Auction Terms & Conditions
DYNAMIC AUCTION GROUP, LLC TERMS AND CONDITIONS
Please read and familiarize with the terms and conditions set forth in this document. By bidding, you agree that you have read and understood these terms and agree to intend to be bound by the contents found herein. The Auctioneer reserves the right to change this document between auctions without notice to any registered individuals.
1. Definitions: The term "Auctioneer" or "Company" means Dynamic Auction Group, LLC. or any company that is a subsidiary of, agent, employee, an affiliate of, or related to Dynamic Auction Group, LLC. The term "Bidder" or "Buyer" means any individual, corporation or other entity that participates in the auction process as a successful or potential bidder or any agent thereof. The term "asset" means all items, materials, equipment, or tangible property eligible for bidding through Dynamic Auction Group, LLC. The term "site" means the online auction site of Dynamic Auction Group, LLC. The term "purchase price" shall mean the sum of the bid price, Buyer's Premium, Buyer's Fee, expenses, and applicable taxes in relation to the asset. The term "delivery" is the transfer of title from Seller to Buyer. At no time shall delivery mean the physical position of an asset.
2. Agreement: This Agreement shall serve as a legally enforceable document between Dynamic Auction Group, LLC and you (acting as the bidder or buyer). BY ACCESSING THIS SITE YOU AGREE THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE THAT YOU ARE LEGALLY BOUND BY ALL TERMS, CONDITIONS, MODIFICATIONS, AND NOCTICES FOUND HEREIN AS WELL AS ANY APPLICABLE LAWS, STATUES AND REGULATIONS, including but not limited to copyright, trademark and contract law. Bidder agrees to enter into a sale contract immediately upon bidding and therefore, bids may not be retracted.
3. Verification of Age and Misrepresentation: By agreeing to the terms of this Agreement, Bidder verifies that they are at least eighteen (18) years of age, are of mental capacity to enter into a contract and that Bidder has provided all contact information to the best of Bidder's knowledge. Bidder agrees to notify Auctioneer of any update to their contact information immediately, so long as they are actively bidding on this site. Bidder shall provide a valid ID reflecting the above information upon registration. Auctioneers reserve the right to ban any individuals that are believed to have misrepresented themselves or any item in any way, failed to abide by these terms and conditions, or engaged in improper auction behavior, as determined by Auctioneer. Any Seller or Buyer who has misrepresented this information in any manner will be banned from further use of this site and may be subject to further legal action.
4. Modification: All purchases shall be governed by the terms found herein. Auctioneer reserves the right to modify these terms at any time, so long as they notify Bidder in writing within twenty-four (24) hours of bidding. Written notice may be provided via direct contact, or posted on Auctioneer's website. Any said modification shall take precedence over any and all written material, marketing, or previous announcements or advertisements so long as Bidder continues to pursue any bid after notice has been received or posted. Bidder shall be responsible for reviewing the Terms and Conditions between bids and agrees to be legally bound to any terms found herein prior to each bid.
5. Enforceability: Bidder agrees that legal action may be taken should it be found that Bidder has violated any of the terms and conditions found herein or the laws, statutes or regulations governing the processes of this site.
6. Authorization to Process Credit Card on File: Bidder shall provide a valid credit card upon registration for each auction. This credit card WILL BE USED FOR PAYMENT should a Bidder place the closing bid and no payment is made prior to the stated removal date. Bidder agrees to allow Auctioneer to process payment without further notice to Buyer, unless Bidder notifies Auctioneer of an issue with their invoice within twenty four (24) hours of receiving said invoice. Bidder may contact Auctioneer with updates to their payment information at any time.
All registrants, Bidders and Buyers acknowledge that Auctioneer shall not be held liable for any security issues that occur in regard to stored credit card information at anytime. Auctioneer agrees to make a sincere effort to keep any such incident from happening and agrees to notify all registered individuals should such an incident occur.
7. Deposit: Bidder agrees to provide a valid credit card upon registration. Bidder expressly authorizes Auctioneer to charge any provided credit card with a one ($1.00) dollar refundable deposit prior to approving any bid. Auctioneer may release this deposit as they see fit.
8. Registration and Bidder Numbers: All Bidder's are required to register in order to receive a Bidder number. In order to register, Bidder must fill out all necessary registration information including, but not limited to, name, address, phone number, driver's license information, e-mail address, and credit card information. All bids shall be made with the Bidder number received and no bids shall be attempted prior to receiving said number from Auctioneer.
Upon receiving a Bidder number, Bidder takes full responsibility for any action and all bids that occur by that number. All sales are final, unless stated otherwise herein. The Auctioneers reserve the right to refuse any applicant for any reason. Auctioneers may also suspend a given Bidder number at any time. Bidder numbers are nontransferable for any reason.
9. All items sold with reserve: All items that are sold through this site are sold with reserve, regardless of whether "with reserve" is stated on the item. Auctioneers reserve the right to accept or reject the high bid at all times.
10. Bidding: Once a bid is made, a Bidder is unable to retract their bid for any reason. A successful bid during auction will result in a legally binding contract of sale, as set forth above. Auctioneers reserve the right to refuse any and all bids that are sold through them, whether at an absolute auction or otherwise. Acceptable bidding increments will be determined by the Auctioneer at all time. Auctioneer reserves the right to bid on behalf of Seller, should they see fit.
11. Jump Bidding: A jump bid is made when the Bidder increases a bit beyond the next accepted bid. For example, if the next accepted bid is listed at $200, and bidder puts in a bid at $275. A bidder may use this type of bid to deter other bidders, however, he/she does so at her own discretion. When a jump bid is made, Auctioneer will not lower the price to the accepted bid should no other competing bids arise.
12. Absentee Bids: Absentee bids are permitted at the discretion of Auctioneer. All absentee bids are subject to all conditions found herein at all times. No affiliates of Auctioneer shall be liable for any failure to execute bids on behalf of the Absentee Bidder for any reason at any time.
13. Payment: Payment shall be made by valid CREDIT CARD ONLY unless other payment arrangements are approved by Auctioneer prior to bidding. Auctioneer shall provide a written invoice within twenty-four (24) hours of accepting a bid to a successful bidder. Unless other payment arrangements have been established, Bidder expressly authorizes Auctioneer to charge the credit card provided at registration with the full amount of any statement twenty four (24) hours after the invoice was provided, as described in paragraph 6 above. All payments must be made in US funds only.
Purchase price shall include the bid amount, the Buyer's Premium set forth herein, taxes and any other fees listed for the auction. In addition, a three (3%) percent charge will be added to all credit card payments. All bids are final and, therefore, should payment fail to be authorized by any financial institution for any reason, Bidder shall remain liable for the statement balances and additional fees may be applied if applicable until balance is paid in full. Auctioneer shall not be required to release possession of any asset until it has been paid for in full, including purchase price, taxes and any additional fees. Auctioneer reserves the right to convert any payments to cash before allowing the removal of any lots or items.
14. Taxes: Taxes may be applied to the purchase of any asset so long as it is in accordance state and federal law and tax code. State law shall be applied in accordance to the location of the asset when purchased. If sales tax is applicable in any given sale, the tax will be added to the purchase price of the item unless a tax exemption form is property executed prior to the beginning of the auction. Any exemption forms submitted after the auction will not be accepted. All Buyers are liable for this tax, even if they do not reside in the state that the auction is occurring. Tax will be calculated using the total purchase price, including the Buyer's premium and or any applicable fees and/or expenses.
15. Buyer's Premium: A ten (10%) buyer's premium fee will be applied to all purchases. Bidder agrees to contact Dynamic Auction Group, LLC directly should they have any questions about this Premium. If no alternative contact is made prior to bid in this regard, Bidder agrees to pay this fee upon payment of their purchase. This Premium in no way establishes an agency relationship between Auctioneers (agents, licenses, or employees thereof) and the Buyer at any time. Auctioneer may modify the percentage of this Premium at any time in order to satisfy the needs of the Seller(s) and/or to adhere to the Auction Listing Agreement. Should Auctioneer modify this amount, Auctioneer agrees to make this information available to Buyer immediately, but is not required to provide notice of said modification. Buyer may call the Auctioneer during normal business hours to inquire about this Premium. Taxes are taken into account and calculated into the Buyer's Premium and auction price.
16. Seizure of asset: Buyer agrees that he/she shall remain liable for payment as desc\'ribed in paragraph 13 herein, should they place the successful closing bid. Should Buyer tender a non-valid credit card, back dated check, non-certified check, or if Auctioneer receives notice of insufficient funds, stop payment, non-payment, charge back, etc., for any portion of the purchase price of an asset, Auctioneer shall be authorized to seize all items and lots sold in reliance of said payment. Seizure may occur by Auctioneer or any agent, employee or licensee thereof at the sole cost of Bidder. As such, Auctioneers establish a possessory lien on all assets until they are paid for in full. Further, Bidder agrees to indemnify any costs accrued pursing claims related to this paragraph.
17. Late Fee: If Auctioneer chooses to accept a late payment, Buyer agrees that the late payment shall include a twenty-five (25%) surcharge in addition to the full purchase price.
18. Approximate Closing Times: Auctioneer display times for all Auctions. These times, including closing times, are approximate. Auctioneer reserves the right to close an auction prior to the posted close time or extend an auction beyond the listed close time at its sole discretion. Auctioneer does not need to notify Bidder's when they anticipate that they will not close pursuant to the posted times. As such, Auctioneer recommends that Bidders place their bids early to avoid missing any purchase opportunity. Auctioneer is not liable should Bidder choose to wait to place a bid and is unable due to technical difficulties or an early close time. All times are listed in Eastern Standard Time unless otherwise noted.
Auctioneer also notes that if a bid is made with two (2) minutes of an Auction, the Auction time will automatically extend for an additional two (2) minutes. This will continue to occur until no bid is made with two (2) minutes or less remaining. This is an automated feature that is out of the control of Auctioneer. Seconds will not be noted with bid times. Because of this feature, Auctioneer requests regularly refreshing the Auction page.
19. Refunds: All sales are final upon approval of any particular bid. Upon approval, Bidder assumes responsibility for the asset and agrees to pay their statement in full. Upon bidding, Bidder waives any right that they might have to reject an asset and any rights regarding refunds, charge backs or refusing to make full payment. Bidder's only recourse for dissatisfaction is to terminate use of this site immediately.
Should an asset not be available for delivery to Buyer at anytime, Buyer will be reimbursed any money that has been paid for that asset. However, lack of delivery does not nullify Buyer's remainder of responsibility or acknowledgements under this Agreement. Buyer agrees under all circumstances, he does not have any further claim against Seller, Auctioneers, licensees, employees or agents thereof should non-delivery occur and a refund be issued within ninety (90) days of notice of non-delivery is submitted to Auctioneer and verified.
20. Suspension from site: Failure to provide accurate contact information, credit card information, failure to pay an outstanding statement or failure to abide by these Terms and Conditions may result in full or partial suspension from the use of this site. Any suspension is in the full discretion of Auctioneer. Suspensions may be temporary or permanent. All suspension decisions are final. Auctioneer agrees to communicate suspension to Bidder within twenty four (24) hours of suspension decision.
21. Privacy: Auctioneer agrees to use any of Bidder's information solely for the purpose of this site. Auctioneer agrees not to sell Bidder's information for any reason.
22. Goods sold AS IS: Auctioneer agrees to provide a statement or description of any item or lot for sale on this site to the best of their knowledge and ability. However, Bidder recognizes that Auctioneer is not an expert and therefore, any description is solely an opinion. Auctioneer in no way warrants the condition of any given asset by way of said description or any verbal communication. All assets shall be available to Buyer to inspect prior to bidding and Auctioneer hereby strongly that a bidder engages in viewing all assets prior to making a bid. By making a bid, Bidder signifies that they have examined the asset to their satisfaction or that they have chosen not to inspect the asset voluntarily. Auctioneer is in no way liable for the condition, quality or quantity of the asset upon receipt of Buyer, nor is Auctioneer liable for the actions of Bidder before, during or after the sale in regard to the asset. Further, Auctioneer shall not be liable for misstatements, typographical errors, to the asset or loss of money or merchandise. Auctioneer shall not be liable for any marketing or description of any asset, and Buyer is not encouraged to rely on the description given by the Auctioneer at any time, as they could contain error or set false expectation on behalf of Buyer. If Auctioneer posts an announcement regarding a particular asset, updated information shall take precedence over the original description or any other information provided about the asset prior to the posting. Buyer's dissatisfaction with the condition of any asset is not grounds for any refund, failure to satisfy any given statement, legal claim, failure to close a sale or terminate an active contact. Buyer acknowledges that all assets are used, and therefore may have some evidence of use. Dissatisfaction with an asset will not be reason for Buyer to stop payment or cancel a charge at any time.
SALES ARE MADE WITHOUT WARRANTIES OR GUARENTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES FOR MERCHANTABILITY, FITNESS FOR FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT. Not all states allow for a disclaimer for implied warranty of merchantability and therefore this disclaimer might not apply to you in full.
23. Change of Auction on the site: Auctioneer reserves the right to cancel, reschedule and reopen any auction at any given time. Further, they may withdraw any item or add any item to an auction prior to, during or after an auction has closed. Auctioneer agrees that they will take all actions to prevent said action, however, will engage in said activities as they see necessary. Auctioneer may also group items as it sees fit and may augment any given sale with items not identified during the auction.
Further, Auctioneer does not warrant that there will be no interruptions of the site during any given auction, nor does it warrant that this site does not contain viruses, errors or any guarantee of a particular result due to the use of this site. Auctioneer shall not be held liable for any issues that occur due to viruses, error, service interruptions or any other unexpected problems for any reason at any time.
24. Rejection of Bid: Auctioneer reserves the right to reject any bid for any reason. Auctioneer is not required to provide explanation for any bid decision at any time. All bid decisions are final.
25. Removing Asset from Auction: Upon purchase, Auctioneer will provide a scheduled pick up time for Buyer to retrieve the asset. Buyer shall be responsible for removing the asset in full from Auctioneer's location on the day of scheduled pick up in a manner that is approved by Auctioneer. No exceptions will be made unless alternative arrangements have been approved by Auctioneer PRIOR to the scheduled pick up day. If Buyer is unable to arrange asset pickup pursuant to the terms and conditions contained herein, Auctioneer shall be permitted to apply additional storage and accommodation fees as they see fit or shall be permitted to revert title of the asset back to Auctioneer without refund. Any storage or pickup extension fee is added by Auctioneer must be paid in full prior to pick up. Buyer shall be liable for all additional fees Auctioneer incurs attempting to obtaining possession or disposing of the asset and waives any rights that they might have to a refund should the asset revert back to Auctioneer. Buyer shall be liable for any damage to the property, asset, any buildings, etc. that occurs during retrieval of the asset and agree to indemnify Auctioneer and it's agents, employees and licensees therefrom.
Dynamic Action Group, LLC. does not ship assets under any circumstance. Should you hire a third party shipping company, this company must also comply with the terms and conditions of pick-up. Auctioneer reserves the right to require proof of insurance for Buyer or third party for any situation deemed necessary by Auctioneer prior to relinquishing control of said asset. The use of a third party vendor right does not negate Auctioneers ability to charge additional storage or accommodation fees nor does it negate their ability to revert title of the asset.
26. Damage to Property: Buyer agrees that they shall be liable for any damage that occurs to any assets or property associated with any asset while Buyer is viewing, bidding on or removing the asset. All persons that engage in said activities agree to exercise proper care in doing do at all times. Further, Buyer agrees to adhere to all federal, state and local laws and regulations, protocol, health regulations, etc. when engaging in these activities, including but not limited to those listed herein. Buyer specifically indemnifies Auctioneer from any liability of said damage occurs.
27. Transfer of Title: Delivery shall occur only once full payment is received within legal mandates. This exchange shall be set up between Buyer and Seller and the fees associated with the transfer shall be handled by the Buyer and Seller. Auctioneer shall not be involved with the transfer of title at any time or be liable for any occurrence that occurs during or is associated with the delivery process.
28. Re-auctioning Assets: Should Buyer's breach any term listed herein, Auctioneer reserves the right to re-auction the asset originally reserved for Buyer. Should this situation arise, Auctioneer shall have the right, but not the obligation, to re-auction the asset, discard or store the asset pursuant to the terms provided in paragraph ___. All of the above actions may occur at the sole risk of Buyer. Auctioneer has no obligation to notify Buyer of said actions.
29. Mitigated Losses: Should Auctioneer have to re-auction any asset due to Buyer's failure to retrieve an asset or pay for an asset in full, any payment made by Buyer shall be retained by Auctioneer until the asset is successfully re-sold. Should the asset be sold for a lessor amount, the original Buyer shall be liable for deficiency in funds that occurred as a result of Buyer's breach. Buyer permits Auctioneer to satisfy this deficiency with this retained payment. Should any addition funds remain, Auctioneer agrees to return the remaining amount to Buyer within thirty (30) days of resale.
30. Risk of Loss: Bidder shall obtain the risk of loss upon purchase of the asset, including the time that occurs between sale, delivery and pickup of the asset. Auctioneer shall not be liable for any damage or loss of the asset that occurs between the time of sale prior to time of pick up, or during pickup, regardless of the amount of time that the asset remains in the physical possession of Auctioneer after the sale is finalized. Auctioneer recommends that Buyer insure all assets immediately upon sale.
31. Termination of Sale: Auctioneer reserves the right to terminate a sale agreement for any reason at any time. Should Auctioneer terminate a sale, Bidder is entitled to a full refund for the sale. Auctioneer may also terminate the sale should a bidder engage in a dispute with another Bidder or a Seller during or after an auction. All terminations shall be the sole discretion of the Auctioneer. The actions and decisions of the Auctioneer in this regard are final and shall be binding. Once an item has been delivered and removed, Auctioneer will not engage in any dispute.
32. Resale: Should any given asset remain on the property for four (4) days after the agreed upon pick-up or failure to pay a statement in full, Auctioneer shall be permitted to resell the asset. Auctioneer does not have to notify Bidder of re-sale nor does re-sale entitle Bidder to a refund or collection rights or damages.
33. Indemnity Clause: Bidder agrees to indemnify, defend and hold harmless Dynamic Auction Group, LLC and its employees, agents, officers, affiliates, subsidiaries, directors and representatives from and against any claims, losses, damages, liabilities, demands, judgments, fees, costs and expenses related to or arising due to Bidder's use of this site or actions resulting therefrom, including but not limited to personal injuries, including death, damage or loss of the asset before or during pick-up, a result of a bidder dispute, or actions caused by the negligent or willful act or omission to act of Auctioneer, or a supplier of Auctioneer, or employees or invitees of either of them. Bidder will, at its own expense, defend any and all actions based on such negligent or willful acts or omissions to act, and will pay all charges of attorneys and all costs and other expenses arising out of these obligations of indemnification.
At no time shall buyer hold Auctioneer liable should any Seller fail to deliver an asset for any reason whatsoever. Buyer understands and acknowledges that title transfers are solely between the Buyer and Seller and are not a responsibility of the Auctioneer at any given time of the sale or thereafter.
This clause applies to all auctions held on or off of this site, so long as Auctioneer is affiliated with them. This cause shall also be applicable before, during and after all auctions and shall survive in settlement as well as litigation proceedings.
34. Timing of Claim: No claim shall be allowed one the asset has been removed from the premises. Once an item is removed, no adjustments or recessions will be considered for any reason once an item has been removed.
35. Pooling: Pooling or bid rigging is a serious federal offence and will be charged by the fullest extend of the law. Should Auctioneer suspect that these activities are occurring, they reserve the right to void any sale or void any bid accordingly.
36. Security: Bidder shall be responsible for any bids that are made under their bidding number. It is the responsibility of Bidder to keep their information private and secure to prevent fraudulent bidding. Should a third party make a bid under a particular number, Bidder shall be responsible for the execution of the sale pursuant to the Terms and Conditions contained herein. Bidder may then pursue legal action on the third party without the involvement of Dynamic Auction Group, LLC, should they so choose.
37. Legal Advice: This site does not include any legal advice, nor does it intend to do so.
38. Arbitration Clause: Any disputes that arise for the contents herein shall be settled in accordance to the commercial arbitration rules of the American Arbitration Association. Any and all litigation should occur in the State of Pennsylvania in the County of __________, regardless of where the auction was held. No arbitration claims shall be joined with any other arbitration claims against Auctioneer. Arbitration shall be conducted in Hollsopple, Pennsylvania and governed by Pennsylvania.
39. Third Party Involvement: Auctioneer shall in no way be liable for the acts of a third party in regards to the acts of this site or actions that occur as a response thereto. This includes but is not limited to damages or losses realized due to any interruption in service, errors, an/or omissions caused by network errors, damage or loss caused by a third party shipper, or any damage caused by a third party acting on behalf of a registered user during any stage of the sale. Auctioneer does not guarantee error free usage of this site.
40. Limitation of Liability after a sale: Should Buyer incur any injury, damage or loss due to their use of a particular asset after sale, Auctioneer shall not be liable for any reason at any time. At no time, including negligent acts, shall Auctioneer be liable for any form of damages that occur in for any reason by the asset, information about the asset, or content that is contained on this site at any time, regardless of whether or not Auctioneer alerted Bidder or Buyer of the potential of such incident occurring. Once an asset is in the physical possession of Bidder or Buyer, whether that be during a viewing, removal, or after the sale is finalized, Auctioneer shall not be held liable for any of the above situations that may occur to Bidder or Buyer due to their use of the asset.
41. Storage of Information: Auctioneer reserves the rights to store all information that they obtain from Bidder, including but not limed to address, credit card information and full name provided to the Auctioneer. Auctioneer and employees and agents thereof will store records of all finalized sale in order to defend against any claim or disputes. Records of said information can be provided to Bidders upon request within a reasonable amount of time.
42. Purpose of Agents: Auctioneer is acting solely as an agent of Seller. Therefore Auctioneer shall not be required to testify on behalf of Buyer at any time. Nor can Auctioneer be liable for the acts of the principle, any damages or crime that occurs during delivery of the asset, pick up of the asset or thereafter in regard to the asset.
43. Theft: Should Auctioneer suspect that theft has occurred during a pick up, Auctioneer reserves the right to inspect any tools, boxes, cars, etc. of the Buyer. Should it be found that a theft occurs, Buyer shall be permanently banned from future use of the site and will be prosecuted at the fullest extent permitted by the law.
44. Omissions and Errors: Auctioneer discloses that this site may contain errors, mistyped information, omissions, inaccuracies and outdated information. Auctioneer assures that they will attempt to avoid this kind of information, however, it does not guarantee that they will be avoided at any time. No information provided by Auctioneer, verbally or through the site, shall be warranted in any way, as described in paragraph ___ above. If an error is found by Auctioneer at any time, Auctioneer reserves the right to correct the error at anytime without notice to any Bidder. As such, Auctioneer recommends that Bidder check the information provided on the site regularly with bidding on assets.
45. Entire Agreement: These Terms and Conditions set forth the entire agreement between Auctioneer and Seller. By accepting these Terms and Conditions, it is understood that Bidder agrees to Auctioneers terms and conditions and intends to be bound by the contents found therein. Should a Court find that any particular term of this contract be unenforceable, all other terms shall not be affected. Bidder agrees that their use of this site is completely voluntary and at the sole risk of the Bidder.
Removal Location(s), Date & Times can be found undert the Shipping/Pick-up Tab, which must be reviewed prior to bidding.
We thank you for choosing to auction with Dynamic Auction Group, LLC. We hope you have a positive experience with our site and we look forward to working along side of you!
Dynamic Auction Group, LLC
122 W. Union St
Somerset, PA 15501
814-444-7777 | [email protected]
Lic. # AY002250
Removal Location(s), Date & Times can be found undert the Shipping/Pick-up Tab, which must be reviewed prior to bidding.
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.