Auction Terms & Conditions
Notice: Apple Towing Co | Apple Auctioneering Co is conducting an online auction with reserve on behalf of a private consignor and will be acting as their agent herein.
General Information: The placement of a successful bid at an Apple Towing Co | Apple Auctioneering Co auction establishes a legally binding contract between the successful high bidder and Apple Towing Co | Apple Auctioneering Co . The auctioneer's announcement of the high bid amount and the bidder's number establishes the contract which may be subject to final acceptance. This contract is bound by these Terms and Conditions. The successful bidder is legally bound to pay for property awarded in accordance with his/her bid.
Eligibility of Bidder: The Bidder warrants that he/she is not:
a) Under 18 years of age;
b) The contractor, subcontractor or vendor, their agent or employee who has access to information concerning the property to be sold Apple Towing Co | Apple Auctioneering Co auctions that is not generally available to the public.
Registration: In the menu bar create an account by clicking "New Bidder". The user name and password that is created will be used for all future online auctions. The information you provide when setting up your online account will be the information assigned on your title work. If you choose to title your purchases in a business name, the business name and address needs to be utilized. At any point should you decide to title your purchases in your person name, your account information will need to be updated to reflect the desired change. This also applies to a change of address or business. This is the responsibility of the bidder.
Upon initial registration, you will need to input a credit card number (not retained) but will only be used to verify your identity. There will be no additional registration fees.
Bid Deposit: No bid deposit required.
Reserve: This auction is conducted with reserve. Apple Towing Co | Apple Auctioneering Co reserves the right to approve the final transfer of property the successful bidder, even after the auction lot closes.
Preview & Inspection: Bidders are urged to inspect property/merchandise prior to bidding. Failure to inspect shall not constitute cause for cancellation of sale. Property/merchandise is available for inspection only at places and times specified by Apple Auctioneering Co and notated in each vehicle description. Absolutely no access to property/merchandise is allowed without prior Apple Towing Co | Apple Auctioneering Co authorization. Apple Auctioneering Co may, at its discretion, provide photographs of the property/merchandise as a courtesy to bidders. Bidders are warned against bidding on any lot(s) based solely on the sample displayed or on the basis of photographs. Apple Auctioneering Co makes no warranty in relation to these samples or photographs.
Technical Bidding Details:
All lots end with a "Soft Close." A "Soft Close" means if any bid is placed within the last 5 minutes of the close of the auction, the bid will automatically extend the closing time an additional 5 minutes. Example: If a bid is placed at 2 minutes until close, it will extend the closing to 7 minutes. This feature protects bidders from being outbid without the opportunity to be notified and place another bid before the close of the auction.
Placing a "Maximum Bid." Please be aware that when placing your "Maximum Bid", the website will bid on your behalf up to your set maximum bid by the preset bid increment of $100. Example: The current bid is $1000 and the bidder enters a maximum bid of $5000. The system will bid at the preset increment of $100 until the bidders "Maximum bid" is exceeded. At that point the bidder will be notified that he/she has been outbid (if that option is selected when registering). High bidder will only pay $100 more than the competing bidder. Please watch the auction closing time stop clock to determine exactly when the lot will close.
Auction End & Bid Approvals: At the close of the sale, all bidders will be emailed their bid results. Once a final decision is dermined, you will receive an email notification that your bid has been approved or denied. Payment instructions will be given at that time. Each vehicle is considered a separate purchase.
Payment: All items must be paid in full within 48 hours (2 business days) from the bid approval email. Acceptable forms of payment are by method of bank wire transfer or cashier's check with overnight delivery made payable to Apple Towing Co. 2525 South Shore Blvd. Suite 202, League City, Texas 77573 ATTN Joshua Scully. Account information for bank wire transfers will be provided in the approval email. The wire transfer must include the buyer name and reference the lot(s) purchased. Title work will be processed the following business day of bank wire posting to account. NO EXTENSIONS FOR FINAL PAYMENT WILL BE MADE FOR ANY REASON.
Unacceptable payment methods: No personal or business checks, bank letters, credit/debit cards, or letters of credit will be accepted. In addition, onsite payment will not be accepted. Bidders should not attempt to finance any purchase through a bank or credit union, nor will the auction company negotiate with any lender. Bidders must have the funds available before placing any and all bids. Payment must be made by the successful registered bidder. Payment received by parties other than the successful registered bidder will be declined.
Default/Non-payment: The failure to make required deposit or final payments and/or comply with the timeframes specified in the sales catalog/brochure for removal of property shall be deemed forfeiture of any rights, title, and interest the Purchaser may have acquired. The title of such property shall revert back to Apple Towing Co | Apple Auctioneering Co without further notice to the Purchaser and will result in any monies paid being forfeited. The transaction shall be null and void as to the Purchaser. The property will be processed for resale at the next available auction. If a buyer does not pay within the specified time frame, backs out, submits a check containing insufficient funds, or issues a "stop payment" that buyer will be banned from all future Apple Towing Co. | Apple Auctioneering Co. auctions.
Sales Tax: No tax will be collected by the auction company on any lot posted in this auction.
Applicable Tax: All purchasers are responsible for the payment of any and all applicable taxes imposed by any state, country, county, or political subdivision.
Paperwork Processing: Once the funds are received, the title work will be executed utilizing the buyer's registration information and sent via email to have all copies signed. Once fully executed, the property release will be emailed to the buyer, the property manager, and region supervisor. The releasing agent's name and contact information will be presented on the property release document. Originals will be mailed to the buyer.
Title Documents: High bidder will receive a Texas title. Title will be mailed to the buyer following business day after copies of signatures are obtained.
Release & Removal: Removal must be completed on or before the 15th calendar day (for domestic property/merchandise) and the 60th calendar day (for export only property/merchandise) after the sale date or the buyer will default the terms of sale and property/merchandise will be resold Apple Towing Co | Apple Auctioneering Co . Said property/merchandise shall revert and repossess to Apple Towing Co | Apple Auctioneering Co without further notice to the buyer and will result in any monies paid being forfeited and the transaction shall be null and void as to buyer. Storage arrangements after removal dates are solely between the buyer and storage vendor.
Property/merchandise must be paid in full before removal. No partial release of any lots. Removal is by appointment only and should be made by the buyer with the storage vendor only after buyer has received the necessary Property Release document. A physical hard copy of your property release is required in order to pick up your property. It is the sole responsibility of the buyer to remove the property purchased by the removal date. All property/merchandise in a lot must be released to original buyer at one time. Removal is at the expense, liability, and risk of the buyer. Please do not make flight arrangements or schedule pickups in advance, until you receive authorization via email to do so. Buyer must present a photo I.D. at the time of property release. If the registered buyer chooses to send an agent to pick up property on their behalf, the buyer must prepare and sign an authorization letter identifying the agent to act on his/her behalf, as well as provide agent with a copy of Buyer's photo I.D.
Shipping: It is the purchaser's responsibility to arrange the shipping.
To serve you best, please direct all questions via email to firstname.lastname@example.org.
General Terms & Conditions:
Use of this auction site marks your full and final acceptance of all Terms & Conditions listed by Apple Towing | Apple Auctioneering Co.
1. This Agreement is a legally binding instrument between you and Apple Towing/ Apple Auctioneering Co, and describes your responsibilities in connection with your use of www.appletowing.com or the live auction venue and, among other things, limits the liability of Apple Towing/ Apple Auctioneering Co. Please read all of this agreement carefully. You affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, you must not access www.appletowing.com or participate in our live auction.
2. These assets will be auctioned AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION. DESCRIPTIONS OF VEHICLES, WRITTEN, PUBLISHED, OR ORAL ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely. Apple Towing/ Apple Auctioneering Co. does not certify the accuracy of the information presented by any third party company that assist in the sale, and will not be responsible for any error made on their behalf. Some vehicles may have branded titles. Branded titles or odometer discrepancies when known, are announced, included in the description or noted on the vehicle. Absence of mention of branded titles or remarks does not constitute any warranty or guarantee.
3. This auction is conducted with reserve. Apple Towing Co | Apple Auctioneering Co reserves the right to approve the final transfer of property the successful bidder, even after the auctioneer states "sold" or after the auction lot closes. Apple Towing Co | Apple Auctioneering Co does not/ will not disclose the reserve amount. In addition, Apple Towing Co | Apple Auctioneering Co retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion.
4. Apple Towing Co | Apple Auctioneering Co reserves the right to add/ delete vehicles to/ from the auction at any time.
5. Practices that eliminate competition, such as collusive bidding may warrant criminal, civil, or administrative action against the participant and may be referred to the Department of Justice.
6. All persons attending preparation, preview inspection, sale or removal of merchandise assume all risks whatsoever of any damage or loss to person and or property and specifically release the Apple Towing Co | Apple Auctioneering Co of any and all liability. For live auctions: No one under the age of 18 will be allowed to enter the auction area. Each registered bidder may have 2 companions in the auction area. No oversized bags or electronics are allowed in the auction area.
7. Vehicles & Surplus not paid for within 1 hour of a live sale & 48 hours after an online sale may be resold without notice. If a buyer does not pay within the specified time frame, backs out, submits a check containing insufficient funds, or issues a "stop payment" that buyer will be banned from all future Apple Towing Co | Apple Auctioneering Co auctions. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no "stop payment" order shall be issued or honored. The Buyer further agrees that a stop payment order or a check returned marked "insufficient funds" shall be considered prima-facie evidence of intent on the part of the buyer to defraud the Auctioneer at the time of delivery of the check. Failure to make required payment or removal within time frames specified shall forfeit any right, title and interest buyer may have acquired. The property shall revert and repossess to the Seller without further notice to the Buyer. Any monies paid will be forfeited and the transaction will be null and void as to the Buyer.
8. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer's number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute. We reserve the right to video tape all live auctions.
9. All title documents and forms requiring the Buyer's signature must be signed immediately following payment of a live auction by the successful high bidder. For online auctions, all title documents and forms requiring the Buyer's signature must be signed by the successful high bidder under the registered name & submitted to the auction company within 24 hours from the time they are emailed. Failure to execute the documents within the time frame specified will result in the revocation of the Buyer's bidding privileges.
10. Vehicles & merchandise must be removed by the following business day for all live auctions. For online auctions removal must be completed on or before the 15th calendar day (for domestic property/merchandise) and the 60th calendar day (for export only property/merchandise) after the sale date or the buyer will default the terms of sale and property/merchandise will be resold by Apple Towing Co | Apple Auctioneering Co . Said property/merchandise shall revert and repossess to Apple Towing Co | Apple Auctioneering Co without further notice to the buyer and will result in any monies paid being forfeited and the transaction shall be null and void as to buyer. Storage arrangements after removal dates are solely between the buyer and storage vendor.
11. Requirements to Comply with Applicable Laws and Regulations: It is the Purchaser's responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use, or disposal of the property listed in the sales catalog. The Purchaser or user of this property is not excused from any violation of such laws or regulations either because the United States is a party to this sale or has had any interest in the property at any time.
12. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party.
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.