Please ensure your phone number and email address are up to date and correct in your profile settings. There will be a 10% Buyers Premium added to each final bid to determine the final sales price. All items must be paid for in full at the end of the auction or on pick up day. We will contact all winning bidders by phone or email on 10/8/2025 to confirm payment. If we are unable to contact you to confirm your form of payment, we will automatically process your credit card on file for payment. You will receive an email with a copy of your "Paid" invoice. Forms of accepted payment are cash, check, or major credit card. There will be a 3% convenience fee for credit card payments. A 6% sales tax will be added to the items accordingly, or please provide us with a resale tax exempt number and form if you are buying for resale. ALL ITEMS ARE SOLD AS-IS.

All property is sold in “AS IS” and “WHERE IS” condition. ALL SALES ARE FINAL!

Bidder understands and agrees that no refunds, exchanges, adjustments, chargebacks, etc, will be allowed. Property is available for inspection at specified times and it is the bidder's responsibility to determine the condition. Bidder's failure to inspect any item or lot will not constitute grounds for any claim, refund, adjustment, chargeback, etc.

All description information has been gathered from sources which we believe to be reliable but is not guaranteed. H. Barry Smith Realtors & Auctioneers makes no warranty or guarantee of any kind with respect to condition, authenticity, provenance, source, condition, suitability for a particular purpose, etc. H. Barry Smith Realtors & Auctioneers reserves the right to change, modify, delete any item or lot or description in the auction as may be necessary.

Pickup/Payment Info: 10/9/2025. Accepted methods of payment are cash, cashier's check or personal/business check, credit/debit card (with a 3% processing fee). All purchases that have not been paid by 10/9/2025 will automatically be charged to the credit card used at registration, with a 3% processing fee. All purchased items must be removed by the deadline of 10/9/2025. Any items not removed by the deadline will, at the Auctioneer's discretion, be discarded or resold with proceeds retained by Auctioneer. There will be NO REFUND to the purchaser for these forfeited items.

Item Transportation:

H. Barry Smith Realtors & Auctioneers must be notified in advance via phone or email of any items that cannot be picked up on an auction pickup day, if we are NOT notified then your items will be forfeited. Items will be transported at the auctioneers discretion. Any items transported back to the H. Barry Smith Realtors & Auctioneers office/facility are subject to a $25 PER LOT fee. Transported items must be paid for according to the terms of the auction and will be transported at H. Barry Smith Realtors & Auctioneers earliest convenience. Buyers MAY NOT waive payment until their items are transported.

Forfeiture of Items: Any item/lot that has not been picked up from H. Barry Smith Realtors & Auctioneers office within 30 days will, at Auctioneer's discretion, be discarded or resold with proceeds retained by the Auctioneer.

H. Barry Smith Realtors & Auctioneer auctions are timed events and all bidding will close at the specified time. H. Barry Smith Realtors & Auctioneer auctions also have an auto-extend feature. If a bid is placed in the final 2 minutes of an auction, the close of the auction will be automatically extended 2 minutes from the time the bid was placed. For example: if an auction scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend 6:02. The auto-extend feature remains active until no further bids are received within a 2-minute time frame. Please monitor the countdown timer to see when the lot will close.

SERVER & SOFTWARE TECHNICAL ISSUES: In the event, there are technical difficulties related to the server, software or any other online auction-related technologies, H. Barry Smith Co. reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor H. Barry Smith Realtors and Auctioneers, LLC SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by H. Barry Smith Realtors and Auctioneers, LLC.

Any dispute between H. Barry Smith Realtors and Auctioneers, LLC, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Shelby County, Kentucky. By bidding on the property, buyer agrees to all terms and conditions set forth.

Agency: H. Barry Smith Co. Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify H. Barry Smith Realtors and Auctioneers, LLC and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.

H. Barry Smith Realtors and Auctioneers, LLC., reserves the right to alter this agreement at any time. This will take place by updating this site. Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time.

Auction company employees and/or auction company may bid on and purchase auction items.

BIDDER DEFAULT: Failure to complete a purchase is illegal and will result in one or more of the following (1) prosecution (2) loss of bidding privileges for H. Barry Smith Realtors and Auctioneers, LLC. and all other Marknet auctions.

If a bidder at any time feels his/her username, password or bidder number has been compromised due to lack of security by the bidder, notify Auctioneer immediately.

For additional information, contact H. Barry Smith Realtors and Auctioneers, LLC. Auctioneers - Realtors at 1-888-631-2746.

TIME IS OF THE ESSENCE in regard to all auction terms.

Evergreen Cemetery Burial Site Auction Catalog - CLICK HERE