Auction Terms & Conditions Auction Terms & Conditions Auction: VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE. TERMS GENERAL TERMS: All prospective buyers must be at least 18 years old and are required to register prior to bidding. By placing a bid, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction. The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company they represent, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction. Auctioneer reserves the right to periodically change the terms and conditions of the Agreement, which shall be effective immediately upon posting. It is the Bidders responsibility to review all changes made to these terms and conditions prior to bidding on property. Auctioneer reserves the right to add or withdraw property from the auction, and/or regroup items. Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/username and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable. Read the descriptions of each lot and view photographs carefully. If you have any questions call Estate Solvers LLC at 812-454-4181. Using YOUR knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, DO NOT BID. Everything is sold "AS IS, WHERE IS". Please plan to visit on viewing day, telephone, email, text any questions you might have. BIDDING IN THE ONLINE AUCTION: Once you are registered and have your Username & Password, you may place bids as soon as a lot opens for bidding. Your bids are FINAL and constitute a binding contract. Please be aware that lots will close at various times and possibly different days and may be extended. You are responsible for monitoring these close times. Please bid early to avoid disappointment. Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you regarding bid confirmations and/or outbid notifications. An invoice will be sent to your registered e-mail address within 24 hours following the conclusion of the auction. This auction has what is called an "auto-extend" feature, meaning the auction will not close until all bidding parties are satisfied. If any bids are placed within the last 2 minutes of the auction, the bid on lot(s) will extend an additional 2 minutes. The bidding will extend in 2-minute increments from the time the last bid is placed until there are no more bids, and the lot sit idle for 2 minutes. The auction company may, at their discretion, adjust the auto-extend time increment. Auction company employees and/or auction company may bid on auction items. Estate Solvers LLC reserves the right to bid on behalf of the seller and or the buyer. This auction will be a timed online auction with bidding close as the items are closed. PAYMENT: 10% Buyers Premium will be added to the final bid price to determine final selling price. Sales tax when applicable will be charged on both the purchase price and buyer's premium. Payment Options: Payment would be the credit card on file with hibid. As of January 2023, ALL purchases will be automatically charged at the following close of the auction with your credit card on file with hibid. NO EXCEPTIONS. All credit cards MUST be the card of the person who has registered. Any discrepancy in the two will have all bids declined and feedback will be stated as so. Please update your information with hibid. This must be done by you before I will allow bidding on this auction. Keep in mind by bidding you have entered a binding contract with Estate Solvers LLC and If Estate Solvers LLC is unable to collect payment for items you are the high bidder on negative feedback will be given, items placed in storage and storage fees will apply. IF PAYMENT HAS NOT BEEN RECEIVED, IT WILL BE CONSIDERED IN DEFAULT. If a bidder does not pay, the bidder agrees to pay all reasonable attorney fees and other costs incurred by Estate Solvers LLC to collect unpaid funds from the bidder. The bidder agrees to pay any dispute fees that will be tried in a court of jurisdiction within the county of sale location. FOR BIDDERS UNKNOWN BY ESTATE SOLVERS LLC. For those bidders outside of our local area Evansville, Indiana and have a balance of more than five hundred dollars. High bidder will be expected to pay their balance with Estate Solvers LLC by wire transfer. Wire transfers will be expected within 72 hours of the close of the auction. The high bidder is expected to pay for the wire transfer ALL SALES ARE FINAL. NO RETURNS OR ADJUSTMENTS WILL BE MADE. Pickup of Property: Items are to be picked up on the arranged pickups day(s) and times. Once you registered for this auction you agreed to the terms. The items on your invoice belong to you. Email invoices are sent out. Please set your email system to ACCEPT emails from hibid, Shipping Saint and Estate Solvers LLC. Check your spam folder. Emails are sent at the end of each auction. It is the high bidder responsibly to check emails or telephone the office for invoice totals, it is also the bidders responsibly to know of pick-up date and times. What happens when the high bidder fails to pick-up or pay for shipping of their items. Items not picked up on the agreed days and time set in the terms of the auction are considered ABANDONED PROPERTY. Abandoned property is any lot rather large or small not picked up or shipping amount paid for by the high bidder. If abandoned property, must be removed, stored or the disposal of, a fee will be charged to the high bidder for the removal of said items. Estate Solvers LLC will move, store smaller items, but any large items will be moved and stored by a moving company. Larger items are anything from an end table, pool table, yard tractor, vehicle, piano and anything in between. There is a fee to the high bidder if abandoned property it will have to be moved, stored, or disposed of. High bidder is responsible for time spent dealing with abandoned property, moving cost, storage cost, disposal cost, attorney, and court cost/fees. Any dispute will be tried in a court of jurisdiction within the county of sale location. Estate Solvers LLC wishes to keep it simple, if the invoice says you are the high bidder pick your items up on the agreed date and times. If you find that you cannot pick your items up then ask a family member or friend to pick up your items. If someone other than you will be picking up the items Estate Solvers LLC will need to be notified. If you call for a second chance pick-up. Beware that Estate Solvers LLC has already considered this as ABANDONED PROPERTY. Please refer to the terms above about abandoned property. Be aware that someone on our team will have to stop what they are doing to meet you. There is and will be a charge for this time. Larger items moved/stored or disposed of time; cost will be determined on a size weight per item fee. If you require a second chance pick-up on smaller items, you will be expected to pay for this time at a rate of $17.00 an hour. The second chance pick-up day, time and location will be determined by Estate Solvers LLC. Storage of ABANDONED PROPERTY. If Estate Solvers LLC has moved your items because you failed to pick-up or have failed to pay for shipping cost a of $5.00 per lot per week will be added to your balance on lots smaller than 12"x12"x12" in size. larger than 13"x13"x13"-20"x20"x 20" in size there will be a $10.00 per lot per week charge and anything over 21"x21"x21" there is a $50.00 a lot per week charge. Estate Solvers LLC wishes to keep it simple. When you place your bid, it is considered a binding contract. If you are the high bidder, then the items belong to you. Please plan to pick your items up on the arranged day and time. Or plan to make your shipping arrangements. NO REFUND WILL BE GIVEN FOR ABANDONED PROPERTY. We ship UPS ONLY. No execptions. Estate Solvers LLC will ship items that will fit in a 17"x13"13" box safely. Estate Solvers LLC will make the decision what can an will be shipped in the same box. If you will need shipping you will receive a second invoice from Shipping Saint.. If your item(s) will need to be shipped you the high bidder agrees to pay all shipping cost./insurance plus a minimum handling fee of $10.00 for first lot. For any additional lot(s) a additional fee of $1.00 per lot is added to the minimum. Estate Solvers LLC will not ship larger item. If you are the high bidder on large items such as lamps, wall art, furniture etc. Then you the high bidder are responsible for making your shipping arrangments with a third party shipping company. The bidder and the third party company will work with Estate Solvers LLC for the pick-up of said item(s). Keep in mind a storage fee will be applied if the item(s) are not picked up in a timely manner. Please refer back to the terms under storage. The high bidder should expect to pay Estate Solvers an hourly rate of $25.00 for time spent dealing/waiting on the shipping company. ___________________________________________________________________________________________________ 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 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 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. 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 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, ----------------------------------------------------- --------------------------------------------- -------------