 | Misc. Tools
Vintage Ping Pong, Skil Saw, Kmart Bench Grinder,1/3 Horse Power Air Compressor
Lot 140 | Misc. Tools
Black & Decker Jig Saw, Sander, Ace Heat Gun
Lot 141 | Outdoor light & Sign
Potable Outdoor Light and Betsy Ross Street Sign
Lot 142 | Toolbox, Chain
Toolbox with Content & Bucket of Chain
Lot 143 | Toolbox, Chain
Toolbox with Content & Bucket of Chain
Lot 144 | Work Bench
Work Bench with Contents
Lot 145 | Fishing Tackle
2 Tackle boxes with content, Rope and Tents Stakes
Lot 146 | Misc. Tools & Hardware
Misc. Tools and Hardware, Drill bits
Lot 147 | Misc. Tools & Hardware
Misc. Hardware, Grease Gun, Socket Set, Auto Analyzer
Lot 148 | Misc. Tools & Hardware
Misc., Hardware, Black & Decker Angle Grinder and Skil Saw, Misc. Hand Tools, Socket Set
Lot 149 | Seat w/ Misc. Items
Car Seat with Content, Bucket chain, Lawn Chairs
Lot 150 | Table Saw
Table Saw w/ Project Magazines
Lot 151 | Misc. Items
Misc. Hardware, Bucket w/ Chain, Shoe Cobbler
Lot 152 | Misc. Hardware
5 Buckets of Misc. Hardware
Lot 153 | Windows & Tools
Windows, Chair, Post Driver, Sledge Hammer
Lot 154 | Vintage Jack, Pitcher Pump
Vintage Jack, Vintage Picher Pump
Lot 155 | Vintage Post Vice
Vintage Post Pipe
Lot 156 | Hand Tools
Hand Tools
Lot 157 | Vintage Tools, Misc.
Vintage Tools, Lawn Chair, Carpet, Misc.
Lot 158 | Table & Chairs
Wooden Table, 2 wooden chairs, Book Holder
Lot 159 | Hardware
Hardware
Lot 160 | Pedestal Sink & Items
Pedestal Sink, Hand Tools, Hardware, Tile Cutter
Lot 161 | Kerosene Heater & Items
Kerosene Heater, Extension Cord, Plant Stand, Baseball Bats
Lot 162 | Misc. Items
Kerosene Heater, Water well Pump, Lamps, Outdoor Lighting
Lot 163 | Power Tools, Hardware
Misc. Power Tools, Misc. Hardware
Lot 164 | Misc. Items
Vintage Gas Heater, Dehumidifier, Installation Kit
Lot 165 | Toolbox, Pipe Wrenches
Toolbox, Pipe Wrenches, Misc. Plumbing
Lot 166 | Sprinkler, Pump, Fan
Vintage Tractor Lawn Sprinkler, Squirrel Cage Fan, Barrel Pump
Lot 167 | Bar Clamps, Boat Paddles
Bar Clamps, Boat Paddles
Lot 168 | Construction Material
Plywood, Misc. Siding, OS Board
Lot 169 | Gate Opener
Automatic Mule Gate Opener
Lot 170 | Toolbox, Tackle Box
Toolbox, Metal Tackle Box w/content, Box of Misc. Items
Lot 171 | Wooden Trays
Wooden Trays, Auger Bits, Behind the Seat Toolbox
Lot 172 | Toolboxes
Mechanics 7 Drawer Toolbox, Toolbox w/Content
Lot 173 | Misc. Tools
Ceiling Grid Rails, Misc. Hardware, Craftsman Sander, Hedge Clippers, Well Pump
Lot 174 | Misc. Hardware
Hardware, Painting Supplies, Toilet Repair Kit
Lot 175 | Misc. Tools/hardware
5 Cans Hardware, Misc. Vintage Tools, Strong Tie Connections
Lot 176 | Cookware, Decor Lumber
Camping Cookware, Decorative Lumber, Misc. Hardware, Cases with Film
Lot 177 | Misc. Tools
Misc. Household Tools, Hardware
Lot 178 | Misc. Tools
Misc. Tools, Toolbox
Lot 179 | Lumber, Ladder
Lumber, 6' Werner Fiberglass Ladder
Lot 180 | Vintage Fishing Poles
Vintage Fishing Poles
Lot 181 | Drawers with Content
3 Drawers w/Content
Lot 182 | Ice Chests
Coleman Metal Ice Chest, Rubbermaid Ice Chest
Lot 183 | Edger, Storage Box
Black & Decker Electric Edger, Plastic Pick Up Storage box
Lot 184 | Boat Motor
Outboard Boat Motor
Lot 185 | Books
Barrel of children books(all ages)
Lot 186 | Toys
Barrel of Toys
Lot 187 | Toys
Barrel of Toys
Lot 188 | Chairs & Lamp
Camping Chairs, Lamp
Lot 189 | Post Stands
Metal Post Stands
Lot 190 | Film Projectors
Carpet Padding, Film Projectors, Film, Children’s Pool Table
Lot 191 | Ventage Table
Vintage Table, 7 1/2 ' Christmas Tree w/ Prestrung Lights, Shelf, Decor Lumber
Lot 192 | Construction Items
Steele Lamp Post, Roof Edging, Metal trim, Trim
Lot 193 | Vintage Bottles
Vintage Bottles, Vintage Ice Skates, Mailbox, Plastic Fencing
Lot 194 | Insulators, Tent
Vintage Glass Insulators, Tent, Craftsman Router Crafter
Lot 195 | Christmas Decor
Christmas Decor, 2 Deer
Lot 196 | Vintage Tins, Canning Items
Vintage Tins, Canning Items, Barrel, Ice Chest, Lantern
Lot 197 | Vintage Garden tools
Vintage Garden Tools, Galvanized Tub
Lot 198 | Vintage Glassware
Vintage Glassware and Items
Lot 199 | Misc. Yard Decor
Misc. Yard Decor
Lot 200 | Gas Weedeaters
2 Gas Weedeaters
Lot 201 | Lawnmower Attachments
Craftsman Grass Catcher, Gutter extensions, Bricks
Lot 202 | 18' Extension Ladder
18' Extension Ladder
Lot 203 | 24' Extension Ladder
24' Fiberglass Extension Ladder
Lot 204 | Metal Shed
10x12 Metal Shed
Lot 205 | Landscaping Lumber
Landscaping Lumber
Lot 206 | Contents of Shed
Kenmore Washer, Stove, Diswasher, Frigedair Dryer, Fencing, Fencing Material, Mailbox
Lot 207 | Husky Toolbox w/Content
Husky Toolbox w/Content
Lot 208 | Freezer
12 Cubic Ft Frigidaire Freezer
Lot 209 | Workbench w/ Contents
Workbench w/Contents
Lot 210 | Generator
HomeLite Generator 4400 |
Lot 211 | Vehicle Seat
Vehicle Seat, Carpet, Lawn chair
Lot 212 | Ayer Toilet
Ayer Toilet(new)
Lot 213 | Electric Smoker
Electric Smoker
Lot 214 | Toolbox w/ Content
Toolbox w/content
Lot 215 | Outdoor Supplies
4 Wooden Chairs, Golf Clubs, Rakes Broom
Lot 216 | Outdoor Tools
Electric Chainsaw, Limb Saw, Pruner, Gas Can
Lot 217 | Outdoor Tools
Gas Can, Remington Electric Limb Saw, Hedge Clippers
Lot 218 | Air Compressor & Items
Paper towel Dispenser, Electric Heater, Portable Air Compressor, Oil Change Caddies
Lot 219 | Bar Clamps, Gas Cans
Bar Clamps, Gas Cans, Trouble light, Jumper Box
Lot 220 | Toolbox, Dolly
Toolbox w/ Content, Floor Mats, Dolly
Lot 221 | Grinder, Misc.
Grinder, Misc. Items
Lot 222 | Outdoor Decor
Outdoor Decor, Shepherds hooks Benches, Bug Light
Lot 223 | Battery Drill/ Light
Battery Drill/Light, Portable Bench
Lot 224 | Chainsaw
Craftsman 18" Chainsaw, Pipe Wrenches
Lot 225 | Toolbox w/content
Toolbox w/content, Storage box, Trouble Light, Socket Set, Soldering Gun
Lot 226 | Portable Air Compressor
Potable Air Compressor 1 1/2HP
Lot 227 | Lawn Mower
Briggs & Stratton 22" Weedeater Lawn Mower
Lot 228 | Stanley Thermos, Misc.
2 Stanley Thermos, Barrel, Empty Storage Cages, Walker, Gas can, Sprinkler
Lot 229 | Edger
Weedeater Edger
Lot 230 | Power Washer w/ Misc.
Husky Power Washer, Gas Cans, Misc.
Lot 231 | Misc. Car Stereo Items
Misc. Car Stereo Items, Costumes
Lot 232 | Auto Cleaning Supplies
Auto Cleaning Supplies, Table
Lot 233 | Clutch Motor
Clutch Motor
Lot 234 | Gate Controller
Gate Controller
Lot 235 | Industrial Sewing Machine
Industrial Sewing Machine, Carpet Trimmer
Lot 236 | Air Compressor, Lumber
Goodyear 10 Gal Air Compressor, Lumber
Lot 237 | Propane Tanks, Weed Burner
2 Propane Tanks, Weed Burner, Chain
Lot 238 | 2 Ladders
6' Ladders, 4' Ladder
Lot 239 | 2 Ladders
Franklin Combination Ladder, 3' Step Ladder
Lot 240 | Vintage Fishing Poles, Misc.
Vintage Fishing Poles, Bumper Jack, Nail Trolley Popular Mechanics Garage Door Opener
Lot 241 | Variety Vintage Albums
Variety of Vintage Albums
Lot 242 | Anchor Hocking Snack Set
Anchor Hocking Milk White Snack Set
Lot 243 | Anchor Hocking Snack Set
Anchor Hocking Snack Set, Kromex Chrome Giftware
Lot 244 | Antique Jars
Antique Jars
Lot 245 | Vintage Items
Vintage Items
Lot 246 | Vintage Items
Vintage Items
Lot 247 | Vintage Items
Vintage Items
Lot 248 | Box Blade
Box Blade
Sale Terms & Conditions
10% Internet Buyer’s Premium (Online Bidders Only, subject to $2,000 Cap per lot).
Out-of-state bidders (Outside of Oklahoma & Kansas) must pay promptly via ACH, credit card, or wire transfer.
All items are sold “AS IS, WHERE IS” without any warranty.
ONLINE BIDDING TERMS:
The following terms, conditions, restrictions, and limitations (collectively, this “Agreement”) govern the use or attempted use of Online Bidding Services by any person or entity in connection with any Auction conducted by Bellamy & Co. LLC.
1. Definitions. For purposes of this Agreement, the following terms have the following meanings:
(a) “Auction” refers to any particular auction conducted by Bellamy, including live, virtual, and timed (online only) auctions.
(b) “Auction Terms” refers to the bidding and sale terms that apply to a particular Auction.
For a real estate Auction, the “Auction Terms” are the terms outlined in the Agreement to Purchase and all exhibits and appendices incorporated therein, which are included in the bidder packets and posted to the auction website.
(c) “Bidder Information” refers to and includes any information that you provide to Bellamy in connection with Online Bidding Services and any Auction, including but not limited to information provided when you apply for access to Online Bidding Services and information provided when you register for and participate in an Auction.
(d) “Online Bidding Number” refers to the identification number provided to you upon acceptance of your application for access to Online Bidding Services.
(e) “Online Bidding Services” refers to any technology or means offered or authorized by Bellamy for submitting online bids in connection with an Auction, including any webpage or application (and any software used in connection with that) that permits or is designed or intended to permit the
registration of prospective bidders and sending bids via the Internet.
(f) “Bellamy” refers to Bellamy & Co. LLC, 106 S. Grand Ave, Cherokee, Oklahoma, 73728
(g) “Seller” means, concerning any particular lot, the owner(s) of the property comprising such lot.
(h) “You” and “your” refer to, collectively: (i) the individual who is using the Online Bidding Services as a registrant or bidder or prospective registrant or bidder, whether on their behalf or as an agent of another person or entity; and (ii) the person or entity, if any, that has authorized such individual to act on their behalf.
2. Access To and Use of Online Bidding Services. Access to and use of Online Bidding Services is offered on a conditional basis, subject to the terms, conditions, restrictions, and limitations of this Agreement, and further subject to the right at this moment reserved by Bellamy to allow or deny access to the Online Bidding Services to any party in Bellamy’s sole discretion. Before using or attempting to use the Online Bidding Services, you must apply for access to the Online Bidding Services and accept the terms of this
Agreement. By applying for access to Online Bidding Services and accessing, using, or attempting to use Online Bidding Services, you agree to all the terms, conditions, restrictions, and limitations outlined in this Agreement.
3. Online Bidding Number. Upon acceptance of your application for access to Online Bidding Services, you will receive an Online Bidding Number. You agree: (a) to use your authorized Online Bidding Account whenever you access or use the Online Bidding Services; (b) to use your best efforts to prevent the unauthorized disclosure or use of your Online Bidding Account; and (c) to assume responsibility for all activities that occur using your Online Bidding Account, including any use of the Online Bidding Services by a minor or any other party under your name or account.
4. Participating in an Auction. Once you have obtained an Online Bidding Account, you may register to participate in one or more Auctions using Online Bidding Services (subject to the terms, conditions, limitations, and restrictions outlined in this Agreement). To participate in any particular Auction using Online Bidding Services, you must register separately and agree to the terms that apply to such Auction. Successful registration for one Auction does not guarantee registration for any other Auction. Bellamy reserves the right to refuse to register any person for any Auction. The Auction Terms for a particular Auction apply in addition to this Agreement. If the Auction Terms conflict with any provision of this Agreement, the Auction Terms shall prevail unless expressly provided otherwise.
5. General Terms of Bidding and Sale. Concerning any Auction for which Online Bidding Services are available, the following terms and conditions shall apply unless and except as otherwise provided in the Auction Terms for that particular Auction:
(a) By using Online Bidding Services, and as a material part of the consideration for Online Bidding Services, you agree that: (i) any bid you submit using Online Bidding Services shall constitute a firm offer to purchase and shall not be canceled or retracted for any reason, and (ii) a bid for a particular lot that is submitted using Online Bidding Services may be reinstated while bidding remains open for that lot if a problem arises with a higher bid. Upon acceptance of the winning bid for a particular lot, the winning bidder shall have purchased that lot at the accepted bid amount. You will be notified by email if your bid is accepted as the winning bid. Unless otherwise stated, the Seller reserves the right to reject the winning bid.
(b) Any lot may have a reserve price unless otherwise stated. A reserve price is the lowest price at which the lot may be sold. The reserve price is not disclosed to bidders. If a lot has a reserve price, Bellamy’s agents may bid on the Seller’s behalf up to the reserve price.
(c) All bids and payments must be made in U. S. currency. Unless otherwise provided in the Auction Terms, payment of the purchase price, plus any applicable sales taxes and other applicable charges, must be paid by 3:00 p.m. (CST) on the second business day after the day of the Auction. Payment must be delivered by wire transfer per the wire instructions provided by Bellamy or credit card (Visa or MasterCard) or by any other payment method acceptable to Bellamy. If you pay by credit card, you agree to pay a 4% surcharge and any other charges.
(d) If your bid is accepted as the winning bid for a particular lot, that lot shall immediately become your responsibility. Your responsibility includes (i) the costs of insurance and the risk of loss or damage to such lot; (ii) the payment of any applicable sales taxes and/or other applicable charges concerning such lot; and (iii) all transportation costs, including preparation, shipping, and insurance. You are responsible for transporting purchased lots from the Auction site to your desired location within the removal period specified by Bellamy for the Auction. However, you will not be entitled to take possession or control of any lot until you have paid in full for all purchased lots. You agree to compensate Bellamy and/or Seller for any storage, hauling charges, or damages suffered by Bellamy and/or Seller because of your failure to timely pay for any purchased lots and/or your failure to remove any purchased lots within the removal period specified by Bellamy for the Auction.
(e) If you fail to pay any sum when due, you agree to pay interest accruing from the due date at the rate of 18% per annum (or at the maximum rate allowed by law, whichever is less), together with any legal and/or collection costs, including attorneys' fees, incurred as a result of your non‐payment and/or in connection with the collection of any sum past due.
(f) ALL PROPERTY IS SOLD "AS IS, WHERE IS." YOU SHOULD INSPECT ALL PROPERTY ON WHICH YOU INTEND TO BID BEFORE PLACING YOUR BID.
(g) BELLAMY CANNOT AND DOES NOT GUARANTEE THAT BIDS PLACED VIA ONLINE BIDDING SERVICES WILL BE TRANSMITTED TO OR RECEIVED BY THE AUCTIONEER IN A TIMELY FASHION.
(h) Online bidding is subject to the minimum bidding increments established by the sale manager and/or auction staff through the online bidding platform; provided, however, for a live Auction, the conduct of the Auction and increments of bidding are at the direction and discretion of the auctioneer. All decisions of the auctioneer are final. The auctioneer, sale manager, and/or auction staff have the right to preclude any person from bidding and/or to reject any bid if there is any question as to (i) the credentials of the person attempting to bid, (ii) whether the bid is made in good faith; and/or (iii) whether the bid is otherwise made per all applicable laws, terms, conditions, and restrictions.
6. Specific Conditions and Restrictions: In addition to all other conditions and restrictions outlined in this Agreement, you agree that you will not use Online Bidding Services: (a) for any unlawful or unauthorized purpose; (b) in any unlawful or unauthorized manner; (c) in any manner that could impair the intended functions and operation of the Online Bidding Services; or (d) to gain unauthorized access to any computer, network or system. You agree that you will not transmit any virus, code, file, or program and/or use any technology, device, or software and/or engage in any activity that will or is likely to damage, interfere with, or disrupt (i) an Auction; (ii) the intended functions and operation of the Online Bidding Services or any other party’s use thereof; or (iii) any website or computer network involved in the provision of Online Bidding Services.
7. Bidder Information: You agree, represent and warrant that at the time of your application for access to Online Bidding Services and at the time of each Auction in which you bid using Online Bidding Services: (a) your Bidder Information is and shall be true, accurate and complete; (b) Bellamy has and shall have the right to rely upon your Bidder Information; (c) you have full authority to use and provide such information for purposes of the Online Bidder Services and/or Auction; and (d) you will not impersonate any other person or entity or misrepresent the origin of any Bidder Information. You are responsible for ensuring the accuracy of your Bidder Information and for updating and/or correcting any Bidder Information that is inaccurate, incomplete, or misleading.
8. Disclaimers: As a material part of the consideration for your access to Online Bidding Services, you acknowledge and agree that:
(a) Bellamy cannot and does not guarantee continuous, uninterrupted, or secure access to Online Bidding Services or Bellamy’s website or that Bidder Information, auction registrations, and bids will be transmitted or received in a timely fashion. You agree to hold Bellamy harmless for any interruptions in Online Bidding Services or your inability to access or effectively use Online Bidding Services or Bellamy’s website.
(b) Online Bidding Services are provided on an "AS IS, WHERE IS, AS AVAILABLE" basis and without representation or warranty.
(c) BELLAMY OFFERS NO GUARANTY OR WARRANTY OF ANY KIND REGARDING THE ONLINE BIDDING SERVICES OR ANY PROPERTY OR LOT OFFERED AT ANY AUCTION. WITHOUT LIMITING THE FOREGOING:
(i) ANY WARRANTY OF NON‐INFRINGEMENT AND/OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED; and (ii) BELLAMY MAKES NO GUARANTY OR WARRANTY for, AND BELLAMY SHALL NOT BE LIABLE FOR, ANY STATEMENTS, INFORMATION OR MATERIALS MADE OR PROVIDED BY THE SELLER OR ANY THIRD PARTY REGARDING ANY PROPERTY OR LOT OFFERED AT ANY AUCTION.
(d) IN NO EVENT SHALL BELLAMY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OR ATTEMPTED USE OF ONLINE BIDDING SERVICES.
(e) BELLAMY RESERVES THE RIGHT TO SUSPEND, POSTPONE, OR CANCEL ANY AUCTION AND/OR ACCESS TO ONLINE BIDDING SERVICES FOR ANY AUCTION WITHOUT NOTICE.
9. Indemnification: You agree to indemnify, defend, and hold harmless Bellamy and its employees, agents, affiliates, successors, officers, directors and assigns from and against any loss, liability, claim, action, cost and/or expenses (including attorney fees) resulting from, arising out of or relating to your breach of and/or failure to comply with any term, condition, restriction, representation and/or warranty outlined in this Agreement.
10. Termination: Bellamy reserves the right to terminate your access to Online Bidding Services without notice and for any reason. Without limiting the foregoing, Bellamy may terminate your access to Online Bidding Services if you use the Online Bidding Services or Bellamy’s website in any manner that is unacceptable to Bellamy, or if Bellamy determines that you are in breach of this Agreement, or if Bellamy is unable to verify or authenticate any Bidder Information.
11. Notices and Other Uses of Your Bidder Information. Any notice from Bellamy to you regarding this Agreement and/or any Auction shall be sent via email to the email address provided to Bellamy. If your email address changes, you are responsible for notifying Bellamy of such a change by updating your account profile on Bellamy’s website. Bellamy may use your email address and other Bidder Information to communicate with you regarding your account and/or to send you any notice regarding this Agreement and/or any Auction for which you have registered. Unless you opt out, Bellamy may also use your email address and Bidder Information to send you additional information about Bellamy’s services, including other auctions and listings. You may opt out of receiving this additional information by emailing josh@bidbellamy.com.
12. Governing Law: To the extent that this Agreement is construed, interpreted, and/or enforced in connection with a particular Auction, it shall be construed, interpreted, and/or enforced by the law of the State in which such Auction is conducted. Otherwise, this Agreement shall be governed by and construed, interpreted, and enforced per the laws of the State of Oklahoma.
13. Amendment: This Agreement may be amended by Bellamy at any time by updating the online bidding platform (currently
located at www.callbellamy.com) with an amended version of the online bidding terms that must be accepted as a condition to the use of Online Bidding Services; provided, however, if you are already registered for an Auction at the time of posting such amendment, you will not be bound by any amendment that adversely affects you unless you are notified of such amendment before the Auction. Otherwise, this Agreement may be amended only by a written Agreement signed by both Bellamy and the party requesting the amendment.
14. Miscellaneous Provisions: Any failure to enforce any provision of this Agreement or the timely performance thereof shall not constitute a waiver of the right to enforce such provision or the timely performance thereof in the event of a subsequent, similar breach. Suppose any provision of this Agreement is deemed invalid or unenforceable under applicable law. In that case, such provision shall be enforced to the maximum extent possible, and the other provisions shall remain in full force and effect. The headings are for convenient reference only and shall not affect or be used to interpret or construe the provisions. Except as otherwise provided herein, this Agreement constitutes the entire Agreement between you and Bellamy concerning Online Bidding Services. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bellamy concerning Online Bidding Services. This Agreement shall inure to the benefit of and shall be binding upon the parties' respective successors and assigns.
