Auction Terms & Conditions
TERMS & CONDITIONS FOR BIDDERS
1. TERMS: These items and conditions are absolute and cannot be altered or changed in any way. If you cannot follow these terms 100%, you are welcome to stay as a spectator, but kindly do not bid. If you do not understand any of these conditions, please ask the auctioneer BEFORE bidding. Once you have been evidenced to be the winning bidder you have effected a legally binding contract which cannot be altered or voided. Be certain you want the item at the bid amount before bidding. No transfer recognized from bidder to bidder.
2. NO GUARANTEE: Everything is sold “AS IS, WHERE IS” without guarantees of any kind, including counts. Use the inspection period to inspect all items in which you have an interest. We encourage you NOT to bid unless you have inspected those items and/or lots and counts. Any guarantee must be in writing, without exception.
3. WARRANTY: Other than delivery of title and/or bill of sale, neither auctioneers nor owners make any representation of warranty as to the quality of title to the property being sold. Neither auctioneers nor owners make any presentation of warranty, EXPRESSED OR IMPLIED, on the property as to its merchantability or its fitness for general or particular purpose. All property is sold “AS IS” and without recourse.
4. PAYMENT: All items must be paid for before you leave the auction premises TODAY, regardless of when you will be picking them up. No items may be removed before full payment. Any item(s) left unpaid for will be subject to a storage fee of $5.00 per item / per day plus any transportation, moving and additional commercial storage costs, plus collection and attorney fees until paid for. A 3% Transaction Fee wil be charged to all Credit Card Transactions.
5. PAYMENT TERMS: Payment must be made by cash or pre-approved check. If you are unknown to the auction company you may be required to pay cash or certified check only. You may also be required to have a bank letter or bond. Consult with the cashier (before bidding) to be certain of payment arrangements. Auctioneer’s decisions are final. No transfer of items will be recognized between buyers. All Credit Card Transactions will be subject to a 3% credit card transacation fee.
6. INCREMENTS & LOTS: Auctioneers reserve the right to set bidding increments and lot and re-lot item prior to the fall of the gavel regardless of type of auction being conducted. Fractional increment advances may not be recognized as bids. Any listed or announced order of sale may be changed WITHOUT NOTICE by the auctioneer. Auctioneer may bid on behalf of absentee bidders.
7. DELETIONS & ADDITIONS: Any deletions and/or additions to the auction will be announced. The owners reserve the right to add and withdraw lots prior to bidding, without notice.
8. DESCRIPTIONS: While descriptions and counts are believed to be accurate, the auctioneer and seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity of or defect in any item(s) being auctioned and will not be held responsible for any advertising discrepancies or inaccuracies, or changes since the adverting placement date. Buyers need to rely solely upon their own inspection and information.
9. HOLD HARMLESS: The buyers hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from any injuries to persons or property of any type whatsoever caused during the sale or during the removal of the items purchased. Buyers remove purchases at their own risk. Buyer’s should arrange for professional de-installation of wired, plumbed or built-in items. Many pieces of equipment have potential hazards and should be de-installed and moved by professionals with proper equipment.
10. RESPONSIBILITY & TITLE: Buyers are responsible for their items after purchase. This means that tile passed to you on the fall of the gavel, even though you may have not yet paid for the items. You are responsible for guarding you items accordingly. The bidder assumes full risk and responsibility and agrees to pay the full purchase price. The auctioneer is agent for and under contract with the owners of the property or goods being sold. Certain items (consignments) may have been added from other sellers.
11. ADJUSTMENTS: Absolutely no adjustments, claims or refunds will be allowed after the auctioneer’s report or final settlement is made with the owner. ANY CLAIMS MUST BE MADE WHILE STILL ON THE AUCTION PREMISES. Any claim must be made in writing within 24 hours of bidder settlement and while good are still on auction premises. In no event will auctioneers liability to buyer ever exceed the purchase price actually paid.
12. REMOVAL: Arrangements for the removal (or shipment) of purchased items is the sole responsibility of the buyer pursuant to and as part of the contract of sale. Auctioneer reserves the right to inspect and check out purchases to ensure removal of proper items and lots. Auctioneers reserve the right to restrict admittance after the auction and control removal doors to maintain proper removal security. Bidders caught willfully removing wrong items, or switching tags, will be subject to arrest for theft. There are specific removal items for this auction under which all items must be removed. No claim can be made for failure of bidder to remove items after the removal period has ended. The removal item is an important condition of this auction. Auctioneers do not guarantee use of loading docks, operation of elevators or moving equipment to facilitate easier buyer removal. Buyers should bring their own moving equipment and labor. Any item not removed from the sale within the specified time may be removed and stored by the auctioneer at purchaser’s expense, and auctioneer will not be responsible for loss or damage to those items.
13. TAX: Applicable sales tax must be added to the purchase price of all taxable auction purchases. Dealers who purchase for resale must file their resale certificate with the auction cashier. No refunds of sales tax can be made after settlement.
14. BUYER’S PREMIUM: The final total due for the buyer’s purchases will include a 15% Buyer’s Premium. If you bid $100 for an item, the Buyer’s Premium will be $ 15 making the total $115.00 plus any applicable tax, credit card fee and internet bidding fee.
15. ANNOUNCEMENTS: Any announcement on the day of the auction shall take precedence over any previously distributed information or advertising. Listen to opening announcements as they are important. Auctioneer may announce additional information or terms during the course of the auction especially as it relates to certain specific items and removal times.
16. ITEMS ARE SOLD SUBJECT TO CONFIRMATION/APPROVAL: (BANK, COURT, ATTORNEY, ESTATE APPROVAL, OR INDIVIDUAL SELLER APPROVAL.) OUR AUCTIONS ARE NOT ABSOLUTE!
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.