Auction Terms & Conditions
Legal Notice : There is a 15% default penalty with a minimum of $500 that will be charged to the buyer for non performance of the purchase. Have your financing and inspections done prior to bidding. Musick Auction and/or sellers reserve the right to pursue legal remedy within 10 days . By placing a bid , the bidder understands it cannot be retracted and agrees to this Legal Notice.
1. All purchases must be paid in full within 72 hours of the auction closing. Acceptable methods of payment are cash, debit card, cashier's check, MasterCard, Visa, Discover cards or wire transfers. Titled vehicles require CERTFIED FUND PAYMENT (cash, debit card, cashiers check from bank institution). Money orders are not accepted. Payments by credit card will have an additional 5% buyer premium. Payments received after close of business on the third business day following the auction will be charged a 10% late payment fee with a minimum charge of $2.50 and a maximum fee of $25, unless arrangements are made between buyer and auction company prior to the auction closing.
2. No sale shall be invalidated by reason of any defect of the lot or inaccuracy in any of the lots by reason of their being incorrectly described in the catalog or elsewhere and no liability shall be by the Auctioneers in respect of any such faults or errors. Catalogs have been prepared only as a guide based on information from sources generally believed to be reliable and from the consignor but the accuracy thereof cannot be guaranteed or warranted by the Auctioneers. Bidder acknowledges that it is his responsibility to inspect all equipment and to make his own inquiries.
3. Unless prior arrangements are made, miscellaneous items left after 7 days following Purchaser's payment will be considered abandoned and sold for storage. Titled vehicles will be charged $25.00 per day following the Auction. Vehicles left outside the security gate longer than 1 week following the auction will be towed at owners' expense.
4. The highest bidder shall be the purchaser and no bidder shall retract his bid. ALL BIDS MADE IN U.S. DOLLARS. All sales are final. All buyers must register and agree to the following terms and conditions prior to bidding.
If the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction, and having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance. Auctioneer reserves the right to bid on behalf of Buyers, Seller and/or Secured parties.
5. Any dispute arising as to any bid shall be settled by the Auctioneers at their sole discretion and at the Auctioneers' discretion, the Auctioneer may immediately put the lot in the dispute up again for sale with the original purchaer responsible for sale fees, no sale fees and any deficit in sale price
6. The Auctioneers shall have the right to consolidate or break down lots, or to offer a complete facility as a single lot. Auctioneers reserve the right not to acknowledge or accept any bid which is merely a fractional advance over the preceding bid. The Auctioneers retain the right, without notice, to withdraw any lot or lots, prior to sale of said lots.
7. The Auctioneers assume no responsibility for any liability once bid is accepted. Merchandise "as is" with all faults. Purchasers are advised to pre-arrange for insurance coverage of their purchases.
Ownership title passes upon the fall of the Auctioneer's gavel and/or ending of online bid and thereafter the property is at the risk of the buyer and neither the seller, nor the auctioneer shall be responsible for loss or damage.
8. Titles are processed in accordance with the Idaho DMV. Rules in the State of Idaho may differ from rules in other states and may require further processing by the buyer. Units that do not require titles in Idaho may have such requirements in other states. The auctioneer/owner is not responsible, and may not be able to in some cases provide documentation required by other states.
9. All applicable sales or excise taxes will be added to the purchase price of all taxable items unless the buyer files with the Auctioneers proof of exemption from all such taxes in a form satisfactory to the auctioneers. If there is a buyer's premium, the tax is applied after the combined total.
10. The purchaser shall not be entitled to possession of any of his purchases until total purchase price of all his purchases has been fully paid and in the event the purchaser fails to pay the full purchase price for any lot within the prescribed time or fails to comply with any other terms of sale, the Auctioneers shall retain the possessory lien on all lots of the purchaser, and have the right to resell such lots by public or private sale without notice of any kind to the Purchaser. Any deficiency arising upon the resale, together with all expenses thereof, shall be paid by the purchaser. Any auction deposit shall be retained by the Auctioneers for application against such deficiency. Forfeiture of the deposit does not release the buyer from full payment.
11. All cost and the responsibility of such removal shall be borne by the purchaser. The Auctioneers reserve the right to require proof of adequate insurance coverage from any purchaser of lots requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both the Consignor and Auctioneers against any damage caused by the act of Purchaser and/or his agents in connection with the dismantling or removal of any lot. If removal of said lots requires licensed contractors, buyer agrees to the hiring of said contractor who can provide proof of adequate insurance coverage.
12. All lots must be removed within the time announced or posted at sale. At Purchasers' sole cost and risk, and only in a manner approved by the Auctioneers. If for any reason the purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned and the Auctioneers, at their sole discretion, may resell per paragraph 8 above or removed and store the said lots at Purchasers' sole risk and expense. In addition, Purchaser shall be liable for any rent incurred or damages suffered by the Auctioneers because of Purchasers' failure to remove any lot within 10 days.
13. If for any reason whatsoever, the Auctioneers' are unable to deliver any lot, or any necessary documentation required in respect of any lot, the Auctioneers' sole liability, if any shall be the return of any monies paid on such lot.
14. Except as herein set out there shall be no guarantees or warranties expressed or implied, statutory or otherwise of any nature whatsoever. Each and every item will be sold "As Is, Where Is", with all faults. ALL SALES ARE FINAL. CONDITION OF LOTS: Bidders shall examine or inspect items prior to the day of the auction. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. neither Seller nor Musick Auction Services MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. Musick Auction Service & Seller EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No allowance will be made for errors in cataloging, genuineness, defects, or imperfections not noted.
CLAIMS: No claims will be allowed after the said item has been removed from the premises.
15. Bidder acknowledges that an auction site is a potentially dangerous place with noxious, corrosive and pressurized substances being present, heavy equipment being operated and electric circuits being live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his own risk with notice of the condition of the premises, the activities on the premises and the conduct of the third parties and the Bidder shall so advise his agents and employees. No person shall have any claim against the auctioneers, their agents, employees, sellers, owners or principals for any injuries sustained or for damages to or loss of property which may occur from any causes whatsoever.
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.