Auction Terms & Conditions
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING.
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, YOU ACKNOWLEDGE THAT YOU AGREE TO ALL TERMS AND CONDITIONS SET FORTH AND HAVE ENTERED INTO A LEGALLY BINDING CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
General Terms of the Auction: Information is subject to change. All lots are sold in "As Is-Where Is" condition, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. All sales are final. No credit card charge backs will be allowed. Purchases may be removed only upon receipt of payment in full. Buyers assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone. The auction company is not responsible for accidents, thefts, errors or omissions.
1. Registration: All bidders are required to register and must provide their name, address, daytime phone number, email address and credit card. The card information is kept confidential and will be charged at the end of the auction, when you are a winning bidder. Registration may only be completed with an acknowledgment that the bidder has read and understood all terms and conditions for the auction and online bidding.
T&S Auction Service LLP reserves the right to remove any bidder if there is any question as to their credentials or ability to enter into a legally binding contract. Bidders agree to keep their user name and password confidential as they are responsible for any and all activity involving their account. Violations will result in termination of bidder's ability to participate in future auctions conducted by T&S Auction Service LLP.
2. Buyer's Premium & Sales Tax: A fifteen percent (15%) buyer's premium will be added to your purchase price; please factor this into your bidding. Sales tax will be collected on the total, if applicable.
3. Catalog: T&S Auction Service LLP makes every effort to provide accurate photos & descriptions of all auction items listed; however, all items are sold as-is. Bidders are encouraged to attend the scheduled preview, if scheduled, as it is each bidder's responsibility to make their own determinations as to the exact condition of each item. Although we provide images of each item, descriptions of auction items, as provided by T&S Auction Service LLP, are only our opinion and should not be the sole basis for your bidding decisions. We do not use "stock" photographs or use one photo to represent multiple lots. T&S Auction Service LLP Reserves the right to change/alter descriptions as needed to better describe and preserve accuracy.
4. Bidding: By bidding on any item, the bidder shows acceptance of the terms of the auction. When bidding on items, it is your responsibility to know and abide by any and all local, state and federal laws.
All assets are being sold in "As-Is, Where-Is" condition and with all faults, imperfections and errors of description. Neither the Seller nor Auctioneer makes any warranty, express or implied, as to the nature, quality, value or condition of any asset. Auctioneer and Seller expressly disclaim any warranty of merchantability or fitness for a particular use. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors. All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges it is their responsibility to inspect all assets and to make their own inquires.
You are encouraged to use the Max Bid feature and not bid "at the last second".
The bidding will begin to close at the designated date and time. For your convenience, the closing of items will be on a staggered basis of 1 item every XX seconds (varies per auction). We suggest using the "Live Catalogue" view. Using this view will eliminate the need to refresh your screen and will always show the next 15 items closing in the auction.
All of our auctions feature a soft close. If a bid on any item is received within three (3) minutes of close, that item will automatically extend for three (3) minutes. Each time there is bidding activity within the last three (3) minutes of the item close, bidding will continue to extend three (3) minutes until there is no bidding activity within the last three (3) minutes of the current close time.
Online bidding is to be understood as a binding contract. Bids are taken with the understanding that the bidder will honor their winning bid with sufficient funds including all applicable taxes and fees. Do not bid if you do not intend to pick up or arrange for your items to be shipped.
5. Technical Issues: Please note that all online auction systems are subject to various internet speeds. Again, you are encouraged to use the Max Bid feature and not wait to bid "at the last second". Enter your bids promptly, to allow the online system to process all bids in a timely fashion. In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, T&S Auction Service LLP reserves the right to extend, continue or close the bidding. Neither T&S Auction Service LLP, nor the software provider, shall be held responsible for the failure of the software to function properly for any reason.
6. Payments: If you are a successful bidder, you will receive an email detailing the date(s) and location where you may pick up your items. All credit card transactions must clear before items can be removed. You will be emailed an invoice when your transaction has cleared. If, after the pick-up date(s), we have not been contacted by the buyer regarding pick up or to make shipping arrangements, the credit card used at registration will be charged for your purchases, plus buyer's premiums and any applicable taxes.
Any invoice not fully and properly paid for in the allotted time will be charged to the credit card account presented at registration and the items forfeited. Delinquencies will be noted and will prevent the individual from participating in any further live or online auctions conducted by T&S Auction Service LLP. T&S Auction Service LLP retains the right to prevent anyone, who does not abide by the terms and conditions of the auction or whose actions are not in the best interest of our client, the Seller, from participating in this and future auctions.
7. Pickups: Each auction will have a designated removal date. Local buyers must pick up their items at the designated pickup location & time. You MUST bring your own boxes, packing material and enough help to load items. It is the buyer's responsibility to review their purchases and their condition before removing items from the premises. Any assets not removed from the premises by the close of the designated pickup time will be considered abandoned and become the property of T&S Auction Service LLP. NO REFUNDS will be issued for items not picked up. All credit card transactions must clear before items can be removed. You will be emailed an invoice when your transaction has cleared. Invoices are required for item removal.
8. Shipping: If the buyer is not local, T&S Auction Service LLP can take smaller items to the local UPS store, where you can arrange to have your items shipped to you. Items will be taken to The UPS Store 4510 Charlestown Rd. New Albany, IN 47150 (812) 944-4100. Packing and shipping costs are the responsibility of the buyer and will be quoted by the UPS Store before shipping. Packing and shipping is a separate transaction between the buyer and the UPS Store. T&S Auction Service LLP's only involvement in the packing & shipping process is to drop off the items to be shipped. It is the buyer's decision to insure purchased items. For larger items, it is the sole responsibility of the buyer to arrange pick up and shipping. If you wish to ship your items, rather than pick them up, you must contact us within 24 hours of receipt of your invoice. All credit card transactions must clear before items can be shipped. Third party shippers must present your invoice before items will be released. Once items are released by the winning bidder to a third party, such as a shipping or moving company, T&S Auction Service LLP is released of any and all liability.
9. Missing Items: We will check the contents of each package against the invoice. If we have missed an item in your shipment our documentation will note that. Please notify us within two (2) business days of receiving the package if you think something is not included. If our documentation shows it was not packed, we will forward it immediately at our cost. We are not responsible for boxes opened by anyone other than the owner. Please check the entire box and packaging for contents. DO NOT discard the original shipping box and packaging if you think something is missing or damaged, as the shipping company will ask for these during the claims process.
10. Unpaid Balances: The purchaser agrees to pay all reasonable attorney fees and costs incurred by the auction company in the collection of funds. The purchaser also agrees that a fee of three percent (3%) per month be added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchaser's failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Washington County, Indiana.
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.