Auction Terms & Conditions
PROJECT SPECIFIC TERMS AND CONDITIONS
Bidder Approval. Thomas Industries, at their sole discretion, reserves the right to deny bidding privileges to any customer and may require a registration deposit prior to bidder approval. Complete contact and address must be provided for bidders to be approved.
Pending Bidding Status. Upon registering for the auction, bidder status may be posted as Pending and bidding privileges suspended. For information on bidder Approval or to provide a registration deposit contact Irina Lekhmus (email: email@example.com or Phone: 203-458-0709).
Currency: (USD). This auction will be conducted in United States currency (USD)
Buyer's Premium: 15%
Staggered Closing Times: Lots Have 60-Second Staggered Closing Times.
Auto Extend Bidding: If a bid is submitted with less than 3-minutes remaining, the closing time for that lot will be extended by 3-minutes.
Payment Due In Full: Thursday, November 9, 2017
Payment Types: Certified Check or Wire Transfer
As-Is Where-Is: All Items Are Sold "As-Is Where-Is" With No Warranty or Guarantee of Operating Condition. Auctioneer Strongly Recommends That Buyers Inspect Equipment Prior to Bidding.
Removal: All items must be removed by Friday, November 17 (NO EXCEPTIONS). Truck loading for all equipment will be provided by Pro Printing and Graphics. All removal is by appointment only. Successful bidders should contact Judy Peterson at 308-221-3188 to schedule the pickup of their items.
Removal Costs: Buyers are fully responsible for all cost to remove their purchases. Please get removal quotes prior to bidding and bid accordingly.
Legally Binding Contract: All bids constitute a legally binding contract and bidders will be legally obligated to make payment and remove items in accordance with the terms and conditions of the sale.
COMPLETE TERMS AND CONDITIONS
1. These Terms and Conditions apply to any sale of equipment made using live auctions, web-cast auctions or online auction events (each an Auction), including all post-Auction sales activity related to the equipment offered at Auction, all quotations, offers and acceptances for the sale of certain items of equipment (the Equipment) by buyers or potential buyers (the Buyer ), Thomas Industries (the Auctioneer), and the seller of such Equipment (the Seller) are hereby expressly conditioned upon and governed by these Auction Terms and Conditions. By participating in any Auction or purchase of Equipment hereunder, Buyer further consents to be bound any additional terms that may be imposed by the Seller or announced by Auctioneer. The Buyer agrees and acknowledges that its on-line electronic acceptance of these Auction Terms and Conditions is valid and enforceable and the equivalent to a signed written acceptance. Buyer further represents and warrants that such electronic acceptance was performed by a person with all necessary authority to fully bind the Buyer to these Auction Terms and Conditions.
2. Equipment offered may be subject to prior sale. Auctioneer is not responsible for errors, omissions, additions or deletions. Equipment offered may not necessarily be sold as described and/or photographed. Buyers should verify all aspects of their potential purchases during inspection as all items offered will be sold “as-is, where-is” with all faults.
3. Each potential Buyer must register at the auction site or online in the case of web-cast or online events before the Auction. Proof of identification may be required. In addition, each potential Buyer must submit in writing or electronically to Auctioneer a copy of these Auction Terms and Conditions signed or electronically agreed to by an authorized representative of Buyer prior to participating in any Auction, as well as copies of any tax exemption certificates that Buyer will rely upon to establish a tax exemption for any Equipment purchased hereunder. Buyer’s failure to provide copies of such certificates at registration may lead to the charging of otherwise applicable taxes on all purchases of Equipment hereunder. Seller or Auctioneer may, in their sole discretion, deny registration or the final purchase of any Equipment to any person or entity, which has not followed these procedures. No waiver of these requirements is effective unless agreed to in writing and signed by authorized representatives of each Buyer, Auctioneer and Seller.
4. Buyers will be responsible to pay a Buyer’s Premium on all purchases of Equipment. Each Auction has a project specific Buyer's Premium percentage which is posted on the main auction page and within the project specific terms and conditions. The Buyer’s Premium will be retained by Auctioneer.
5. A contract will be formed upon an offer having been expressly accepted by Seller through Auctioneer. Buyer will receive notice of Sellers acceptance of an offer, verbally during a live Auction, in writing or by an electronic transmission, including e-mail or fax, given to the Buyer by Auctioneer or Seller or at the address or other contact information provided by Buyer at the Auction (Buyers Contact Information ). Such acceptance will be complete and effective if transmitted electronically, upon completion of the last act necessary for the computer user creating the notice of acceptance to transmit the e-mail message to the Internet for delivery to the Buyer. Any means of written or electronic communication by Seller, the choice of which shall be solely at Sellers option, shall be sufficient for purposes of Sellers acceptance being effective in accordance with the foregoing. The Buyer assumes all responsibility for the accuracy and effectiveness of the address and any other of the Buyers Contact Information provided by Buyer and for the receipt of Sellers or Auctioneer communication of acceptance at any such address. All risk of loss during the transmission of Sellers or Auctioneer’ notice of acceptance or any other notice required or permitted under the Auction Terms and Conditions shall be borne by Buyer. Upon the acceptance of Buyers offer, the terms of the contract between Seller and Buyer will include the price to be paid, these Auction Terms and Conditions and the identifying information for the specific Equipment purchased by such Buyer. The Auction Terms and Conditions may only be modified in writing signed by authorized representatives of each the Buyer, Auctioneer and Seller.
6. Unless: (a) otherwise agreed in writing by the Seller and the Buyer; or (b) otherwise posted or announced by Auctioneer, all payments are due for Equipment purchased hereunder to Auctioneer, as directed, within 48 hours of the Auction (“Payment Date”). All payments must be made by wire transfer to the bank account identified in the cover letter attached to the invoice sent to Buyer by Auctioneer. All payments are to be in US Dollars only and each Buyer will be responsible for any fees charged by its bank for payment made hereunder. In the event a Buyer’s payment is not received by the Payment Date, Seller and Auctioneer may exercise any options under these Terms and Conditions, including, but not limited to, resale or other disposal of such Equipment pursuant to Section 11.
7. For any purchase in cash with a value of $10,000 or greater, the Buyer will be required to complete United States Treasury Department form number 8300. These forms are available from the Auctioneer or Auctioneer and must be completed and returned to the Seller as directed at the time of payment.
8. Each Buyer will be charged for all applicable taxes in accordance with the laws of the state and/or country where the purchased Equipment is located or as otherwise directed by Seller or Auctioneer. Buyer will be charged applicable taxes if Buyer did not provide at registration the tax exemption certificates that Buyer will rely upon to establish a tax exemption for any Equipment purchased hereunder. Similarly, if in Auctioneer’s reasonable business judgment, any such certificates provided by Buyer are not valid or applicable, Buyer shall be charged applicable taxes and the Equipment will not be released to Buyer until the Buyer has paid the final purchase price and all taxes as shown on the invoice from Buyer. Buyer agrees to defend, indemnify and hold Seller and Auctioneer harmless from any claims, liabilities, penalties, forfeitures, and associated costs and expenses (including attorneys fees and costs), which they may incur due to Buyer failing to pay all applicable taxes.
9. Each lot of Equipment sold via Auction may be offered subject to a reserve price with or without notice to each Buyer. The Seller or Auctioneer may, without giving any reason, refuse to accept the bidding of any Buyer. The Seller or Auctioneer may, at their discretion and without any liability, cancel without notice the Auction either totally or in respect to any particular lot or lots of Equipment or to alter, vary, or withdraw any lot or lots either before or at any time after commencement of the Auction and prior to acceptance of a bid. The Seller or Auctioneer shall have the right to offer a complete facility as a single lot. The advances in the bidding shall be regulated by Auctioneer. Auctioneer reserves the right not to acknowledge or accept any bid which is deemed a junk bid, in Auctioneer’ sole discretion. Auctioneer reserves the right not to acknowledge or accept any bid which is merely a fractional advance over the preceding bid, in their sole discretion. If, for any reason whatsoever, the Seller fails to deliver an awarded lot or any portion thereof, the Seller’s and Auctioneer’ sole liability shall be the return of any deposit or monies paid on such non-delivered lot or portion thereof, and Buyer shall have no further claim with respect thereto.
10. In the event of a tie or other dispute between Buyers, Auctioneer at its sole discretion may reopen the bidding to determine the highest bidder. Auctioneer’s decision shall be final and absolute. The record of sale kept by Auctioneer will be taken as final in the event of any dispute.
11. In the event the Buyer fails to make payment in full by the Payment Date, fails to remove Equipment by the Removal Date or otherwise defaults in its obligations regarding the Equipment purchased, Seller or Auctioneer may resell or otherwise dispose of such Equipment without notice to and at the Buyers sole risk and expense and recover from Buyer any loss and costs of resale, including reasonable attorneys fees and cost of suit. Seller or Auctioneer, at their sole option, may elect to retain for Seller all monies deposited in part payment by Buyer as liquidated damages and cancel Buyer’s agreement of purchase. Auctioneer is acting as an independent contractor retained by Seller and is not responsible for the acts of Seller or any other principals. Seller is not responsible for acts of Auctioneer or any of their service providers or agents.
12. Buyer shall examine or inspect equipment prior to the day of the auction. All equipment is used and is sold as-is, where-is and with all faults. Seller and auctioneer make no warranty, express or implied, as to the nature, quality, value or condition of any equipment. Auctioneer and seller expressly disclaim all warranties express or implied, including, but not limited to, any implied warranty of merchantability, non-infringement of third party rights or fitness for particular purpose. Buyer acknowledges and agrees that any sale is a sale of hardware items only and does not include any program code, software, firmware or data (“software”) whatsoever, in any form or medium, regardless of whether such software has been packaged with, installed on, integrated or imbedded into or otherwise included with the equipment. Any such software, and any copyrights, patents, trade secrets, trademarks or other intellectual property rights in such software and the equipment may be the property of the manufacturer of the equipment or one or more other third parties. No sale shall grant or convey to buyer any license or rights whatsoever in or to any such third-party software or intellectual property, and as a condition to any use thereof buyer agrees to obtain the appropriate licenses and authorizations from such third parties. No oral or written information or advice given by seller or auctioneer, or any representative thereof shall create a warranty or in any way increase the scope of this warranty. Buyer accepts the risks of use and except as otherwise stated herein such risks fall solely on buyer. In no event shall seller, auctioneer or auctioneer be liable for any indirect, special, incidental or consequential damages resulting from their performance or failure to perform under this auction or the furnishing, performance or use of any equipment sold pursuant hereto, whether due to a breach of contract, breach of warranty, strict liability, negligence or otherwise.
13. Seller and Auctioneer make no representation or warranty concerning the truth or completeness of information provided to Buyer regarding the Equipment subject to Auction. Photographs are provided solely for the Buyers convenience and shall not be construed to create representation or warranties of any kind pertaining to the Equipment. Buyer acknowledges that it has had the full opportunity to physically inspect all Equipment prior to tendering its bid and agrees that, to the extent that Buyer elects not to physically inspect the Equipment, that Buyer hereby expressively waives any right it may have, if any, to seek any recourse for any claim that such inspection would have revealed. Buyer waives any and all claims against Auctioneer and/or Seller relating to photographs or descriptions of such Equipment. And, while quantities and descriptions are believed to be correct, there are no guarantees and neither Auctioneer, Seller, nor their representatives will be held responsible for advertising discrepancies, inaccuracies or failure of the Equipment to correspond with any standard expected. No Equipment shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally by or on behalf of the Seller or Auctioneer. The description, measurements, dimensions, serial and Equipment numbers, year, model, quantities and weights set out in the auction brochures, catalogues and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, serial and Equipment numbers, year, models, quantities or weights or other particulars or the genuineness or authenticity of any lot of Equipment and neither the Seller or Auctioneer will be responsible for any damage or loss (consequential or otherwise) arising as a result of any inaccuracy in respect thereof.
14. All Equipment must be removed by the posted removal date. All removal is at the Buyer’s cost, unless otherwise noted. There shall be no removal of Equipment until the Auction is completed and the Buyer has paid in full the final purchase price, including the Buyers Premium and all applicable taxes. Auctioneer may restrict removal of Equipment in whatever manner they deem necessary in order to maintain the operation and security of the premises and Equipment. Buyer shall be responsible to completely remove all Equipment purchased and shall proceed diligently in the removal of the Equipment. Any Equipment not removed by the posted removal date may be subject to daily storage charges. No forklifts, tools or material handling equipment located at the auction site may be used by Buyers during removal. Auctioneer takes no responsibility or any liability resulting from claims for loss or damage to equipment due to removal by Buyer. Auctioneer makes no warranty about damage free transport and takes no responsibility or any liability resulting from claims for loss or damage to equipment during transport to Buyer’s location. During removal of Equipment, no liability can be accepted by the Seller or Auctioneer for any loss or damage arising from strikes, industrial disputes, war, acts of God, and other things beyond Seller’s or Auctioneer’ control.
15. Each Buyer or their agent should inspect the purchased Equipment at the Sellers applicable facility before the Equipment is removed from Sellers premises and determine the removal and shipping requirements of said Equipment. This may be done by the Buyer and/or their agent. Seller and Auctioneer take no responsibility for shortages or differences in piece counts or any liability resulting from claims for loss of or damage to and/or missing pieces of the Equipment upon arrival at Buyers destination.
16. Buyer shall assume that hazardous materials may have been used in the Equipment and that it may not have been completely removed and ensure that people coming in contact with the Equipment use proper protective equipment and clothing until the actual condition of the Equipment is determined. Buyer acknowledges having been notified that proper protective gear and clothing, and proper safety methods should be used at all times when handling and/or using the Equipment. If applicable, Material Safety Data Sheets for the hazardous materials listed will be provided upon written request. Buyer, for itself and for any other recipient on Buyers behalf, agrees that in the event the Equipment is transferred to a third party prior to being used by the Buyer or other recipient, Buyer will attach disclosure information, if applicable, to the Equipment and to the documentation covering the transfer of the Equipment. Buyer agrees to require that the disclosure information be continuously passed on to subsequent recipients until the Equipment has reached the final recipient or end user.
17. Buyer agrees that, upon taking possession of the Equipment, it will be Buyers responsibility and duty to inspect and monitor all Equipment on a continuing basis, to provide proper safety devices and Equipment and all means necessary to safeguard the operator from any harm for any particular use or operation or setup of the Equipment. Buyer accepts full responsibility for any further duty to adequately install, operate or safeguard all Equipment and meet all applicable government safety standards, which may be imposed from time-to-time.
18. Buyer shall bear all risk of loss, property damage, environmental damage and personal injury caused by removal and transportation of Equipment purchased hereunder. Seller warrants that upon Seller’s receipt of the payment of agreed purchasing price from Auctioneer, title and risk of loss or damage will pass to Buyer. A certificate of insurance reflecting adequate insurance coverage, holding Auctioneer and Seller harmless against any damage must be furnished to the Seller prior to such removal. Buyers obligations with regard to removal of Equipment purchased further include the obligation to repair and restore any damage to the real property or permanent improvements where the Equipment is located caused by the removal of Equipment. This includes repairing any external openings created by such removal where the item removed constituted a portion of the external shell of the building, i.e., a tank that protrudes through the roof. In the event of any question, Seller shall make the final determination as to what repairs Buyer must make. In the event any of the repairs described herein are necessary they must be made, if possible, prior to the Equipment being removed. Buyer agrees to defend, indemnify and hold Seller and Auctioneer harmless from any claims, liabilities, penalties, forfeitures, and associated costs and expenses (including attorneys fees and costs), which they may incur due to Buyers purchase or use of the Equipment.
19. Buyer must remove Equipment from Seller’s location by the designated removal date. The removal date (“Removal Date”) will be determined and agreed to by Seller and Buyer, subject to Seller’s de-installation schedule, unless an exception is posted at the Auction sale, online in the case of web-cast Auction events or announced by Auctioneer, or an arrangement is made between Seller and Buyer and approved in writing by Seller and Buyer. Any Equipment not removed by Buyer from the Sellers storage location by the Removal Date will result in Buyer being in violation of these Auction Terms and Conditions, giving Seller and Auctioneer the right to exercise any options under these Terms and Conditions, including, but not limited to, resale or other disposal of such Equipment. Seller reserves the right to charge a late charge of $500.00 per day, plus additional expenses incurred by Seller, or Auctioneer to remove, resell or dispose of such Equipment.
20. In the event of problems resulting from online or webcast auction software malfunctions, internet connection disruptions or other computer related malfunctions, Auctioneer reserves the right to cancel any sale. Auctioneer at its sole discretion may reopen the bidding to determine the highest bidder. Auctioneer’s decision shall be final and absolute. The record of sale kept by Auctioneer will be taken as final in the event of any dispute.
21. Certain items of Equipment offered for sale at the Auction may constitute Restricted Technology. Under federal law, such items may not be shipped outside of the United States. Seller and Auctioneer make no representation or warranty concerning, and has conducted no investigation to ascertain the Equipment, if any, that constitutes Restricted Technology. Buyer acknowledges and agrees and further represents and warrants that: (i) it is solely responsible for determining all licensing/legal requirements and obtaining all licenses and legal authorizations required to purchase, import or export any Equipment; (ii) it will not request or make any regulatory certifications or applications in the name of or on behalf of Seller or Auctioneer; (iii) it will not, unless specifically authorized by appropriate government license or regulation, transfer, export or re-export, directly or indirectly, any Equipment, including without limitation any technology, software, or components purchased hereunder or its direct product to any countries or to their assimilated entities (i.e. Embassies, Consulates, Controlled In Fact Entities) or to the nationals of any country which are subject to the United States or other countries export control laws and regulations, as applicable, including the Export Administration Regulations. Such restricted countries include, but may not be limited to, Afghanistan, Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria, as well as any other country subject to restriction under applicable laws and regulations; (iv) it is not located in, under control of, or a national or resident of any such country; (v) it and any party it represents are not legally barred from buying, exporting or importing Equipment and that it and any party it represents are not identified on any end-user list maintained by the United States government, including but not limited to the following lists: Debarred Parties List (U.S. Dept. of Commerce); Denied Persons List (U.S. Dept. of Commerce); Entity List (U.S. Dept. of Commerce); Unverified Users List (U.S. Dept. of Commerce); Specially Designated Nations List (U.S. Dept. of Treasury, Office of Foreign Asset Control); and/or Parties of Non-Proliferation Concern List (U.S. Departments of State and Commerce); (vi) it will not use the Equipment in any activity related to the development, production, use or maintenance of "Weapons of Mass Destruction" including without limitation, uses related to nuclear, missile, and/or chemical/biological development; and (vii) it will not transfer, export or re-export, directly or indirectly, the Equipment to any third party engaged in any such activity. Buyer agrees to defend, indemnify and hold Seller, Auctioneer and Auctioneer harmless from any claims, liabilities, penalties, forfeitures, and associated costs and expenses (including attorneys fees and costs), which they may incur due to Buyers failure to comply fully with all applicable federal, state, and local laws and regulations, and the laws and regulations of other countries to the extent that such may be applicable, including, but not limited to, the export control laws of the United States of America or other applicable countries.
22. This shall be a Connecticut contract and shall be deemed to have been made in Connecticut. Any claim relating to the contract or to the sale or use of the Equipment shall be governed by and construed in accordance with the laws of the State of Connecticut (regardless of the laws that might be applicable under principles of conflicts of law). The terms and provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly agreed to be not applicable to any contract between Buyer and Seller relating to the Equipment.
23. Any Dispute shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall be conducted in Connecticut. The arbitration shall be conducted by a single arbitrator, selected in accordance with the applicable rules of the association. Any award rendered by the arbitrator may be entered as a judgment or order and confirmed or enforced by either the Buyer or the Seller in any state or federal court having competent jurisdiction thereof. If these terms and conditions are found not to be subject to arbitration, the parties knowingly and willingly waive any right they have under applicable law to a trial by jury in any dispute arising out of or in any way related to this agreement or the issues raises by that dispute.
24. These Auction Terms and Conditions along with the price to be paid as accepted at the Auction, the identifying information for the specific Equipment purchased by such Buyer, and any other specific terms and conditions relating to the removal/crating/shipping of such Equipment as disclosed by Seller or Auctioneer represent the entire agreement between the parties as to the subject matter hereof.
25. In the event of a conflict between these Auction Terms and Conditions and any other agreement, understanding or other document relating to the sale of the Equipment, these Auction Terms and Conditions shall govern.
26. All sales transactions are to be conducted in US Dollars.
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.