Auction Terms & Conditions
ONLINE AUCTION TERMS AND CONDITIONS
WELCOME TO UNITED AUCTION GROUP - LIVE/INTERNET AUCTIONS ARE AN EXCITING WAY TO BUY ITEMS AT GREAT PRICES! WE HOPE YOU HAVE A GREAT TIME, AND MAKE SOME TRULY OUTSTANDING PURCHASES.
READ THE TERMS AND CONDITIONS CAREFULLY. IT IS IMPORTANT THAT YOU FAMILIARIZE YOUR SELF WITH THE TERMS AND CONDITIONS AS ALL SALES ARE FINAL AND IRREVOCABLE. BY ACCESSING THE SITE AND OR BY PARTICIPATING IN THE AUCTION (ONLINE AND OR IN PERSON), YOU AGREE TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VILOATE ANY OF THEM, HOPSON AUCTION COMPANY, OR AGENTS, AND AUCTIONEERS MAY SEEK LEGAL ACTIONS. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTIONEER OR AUCTIONEERS.
*** DO NOT BID UNTIL YOU HAVE READ ALL THE TERMS AND CONDITIONS ***
o Registration is free. Although a VALID credit card will be required to verify identity and funds.
o This is online only auction and staggered ending times may apply on certain lots and or items, which is defined as follows: if a bid is placed within last few minutes of the close of bidding, then another three (3) minutes period commences from the time of the last bid until no bids are placed within the next three (3) minutes. THE LAST BID SHALL BE MADE FINAL. The auction company reserves the right to close early or extend auctions at any time at its discretion.
INSPECTION / DESCRIPTION OF ITEMS
o Inspection of items, you must be local and or willing to travel at your own expense. The inspection must be agreed upon by Auctioneer and Seller. Inspection times agreed upon must be between 9-4 Monday thru Friday, (See Notes on each Online Auction for Preview Dates and Pick up Dates).
o ALL ITEMS OR LOTS ARE SOLD AS IS WHERE IS WITH NO WARRANTY OR PEXRESSED, OR IMPLIED, OR FITNESS FOR A PARTICULAR REASON AND NO FINANCING, INSPECTION OR OTHER CONTINGENCIES TO SALE, ABSOLUTLEY NO REFUNDS. The Auctioneer and or Auction Company shall not be responsible for the correct description, authenticity, genuineness, or defect in any lots or items and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error, imperfection, defect and or damage. Any description or representation are for identification purposes only and are not to be construed as a warranty of any type.
BUYERS PREMIUM AND PAYMENTS / SALES TAX
o BUYERS PREMIUM: A buyer's Premium of 15% will apply and is in effect for any transaction using Credit Cards or Company Debit Cards (Visa, Master Card, Discover, Amex). There is a 3% Discount for cash and or Cashier's Checks, Money Transfer will be charged a $20.00 Fee for Each wire transfer.
o Payment to be made at conclusion of the auction with buyer's credit card unless the buyer contacts United Auction Group prior to auction ending. Absolutely NO personal checks. We will be Accepting Cash, Wire Transfer and Credit Cards. In the event your account is turned over to collections, you will be responsible for the original invoice amount plus interest, collection fees and / or attorney's fees.
o All items are taxable, United Auction Group is required to collect sales tax on all taxable items sold, unless a buyer has a current resale and exempt certificate. YOU MUST EMAIL the completed Resale and or Tax Exempt certificate before the close of the Auction. Any questions or information regarding tax laws in the State Of Texas you should consult an attorney and or visit the website WWW.COMPTROLLER.TEXAS.GOV .
SHIPMENT / REMOVAL OF ITEMS
o Local pick up only. See Special Pick Up Dates as they are Auction Specific!
PLACING A BID
o You are entering into binding contract by placing a bid. THERE ARE NO REFUNDS OR BID CANCELATIONS. The registered Bidder is personally responsible for any bids placed under that Bidder's bidding number and password. The bidder is solely responsible for security of their own password and bidder number. If at any time the Bidder feels that their information has been compromised they are to notify the Auctioneer immediately.
o If the bid IS ACCPETED, Bidder is under a legal contract to purchase. Placing a bid on this SITE that is accepted, and then the bidder not paying for the merchandise is illegal in most states and prosecution can result. Any Bidder who fails to consummate a purchase will be BANNED from bidding at ALL future auctions and may be pursued for civil/criminal violations. The Auctioneer, Owners/Sellers reserves the right to accept or reject any and all bids, in its sole and absolute discretion. If you are the winning bidder and you do not show to pick up your items during the designated pick up times you will forfeit your items and we will charge your card on file. If your credit card declines we will fine you $50.00 and BAN you from all future Auctions. ABSOLUTLEY NO REFUNDS!
o Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer, their employees, officer, owners, affiliates, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgements, fees, cost and expenses (including reasonable attorney's fees and expenses) related to, arising from or associated with the use of the site by bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items/lots, any breach or violation by bidder of this site user agreement or any use by bidder of the site or as a result of a dispute with another bidder.
o These Terms and Conditions constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer. The Auctioneer has the discretion to terminate it at any time without notice, in Auctioneer's sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, the Bidder's only recourse is to immediately discontinue use of the Auctioneers Auction site.
ALL AUCTIONS WITH RESERVE:
o All auctions of United Auction Group are with reserve. Per the Auctioneer Administrative Rules of the Texas Department of Licensing and Regulation, an auction "with reserve" is one in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. Sellers reserve the right to bid on all auctions. Auctioneers and their employees reserve the right to bid on their own or the Seller's behalf.
CLAIMS AND DISPUTES
o United Auction Group and its Affiliates are not 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 understands that the auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of a malfunction on the site and or a software malfunction United Auction Group and Auctioneer may void any sale, temporarily suspend bidding and resell any lots or items affected by the malfunction. The decision of United Auction Group and or Auctioneer is final.
o The Terms and Conditions and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas, the venue for such dispute shall be in Collin County. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. These Terms and Conditions sets forth the entire understanding and agreement between United Auction Group and Bidder, with respect to the subject matter hereof.
United Auction Group
Steve Hopson / Auctioneer
430 S Main Street
Grapevine TX 76051
License # 17534
Email: [email protected]
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.