Auction Terms & Conditions
*ALL HIGH BIDDERS MUST PICK UP AND PAY FOR ITEMS WEDNESDAY Dec. 6th BY 6:00PM. NO EXCEPTIONS.
1. A 13% BUYERS PREMIUM will apply to each item. 3% Discount will be given if payment is received in cash or bankable check. 6% Idaho sales tax will be applied to all sales. (For more information see paragraph 9)
2. All purchases must be paid in full on day of sale in US DOLLARS ONLY. Auction sales are strictly for cash, bankable business or personal check, PayPal, Visa, Master Card, or Debit/Card. All sales are final at the close of the internet bidding. Payment is encouraged to be made at auction site 2895 N Holmes Idaho Falls, Id following bid closing. Payments or arrangements must be made on the day of the completion of the auction. If late payment is made a penalty of $25.00 (Twenty Five Dollars) or 5% (Five Percent) whatever amount is greater will be accessed. Any items not paid for on the day of auction completion without payment arrangement will be considered abandon. Items will be sold to the highest bidder on the following auction and your account will be closed and canceled. We will have the right to collect on the invoice balance if applies. Items purchased must be removed by Wednesday Dec. 6th by 6:00pm following the sale, unless other arrangements have been made. There will be a $30.00 (Thirty Dollar) returned check fee and a hold will be placed on bidders account until all monies owed are satisfied. (See paragraph 15 for more information)
3. All items are offered for sale As-Is, Where-Is with no warranty expressed or implied as to condition, authenticity or era of any described item. All items are offered for sale to the highest bidder and the bidders must establish to their own satisfaction the authenticity and condition before bidding. All sales are final, no refunds, NO exceptions! The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral or written statements made by Owner/Seller or Auctioneer concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot's nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed in the catalog or otherwise provided by Auctioneer or Owner/Seller. Bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. The Auctioneer or Auction House assumes no responsibility for errors in the catalog, advertising or on the part of the bidder.
4. BIDDING ONLINE ONLY. All items offered for sale in this auction will be offered for sale by online auction only and there are no presales. We accept only bidding online. If you do not have access to a computer but wish to bid then you may come to our location at 2895 N Holmes Idaho Falls, Id where there will be a computer set up for the public to use to register and place bids. The staff will be able to assist you in creating an account and placing the bid on any items. ALL registered bidders must have approval from auctioneer to place a bid on an item that is greater than $1,000.00 (One Thousand Dollars). Bid approval notification will be sent automatically to auctioneer if a bid greater than $1,000.00 (One Thousand Dollars) is placed.
5. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.
6. The highest bidder online will prevail. The Auctioneer reserves the right to refuse ANY bid not believed to be in good faith. Should any disputes arise between bidders the decision of the Auctioneer in the exercise of judgment as to the successful bidder WILL BE FINAL. No bidder shall retract a bid. You will be suspended or permanently banned from ALL Bighorn Auction Company's Auctions if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from ALL (online & live) auctions conducted by Bighorn Auction Co. if you are the successful Bidder and you do not honor your auction bid.
7. Bidder agrees that when using the Maximum Bid feature during an online auction, you use it according to the specifications the Auctioneer has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works. Our auctions also use a "soft close" feature. WHAT IS A "SOFT CLOSE"? -As in a live auction, the bidding doesn't close until the bidders stop. -Lots are scheduled to close in 10 (Ten) second intervals starting at 6:00pm MST. If you are outbid on a lot in the last two minutes of the auction, the bidding time will extend for an additional 2 minutes on that lot. This allows you time to place another bid if so desired. -Other lots throughout the catalog will continue to end; even when time on one lot is extended. Place your max bids early for your best chance of winning!
8. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.
9. Idaho Sales Tax is payable by all buyers liable to tax. All Dealers must provide a valid resale number upon registration and fill out Idaho ST-101 form PRIOR to bidding for Tax Exempt Status.
10. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN MERCHANDISE OR HAVE ANY AGENT BID ON THEIR BEHALF. If the Auctioneer recognizes such bidding or is advised of the same he may withdraw any or all lots consigned by the offender and will publicly recognize that consignor.
11. If for any reason, the auctioneer is unable to deliver any lot, or any necessary documentation required in respect of any lot, the auctioneer's sole liability, if any shall be the return of any monies paid on such lot.
12. Shipping is available, please make prior shipping arrangements. Delivery and/or shipping, costs will be sole responsibility of buyer. Bighorn Auctions will assist in loading, packing and shipping to the best of our ability for a nominal fee. These arrangements must be made prior to bidding.
13. THE ACCEPTANCE OF HIGH BID BY THE AUCTIONEER CONSTITUTES A LEGAL AND BINDING CONTRACT WITH THE BUYER AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE UNDER IDAHO STATE LAW.
14. Bighorn Auction Co. does not offer User access to any User-provided information considered by us as being confidential user information. This information includes: telephone numbers, credit card or bank account data and any other user-provided information we may include at our sole discretion. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information.
15. Pick-up of any auction items must be completed no later than time allowed unless prior arrangements have been made. We will consider any items not picked up before time allowed to be abandon and will be sold on the following auction. Funds will be paid to storage of $10 (Ten Dollars) per day starting after the allowed pick up date. A removal and labor charge of $25 (Twenty-Five Dollars) will be applied if items are not picked up within allowed times. IF YOU CANNOT PICK UP ITEMS ON SALE COMPLETION DATE PLEASE MAKE SATISFACTORY ARRANGEMENTS AND FEES WILL BE WAIVED. THANK YOU! WE APPRECIATE YOUR BUSINESS!
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.