Auction Terms & Conditions
This is an online only auction conducted by Action Auction and Realty, LLC, hereinafter known as Action Auction. There will be no live event for this auction. A 13% Buyer Premium will be added to all winning bids to determine final sales price. Payment to be by Credit Card or Cash Only. (Credit Cards will be processed by close of first business day after the close of auction. If paying by cash PAYMENT MUST be made by close of first business day following the close of auction, if not Credit card on file will be processed for full amount.)
By registering to bid on the internet for this auction, you acknowledge that you have read and understand the terms and conditions for the auction and/ or auction items, and you agree to abide by all terms and conditions for the auction and/ or auction items. You further agree that you have read the general terms and conditions and terms of website use posted at www.actionauctionreality.com under the information heading. These terms are also available at the auction site.
Inspection: Location, Date and Time for inspections will be posted in the Auction listing and/or under a lot in the Auction Catalog. We highly encourage all bidders to inspect the items prior to bidding on our site. If you are unsure of what you are bidding on, we recommend you not bid. Buyers understand they view property at their own risk. The seller or their representatives are not responsible for accidents or damage to personal property during any inspection.
Closing Time: The lots in this auction will close in staggered groups of 50 lots, with each addition group of 50 lots closing in 3 minute intervals. Please note that using our Soft Close program, there is also a 3 minute auto-extend for each lot in all of our auctions. For example, if a lot in the auction is scheduled to close at 2:00 PM and someone places a bid at 1:59, the system will auto extend 3 minutes to give the previous bidders time to bid again. The auto-extend feature remains active until no further bids are received within the 3 minute time frame.
Payment: PLEASE NOTE THIS AUCTION IS CREDIT CARD OR CASH - MasterCard, Visa, Discover and American Express. 13% Buyers Premium will apply to all purchases. Local Georgia Sales Tax will apply to each item. Dealers buying for resale may be exempt from paying sales tax if the dealer has a sales tax number registered online. That dealer will also be required to provide a signed tax exemption form at the time of pickup or sales tax will be charged. (Credit Cards will be processed by close of first business day after the close of auction. If paying by cash PAYMENT MUST be made by close of first business day following the close of auction, if not Credit card on file will be processed for full amount.)
Pick-up of Items: No shipping/Pickup only. The following Monday thru Saturday 9am-3pm after auction is closed (Credit Cards will be processed by close of first business day after the close of auction. If paying by cash PAYMENT MUST be made by close of first business day following the close of auction, if not Credit card on file will be processed for full amount.)
Upon receipt of payment in full the purchaser will receive an invoice marked "Paid", which must be presented at time of pick up. Action Auction, and/or Sellers are in no way responsible for pick-up, delivery, or assisting in loading out of property as this is the sole responsibility of the successful bidder. It is the successful bidders' responsibility to remove property within the pick up dates specified. No items may be picked up without an invoice from Action Auction marked "PAID."
Penalties: Purchases not picked up in accordance with the removal terms will be forfeited and resold to cover storage fees with no credit given to the original buyer. Buyers accounts will then be turned over to a collection agency for any delinquencies and storage fees yet unpaid.
Shipping: Action Auction, nor its Sellers, offer shipping on auction items; however, Action Auction may be able to assist buyers in locating and securing shipping means when necessary, although this may incur additional costs depending on the circumstances. Any and all shipping costs are the sole responsibility of the buyer.
Condition of Property: Please note that we have not made any attempts to test any items. Items may be, including but not limited to, missing parts, damaged or in non-operable condition. All bidders, including buyers, should rely solely on personal inspection and not information listed in these items, on the website, or otherwise provided by Action Auction or seller. Any bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity, and size of any items will not constitute grounds for any claim, adjustment, refund, termination of the Auction Contract, or refusal to close the sale.
Any and all information regarding the condition of property is derived from sources believed to be true and accurate but is not guaranteed by the Seller or Action Auction. It is the sole responsibility of the Bidder to verify any and all information.
Auction Bid Default: If the winning bidder's credit card information is on file with Action Auction, that card can be charged for the total purchase price plus one $100 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. If no credit card information is on file or if the information is insufficient or outdated, a $25 late payment fee will be assessed for each partial or full day beyond the payment deadline for which payment is not made. If items are not timely removed as required above, a $10 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within time specified after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. The seller reserves the right to sell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. Action Auction and/or the seller reserves the right to pursue all legal remedies.
Legal courses of action: Bids are a binding offer to enter a contract an you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers and Action Auction, their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgements, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (l) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (ll) buyer's use of Action Auction website and (lll) a dispute with another bidder.
Seller agrees to hold harmless, the Auctioneers, against any claims of the nature referred to in this contract. Venue for any controversy or claim arising from or relating to this agreement, or breach thereof, shall lie exclusively with the Magistrate or Superior Court of Houston County or Macon Bibb County, Georgia. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of Georgia.
WARNING - Explanation of Credit Card Fraud: In order to bid online, buyers must register and create an account thru our website, www.actionauctionrealty.com. The credit card is not charged and successful bidders are not required to pay by credit card. However, in the event that a buyer does not make payment arrangements within the specific time, Action Auction reserves the right to charge the amount due, plus any sales tax, buyers fees and or late fees and or non-payment penalties to the account’s registered card. If, at that time, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes “Credit Card Fraud” under Federal and Georgia state law and Action Auction reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder’s residence. In addition to any criminal charges, Action Auction reserves the right to seek civil restitution as well.
Bid retraction: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Once a bid is placed, Action Auction cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system.
Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Action Auction may reject the registration, and bidding activity will be terminated.
Withdrawal of Items from the Auction: Action Auction and or the Seller reserves the right to add or delete property, reject any bid and or cancel the sale.
Agency Disclosure: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents.
Disclaimer: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or Action Auction. The Seller and their agents reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Any and all announcements made at the auction take precedence over all other verbal, printed, announced and or distributed information. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser’s responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information.
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.