Auction Terms & Conditions
TERMS AND CONDITIONS OF SALE
Auctioneer means any person who conducts an auction by calling for bids and declaring Lots sold.
Bidder means any person who bids for a Lot.
Bidders Registration Form means a name and address form to be obtained from the Auctioneer and completed before auction commences.
Buyer means any person or party who successfully bids for a Lot.
Buyers Premium means an amount payable by a Buyer in addition to the sale price calculated at a rate set by the Auctioneer, advertisements or as displayed in the auction rooms.
Legislation means the Occupational Safety and Health Act (1984) and the Occupational Safety and Health Regulations (1996).
Lot means any item or items marked as a lot or described as a lot by the Auctioneer.
Plant and Equipment includes vehicles, machinery, mechanical, electrical and electronic equipment, tools, fixtures, appliances, implements and any component or fitting thereof or accessory thereto.
Seller means any person or party who sells a Lot.
Computer Hardware means the mechanical and electronic components of a computer including monitor, keyboard and desktop or tower case.
Software" means the programs and other operating information used by a computer.
2 PUBLIC LIABILITY
2.1 Persons attending the auction site, before, during or after the auction do so solely at their own risk. The Auctioneer, his or her agents, employees or principals shall not, in any way be liable for any injury sustained to any persons or for any damage to or loss of property howsoever caused.
2.2 All persons attending the auction site under the age of 16 years are required to be in the care of and under the supervision of an adult.
3.1 Prior to the auction each Bidder shall complete a Bidders Registration Form.
3.2 Upon the request of the Auctioneer or his or her clerk, a Buyer may be required to provide his or her full name and residential address immediately.
3.3 A Buyer shall be deemed to purchase as a principal unless at the time of sale or at the time of completing the Bidders Registration Form the Buyer:
a) discloses to the Auctioneer that he will be bidding on behalf of a principal and shall supply the full name and address of that principal: and
b) gives to the Auctioneer a copy of a written authority to bid for and on behalf of that principal.
4 HIGHEST BIDDER DEEMED TO BE THE BUYER
4.1 Subject to any reserve price, the highest Bidder for each Lot shall be the Buyer.
4.2 Subject to condition 5 below, the entry of the Buyer's name in the record or book kept by the Auctioneer or his or her clerk shall be binding upon the Buyer and such record or book, together with these conditions, shall constitute the whole of the contract between the Auctioneer and the Buyer and as between the Buyer and the Seller.
5 DISPUTES AS TO BID
If a dispute arises as to any bid, the Auctioneer shall, at his or her absolute discretion, either determine the dispute immediately or resume the bidding at the last undisputed bid. In either case the dispute must occur before the next Lot is offered for bids.
6 AUCTIONEER AND SELLERS RIGHTS
The Auctioneer and the Seller reserve the following rights which may be exercised by the Auctioneer without giving any reason therefore:
a) Not to offer for sale any Lot or part of any Lot described in the catalogue;
b) To offer two or more of the Lots described in the catalogue as separate Lots for sale together as one Lot;
c) Should such Lots referred to in b) not be sold to a successful bidder, to offer such Lots as separate Lots;
d) To withdraw any Lot or Lots from sale;
e) To refuse to accept a bid or bids from any person or persons;
f) To refuse admission to or eject from the auction site any person or persons;
g) To refuse to accept any bid for a lot being less than a sum nominated from time to time by the Auctioneer;
h) To keep secret the existence and amount of any reserve price of a Lot prior to the close of bidding or withdrawal from sale of the Lot;
i) In the event that any Buyer shall successfully bid for more than one Lot at the auction
i) To appropriate any moneys received from that Buyer in satisfaction or partial satisfaction of the purchase price due in respect of any one or more of such Lots to the total or partial exclusion of amounts due in respect of any other such Lot or Lots as the Auctioneer shall see fit; and
ii) To elect at any time to treat each contract for the sale of each Lot as independent of each other and default under any such contract shall be default under any such contracts;
j) To bid on behalf of any prospective Buyer with or without disclosure;
k) In the event that any Lot is not sold at the auction to offer to sell the same immediately after the auction by private sale but otherwise subject to these conditions; and
l) To permit the Seller to make one or more bids for any Lot
7.1 On the fall of the hammer, the Auctioneer may require and the Buyer shall pay to the Auctioneer or his or her clerk, by cash or bank cheque, a deposit of 20% of the purchase price for the Lot purchased.
7.2 If a Buyer fails to pay the deposit the Auctioneer may put the Lot up for bidding and resale and the defaulting Buyers bid shall not be taken again at the resale.
7.3 If the resale price is lower than the price obtained on the first sale the difference in price shall be an amount recoverable by the Auctioneer and Seller as a debt due and payable by the Buyer.
8 FAULTS AND MISDESCRIPTION
8.1 A sale shall not be invalidated by reason of any fault or defect in a Lot and the Buyer remains bound to take delivery without any allowance or reduction in the purchase price.
8.2 A sale shall not be invalidated by reason of an error or misdescription in the catalogue or elsewhere as the quantity, measurements, specifications or quality of a Lot and the Buyer remains bound to take delivery without any allowance or reduction in the purchase price.
8.3 The Auctioneer and the Seller make no warranties either express or implied, other than those implied by Common Law or Statute the exclusion of which would render this condition void or voidable or which would constitute an offence by the Auctioneer or the Seller.
8.4 No warranty, either express or implied, is given by any verbal affirmation made by the Auctioneer.
8.5 The Auctioneer or Seller is not liable to pay compensation to a Buyer for any fault or defect in a Lot or for any error or misdescription or for any missing part or quantity.
8.6 Bidders must satisfy themselves by inspection or otherwise as to the nature and authenticity of a Lot and accept the same with all faults, latent or patent.
9 LOTS AT BUYERS RISK
9.1 From the fall of the hammer each Lot is at the Buyers risk. The Auctioneer and the Seller shall not be accountable for any deficiency, damage or loss, which may occur thereafter.
10 REMOVAL OF LOTS
10.1 At the Buyer's own cost, the Buyer shall remove the Lot within the time frame specified by the Auctioneer or by no later than 4pm on the next business day following the sale whichever is the earlier.
10.2 The Buyer shall not remove a Lot during an auction.
10.3 The Buyer is fully responsible for the expense and risk of the removal of a Lot and for any damage to property or injury to persons caused by themselves, their agents or employees which occurs during the removal of a Lot.
10.4 Any part of a Lot which a Buyer does not remove within the time frame specified in 10.1 may be thereafter removed by some person, firm or company engaged by the Auctioneer and stored at the auction site or elsewhere, at the discretion of the Auctioneer. Such removal and storage shall be deemed to be made at the request of the Buyer and all costs incurred by the Auctioneer shall be recoverable by the Auctioneer and the Seller as a debt due and payable by the Buyer.
10.5 The disconnection of any gas or electrical services from any piece of Plant or Equipment carried out during the removal of a Lot must be performed by a competent and qualified tradesperson.
11 PAYMENT FOR LOTS
11.1 Prior to the end of the auction or any time thereafter specified by the Auctioneer, the buyer shall pay to the Auctioneer the full purchase price for the Lot including any applicable sales tax, any other government tax or any Buyer's Premium.
11.2 The purchase price and any part thereof, shall be paid by cash or bank cheque.
11.3 Any balance of the purchase price shall be paid by the Buyer to the Auctioneer within the time period required in these conditions to take delivery of the Lot and the Buyer shall not be entitled to require the delivery of the Lot until the purchase price has been paid in full.
11.4 The Auctioneer and the Seller reserve the right to restrict access to the Lot prior to the Lot being paid for in full.
11.5 Title to the Lot shall not pass to the Buyer until all cheques are cleared by the Auctioneer's Bank.
12 BUYERS DEFAULT
12.1 If the Buyer fails to comply with any of the above terms the deposit or any monies paid shall be forfeited without notice to the Buyer, to the Auctioneer and the Lot in respect of which the default has been made may be resold by public or private sale or disposed of if no longer of commercial value.
12.2 The defaulting Buyer shall pay all the expenses arising from the default including the cost of any removal, warehousing, advertising, commission and resale of the Lot. This amount may be recovered by the Auctioneer or Seller as a debt due and payable by the Buyer.
12.3 If the price obtained on the resale is lower than the price obtained at the original sale, the difference in price may be recovered by the Auctioneer or Seller as a debt due and payable by the Buyer.
12.4 Without limiting the generality of the foregoing the Auctioneer is entitled to recover from the Buyer;
a) a sum for expenses and charges incurred by the Auctioneer in connection with or incidental to the auction and in respect of any resale;
b) the amount of any applicable commission or Buyer's Premium;
c) any applicable sales tax or any other government tax or fee relating to or arising from the sale of the Lot or part thereof.
13 OCCUPATIONAL SAFETY AND HEALTH OBLIGATIONS
13.1 The Legislation imposes obligations, such as providing and maintaining a safe work environment and preventing exposure to and protection from hazards, on persons who use or operate plant in a workplace and on employers whose employees use or operate plant. If the Buyer intends to use plant purchased at this auction at a workplace then it is the responsibility of the Buyer to inform themselves of these obligations.
13.2 Unless otherwise stated, the plant sold at this auction has not be assessed or inspected by a competent person and it may or may not be affected by faults or defects, which make it unsafe for use. It is the responsibility of the Buyer to ensure assessment and inspection by a competent person.
13.3 The Buyer is warned that items not previously assessed or inspected by a competent person may be suitable for scrap or spare parts only.
13.4 The Legislation requires that owners of plant maintain safety and health information and records. The Auctioneer will pass on to the Buyer all information made available to them by the owner but the Auctioneer does not warrant that the information and records are complete. It is the responsibility of the Buyer to familiarise themselves with all relevant information and records.
14.1Unless specifically provided, any sale of computer equipment at this auction is intended to be the sale of Computer Hardware only.
14.2 If the sale of any computer equipment includes Software, the Software may be the subject of a Software License Agreement. A copy of this agreement may be obtained from the Software manufacturer or the Seller.
14.3 If the Software is not capable of being assigned with the Computer Hardware, the Buyer acknowledges that any use of the Software may be a breach of the Software license agreement.
14.4 If the Software is capable of being assigned with the Computer Hardware, the Buyer acknowledges that they are bound by the terms and conditions of the Software license agreement and that such conditions may restrict the use of the Software.
15 TIME TO BE THE ESSENCE
Time shall be of the essence in the sale of any Lot and in the performance of the above terms and conditions.
TERMS ARE STRICTLY CASH OR BANK CHEQUE BEFORE DELIVERY.
ALL ACCOUNTS PAYABLE IMMEDIATELY AFTER SALE.
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.