Powell Farms Consignment Auction

Campbellsburg, KY

May 19th & 20th 2023 @ 8:00 AM

Online Buyer's Premium: 5%

Commission Rates: 

Commission Rate: 10%

Minimum per item: $20.00

Maximum per item: $500.00

No Sale Fee per item: $20.00

No Online Buy Backs!

Terms: All items sell as-is where-is with no warranties or guarantees by Powell Farms Inc. or it's employees. Pictures & descriptions are for use as a guide only. Buyer is responsible for inspection of equipment to determine quality and value prior to bidding. All sales are final and binding. 

Kentucky sales tax of 6% will apply to all items. Dealers will need to send a copy of the resale certificate to have sales tax removed prior to payment. Farmers will need to execute a KENTUCKY agriculture exemption number to have sales tax removed prior to payment. All out of state buyers must have a KENTUCKY agriculture exemption number to be tax exempt, effective January 1st 2023.

Not all items are exempt examples: Lawn & Garden, Equipment 5' wide and under. Please contact with any specific questions

Please make prior arrangements if equipment will not be picked up by May 27th, 2023

Items not picked up after 30 days after the auction, will incur a daily storage fee.
Items not picked up 60 days after the auction will be considered abandoned and will be disposed of. 

Contact: 

• Office (502) 465-0041 or powell.auctions@gmail.com

• David Powell (502) 558-9491    

• Larry Ryan (502) 648-5177 

• William Potts (502) 220-0431

1/4 Mile North of I 71 Exit 34 @ Corner of US 421 and Carmon Road Campbellsburg, KY

Terms & Conditions: 

Online Buyer's Premium 5% With No Cap

Kentucky Sales Tax is 6%

*Some items subject to prior sale* 

Commission Rates: 10%

Minimum per item: $20.00

Maximum per item: $500.00

No Sale Fee Per Item: $20.00

No Online Buy Backs!

All items sell as-is where-is with no warranties or guarantees by Powell Farms Inc., or it's employees. Pictures & descriptions are for use as a guide only. Buyer is responsible for inspection of equipment to determine quality and value prior to bidding. All sales are final and binding. 

Please make prior arrangements if equipment will not be picked up by the following Saturday

Items not picked up after 30 days after the auction, will incur a daily storage fee.
Items not picked up 60 days after the auction will be considered abandoned and will be disposed of! 

Payment: Cash, Check(if previously known to auction company), Cashiers Check, Wire Transfer. Owners, clerks, auctioneers, or their helpers are not responsible for accident or theft. Statements made on auction day by auctioneers and owners take precedence over any and all printed matter.  The information given is believed to be true and correct to the best of the owner’s knowledge. There are no guarantees expressed or implied. All sales will be final when awarded to the high bidder. 

Kentucky sales tax of 6% will apply to all items. Dealers will need to send a copy of the resale certificate to have sales tax removed prior to payment. Farmers will need to execute a KENTUCKY agriculture exemption number to have sales tax removed prior to payment. All out of state buyers must have a KENTUCKY agriculture exemption number to be tax exempt, effective January 1st 2023. Please contact us with any specific questions. Example items that do not qualify for farm exemption include

• Lawn/Garden
• Bumper Hitch Trailers
• Equipment 5ft Wide and Under

Payment Instructions: Payment due by Tuesday after sale, Contact us for Wire Instructions

*MUST HAVE PAID RECIEPT BEFORE LOADING OUT EQUIPMENT*

Contact Info

• OFFICE - (502) 558-9491
• EMAIL – powell.auctions@gmail.com

ADDRESS

*DO NOT FOLLOW GPS FOR DIRECTIONS! *

We are located ¼ mile North of I-71 Exit 34, at the corner of Carmon Rd. and 421

Using Level Online Auction Services:

By using our services, it is assumed that you have read the guidelines provided here and are expected to follow them.

Auction Overview and General Disclaimer:

All new bidder registrations will need to register a credit card as a form of identification. Your card will be charged $25 to verify and immediately refunded.

Uselevel.com is a service for buyers to bid through an online auction format. Level Partners LLC  (hereandafter “Level”) may take action against a registered user for their conduct and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate.

The Internet being the fragile environment that it is; Level cannot be held responsible for server down time, or the inability to access our site through a user’s ISP. Notifications sent by Level via E-mail may possibly take longer than expected and cannot be counted on to inform you of an item's status. In the event of any problems, we reserve the right to cancel, restart, or extend an item or a complete auction as the circumstances may dictate.

Fees:

A 5% Buyer’s Premium per item sold online will be applied to all purchases. 

• Purchase Price: $5,000.00                                                                       
• 5% BP: + $250.00                                                                         
• Purchase Price PLUS Premium: $5,250.00

Sales Tax: 

Sales tax will be applicable per the laws of the state an item is sold in. More information is included in the description of each item in this auction.

Equipment Inspection: 

The auction location is listed on each auction item. Please contact the particular company selling the asset to arrange for a time to inspect items.

Auction General:

The auction and related services provided by Level Partners LLC ("Level") through the Website ("Service" or "Services") and the use of the Website and provision of the Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. If you do not understand the Terms and Conditions, please email help@uselevel.com and we will do our best to answer your questions or concerns.

Auction Registration:

All potential bidders must register online at www.uselevel.com or at the auction site before you can participate. Live auction events require a valid driver's license or a photo identification. Level may, in its sole discretion, deny registration to any person or entity. You must be at least 18 years old to bid on any item. After accepting registration, refusal to permit a person's (or entity's) continuing use of the Services and the Website for any reason is at Level’s sole discretion.

Changes to Services, Website and Terms and Conditions:

User acknowledges and agrees that Level may change, modify, amend, suspend, or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or to any third party. Level reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party. User acknowledges and agrees that Level may amend the Terms and Conditions (including fees and transaction rules) at any time without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and (4) that any bid that is made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.

Bidders shall examine or inspect items prior to the end of the auction. Inspection days are in place for every auction, contact us for special requests.

ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.

Level makes every attempt to collect and disclose as much information for each item as possible. All information deemed reliable but not guaranteed.

Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Level makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.

Level relies on information about assets in the auction provided by the seller. Level undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against, Level, and/or seller, relating to asset photographs or descriptions.

Level provides the Services and the Website so that Sellers may offer assets for sale and Buyers may place offers to purchase these assets. Level is not an agent of Buyer or Seller. Level does not have the power to transfer title to any assets offered by Sellers. Additionally, Level makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale if Level provides the Services and the Website so that Sellers may offer assets for accordance with the Agreement. Buyers and Sellers are solely responsible for independently verifying the background and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.

Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item.

In the event of any dispute regarding any transaction conducted through use of the Services or the Website (a "Dispute"), User hereby releases Level, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

User Conduct:

User is solely responsible for all conduct and transmissions that take place under its User name and password. Without limiting the foregoing, User represents, warrants, and covenants that its use of the Services and the Website shall not:

(a) violate any applicable local, state, national or international law, statute, ordinance, rule, or regulation. Without limiting the foregoing, User represents, warrants, and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law. Certain items offered for sale at an auction may constitute 'Restricted Technology.' Under federal law, such items may not be shipped outside of the United States. Level makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology;

(b) interfere with or disrupt computer networks connected to the Service or the Website;

(c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;

(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;

(e) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;

(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;

(g) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

(h) upload, post, transmit, publish, or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;

(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or

(j) reproduce, copy, modify, sell, distribute, or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).

Buyer Conduct:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants, and covenants...

(a) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions,

(b) that it has the capacity to close the transaction,

(c) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and

(d) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. Level may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, Level may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser's sole remedy shall be the refund of any purchase price actually paid. Level will announce any additions to or deletions from the catalog on the day of the auction. Level and the seller assume no responsibility for and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidder’s obligation to verify such descriptions prior to the auction. Neither Level nor seller shall be liable for any damages of any type or nature (whether in contract, tort, or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall Level liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to Level as a deposit or as payment for a purchased item.