Auction Terms & Conditions
***All internet bids will be proccessed on the bidders credit card if the items have not been paid within 2 business days from sale day. Any purchased items not picked up within 7 business days of the auction will be considered abandoned and resold for storage.***
1. Graham Auctions (Auctioneers) hereby grants to the party whose signature apprears on the Bidder's Registration Agreement (Bidder), the right to use the number shown hereby for the purpose of bidding at an auction sale to be conducted by Auctioneers. Such right is granted at the Auctioneer's sole discretion and may be revoked at any time.
2. Bidder acknowledges he has received, read and understands these terms printed on the inside back cover of the Listing Catalogue or presented in our other notices and agrees to comply with and be bound by such.
3. The Auction will be conducted by offering in the terms by lot (Lot), either individually or in groups. The bidder offering the highest bid accepted by the Auctioneers shall be the purchaser (Purchaser) of the offered lot. Purchaser accepts a lot when he makes a bid. All sales are final.
4. Bidder, wheteher acting as principal, agent, officer or director of a company of otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree:
(a) to indemnify and save harmless Auctioneers and its consignors from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the attendance or participation of Bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale.
(b) to be responsible for the payment of the purchase price and taxes due on all Bidder's purchases.
5. Some items in this Auction may be subject to a reserve.
6. The bidder grants to the Auctioneers a security interest in the Purchases, to secure payment of the purchase price. In the event of non-payment, the Auctioneers may proceed to file the Bidder Registration Agreement as a financing statement to perfect the security interest granted by this Security Agreement.
7. There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect of the Lots offered at the auction. Each and every Lot will be sold "as is where is". Specifically, but without limitation, Auctioneers make no representation or warranty that any of the Lots:
(a) Conform to any standard in repect of safety, pollution or hazardous material or to any standard or requirement of any applicable authority, law or regulation, or
(b) are fit for any particular purpose,
(c) are mechantable or financeable, or
(d) are of any particular age, year of manufacture, model, make or condition.
Bidder agrees he has saisfied himself and is not relying on Auctioneers, nor are Auctioneers liable, for any matter in respect of the above. Bidder further agrees to repaie at his cost, any lot purchased at the auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the lot may be put.
8. Bidder acknowledges that an auction site is a potentially dangerour place. Flammable, noxious, corrosive, and pressurized substances are present, heavy equipment is being operated an electric may be live. Every person at the auction site at any time, shall be there at his own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his agents and employees. No person shall have any claim against Auctioneers, their agents and employees, or Principals for any injuries sustatined, nor for damages to or loss of property which may occur from any cause whatsoever.
9. Auctioneers may, at anytime, at their sole discretion and without notice or liablitiy to Bidder:
(a) withdraw or cancel the sale of any Lot, or
(b) offer any Lots in groups or with privilege.
10. Any dispute arising as to any bidding shall be settled by Auctioneers at their sold discretion and Auctioneers may put the Lot in dispute up for sale again. Auctioneers reserve the right to refuse any bid which they consider to be an insignificant advance over the preceding bid.
11. Purchases become the responsibility of and shall be at the risk of Purchaser upon acceptance of his bid. It shall be the responsibility of Purchaser to insurehis purchases immediately, Auctioneers shall not be responsible for loss or damage to any Purchase.
12. All payments must be made to Auctioneers by cash, certified cheque or regular cheque accompanied by a bank gurantee acceptable to Auctioneers. Lots under $10,000 must be paid in full on day of the auction. For Lots over $10,000 Purchaser price, must be paid in full within 2 business days of the auciton.
13. Purchaser shall not be entitled to possession of any of his Purchases until the total purchase price of all his Purchases invluding all applicable goods, sales or use taxes, has been fully paid. In the even Purchaser fails to comly with any Terms , Auctioneers at their sole discretion have the right to resell such Purchases by pulic or private sale without notice to Purchaser. Should Auctioneers resell any Purchase, the net proceeds therefrom (after deducting commissions of 14% any any costs) shall be credited to the original Purchasers account and the original Purchaser shall forthwith upon demand pay Auctioneers, as damages, any deficiency arising from the resale.
14. All purchases must be removed from the auction site within the time announced or posted at the auction site an all costs, responsibilty and risk of such removal shall be borne by Purchaser. Purchaser shall use prudence in effecting such removal. Auctioneers reserve the right to require proof of adequate insurace coverage from any Purchaser for Purchases requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnigy and save harmless both consignor and Auctioneers against any damage caused by the act of Purchaser and/or his agents in connection with the dismantling or removal of any Purchase. If for any reason Purchaser fails to remove and store the said Prucahse at Purchasers sole risk and expense. Purchase shall be liable for any rent incurred or damages suffered by Auctioneers beacuse of Purchasers failure to remove any Purchase.
15. The Listing Catalogue has been prepared as a guide only, based on information from sources believed to be reliable and from the Consignor; however, its accuracy cannot be guaranteed or warranted. No sale shall be invalidated; nor shall Auctioneers be liable as a result of defects or inaccuracies in the Listing Catalogue. Bidder ackowledges that all Lots were available for inspection prior to the Auction and that it is his reponsibility to inspect all equipment and to make his own inquiries prior to bidding.
16. If, for any reason, Auctioneers are unable to make available or deliver any Purchase or clear title to the same, or documentation required in respect of any Pircjase, wheter before or after deliver, Auctioneers sole liablity, if any shall be the return of monies paid in respect of such purchase upon its return by Purchaser. Any such Purchase shall be returned or surrendered upon demand by Auctioneers.
17. Interest on overdue amounts will be paid by Purchaser at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs incurred by Auctioneers.
18. Upon Purchases arranging for and assuming all risk and costs associated therewith to Auctioneers satisfaction, Auctioneers will ship Purchases to, and give physical possession at a destination specified by Purchaser.
19. These are the complete Terms and may not be ameded except by agreement in writing signed by the Auctioneers and the respective Purchaser.
20. All bidders are subject to pay a Buyer's Premium as follows:
(a) 10% for our regular Miscellaneous Auctions
(b) 10% on the first $5000 and 2.5% on the balance to a maximum of $1000, per item, for our Heavy Equipment and Industrial Sales.
(c) Vehicles Buyer's Fee Schedule per vehicle:
(i) Purchase Price between $0-999 is a $60 fee.
(ii) Purchase Price between $1000-1999 is a $100 fee.
(iii) Purchase Price between $2000-2999 is a $140 fee.
(iv) Purchase Price between $3000-3999 is a $180 fee.
(i) Purchase Price between $4000-4999 is a $220 fee.
(vi) Purchase Price between $5000 and over is a $260 fee.
(d) All internet bidders will be subject to an additional 2% fee in addition to the above described Buyers Premiums.
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.