Auction Terms & Conditions
Auction Terms & Conditions:
All items are sold as is, where is with all faults and without warranty express or implied. By participating in this auction the bidder/buyer agrees to the following terms and conditions: Disclaimer All lots sell as is, where is, with all faults. Biesheuvel Auction & Appraisal and the seller do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Biesheuvel Auction & Appraisal encourages all bidders to inspect lots in person before bidding if available. Biesheuvel Auction & Appraisal is not responsible for incorrect listing information, if any. Biesheuvel Auction & Appraisal has attempted to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. Printed statements or descriptions by Biesheuvel Auction & Appraisal and staff are provided in good faith and are matters of opinion.
Payment: Payment Types- Bank Checks, Cash, Wire Transfers, Credit Card (3% standard ) processing fee will apply to all credit card payments, when the items are picked up on the load out days. No items removed until payment has been received by auction company. Biesheuvel Auction & Appraisal accepts the following forms of payment: Cash, Credit Cards, Cashiers Check, Company Checks or Wire Transfers. All out of state checks over $1000 must be accompanied by a irrevocable Bank Letter of Guarantee, unless known by the auctioneers. Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to property at that time. Biesheuvel Auction & Appraisal reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT BID.
Disputes or chargebacks: The bidder entirely agrees to the dispute resolution specified in the foregoing paragraph as the bidder's SOLE means to resolve any and all disputes which may arise with Biesheuvel Auction & Appraisal . By placing a bid the bidder specifically agrees that bidder will not file a dispute or chargeback of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiate a credit card chargeback dispute on any basis of claim and agrees that bidder will pay Biesheuvel Auction & Appraisal a minimum of $250 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. Upon breach of this agreement bidder grants full permission for Biesheuvel Auction & Appraisal to charge their credit card once more to protect against bidders keeping items and filing a chargeback. In the event that Bidder violates this dispute resolution provisions, in consideration of Biesheuvel Auction & Appraisal's approval of the application of the bidder to bid in Biesheuvel Auction & Appraisal's auction, bidder confesses judgment to fraud having been committed by bidder against Biesheuvel Auction & Appraisal and further agrees that bidder is liable to Biesheuvel Auction & Appraisal for all damages, losses and costs. Sales Tax: Sales tax of 5% will be collected on all purchases excluding those deemed non-taxable by Wyoming Dept of Rev.
Pickup: All items, must be picked up once Biesheuvel Auction & Appraisal has received and acknowledged payment in full. NO SHIPPING PROVIDED. Buyers Credit Card will be charged if items are not picked up during pick-up time.
Closing: Beginning at the stated closing time, the auction software will conclude bidding in catalog order with the following exception: if a bid is placed in the last two (2) minutes remaining for that auction lot, bidding for that lot will remain open for an additional two (2) minutes. Some lots may be grouped together so that a bid on one lot will extend the time on all lots in that group.
Debt Collection and Interest Charges: The buyer agrees to pay all reasonable attorney fees and other costs incurred by Biesheuvel Auction & Appraisal in its efforts to collect unpaid funds from the buyer. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Biesheuvel Auction & Appraisal. Any debt collection or dispute proceedings will be heard in Campell County, Wyoming. Limitation of Liability: If, for any reason, Biesheuvel Auction & Appraisal is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole liability of Biesheuvel Auction & Appraisal if any, shall be the return of monies paid in respect of such purchase upon its return by Purchaser.
Age Requirement: All bidders must be 18 years of age or older. Bidder Information and Security: All registration information the bidder provides to Biesheuvel Auction & Appraisal, shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Biesheuvel Auction & Appraisal if they believe that their bidder number and password have been compromised.
Tie Bid or Uncertaint: In the event of a TIE BID or any uncertainty as to offered last and highest bid the Auctioneer has a right to resolve any such at the time by accepting the Bid that the Auctioneer believes is in good faith and was the last, highest and best bid. Auctioneer may open the bidding between the parties at his discretion and option and such decision will be final and binding on affected parties. THE AUCTION WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. The Auctioneer is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time.
SERVER & SOFTWARE TECHNICAL ISSUES In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Biesheuvel Auction & Appraisal reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor BiESHEUVEL AUCTION & APPRAISAL 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 Biesheuvel Auction & Appraisal --------------------------------------------------------------------------------------- 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.
REGISTRATION OBLIGATIONS: 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 AUCTIONS 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: 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.
BIDDING: 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.
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.
INDEMNITY: 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.
LEGAL COMPLIANCE: 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.
GENERAL INFORMATION: 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.
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