Auction Terms & Conditions
For Pictures, Drawings, Prints and Miniatures, the Terms used in this catalog have the meanings ascribed to them below. Please note that all statements in this catalog as to Authorship are made subject to the provisions of the TERMS AND CONDITIONS OF SALE:
1. "ARTIST NAME" (The artist's first name or names and last names)
In our opinion a work by the artist.
2. Attributed to "ARTIST NAME"
In our opinion a work of the period of the artist which may be in whole or part the work of the artist.
3. Circle of "ARTIST NAME"
In our opinion a work of the period of the artist and closely related to his style.
4. Studio of; Workshop of "ARTIST NAME"
In our opinion a work possibly executed under the supervision of the artist.
5. School of "ARTIST NAME"
In our opinion a work by a pupil or follower of the artist.
6. Manner of "ARTIST NAME"
In our opinion a work in the style of the artist, possibly of a later period.
7. After "ARTIST NAME"
In our opinion a copy of the work of the artist.
This term and its definition in this glossary is a general statement as to Authorship. While the use of this term is based upon careful study and represents the opinion of our employees, Transcend Auctions Ltd. and the Seller assume no risk, liability or responsibility for the authenticity of any lot in this catalog described by this term.
The provisions of these Terms and Conditions of Sale shall govern any proposed or actual transaction between Consignor ("TRANSCEND AUCTIONS LTD.") and the prospective buyer/bidder ("Bidder"). TRANSCEND AUCTIONS LTD. is acting as agent for the person who has consigned the property to TRANSCEND AUCTIONS LTD. for sale, whether as principal, owner or agent ("Consignor").
1. All funds are in USD. Buyer's Premium of 20% and HST/PST/GST (for Canadian bidders) are added to all winning lots.
2. The descriptions of items offered by TRANSCEND AUCTIONS LTD. ("Property"), including artist, title, medium, size, date of execution, provenance, exhibition history, inclusion/reproduction within literature sources, attribution and genuineness, are subject to change leading to the final sale of said Property (including the process during which bidding is active for the Property during TRANSCEND AUCTIONS LTD. online auctions). Descriptions of Property provided by TRANSCEND AUCTIONS LTD. are not meant to stand as a representation to Bidders and no guarantee or warranty of complete accuracy of the provided descriptions is intended or should be assumed. Bidders are provided the opportunity to view and inspect all Property offered for sale by TRANSCEND AUCTIONS LTD. through public and/or prearranged private viewings prior to a sale's completion. No sale shall be rescinded due to a lack of correspondence between the provided description of the Property by TRANSCEND AUCTIONS LTD. and the Property itself, including the illustration of the Property provided by TRANSCEND AUCTIONS LTD. It is the sole responsibility of a Bidder to make arrangements for the inspection of the Property of interest (by the Bidder itself and/or by the Bidder's advisers) prior to sale, and to bid in accordance to this actual inspection and/or reliance upon their advisers' guidance. All submitted bids are final. Removal or alteration of submitted bids is not permitted during the course of any auction.
3. All items in the auction are available for preview during specific hours or by appointment prior to sale. Everyone is encouraged to examine the items prior to bidding. Transcend Auctions Ltd tries to describe the items to the best of our ability but all property is sold as is, where is with no warranty as to condition or authenticity of the items. There are no refunds, no exchanges and no credit given for any items purchased. No written or verbal statement given by any employee of Transcend Auctions Ltd shall be taken as a guarantee or warranty as to the authenticity or the condition of the item. All comments given by employees at Transcend Auctions Ltd are given as opinion only. No verbal or written description shall be taken as express or implied warranty. Transcend Auctions Ltd offers no representation or assumption of liability and gives no warranty as to the age, condition or authenticity of any items. All such warranties are waived. Unless noted otherwise, all items have some natural wear including scratches, chips, etc. Measurements on paintings and pictures are image size.
4. The Bidder who has successfully bid on Property (the "Successful Bidder") confirms that any claims relating thereto shall be claims against Consignor, without recourse to TRANSCEND AUCTIONS LTD. TRANSCEND AUCTIONS LTD. represents the Consignor exclusively and makes no representation or warranty, express or implied, regarding legal title or ownership of the Property offered by TRANSCEND AUCTIONS LTD. and has relied upon the Consignor confirming same to TRANSCEND AUCTIONS LTD., without further independent investigation. The Bidder shall be solely responsible for satisfying itself of the legal title or ownership of the Property and liens or encumbrances affecting same and the capacity of the Consignor to sell the Property offered. However, notwithstanding the stipulations listed above, the Successful Bidder may make arrangements for a recognized and fully-qualified authority, who is accepted by TRANSCEND AUCTIONS LTD., to inspect the Property prior to collection by the Successful Bidder from TRANSCEND AUCTIONS LTD.'s premises.
5. TRANSCEND AUCTIONS LTD. is pleased to offer a service of providing condition reports on the lots which are offered through its auctions. Please note that these reports are matters of opinion and are prepared by TRANSCEND AUCTIONS LTD. specialists and are not a substitute for a physical inspection of the artwork by the Bidder or their advisors. TRANSCEND AUCTIONS LTD. specialists are not trained restorers and the provided condition reports are not meant to equal a comprehensive report created by a professional restorer. The reports provided by TRANSCEND AUCTIONS LTD. are meant to provide assistance to the Bidder through observations of the artwork and the report will not disclose any imperfections which might be revealed through the process of subsequent restoration. In all cases, the Bidder is advised to consult their own conservator for a complete report with regard to condition (TRANSCEND AUCTIONS LTD. is happy to provide access to the artwork by conservators through public previews and private pre-arranged appointments). Bidders should be aware that TRANSCEND AUCTIONS LTD.'s warranties with regard to the Property offered through their auctions are limited to the terms listed in the Terms and Conditions of Sale and in no case extend to the condition of the artwork.
6. Estimates given are of market value and are in place in order for the buyer to make an assumption as to what may be expected as the final hammer price of a particular item. The lower estimate may be the reserve price. Estimates do not include the buyer's premium. Estimates are prepared some time before the auction and may be edited to reflect changes in the market or information discovered in regards to the item. All changes to the items within the auction shall be announced before the sale. By bidding you have agreed that you have inspected the item, waived your right to inspect the item or have hired an independent agent to inspect the item on your behalf.
7. All sales are subject to TRANSCEND AUCTIONS LTD.'s Terms and Conditions of Sale. Bidding is available via online, absentee (written or online), phone in or live in house bidding. A 20% Buyer's Premium will be added to the hammer price of all purchases through the auctions except LiveAuctioneer.com or Invaluable.com websites which will add a 22% Buyer's Premium. The Bidder acknowledges that TRANSCEND AUCTIONS LTD. may collect a commission and associated fees through its agreement with the Consignor of a lot included in a TRANSCEND AUCTIONS LTD. auction.
8. Payment: All items must be paid for within 5 business days. Transcend Auctions Ltd will contact and send an invoice to all winning bidders via email at the end of each auction. If a buyer fails to contact Transcend Auctions Ltd. within 5 business days following the sale, the credit card used to secure the bid will be charged the full invoice amount. Transcend Auctions Ltd. reserves the right to hold the item(s) until all cheques are cleared or until you contact us to confirm the mailing address. We do not accept PayPal!!
9. Absentee bids can be arranged by completing an Absentee Bid Form or by visiting and bidding on Ontario.Hibid.com - Contact us to receive this form. All bids must be secured with a credit card number. All absentee bids will be executed in a fair and ethical manner. Although every effort will be made to execute absentee bids, Transcend Auctions Ltd will not be held responsible for failure to execute the bids and is not liable for any losses that occur as a result of failing to execute the absentee bid. When identical bids are made at the same time, the floor bid will take precedence. Absentee bids will be rounded down to the nearest appropriate bidding increment.
10. Live Internet Bidding is available during the auction. Transcend Auctions Ltd. cannot be held liable for live bids that are not sent, received or executed by the administrator. If you choose to bid online, keep in mind that there is a delay in the time the bid is received so bid quickly. Many bids are lost due to time taken to submit the live internet bid.
11. Purchases completed through TRANSCEND AUCTIONS LTD. auctions are not represented to necessarily include copyright allowances to the Successful Bidder for the purchased Property.
12. TRANSCEND AUCTIONS LTD. reserves the right to withdraw any Property from sale for any reason whatsoever and without liability. This withdrawal may occur up to the close of bidding for the Property. TRANSCEND AUCTIONS LTD. also reserves the right to divide lots of Property into smaller lots or to combine individual lots of Property into larger lots. The above can be carried out at the sole discretion of TRANSCEND AUCTIONS LTD. and can occur without notice.
13. Each Bidder must register with TRANSCEND AUCTIONS LTD., agreeing to the Terms and Conditions of Sale. Registered Bidders represent that they are bidding on their own behalf and are responsible for those lots in which they are the successful high bidder (becoming the Purchaser or Successful Bidder). In the event that a registered Bidder is representing another party, TRANSCEND AUCTIONS LTD. must be contacted regarding this arrangement at least twenty four hours prior to the opening of bidding for a particular auction and TRANSCEND AUCTIONS LTD. reserves the right to refuse this arrangement for any reason whatsoever. Failure to abide by this provision shall entitle TRANSCEND AUCTIONS LTD. to deem the Bidder as bidding on its own behalf. Splitting of and/or transferring of an invoice to an individual and/or organization other than the registered Bidder can only be completed at the discretion of TRANSCEND AUCTIONS LTD. and must meet the requirements of such an amendment, including written authorization from both the registered Bidder and its beneficial buyer and the individual or representative of the individual who will become the new invoiced client in such an arrangement.
14. TRANSCEND AUCTIONS LTD. reserves the right to refuse any bid and/or bidding registration application at their absolute discretion. Further, TRANSCEND AUCTIONS LTD. also reserves the right to suspend or cancel any account used for bidding at their sole and absolute discretion. TRANSCEND AUCTIONS LTD. also reserves the right to refuse any bid which is not in relation to the provided pre-sale auction estimate provided by TRANSCEND AUCTIONS LTD. and also reserves the right to not accept a bid recognized to not fall within the set bidding increments during sale. Additionally, TRANSCEND AUCTIONS LTD. reserves the right to accept any bid which does not meet any pre-established reserve. In no instance may a Bidder withdraw their submitted bid.
15. TRANSCEND AUCTIONS LTD. reserves the right to accept and execute absentee or telephone bids on behalf of prospective purchasers, unable to directly participate in the particular auction. In such a case, TRANSCEND AUCTIONS LTD. provides the service of absentee and telephone bidding as a privilege and shall not be responsible for failure to execute the absentee or telephone bid(s) for any reason whatsoever and shall also not responsible for errors and/or omissions related to the process. Bidders who wish to employ TRANSCEND AUCTIONS LTD. in the process of absentee or telephone bidding must complete and sign the required documentation (absentee bidding form) prior to the start of bidding for the particular auction. In the event that two identical absentee bids are submitted to TRANSCEND AUCTIONS LTD., the bid which is received earlier (and which has been submitted through a completed and signed absentee bidding form) will take precedence over the later bid(s), allowing the earlier submitted bid(s) to potentially purchase the lot(s) at bid level submitted. TRANSCEND AUCTIONS LTD. reserves the right to request and charge a deposit to a Bidder submitting an absentee or telephone bid, in relation to the value of the artwork, to a maximum of $10,000 CAD. TRANSCEND AUCTIONS LTD. reserves the right to hold and apply this Deposit to the invoice, should the Bidder become the Successful Bidder. In the event that final payment and invoice settlement is not made within 30 days following the completion of an auction, then TRANSCEND AUCTIONS LTD. shall have the right to rescind the purchase and the Deposit shall be retained by TRANSCEND AUCTIONS LTD. as liquidated damages. In the event that the Bidder is not successful, the Deposit will be refunded within 10 business days following the completion of the auction.
16. At the completion of the sale, the Successful Bidder shall be recognized as the Purchaser and shall then take on complete responsibility and risk for the purchased Property, adhering to all of the Terms and Conditions of Sale. In the event of a dispute between the Successful Bidder and any other Bidder regarding the result of the auction, TRANSCEND AUCTIONS LTD. will have absolute discretion to rescind any transaction with the Successful Bidder and designate a new winning buyer or to withdraw the Property from the auction. In such a case, TRANSCEND AUCTIONS LTD. may choose to re-offer the Property in a future auction or private sale. In all such cases, final decision shall be made solely by TRANSCEND AUCTIONS LTD.
17. The Successful Bidder shall make arrangements with TRANSCEND AUCTIONS LTD. for the payment of the whole invoiced amount following the immediate close of the auction, unless alternate arrangements are agreed by TRANSCEND AUCTIONS LTD. for payment of a portion of the invoiced amount. Until full and final settlement of the invoice is completed by the Successful Bidder, the purchased Property will not be released to the Successful Bidder. Failure to pay for purchases may lead to the cancellation of the sale with no promise of re-offering in a future auction. In the event of failure of payment by the Successful Bidder, TRANSCEND AUCTIONS LTD. reserves the right to suspend and/or delete the bidding account of the Bidder and/or their representatives, all at the sole discretion of TRANSCEND AUCTIONS LTD. The artwork must be collected by the Successful Bidder or his/her representative or delivered to the shipping destination within 10 days of the invoice date.
18. The Successful Bidder shall settle final payment and collect their purchase(s) from TRANSCEND AUCTIONS LTD. within five business days following the completion of any TRANSCEND AUCTIONS LTD. auction. Failure to settle payment and/or collect the property from TRANSCEND AUCTIONS LTD. within five business days may lead to monthly interest charges of 1.5% in addition to the invoice amount and/or storage charges for the Property being held on the premises of TRANSCEND AUCTIONS LTD. Property being held by TRANSCEND AUCTIONS LTD. is being stored at the sole risk of the Successful Bidder and may be stored either on the premises of TRANSCEND AUCTIONS LTD. or at a secondary storage location. In the event that final payment is not made within 30 days following the completion of the auction, then TRANSCEND AUCTIONS LTD. shall have the right to rescind the purchase and if an online TRANSCEND AUCTIONS LTD. auction the Deposit shall be retained by TRANSCEND AUCTIONS LTD. as liquidated damages. If payment arrangements have not been initiated by the Successful Bidder five business days following a live auction, the Successful Bidder shall be charged 5% up to a maximum of $10,000 of the invoice total (the "Deposit"), which will be held as a deposit against payment for the Property purchased. The Successful Bidder hereby authorizes TRANSCEND AUCTIONS LTD. to charge the Successful Bidder's registered credit card with the Deposit in this case. In the event that final payment is not made within 30 days following the live auction then TRANSCEND AUCTIONS LTD. shall have the right to rescind the purchase and the Deposit shall be retained by TRANSCEND AUCTIONS LTD. as liquidated damages.
19. TRANSCEND AUCTIONS LTD., its employees or agents, shall not be liable for the loss or damage of any Property purchased through a TRANSCEND AUCTIONS LTD. auction (through negligence or otherwise) while the Property remains in the possession of TRANSCEND AUCTIONS LTD. and once the allowed five business days following an auction closure or completion of a private sale has passed.
20. In any event resulting in failure by the Successful Bidder (Purchaser) to pay for Property purchased either through the defined auction process or a private sale within the five day period following the sale, TRANSCEND AUCTIONS LTD., in its sole discretion, may re-offer the Property in question without limiting the terms in place with the Consignor of the Property. Should TRANSCEND AUCTIONS LTD. reoffer the Property, the original Successful Bidder (Purchaser) shall be responsible to TRANSCEND AUCTIONS LTD. and the Consignor for the following: any difference marked as a deficiency between the price achieved and amount invoiced upon the re-sale of the Property versus the price achieved and amount invoiced to the Purchaser upon the original sale of the Property; any storage charges to TRANSCEND AUCTIONS LTD. for the holding of the Property between its original offering and the reoffering; and the total in sales commissions which TRANSCEND AUCTIONS LTD. would have collected
21. Payment can be made by bank draft, personal cheque, certified cheque, or wire transfer. Credit Card is accepted for orders under $1,000 USD. If you wish to pay via credit card over $1,000 you may fill out a Credit Card Pre-Authorization Form.
22. TRANSCEND AUCTIONS LTD. is pleased to assist clients in arranging for the shipment of their artwork from our Toronto premises. However, it is the responsibility of the Successful Bidder to make these arrangements in full, including the packing, insuring and actual shipment of the Property. Assistance provided by TRANSCEND AUCTIONS LTD. in this regard is provided as a service and TRANSCEND AUCTIONS LTD. carries absolutely no liability through this courtesy. TRANSCEND AUCTIONS LTD. carries absolutely no liability to possible damage of framing (including glass) during shipment arranged by TRANSCEND AUCTIONS LTD. or otherwise.
23. Without limitation, the Purchaser accepts that any lot (Property) purchased through TRANSCEND AUCTIONS LTD. may be subject to provisions of the Cultural Property Export and Import Act (Canada).
24. TRANSCEND AUCTIONS LTD. reserves the right to refuse admission, enrolment and/or participation in any of their events and/or auctions. Further, TRANSCEND AUCTIONS LTD. reserves the right to refuse admission to their premises to any individual or group of individuals.
25. These Terms and Conditions of Sale and all agreements related to the business of TRANSCEND AUCTIONS LTD. shall be construed under the laws of Ontario and the parties hereby attorn to the exclusive jurisdiction of the Ontario Courts.
26. This agreement may be executed and delivered in a number of counterparts, each of which when executed and delivered is an original but all of which taken together constitute, as applicable, one and the same instrument.
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.