Auction Terms & Conditions
Please go to LOT 3000 and print and sign the Terms and Conditions and return to Autoinfo@thcauction.com
NOTE TO THE BIDDER: This is a legally binding agreement. Please read it thoroughly. If you have any questions, please bring them to the attention of the staff before bidding. Please sign at each X.
1. LIMITATIONS AND DISCLAIMERS
(A) Each lot is consigned to Thomas Hirchak Company (hereinafter referred to as THCo) by the Seller shown on the Bill of Sale. Seller is the disclosed principal of THCo, and THCo acts as the exclusive agent of Seller. Each lot is sold "AS-IS, WHERE-IS", with all faults and defects, and with all errors of description. Buyer understands that: (I) any and all information concerning any lot is provided b) Seller; (2) THCo does not make any representations or express any opinions of its own concerning any lot; (3) THCo does not examine any lot or any component of any lot, research the title documents for the lot or verify any information provided by the Seller, nor does THCo undertake any duty to do any of the foregoing for the benefit of the Buyer or anyone else. Buyer acknowledges that THCo's only duty toward Buyer is to release the lot and the title documents "AS-IS, WHERE-IS", upon full performance by Buyer under this Agreement and at times specified in this Agreement. Except with regard to such duty, Buyer hereby waives and releases THCo from and against any claim, demand, liability or expense on any kind arising out of our relation to any lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or any breach of warranty. Buyer agrees not to join THCo as a defendant in any action or proceeding arising directly or indirectly out of the condition of the lot or any alleged representations concerning the lot, and further agrees to look solely to the Seller with respect to such matters.
(B) THCo disclaims all warranties, expressed or implied, concerning the lot, including the warranties of merchantability or fitness for any particular purpose(s). Buyer represents that the amounts bid for any lot are based solely on buyer's own independent inspection and evaluation of the lot. As a material inducement to this agreement: (I) Buyer has undertaken to make its own examination of any lot before bidding; and (2) assumes all risk of any non-conformities in any lot. Buyer further acknowledges that it has not relied upon any assumptions regarding THCo's knowledge concerning the lot or the Seller nor upon any representations by THCo, including without limitation any representations as to condition, year or age, serial or identification number, make, model, mileage, equipment, genuineness or authenticity, originality, previous use or ownership, manufacturing or restoration processes of any lot or any component of any lot.
(C) All statements contained in any catalogs, brochures or advertisements of any type pertaining to the sale, including without limitation any statements concerning condition, genuineness or authenticity, origin or provenance, previous use of ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage of any lot or of any component of any lot, are either expressions of opinion or are for ease of identification only, and they are not to be relied upon by Buyer as representations of fact. Buyer assumes all risks associated with any nonconformity if any lot or any component of any lot and, as a condition of Buyer's participation in this Auction, Buyer represents that it will conduct any inspections and examination necessary to satisfy itself of all material facts before making any bid.
(D) Neither THCo or Seller, or any agent, employee or representative of THCo or Seller has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any lot. In any event, THCo acts solely as Seller's agent, and THCo assumes no liability) for any affirmations, representations, warranties or guarantees made by Seller to Buyer.
(E) All sales are with reserve unless a lot is explicitly offered without reserve. THCo hereby gives notice that it has the liberty to make, procure and receive bids on the Seller's behalf. The auctioneer and/or the consignor reserves the right to advance the bid until the reserve is met.
(F) All sales may be subject to Buyers Premium which will be added to the final bid price to determine the total purchase price. Please refer to the schedule of Buyer's Fees. Bidder understands that they must pay a sum equal to that shown on the Buyer's Fee Schedule for any vehicle or article purchased at this Auction, prior to this Auction, or after this Auction, and that this fee will automatically be included in the final purchase price and is payable without relief to THCo. Buyers Premium may change from time to time without notice.
(G) All sales are subject to the"Light System'' which is noted on your catalog and successful bid receipt. Please refer to the description of Light System.
(A) Buyer shall be required to place a minimum 25% deposit or $200 of the total purchase price on each lot at the time the Auctioneers pronounces it sold, in form approved by THCo prior to bidding. Balance of payment shall be due and payable in cash or certified funds at THCo Williston, Vermont office no later than 5 p.m. on the Tuesday following the Saturday Auctions and 5 p.m. Friday following the Wednesday Auctions. All lots are sold subject to the posted buyer's fees.
(B) Should I default upon my purchase in any manner. I agree to pay THCo the full sum equal to 25% of the total purchase price, this sum due and payable without relief. I agree to pay any court costs, attorney fees, collection cost, storage, etc., incurred by the THCo and/or the Seller. This in no way releases the Buyer from any and all financial responsibility regarding said purchase.
(C) Buyer will be required to pay all applicable taxes or fees levied by any authority unless THCo receives satisfactory exemption, to be determined in THCo's sole discretion.
3. PASSING OF TITLE
(A) Upon the Auctioneer's call of "SOLD," the title of the offered lot will pass to the highest bidder acknowledged by the Auctioneer, subject to the conditions set forth herein, and such bidder thereupon (a) assumes full risk and responsibility therefore and neither the Seller nor the Auctioneers shall be responsible for the loss of, or any damage to any article due to theft, fire, breakage or any cause whatsoever, however occasioned, (b) will sign a confirmation of purchase thereof, and (c) will thereupon pay the full deposit thereof. All property must be removed from our premises by the Purchaser at their expense not later than the first Thursday at 5 p.m. following the Saturday Auctions and the first Friday at 5 p.m. following the Wednesday Auctions. If it is not so removed, a handling charge of $10.00 per day per lot will be payable by the purchaser, until it is removed. After 30 days, THCo may dispose of the property as it sees fit. Purchaser hereby waives all requirements of notice, advertisement and disposition of proceeds required by law, and releases THCo from any liability whatsoever in connection with such disposal of property.
(B) Vehicles/Lots, titles and/or bills of sales will only be released in the case of cash purchases. In all other cases, Vehicles/Lots and/or bills of sales will only be released after all other forms of payment (cashier checks, traveler checks, money orders and company and personal checks accompanied with a "Bank Letter of Guarantee") have cleared THCo bank account.
(C) THCo catalogs every lot based on information provided by the Consignor/Seller, but does not independently verify that information. Every lot is sold "AS-IS, WHERE-IS" and no refund or credits shall be issued. All sales are made without recourse. Purchaser has relied entirely and solely upon his own examination of the article being purchased, and further acknowledges that the article is sold in "AS-IS, WHERE-IS'' condition and without any warranty of merchantability, fitness for the intended use and without any warranty whatsoever, express or implied.
(A) In the event that buyer breaches these terms and conditions of sale or fails to consummate the sale for any reason, Seller and THCo, in addition to and not in lieu of any rights available at law or in equity, may: (I) compel specific performance and hold buyer liable for the purchase price, (2) resell any lot by public or private auction for the buyer's account and risk, after 15 days written notice to Buyer at Buyers last known address, and hold Buyer liable for all damages, including the difference between price paid and resale price, THCo's full commission on the bid price, all costs of resale (including commissions), and consequential damages; (3) retain the lot and hold buyer liable for the difference between the purchase price and the fair market value, and/or (4) cancel the sale and retain all payments made by the buyer as liquidated damages.
(B) Buyer's sole and exclusive remedy shall be an action for actual damages against Seller. Buyer shall have no right to revoke acceptance of any Jot after the fall of the hammer and Buyer shall have no right to maintain any action for consequential damages.
(C) Title Attached: In the event THCo cannot deliver title to Buyer within ten business days following the Auction, THCo's sole responsibility shall be return of any deposit and purchase money received for the lot, provided it is returned to THCo in condition as purchased.
Buyer agrees that if it acquires or if any related entity or person acquires, within one (I) day of the Auction date or so long as it is on THCo's lot, any lot consigned to the THCo Auction that is not sold through the Auction for any reason (such as a sale or an after sale) buyer will be obligated jointly and severally with the seller for the immediate payment to THCo of a commission in the amount of the total buyer's fee and seller's fees as scheduled for the Auction, based on the selling price of the lot. All yards sales must go through the Auction office.
6. BUYER'S FEES
Lots selling for less than $500 = $50; $500 to $999 = $75; $1,000 to $1,999 = $100; $2,000 to $4,999 = $125; $5.000 to $6,999 = $150; $7,000 to $9,999 = $200; $10,000 to $11,999 = $250; $12,000 to $19,999 = $325; $20,000 to $29,999 = $450; $30,000 to $39,999 = $600; $40,000 to $49,999 = $700; $50,000 & over = $800.
7. CONDITIONS OF THE SALE
The above stated Terms and Conditions of Sale cannot be altered except in writing by THCo.
I have read, understand and accept all Terms and Conditions of Sale.
X __________________________________ ___/___ / ____/
REVISED OCTOBER 1, 2017
Online Auto Auction Bidder Terms and Conditions
Purpose: As a member bidder at Thomas Hirchak Company("THC") you agree to be bound by the Online Auto Auction Bidder Terms and Conditions set forth herein and the Thomas Hirchak Company Williston Auto Auction Terms and Conditions of Sale. THC reserves the right to amend these terms and conditions at any time without prior notice.
Member bidder warrants that Member Bidder is legally eligible to purchase vehicles and Member bidder wishes to attend and/or otherwise participate in the Auction Sales conducted by THC and voluntarily agrees to the Terms and Conditions permitting such participation. Private Bidder Member Eligibility: Bidders may sign up at THC if you are at least 18 years of age and can produce a valid US photo identification card at time of registration. Buyer MUST register through THC Online Auction system in order to receive a bidder paddle. Auction Company will accept your registration once all terms and conditions are met. If applicable Member Bidder will permit Auction Company to capture or otherwise acquire Member Bidder's signature in digital or electronic form and specifically authorizes Auction Company to apply the Bidders signature to Auction Sale Documents.
Buyer's Registration: If you are a private individual, your credit card must be registered with THC prior to being accepted as a bidder. If you are a successful bidder on a vehicle, there is a 25% required minimum deposit at time of sale. You must make arrangements with Auction company for the immediate processing of the deposit. If deposit is not made within 30 minutes after the auction gavel falls and car is clerked, the vehicle will be rerun and bidding privileges will be revoked. This deposit shall be immediately applied to any successful bid. Any remaining balance, is due in cash or certified funds by the end of close of business the second day after the auction in full together with any buyer's premium. In the event the balance due is NOT paid by the Payment Due Date, Auction company may a) deduct money from any fees it may owe to customer, b) retain possession of any vehicle owned or controlled by the customer; c) withhold title documentation until all amounts are paid or d) cancel the transaction to which the amount owed relates and revoke all bidding privileges.
Dealers that are already registered and approved with THC, MUST have a signed blank check on file with THC in order to bid. NEW DEALERS must have a completed Dealer package, signed terms and conditions and leave a signed blank check on file in order to bid. If a dealer is the successful bidder and uses the check on file it is the dealers' responsibility to ensure that a new check is on file prior to the next auction. In the event a dealer uses AFC, NextGear AutoUse or VAC, it is the dealers' responsibility to inform THC of the floor plan company and sign the auction receipt stating such authorization within 24 hours of sale. No vehicle or transfer documentation will be released until payment is received.
Dealers may authorize additional buyers to place bids on their behalf. The completion of the additional authorized bidder request form is included in the dealer registration package. There is no additional fee to activate these additional bidders however, Dealers are responsible for the actions of their representatives. Our system will not prevent multiple bidders from the same
company from bidding against each other during the auction. All bidders assume full responsibility for each of their own bids including anyone from their own organization.
Please notify Auction Company in writing upon the revocation of any authorized bidder representative.
Bids: Once a bid has been submitted it cannot be retracted, deleted or cancelled.
Payment: Payment for vehicles may be made in cash, cashiers check, wire transfer or money order. PAYMENT IN FULL IS DUE WITHIN TWO WORKING DAYS OF THE AUCTION. No Exceptions. Inspection of all vehicles sold Green light must be made and completed by 4pm on the second working day after the auction. Bidders refer to light system guidelines on website.
If the Green light vehicle is not inspected prior to Tuesday at 4PM, they waive all rights that are granted under the light system.
Fees: Member Bidder acknowledges each vehicle is sold subject to the THC Buyers Premium schedule and any applicable Buyer's Internet bid fee, storage, late payment, relist and other fees may apply at each THC auction and may vary by location. These fees may be subject to change without notice. Bidders are solely responsible for ascertaining fees applicable to a THC auction prior to bidding. Vehicles not picked up 3 business days following the auction will be assessed a storage fee of $10.00 per vehicle per day. These fees are payable in cash only and will not be released until all fees are paid in full. After the vehicle has been at THC facility for 15 days and the towing and storage fees have not been paid, the vehicle will be considered abandoned and THC will process the vehicle according to applicable law. Vehicles may only be picked up during yard hours. Under no circumstances will a vehicle be placed outside of the gated yard for pickup. Bidders are urged to pickup vehicles immediately after the sale.
Bidder registration: Bidders must register before each and every auction. THC reserves the right to reject or void bids for any reason. If a dispute should arise regarding a bid, THC is the exclusive deciding authority in resolving disputes. Bidders agree to indemnify, defend and hold THC harmless from any and all liability arising out of decisions made resolving disputes. THC may in its sole discretion and with or without notice postpone, cancel or withdraw a vehicle from a sale. Floor bids will prevail over virtual bids of an equal amount. In the event of a virtual tie bid between two or more bidders the first bid received on line will be deemed the high bidder. If bids: If a bidders bid has been accepted within one hour of the conclusion of the auction the bidder will be obligated to purchase the vehicle. This does not apply to repossessed vehicles. Bidders will be obligated to purchase repossessed vehicles upon confirmation by the lending institution. After two business days after the auction if the lender has not confirmed or rejected the high bid the bidder may excuse the high bid. If the lending institution accepts within that two business day period, the high bidder will be obligated to purchase the vehicle.
THC does not guarantee that any vehicle sold can be legally registered in any state or country. Bidders accept all risks associated with variations in vehicle and title registration laws between state, provinces and countries. THC and its seller(s) expressly disclaim the accuracy or completeness of any and all information provided to bidders. Bidders shall not rely on a vehicles information in deciding on whether or how much to bid on a vehicle. It is the sole responsibility of the bidder to confirm, research, physically inspect and investigate the vehicles and any vehicle
information prior to bidding. Bidders assumes all risks of loss for all vehicles purchased from THC. THC will not be responsible for any damage to or loss of parts from acts of theft, vandalism or acts of God. Once a vehicle is removed from a THC premises it is accepted AS IS. Once a vehicle is removed, under no circumstances will THC be liable for any claim(s) whatsoever. Under no circumstances including negligence, shall THC be liable for any special, incidental or consequential damage or lost profits that result from or are related to the sale, distribution or issue of the inability to use any vehicle, even if THC has been advised of the possibility of such damages
Release of Liability and indemnification: Bidders, their guests or representatives irrevocably and unconditionally waive and release their rights, if any, to recover from THC, its directors, officers, employees, agents, subsidiaries, partners, affiliates and vehicle seller any and all damages, losses, liabilities, costs, expenses, or claims there of whether direct or indirect, known or unknown, foreseen or unforeseen which may arise from or be related to bodily injury, property damage or other occurrence of loss which occurs on THC premises, including but not limited to off-site auctions. THC makes no warranty, stated or implied that this service will meet your needs. Any material downloaded or obtained thru the use of this service is done at your own risk. THC is not liable in any form for any damage to your computer system or loss of data. No information whether written or oral obtained by you shall create any warranty. Neither THC nor any internet access providers are responsible for incorrect or inaccurate information. Bidders understand that there may be delays, omissions, interruptions, inaccuracies and or other problems with the information, products and services published over the site. THC cannot guarantee the uninterrupted performance of any audio, video or internet feed.
Internet Preliminary Bidding: During the preliminary Bidding period on the online auction system, Members may register and submit bids electronically. The highest Preliminary bid at the start of the simulcast auction competes with the virtual bidders onsite until the highest bid possible is declared.
Will Call/On-Approval Vehicles: Vehicles Sold "Will Call/On Approval" such as bank repossessions will not be released to Member Bidder until the acceptance of the highest bid by the Seller is provided to THC. This may take up to two business days for the seller to respond. Member Bidders acknowledge acceptance of the terms and agree to honor their bid until its acceptance or rejection is determined, not to exceed 3 business days.
Removal of Vehicles: Vehicles MUST be picked up within 3 working days after the auction sale. If not picked up within the specified timeframe, storage fees will be charged per day/per vehicles. Vehicles must be picked up during auction yard hours, Monday -Friday 8-5PM. THC requests and encourages member bidders to pick up their Vehicles as soon as possible. THC will not recognize nor be responsible for any theft or damage to the vehicle after the vehicle has been awarded to member bidder.
Disclosure Conflicts: Information regarding the description or condition of a vehicle may come from several different sources, which occasionally may result inconsistent or incorrect disclosure information. Unless otherwise stated, disclosure conflicts will be resolved in the following order a) auctioneer announcements from the block b) specific disclosure in announcements as stated in
auction catalog c) damage or conditions clearly visible in photographs of vehicle in the catalog d) disclosure in a disclosure report (if available).
Sale Cancelation: THC may, at its on discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from sale. THC will have no obligation or liability to Members as a result of such withdrawal, cancelation or postponement.
Tie Bid Policy: Onsite Simulcast bids prevail over online preliminary bids of equal amount.
Removal: ALL VEHICLES PURCHASED ONLINE MUST BE REMOVED FROM THC PREMISES BY THE FOLLOWING WEDNESDAY AT 4PM, NO EXCEPTIONS.
I have read and agree to the terms and conditions as stated in this ONLINE AUTO AUCTION BIDDER TERMS and CONDITIONS.
Bidders Signature: X _______________________________________
Name/ Business or LLC on BOS/ODO/Title as: _______________________________________
Email Address: _______________________________________
Date:___/___ / ____/
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.