Auction Terms & Conditions
Registration and Identification - All persons are required to have a Bidder Number to bid. A valid Drivers License or State Issued ID is required in order to register to bid at this auction and we reserve the right to photograph all Registrants upon registration and any/all persons on the premises before, during or after the auction. All persons are required to complete and sign a registration form agreeing to the terms and conditions of this sale prior to receiving a Bidder Number. Auction Company reserves the right to refuse registration to anyone, at Auction Company's sole discretion which may be based on current or past activities of any attendee(s) at any sale conducted at any location or venue.
Refundable Deposit - A Minimum $100 CASH DEPOSIT is REQUIRED at registration and additional deposit(s) may be required, as deemed by Auctioneer or Auction Staff. Such deposit(s) will be applied to any purchases made with any unused portion refundable, except as otherwise defined in the Terms and Conditions. The deposit will be refunded in the event that no purchase is made and must be claimed in person upon surrender of bidder card and no later than the end of auction or deposit will be forfeited.
Payment - All bills must be paid in full before leaving the premises on the day of the sale. The full purchase price on all lots sold to the same buyer must be paid within the time fixed and before removal of any of the items. Upon request of auction personnel, purchaser will submit a deposit or full payment toward purchases before and/or during the auction. Parties unknown to the seller and/or auctioneer may be required to submit additional deposit(s) toward purchases during the auction. If the sale of any item(s) is complete but the buyer refuses to deposit the part or full payment, the auctioneer may resell the goods at the auction and the previous buyer remains responsible for any difference in price, but is not entitled to any compensation for a higher sell price.
Method of Payment - CASH, Visa, MasterCard, Discover or EFT upon authorization by Auctioneer or authorized representative of Auction Company. Credit Card purchases limited to $5000 maximum. Electronic Fund Transfers (EFT) may be accepted for large purchase amounts upon approval and a non-refundable cash deposit equal to 5% of the total invoice amount is required and an additional Twenty Dollar ($20.00) EFT Processing Charge will be applied to purchase total. EFT Processing Charge will be waived for invoice amounts of $10,000.00 or more. EFT payments must be posted to Auctioneers Escrow Bank Account no later than Noon on the first (1st) business day following the auction. No property will be removed prior to clearance of funds.
Buyers Premium - A 15% Buyers Premium will be added to the winning high-bid to become the total price for each item and/or lot. A 2% Buyer's Premium Discount will be applied to invoices paid in full with Cash or EFT.
Collection of Sales Tax - Sales Tax will be collected on all taxable sales, unless you have a current Tax Resale Certificate or Tax Exemption Certificate on file with the Cashier at the time of registration and purchases are subject to confirmation that the items purchased are for resale or will be used in an exempt manner. Auction company is not required to accept Tax Resale or Exemption Certificates at its discretion and incomplete forms will not be accepted for any reason and purchaser will pay sales tax, as required by Texas State law.
Title of Property - Upon the auctioneer's call of "sold" or as otherwise acknowledged by the auctioneer, title will pass to the highest bidder and the bidder assumes full risk and responsibility for such property and agrees to pay the full purchase price, which includes any buyer's premium and taxes as applicable.
Vehicles or other Titled Property - Proof of Transfer or Auto Dealer License must be presented prior to removal of vehicle. Purchaser agrees to report to the appropriate government offices no later than Noon on the first (1st) business day following the auction to complete transfer of ownership and pay all fees and taxes as required. Vehicles not transferred and/or claimed, as required, will be considered abandoned and no refunds will be made for any reason and all monies paid will be forfeited.
Condition of Items Sold - Prospective bidders are strongly encouraged to closely inspect the property being sold prior to bidding to determine its condition, size and whether or not it has been restored or repaired, and to determine through the inspection, to be of acceptable quality and value, separate and distinct from any representation made. As all items are available for prior inspection, the auctioneer shall not be responsible for correct description, authenticity, genuineness of, or defect in any lots, and makes no warranty in connection therewith and as no warranty is given with any lot, therefore no sale is invalid or voidable by reason of any fault in any lot or by reason of any lot being incorrectly described (including advertisements or otherwise), and no compensation may be paid for any such fault or error in description or any imperfection not noted. No deduction will be allowed on damaged articles or other deficiency as all goods being exposed for public exhibition are sold "as is, where-is" and without any warrantee or guarantee expressed or implied and All Sales Are Final without recourse.
Disputes - Upon the auctioneer's call of "sold" or as otherwise acknowledged by the auctioneer, the highest bidder as recognized by the auctioneer, will be the purchaser. If any dispute arises, the decision of the auctioneer shall be final and absolute, without recourse.
Records - The record of sale kept by the auctioneer, as recorded by the clerk, will be taken as final in the event of any dispute, without recourse.
Sale is With Reserve - In accordance with Texas State Law, 1.) the auctioneer reserves the right to reject any and all bids 2.) the auctioneer reserves the right to set the bid increments 3.) the auctioneer may withdraw the goods at any time until he/she announces completion of the sale. In addition, the auctioneer or assigned auction staff on behalf of the auctioneer shall have the right to bid on behalf of the Seller for the purpose of protecting minimum reserved prices and/or on behalf of absentee bids accepted on any item. The auctioneer may open the bidding on any lot below the minimum reserved price by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the minimum reserved price, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without minimums or reserves, unless there are already competing bids, the auctioneer, in his or her discretion, may open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards in his or her discretion until a bid is recognized, and then continue up from that amount.
Right to bid - The auctioneer, auction staff and employees of the Seller reserve the personal right to bid on items for their own purchase.
Addition To or Withdrawal From Sale - The Auctioneer reserves the right to withdraw from sale any of the items listed prior to offering or before the fall of the hammer, or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide lots into two or more selling lots. Whenever the best interest of the Seller will be served, the auctioneer reserves the right to sell all or any portion of the items, in bulk.
Security - Please watch your own items in which you are the winning bidder, as you are solely responsible for the security of your own purchases. Neither the Seller nor Auction Company assume any responsibility for any loss, damage or theft occurring after the hammer falls and the winning bidder is responsible for paying for all goods, regardless of any such loss, damage or theft.
Removal - No large items may be removed during the auction. Time will be provided at the end of the auction for removal of items and all items are subject to proof of purchase during removal by Buyer's presentation of paid receipt. Doors will be open on Sunday, March 15, 2020 between 1:00 PM and 4:00 PM and Monday, March 16, 2020 between 10:00 AM and 4:00 PM for property removal and all property must be removed no later than 4:00pm, Monday, March 16, 2020. Removal shall be at the expense, liability, and risk to the purchaser. Buyers are responsible for all loading & removal of goods. Buyers are responsible for providing their own manpower, tools for any disassembly required and any necessary equipment required for removal, including dollies, pallet jacks, etc. Auctioneer or Seller shall not be responsible for goods not removed with-in the time specified. At the Seller's discretion, Lots not removed in the time specified, may be deemed "abandoned" and may be resold at public auction or private sale without further notice and deficiency, together with all expenses and charges of the resale charged to the defaulting purchaser(s) OR items not removed with-in specified time may be removed and discarded at the expense of the purchaser(s) including all labor, fees for disposal, hauling and other associated expenses of removal. Auctioneer or Seller shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot.
Non-delivery responsibility - Auctioneer shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for return to the purchaser of the sum or difference paid on said lot, should purchaser be entitled to such refund solely due a mistake in billing by auction company representative.
Personal and property risk - Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person(s) and property and specifically release and hold harmless the Auction Company, Auctioneer, Auction Staff and Seller from liability or other recourse, therefore neither the Auctioneer, Auction Company, nor the Seller shall be liable by reason of any defect in or condition of the premises on which the sale is held.
Children at Auction Sale - Parent(s) and/or Guardian(s) are fully responsible for all acts of children in attendance and MUST CLOSELY SUPERVISE ALL CHILDREN regardless of age and at all times upon the premises, before, during or after the auction. Disruptive children will be removed immediately from the auction premises, without recourse.
Agency - The auctioneer is acting as the Seller's agent only and is not responsible for acts of its principal(s). The auctioneer is not an agent of any buyer by any reasoning, regardless of any fees charged or acceptance of any absentee bids to be placed on buyer's behalf.
Compliance with terms of sale - A bid is a Legal & Binding Contract and a promise to pay for goods purchased. If the buyer defaults in any of the terms or conditions, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or any additional sums collected, as liquidated damages. If two or more persons bid under the assigned bidder number, then all are deemed to agree to these terms, even if only one person signs the registration agreement and the person signing assumes full responsibility for actions of others bidding under the assigned bidder number.
Additional Terms and Conditions - Any additional or amended terms or conditions of sale announced prior to the auction or during the auction supersedes any terms outlined in this agreement and all attendees agree to be bound by them prior to bidding on any item.
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.