Auction Terms & Conditions
TO ALL BIDDERS: TERMS & CONDITIONS SUBJECT TO ALL BIDDERS. YOU WILL BE ASKED TO AGREE TO TERMS & CONDITIONS. THESE AUCTION ITEMS ARE SOLD "AS IS" AND WITHOUT RESERVE. ALL ARE PRE-OWNED ITEMS. WE DO TRY TO NOTE THE CONDITION TO THE BEST OF OUR ABILITY. IT IS THE BIDDERS RESPONSIBILITY TO PREVIEW OR INSPECT THE ITEMS BEFORE BIDDING. WE DO NOT REFUND ON "AS IS" CONDITIONED ITEMS. ALL ITEMS SOLD ARE "AS IS". PLEASE BID RESPONSIBLY.
Absentee online bidding- As a convenience to customers, absentee bids are carried out by Wendt Auction Service in a fair and confidential manner. All absentee bids will be executed competitively during the sale; items will be purchased for the lowest price possible. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. If there are two absentee bidders that bid the same amount, the first received will be honored. Successful buyers will be notified within three (3) days of the sale. BIDDERS WHO SUBMIT BIDS USING ONLINE BIDDING ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS AND THAT YOU WILL BE CHARGED FOR THE ITEMS FOR WHICH YOU ARE THE SUCCESSFUL BIDDER.
ALL WINNING BIDDERS WILL BY CONTACTED BY EMAIL TO ARRANGE PAYMENT AND PICK UP.
If items are not picked up and paid for on time, late fees and storage fees will be added to invoice balance. NO EXCEPTIONS.
*Buyer is responsible for loading all purchases!
Payment Info: An invoice will be emailed to all winning bidders at the conclusion of the auction. Payment instructions will be included on the invoice. All buyers are required to settle their account with Wendt Auction Service in full. We accept Visa, MasterCard, American Express, Discover Cards, Debit, (There is an additional 5% fee for payment by credit/debit card). Valid Checks (on location), Certified Checks, Cash or Bank Transfer. All payments are in US Currency. Driver's license or some sort of positive identification will be required for checks. N.S.F. or stopping payments will not be tolerated.
The purchaser of a lot shall make payment as follows:
You will be notified of the purchase price and other charges. You agree to pay interest on overdue accounts at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs, including attorney`s fees, incurred by Wendt Auction Service. You are responsible for transporting purchased lots to your desired location. At no time will any purchased lot be released to you until payment in full for all lots purchased by you has been received by Wendt Auction Service.
Shipping/Pickup Info: Shipping is at buyers expense and arrangements. We will do our best to
assist with arrangements.
Wendt Auction Service (Hereinafter referred to as WAS) offers customers the opportunity to participate in online WAS auctions. WAS reserves the right at our sole discretion, to add, delete or change some or all of our online services at any time without notice.
1. The sales management, auctioneers and employees act as agents for the seller, but assume no liability for either buyer or seller. Any representations made by the sales management are on behalf of the seller.
2. Each lot will be sold by auction to the highest bidder. The auctioneer reserves the right to accept or reject any bid and in all cases of dispute the auctioneer's decision shall be final. WAS online bids will be notified by e-mail.
3. No Warranty, No Professional advice.
The descriptions of items appearing in advertising or any information prior to or during the auction are believed to be correct. However, neither those descriptions nor any information supplied by any employee or agent of WAS, in any form whatsoever, shall be construed as a warranty, either expressed or implied. Any descriptions and information supplied by any means is intended solely as general guidance for the purpose of buying and selling lots at WAS auctions. All lots are sold as is where is and bidders are strongly encouraged to inspect the lots before placing bids.
4. Neither the Company providing the software or WAS shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications will be sent to registered bidders with updated information as deemed necessary by WAS.
5. All bids must be in US Currency.
6. Bids do not include any applicable taxes, buyer's premiums, customs duties, surcharges, registration fees, shipping rigging, or other preparation and transportation costs and insurance.
All sales are final. Upon your becoming the Purchaser of a lot, that lot shall immediately become your responsibility and be at your risk. WAS shall not be responsible for loss or damage to any lot once it has been purchased.
8. All buyers must register for the sale and agree to the terms of sale. Upon which time they will receive a bid card. WAS reserves the right, in our sole discretion, to allow or deny access to WAS online bid services to any party.
9. Upon acceptance of your registration and application for access to WAS online bid services, your chosen username and password which will identify you, will be activated.
Services bid number.
1. Fees and Service Costs - no fees at this time for this service.
2. Bidder Information
All bidders will register to bid through the website. Bidders will establish a user name and password. A credit card authorization will be required at time of registration. The credit card will not automatically be charged. It is a security feature to deter fraudulent bidding. INVOICES WILL BE EMAILED to successful buyers at the close of the auction and payments will be accepted under the terms of payment.
Bidder Information includes any information you provide to WAS when you register to participate and bid in any WAS auction or communicate with WAS by phone, fax or email as part of your use of WAS online bid services. You are solely responsible for the accuracy of your bidder information and you hereby warrant that your bidder information: (a) is true and accurate; (b) is not fraudulent; (c) does not infringe on any third party copyrights, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) does not violate any applicable law, statute, ordinance or regulation; (e) in not defamatory, obscene or libelous; and (f) does not contain any viruses, code, files, or programs that may damage, disrupt, or interfere with data or personal information. You agree to indemnify and hold WAS harmless from and against loss, cost, expense or damage arising out of a breach of any of the foregoing representations and warranties. WAS reserves the right to take any action with respect to bidder information if WAS reasonably believes such information to breach any of the foregoing representations or warranties or to be restricted or prohibited by law.
PROTECT AND KEEP CONFIDENTIAL YOUR USER NAME AND PASSWORD. You will be financially responsible for the use of your online bid number by yourself of any other party using WAS online bid services under your name or account.
10. As a condition of your use of WAS online bid services, you warrant you will not:
a) Use WAS online bid services for any purpose that is unlawful or prohibited by this Agreement;
b) Use WAS online bid services in any manner that could damage, disable, overburden, or impair the WAS auction website;
c) Use any device, software or routine to interfere or attempt to interfere with the proper working of WAS online bid services or the WAS website or auction;
d) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
e) Interfere or disrupt any computer networks involved in the provision of WAS online bid services;
f) Transmit any viruses or other code, files, or programs that may damage, disrupt or interfere;
with WAS online bid services or any other aspect of the website;
g) Interfere with any other party's use of WAS online bid services;
h) Impersonate any other person or entity, or disguise the origin of any bidder information;
i) Use WAS online bid services to upload, post or distribute any advertising or solicitations; or
j) Use WAS online bid services in such a way as to gain unauthorized access to the computer systems of others.
11. All buyers agree to be bound by the above terms of sale agreement.
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.