Auction Terms & Conditions Auction Terms & Conditions Please Review All Online Terms Prior To Bidding! IMPORTANT: PICKUP IS ON JANUARY 24TH FROM 3 TO 6. WE CAN ARRANGE FOR PICKUP MONDAY IF YOU CANNOT MAKE IT TUESDAY BUT ALL ITEMS MUST BE REMOVED BY TUESDAY. THERE IS A 10% BUYERS PREMIUM AND 4% FOR ALL CREDIT CARD CHARGES. BUYERS WHO REQUIRE SHIPPING ARE REQUIRED TO PAY FOR THE ITEMS ON MONDAY THE 23RD AND MUST CALL THE NUMBER THEY RECEIVE IN THEIR EMAIL! - Integrity Realty & Auctions assumes no responsibility for any missing or incorrect listing information. All information is gathered from sources believed to be reliable but is not guaranteed to be accurate. Item descriptions and listings are subject to be changed, updated, or cancelled at any time without notice. All bidders agree that his or her own decision to bid and the amount he or she bids has been based solely on his or her own independent inspection and evaluation of the items. "ALL SALES ARE FINAL - NO RETURNS/REFUNDS!!" - All items must sell through the auction process, no pre-sales. This is not a retail purchase and all units are sold as-is, where-is without any warranties whatsoever, where expressed, implied or statutory. Expressly excluded are warranties of merchantability, fitness for use, purpose, and direction. - In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Integrity Realty & Auctions reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Integrity Realty & Auctions shall be held responsible for a missed bid or the failure of the software to function properly for any reason. - Integrity Realty & Auctions reserves the right to cancel this auction or remove any item/lot from this auction prior to the close of bidding. - Integrity Realty & Auctions reserves the right to reject any and all bids for any reason. An accepted bid is a legally binding contract. Bidder assumes all risk of loss or damage to the item at the end of the auction. Integrity Realty & Auctions reserves the right to resell any personal property that is not paid for in full by the conclusion of the auction. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property. - Integrity Realty & Auctions reserves the right to bid on behalf of the Seller and the Buyer. Auctioneer, staff, and consignors/sellers are permitted to bid on items in this auction. - Buyer and/or Bidder agrees to hold harmless and indemnify Integrity Realty & Auctions and its agents, owners, employees and its representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. - The identity of all bidders will be verified. Integrity Realty & Auctions reserves the right to reject the bidder's registration if there is any question as to the person's credentials or due to previous ratings on the auction platform. - Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the website, you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or Auction Company may bid on auction. - EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. - By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Integrity Realty & Auctions of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including reasonable attorney's fees. - If, for any reason, Integrity Realty & Auctions is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect to any purchase at time of pickup, the sole liability of Integrity Realty & Auctions, if any, shall be the return of any paid monies in respect of such purchase upon its return by purchaser. - By bidding on any item, buyer agrees to all terms and conditions set forth. PAYMENT - Credit card, good check, or cash are acceptable at time of pickup. Credit cards will have a 4% convenience fee for all purchases. All items that are shipped must be paid for by credit card. Your card is NOT charged when auction closes. Please bring the card you wish to use at the time of pickup so we can process your payment. - Payment must be made before item(s) are removed. ALL SALES ARE FINAL. NO RETURNS OR ADJUSTMENTS WILL BE MADE. - Items must be picked up on allotted day (Tuesday, January 24th). If items are not picked up at allotted times buyer will be considered in default and may be blacklisted for all future Integrity Realty & Auctions auctions. All defaulted items may be offered to the next highest qualified bidder at the discretion of Integrity Realty & Auctions. Integrity will keep items that have been paid via phone for a week before the item is resold or discarded. - The bidder agrees to pay all reasonable attorney fees and other costs incurred by Integrity Realty & Auctions in its efforts to collect unpaid funds from the bidder. The bidder agrees that a late fee of two percent (2%) of the outstanding balance per month will be added to any unpaid balance due Integrity Realty & Auctions. Any dispute will be tried in a court of jurisdiction in Edwards County, Illinois. PICKUP & SHIPPIING -Pick up day will be Tuesday, January 24th 3 p.m. to 6 p.m. -Items are to be picked up on the arranged pickups day(s). If you are not able to do so, you must notify the auction company IMMEDIATELY and other arrangements must be made ASAP. Any specialized arrangement for pickup outside of the scheduled dates will be subject to an additional $25 fee. All items must be picked up on the arranged pickup day or arrangements made with the auction company. Items left after that time will be forfeited to Integrity Realty & Auctions. NO REFUNDS will be issued. - Integrity Realty & Auctions will not supply boxes for transport. Please bring supplies to secure items for travel. The winning bidder on larger items needs to bring help and/or equipment to load the item(s). -Integrity Realty & Auctions will ship items at winning bidder's expense that are small enough to be shipped via USPS Priority Mail or Flat Rate Boxes, UPS Ground, or FedEx Ground. Items must be paid for by pickup day or may be forfeited and the backup bidder will be contacted. Fragile items, items that weigh over 25 lbs. or items that will not fit in a 16½" x 14½" x 12" box will need to be picked up or shipping can be done by a Professional Shipper/Packer at Bidder's Expense. Buyer must notify the auction company if they plan to use a Professional Shipper/Packer and Buyer is responsible for making their own shipping arrangements with the Professional Shipper/Packer. Shipping costs are the sole responsibility of the Buyer. Shipping and handling charges will be charged upon completion of packaging along with the cost of the item. All packages being shipped by the auction company will be shipped with insurance equivalent to the hammer price. All packages being shipped will have a $10 HANDLING FEE in addition to the actual cost of shipping. In the event you rely on the auction company to ship your items we will do our absolute best to package the items with bubble wrap and paper to avoid any items broken BUT if you purchase glass items and choose not to have a professional ship these items, we are not responsible for broken items. We will file a claim on your behalf for the price of the items, but we will not refund your shipping costs. We have no control over how the postal service handles your items once the package leaves our facility. Please allow 7-10 business days after the last scheduled pick-up date for items to be shipped. Please contact our office at 618-445-2267 with any questions. -No furniture or heavy equipment will be shipped by Integrity Realty & Auction staff!! Winning bidders of furniture and heavy equipment must make their own shipping arrangements (including palleting) or take delivery of the furniture or heavy equipment items at the auction location on pickup day. --------------------------------------------------------------------------------------- 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. REGISTRATION OBLIGATIONS 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 AUCTIONS 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 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. BIDDING 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 username 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. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT 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. INDEMNITY 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. LEGAL COMPLIANCE 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. GENERAL INFORMATION The TAC constitutes 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.