Auction Terms & Conditions
The following terms and conditions apply to all auctions conducted by United Country Heard Auction and Real Estate, it's employees, agents, and assigns(Auctioneer), and any participants, their employees, agents, and assigns(Bidder), in said auctions, unless otherwise stipulated by the Auctioneer within any additional terms and conditions specifically expressed in regard to any single auction.
By registering for, and participating in, this auction, Bidder acknowledges these terms and conditions, and consents to abide by them, as well as any other/additional terms and conditions expressed specifically elsewhere within any auction listing.
Terms and Conditions:
1. GENERAL AUCTION INFORMATION
a) ALL ITEMS on the auction sell subject to the Auction Co.'s acceptance or rejection of the high bid.
b) All items sold at auction conducted by Auctioneer are sold strictly on an "as-is where-is" basis (shipping, packing, and/or loading are not included).
c) Auctioneer and/or its consignor(s) reserve the right to add, delete, or alter any auction item prior to the opening of the auction.
d) Neither the Auctioneer, nor its consignor(s), will recognize, or be held liable for, any claims for theft, damage, or loss once an item has been awarded and Bidder payment has been received.
e) Auctioneer DOES NOT SHIP ALL items. Bidder is responsible for any/all shipping costs assessed by auctioneer, when available. All non-shipped items must be picked up from auction site by Bidder, or authorized Bidder representative, at designated date and time. See Auction Info for specific auction details.
f) Items not picked up by Bidder, or authorized Bidder representative, within stipulated time frame, regardless of payment, will be subject to a storage rate of ($10) per item, per day, and may be re-sold, at Auctioneer's sole discretion, to pay for storage costs.
a) All sales are final and no sale shall be invalidated. There are no returns or refunds, and credit payments cannot be reversed.
b) A ten percent (10%) Buyer's Premium will be applied to ALL purchases.
c) ALL internet/online purchases may be subject to a per-item internet/handling fee. Auctioneer will list this fee, when applicable, in the payment information section of the auction listing.
d) All funds are to be paid in USD. Bidder is responsible for, and agrees to pay, all duties, custom, taxes, and any other fees associated with the purchase of any item.
e) Bidder agrees to pay for all items before removing any items from auction site.
a.) All purchases must be paid in full by end of auction. Acceptable method of payment is by credit card. All funds will be paid in USD. (10%) Buyer's Premium will be applied to ALL purchases.
b.) Bidder is responsible for, and agrees to pay, all duties, custom, taxes, and any other fees associated with the purchase of any item. All sales are final and no sale shall be invalidated. There are no returns or refunds, and credit payments cannot be reversed.
c.) All buyers will be charged 9.5% tax on all items purchased.
4. ITEM DESCRIPTIONS
a) Neither the Auctioneer, nor its consignor(s), make any guarantees, warranties or representations, expressed or implied, with respect to the property being sold, except as to the warranty of title. All implied warranties of merchantability, and/or fitness for purpose, are specifically disclaimed by the Auctioneer and its consignor(s).
b) Specifically, neither the Auctioneer, nor its consignors, makes any representation or warranty of any kind, expressed or implied, with respect to any of the following characteristics of property: age, authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size, quality, quantity, rarity, value exhibitions, historical references or significance, medium, material, culture, or source origin.
c) All information within any catalog, sale bill, auction listing, advertising, website, or elsewhere is offered to the Bidder as a statement of opinion only. It is not intended to contain statements of fact for which the Auctioneer or its consignor(s) may be held liable. This disclaimer of liability on the Auctioneer's part applies whether the information is included in any catalog, sale bill, or website, and extends any advertisements, announcements, or communications through our representatives, bills of sale, or elsewhere, and regardless of whether written or oral.
d) Neither the Auctioneer, nor its consignor(s), shall be responsible for the correctness or accuracy of descriptions or other information in any catalog or elsewhere. The Bidder assumes full responsibility to inspect and to evaluate the property to its, his, or her, complete satisfaction prior to any bid or purchase. The Bidder agrees to make an independent judgment about the property, the property's value, and/or property descriptions or any other information about the property, and to bid accordingly.
e) The Auctioneer may, without in any way diminishing any disclaimers of liability contained in these terms and conditions, and elsewhere, mention within the description of an item or lot, some significant damage, though this may or may not include all faults, imperfections, and/or restorations.
f) The Bidder agrees not to base a bid solely upon information provided by the Auctioneer, or its consignor(s).
5. ONLINE AUCTIONS
a) Auctioneer shall not be responsible for internet outages, service disruptions, data lag, or other failures of Bidder's bid placed via the internet. Auctioneer may or may not honor such adversely affected bid attempts, at Auctioneer's sole discretion.
b) Auctioneer reserves the right, at Auctioneer's sole discretion, to cancel and/or reopen the auction in the case of system failures.
a) Safety of operation of any electrical or otherwise powered devices or items sold is not warranted, or guaranteed, in any way. Auctioneer recommends that all electrical or otherwise powered items sold be checked, installed, and or operated by a licensed electrician or other appropriate technician.
b) Items sold could, or could not, meet current, or any other, safety standards. Certain items could subject the operator or installer to various hazards, including, but not limited to, non-polarized plugs, lack of grounding conductors, and/or guards missing, malfunctioning, or not acceptable by modern safety standards. Bidder assumes all responsibility to check with appropriate authorities having jurisdiction regarding any/all local codes regarding such devices. Bidder assumes any and all liability for any installation and/or operation of any item purchased.
c) Vintage items are sold with a primary use as collector's items, solely intended for display purposes only and, as such, are not recommended for any other practical use. Vintage items could, or could not, meet any safety standards, could be coated with lead paint, could contain lead, or could be made entirely of lead, and also could contain phthalates, or present choking hazards. Bidder agrees, in compliance with the Consumer Product Safety Improvement Act, to buy vintage items as collectibles for display purposes only, and with no intention of using them, selling them to be used, or of allowing them to be used otherwise. Bidder further agrees to assume all liability and responsibility, and to hold harmless the seller and/or the Auctioneer, in the event of injury, harm, or death to anyone as a result of improper use of any item purchased at auction. Bidders must be over 18 years of age.
d) Bidders, agree that they, and their guests, are attending the auction sale at the Bidder's own risk, exclusively, and agree to indemnify, save and hold harmless the Auctioneer, and its seller(s) and/or consignor(s), from any and all accidents and/or injuries they may receive while attending the auction sale and/or during pickup of auction items.
7. PARTIAL PAYMENT/ NON-PAYMENT
a) Any Bidder who does not pay in full upon presentment of an auction invoice is subject, at the discretion of Auctioneer or its consignor(s), to being barred from any future participation in auctions conducted by Auctioneer.
b) Auctioneer reserves the right to void an invoice if payment in full is not received within specified time limits. In cases of nonpayment, Auctioneer's election to void a sale does not relieve the Bidder from its obligation to pay the Auctioneer's fees (seller's and buyer's premium) due on the lot(s), and/or any other damages pertaining to the lot(s).
c) In the event that Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable State of Oklahoma law.
d) If any auction invoice submitted by Auctioneer is not paid in full when due, the unpaid balance will bear interest at the highest rate allowed by law from the date of invoice until paid. Any invoices not paid when due will be subject to a three percent (3%) late fee on the invoice amount, or three percent (3%) of any installment that is past due, should payment be accepted on a past-due invoice.
e) If Auctioneer refers any invoice to an attorney for collection, the Bidder agrees to pay all attorney fees, court costs, and/or any other collection costs incurred by Auctioneer. If Auctioneer assigns collection to in-house legal staff, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
f) In the event a successful Bidder fails to pay any amount due, Auctioneer, at its sole discretion, reserves the right to sell the lot(s) securing the invoice to any under-bidders in the auction in which the lot(s) appeared, or in subsequent private or public sale, or to re-list the lots in a future auction conducted by Auctioneer. The defaulting Bidder agrees to pay for the reasonable costs of resale (including a 35% seller's commission, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is further liable to pay any difference between his/her/its total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s), if sold at private sale, or the subsequent hammer price of the lot(s), less the 35% seller's commission, if sold at an Auctioneer's auction.
g) Auctioneer shall have a lien against the merchandise purchased by the Bidder to secure payment of the auction invoice. Auctioneer is further granted a lien and the right to retain possession of any other property of the Bidder then held by the Auctioneer or its affiliates, to secure payment of any auction invoice or any other amounts due the Auctioneer or its affiliates from the Bidder.
h) With respect to payment of auction invoices, the Bidder waives any and all rights of offset he/she/it might otherwise have against the Auctioneer and/or the consignor of the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any credit balance due the Bidder, and it may secure, by possessory lien, any unpaid amount by any of the Bidders property then held in the Auctioneer or its affiliates' possession.
a) Auctioneer shall designate the winning bidder after each item is auctioned. Should any dispute arise between two (2) or more Bidders, regarding any matter, Auctioneer reserves the right, and the Bidders grant Auctioneer the right (solely at Auctioneer's discretion), to re-open bidding on the item in question, and/or to resolve any/all questions through the identification, or designation, of the winning bidder and/or the amount of the winning bid.
b) Auctioneer and Bidder hereby agree to submit any dispute between Auctioneer and Bidder, arising out of, or relating to, this agreement, to an arbitration panel of three (3)neutral person selected by Auctioneer. If Bidder disapproves of the panel, Bidder shall, within ten (10) days after receiving notice of selection of the panel, initiate arbitration before the American Arbitration Association (AAA), using its rules for commercial arbitrations, with the exception that all AAA fees shall be paid by Bidder.
c) If Bidder fails to timely initiate arbitration through AAA, or to pay AAA fees and costs, Auctioneer my resume arbitration through a neutral arbitration panel selected by Auctioneer.
d) The decision of arbitration will be final and binding on all parties.
9. LEGAL ACTIONS
a) Notwithstanding anything contained in this agreement to the contrary, Auctioneer hereby reserves the right to seek any action against Bidder in a court of competent jurisdiction
b) Any action or suit of any kind relating to this agreement must be commenced within one (1) year from the date when the cause of action or claim accrued, or it shall be forever barred. The right of action or suit shall accrue, and the one year limitation shall begin to run, at the date upon which the breach, damage, or injury is sustained, and not when the resulting cost, damage, harm, or loss is discovered.
c) Auctioneer shall not under any circumstances be liable to Bidder for any consequential damages to Bidder, and Bidder shall not hold Auctioneer liable for failure of any successful Bidder to complete transaction.
d) Bidder agrees to be responsible for any and all attorney's fees and/or collection fees incurred by seller or Auctioneer as a result of any disputes or actions brought on by Bidder with regard to any auction or auction item.
10. SALES TAX
a) When sales tax is applicable, Bidder agrees to pay the Auctioneer the actual amount of tax due in any event where sales tax is not properly collected due to an expired, inaccurate, inappropriate tax certificate or declaration, or due to any incorrect interpretation of the applicable statute, or due to any other reason.
b) When sales tax is applicable, the appropriate forms or certificate must be on file with, and verified by, the Auctioneer five (5) days prior to auction, or sales tax must be paid. Only if such form or certificate is received by the Auctioneer within four (4) days after the auction, can a refund of sales tax paid be made. Lots originating from different auctions may not be aggregated for sales tax purposes.
c) Any motor vehicles offered for sale or subject to any and all applicable state titling and tax laws. Bidder agrees to be responsible for complying with these laws.
11. GOVERNING LAW & JURY WAIVER
a) This agreement shall be governed by, and construed in accordance with, the laws of the State of Oklahoma, and any action or proceeding arising hereunder shall be brought in the courts of the State of Oklahoma.
b) if any such action or proceeding arises under the Constitution, laws, or treaties of the United States of America, or if there is a diversity of citizenship between the parties hereto, so that suit may be brought in a United States District Court, it shall be brought to the United States District Court in Arapaho, Oklahoma.
c) The invalidation of one or more terms of this agreement shall not affect the validity of the remaining terms.
d) Auctioneer and its seller(s) hereby waive the right to any jury trial in any action, proceeding, or counterclaim in connection with this agreement brought by either party against the other party.
Except as expressly provided to the contrary herein, each section, part, term and/or provision of this agreement shall be considered severable; and if, for any reason any section, part, term or provision herein is determined to be invalid, unenforceable or contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the future operation of, or have any other effect upon, such other sections, parts, terms and provisions of this agreement as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the parties hereto; and said invalid or unenforceable sections, parts, terms or provisions shall be deemed to be replaced with a provision that is valid and enforceable and most merely reflects the original intent of the invalid or unenforceable provision.
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.