Auction Terms & Conditions
Pacific Industrial Auctions and Appraisals LLC.
TERMS OF BIDDING AND SALE
1. Pacific Industrial Auctions and Appraisals LLC., (hereafter known as the “Auctioneer”) hereby grants to the party whose name appears on the bidders registration agreement (hereafter known as the “Bidder”), the right to use the number given for the purpose of bidding at an auction sale (either online, live or both) conducted by the Auctioneer. Such right is granted at the Auctioneers sole discretion and may be revoked at any time.
2. The Bidder acknowledges that he has received, read and understands these terms of bidding and sale by accepting and using this buyers number and agrees to comply with and be bound by such.
3. The auction will be conducted by offering items by lot, either individually or in groups. The Bidder offering the highest bid accepted shall be the purchaser (“Purchaser”) of the offered lot and no Purchaser shall retract his bid. ALL SALES ARE FINAL.
4. For all items there shall be a standard 10% buyer’s premium assessed on all purchases. For those purchases made with a credit card or are delayed payment beyond the posted payment terms a 3% additional service fee applies. The buyer’s premium and any service fees are in addition to the purchase price.
5. The Bidder, whether acting as an agent, director or representative of a company or as an individual in any capacity whatsoever, and the company he represents both jointly and severally agree:
A. to indemnify and save harmless Auctioneers and its consigners (“Consigner”) from any and all actions, causes of action, lawsuits, damages, costs and losses of any nature, arising from the purchase or use of any Lot or the attendance and participation of the Bidder, agents or employees at the auction sale or at the auction site either before, during or after the auction sale.
B. to be responsible for the payment of the purchase price, buyers premium, taxes and any and all costs due on all of the bidders purchases.
C. that all rights and defenses available to the Auctioneer hereunder shall also extend to the consigner.
6. The terms shall be governed by and interpreted under the laws of, and any action hereunder against Auctioneers shall be commenced in the State and County in which the auction occurs.
7. 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 perfect the security interest granted by this security agreement and recover the unpaid lots.
8. There shall be no guarantees or warranties, either written, expressed or implied, statutory or otherwise of any nature whatsoever in respect to 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 respect to safety, pollution or hazardous material or to any other standard or requirement of any applicable authority, law or regulation, or
B. Are fit for any particular purpose, or
C. Are merchantable or financeable, or
D. Are of any particular age, year of manufacture, model, make or condition.
9. Bidder agrees he has satisfied himself and is not relying on the Auctioneers, or their information, nor are the Auctioneers liable, for any matter in respect of the above. Bidder further agrees to repair at his cost, any lot purchased at the auction sale to a safe operating condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use in which the lot may be put.
10. The Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electrical currents may be live. Every person at the auction site at any time shall be there at their own risk with notice of the condition of the premises and the activities thereon. The Bidder shall so advise his agents and employees. No person shall have a claim against the Auctioneers, their agents, employees for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
11. If the Bidder registered for a bidder number at this auction multiple times and received multiple bidder numbers, all purchases shall be considered for the purposes of interpreting the terms, as if purchased under a single bidder number.
12. Auctioneers, at any time and at their sole discretion, without notice or liability to any buyer may withdraw or cancel the sale of any lot or offer any lots in groups or with privilege. Privilege is awarded to the highest bidder when given “choice” of multiple lots. He can take as many of the offered lots as he wants, each at the same bid price.
13. Any dispute arising as to any bidding shall be settled by the Auctioneers at their sole discretion and the auctioneers may put the lot in question immediately up for sale again. Auctioneers reserve the right to refuse any bid which they consider to be an insignificant advance over the preceding bid.
14. Purchases shall become the responsibility of and shall be at the risk of the Purchaser upon acceptance of his highest bid. It shall be the responsibility of the purchaser to insure his purchases immediately. Auctioneers shall not be responsible for loss or damage to any purchase.
15. All payments shall be made in cash, cashiers check, or regular check accompanied by a letter of bank guarantee acceptable to the Auctioneers. All auction day purchases under $10,000 must be paid in full within 48 hours of the auctions close. For amounts over $10,000, a deposit equal to or greater than 25% of the purchase price or $10,000 whichever is more shall be made within 48 hours of the auction close with the balance to be paid in full within five business days.
16. Purchaser shall not be entitled to possession of any of his purchases until the total purchase price of all his purchases including all goods, sales or use taxes has been fully paid. In the event that purchaser fails to pay the total amount due within the prescribed time, or fails to comply with any of the terms set herein, Auctioneers shall retain a possessory lien on all purchases of Purchaser. Upon 10 business days after the auction if payment for the item(s) remains unresolved the purchase shall be deemed abandoned. The Auctioneers shall, at their sole discretion have the right to resell such purchases by public or private sale without notice to the Purchaser. Should Auctioneers resell any purchase, the net proceeds there from (after deducting a resell sales commission of 20%) shall be reimbursed to the original Purchaser. The original Purchaser forthwith upon demand shall pay Auctioneers any and all damages or deficiencies arising from the resale.
17. All purchases must be removed from the auction site within the time announced or posted on the auction website and all costs, responsibility and risk of such removal shall be borne by the Purchaser. The Purchaser shall use prudence in effecting such removal. Auctioneers reserve the right to require proof of adequate insurance coverage from Purchaser for said purchases. Purchaser agrees to indemnify and save harmless both Consigner and Auctioneers against any damage caused by acts of the Purchaser. If for any reason the Purchaser fails to remove any purchase within the time specified, a storage fee of $10.00 per item per day may be assessed. Upon 10 business days after the auction sale if the item(s) removal remains unresolved the purchase shall be deemed abandoned, and Auctioneers at their sole discretion shall resell the item(s) as per term 16 above or remove and store the said purchase at the Purchasers sole expense. Purchaser shall be liable for any removal, transportation or storage expenses incurred or damages suffered by Auctioneers because of Purchasers failure to remove any purchase.
18. The sale catalog or item listing has been prepared as a guide only, based on information from sources believed to be reliable including from the consigner. Every effort has been made to assure the correctness of the catalog listing. However its accuracy cannot be guaranteed or warranted; the sales management and auctioneers are not responsible for any errors or omissions and assume no liability on its part or the part of the seller as to any statements, either verbal or written, regarding items sold. No sale shall be invalidated, nor shall Auctioneers be held liable as a result of defects or inaccuracies in the sale catalog. Purchaser acknowledges that all lots were available prior to the auction sale and that it is the responsibility of the Purchaser to inspect all items for sale and make his own inquiries prior to bidding.
19. All necessary documents will if available be delivered immediately to the Purchaser upon payment in full, or otherwise will be mailed within 10 business days after payment was received. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted.
20. 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 purchase, whether before or after delivery, Auctioneers sole liability, If any shall be the return of monies paid in respect to such purchase upon its return by the Purchaser. Any such purchase shall be returned upon demand by the Auctioneers.
21. Interest on overdue accounts shall be paid by the Purchaser and figured at a rate of 18% per annum together with any legal or collection costs incurred by Auctioneers. If a Purchaser claims exemption based on goods being shipped out of state or for use out of state, then goods must be delivered to and shipped by a common carrier. In such a case Purchaser shall arrange for and assume all risks and costs associated therewith.
22. Auctioneers act as agents only, and shall endeavor to protect the interest of both the Purchaser and the Consignor. Any and all disputes that may arise shall be between Consigner and Purchaser only. Purchaser will indemnify and save harmless Auctioneer from any and all actions, law suits, damages, costs and losses of any nature, arising from the sale, purchase or use of any Lot or the attendance and participation of the Purchaser, agents or employees at the auction sale or at the auction site either before, during or after the auction sale.
23. These are the complete Terms and may not be amended except by agreement in writing signed by Auctioneers and the respective Purchaser.
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.