Auction Terms & Conditions Auction Terms & Conditions Currency:USD Visa, Master Card, Discover and American Express accepted Buyers Premium: 20%- Credit Cards, or Cash only. All items sell AS-IS with no warranties or guarantees expressed or implied. We reserve the right to add or delete items prior to sale time. Please send any specific questions to our email address or call us for more information. All sales final. Any bidders with credit cards that are declined on reconciliation day will be charged a $30 processing fee to run another credit card. 1. Creek Side Auctions has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items by outsourcing the authentication and description process to The Authentication Company (TAC). All property is sold 'as-is' and it is the bidder's responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Absolutely NO refunds will be offered. 2. FOR ONLINE BIDDING: There is a 20% Buyer's Premium added to your total purchase. A 5% convenience fee will be added to all customers paying by credit card. 3. All accounts must be settled at the conclusion of the auction. We accept major credit cards, cashier?s checks, or cash at pickup. 4. Measurements Are Approximate. ALL SALES ARE FINAL: The condition of the merchandise being offered varies. Buyer understands and agrees that any description or sample of the merchandise given or furnished by Auctioneer is solely for identification and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample Buyer understands and agrees that all merchandise is purchased and accepted by Buyer "AS IS-WHERE IS IN PLACE" and "WITH ALL FAULTS, KNOWN AND UNKNOWN." AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, LOCATION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND AUCTIONEER SHALL HAVE NO LIABILITY FOR A MISDESCRIPTION OF ANY ARTICLE OR LOT WHETHER CONTAINED IN A CATALOGUE, ADVERTISEMENT OR OTHERWISE. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. By submitting a bid, Buyer/Bidder affirms they have inspected all items or have waived their right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own investigations and inspections. INSPECTION: The bidder is strongly encouraged to inspect the property prior to bidding. Property will be available for inspection at the places and times specified. Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise and shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health requirements as directed by Auctioneer and local, state and federal regulations. Auctioneer, its employees and representatives shall not be liable by reason of any defect in or about the condition of the premises on which the auction is held. Buyer specifically releases Auctioneer, it's employees and representatives from all liability thereof. PHOTOGRAPHS AND DESCRIPTIONS: We make every effort to ensure that the descriptions and photographs that we post are accurate and represent the items being offered for sale. However, we are not responsible for errors in descriptions or photographs. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described, not as they appear in any photograph. Registration: To gain access to the Auctioneer’s bidding system, you will need to register. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You may be banned from participations in the Auctioneer’s auctions indefinitely should you provide any false information during the registration process. Deposit: In order for the Auctioneer to process your winning bid, we must have a valid credit card associated with your account. After you have registered for this online auction, the Auctioneer will authorize the credit card you have placed on file for $1. This $1 deposit is not a charge, only an authorization hold; if you decide not to make any bids during this auction, or if none of your bids are successful, the Auctioneer will not take any money from your account, and the authorization hold on your $1 will be lifted in accordance with the procedures of your credit card provider and/or banking institution. Forms of Payments: Currency-USD, other acceptable forms of payment are MasterCard, Visa, Discover, American Express. A personal or company check will ONLY be accepted when accompanied by a bank letter guaranteeing payment and valid driver’s license. If this is not provided, Creek Side Auctions reserves the right to require another form of payment. Bidding Errors: You should refresh your browser often to view the most up-to-date bid information and should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders. You understand and agree that you will be held responsible for having made all bids that are made using your account information – even when such bids are made in error. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error, you must immediately contact the Auctioneer via phone (304)-283-2222 or email at Creeksideauctionswv@gmail.com Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer has no obligation to undo bidding errors reported after the auction has begun to close. Bidder’s Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you fail to promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time and in the Auctioneer’s sole absolute discretion – (a) add or remove items from the auction, (b) add minimum bids or reserve prices, (c) split or combine lots , (d) suspend, cancel, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (e) make changes to the auction’s inspection, closing or removal times, or (f) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale for protection of buyers’, sellers’, or other parties’ interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer’s earned commission and the buyer’s premium due to the Auctioneer from the seller. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item or items that you have won at the price you bid. If you end up placing one or more winning bids in this auction, the Auctioneer will charge your credit card on file and send you a receipt. If your credit card on file is declined for any reason, you will be sent an e-mail with instructions directing you to log in to your profile and update it with another credit card. You are solely responsible for checking your e-mail following the close of the auction to determine what items you have won. You must bring your paid sales receipt to the removal. Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases. It is imperative that you provide the Auctioneer with a credit card that can bear the weight of all of your purchases at the moment the auction closes. You can update your credit card information at any time by going to your account settings. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay any cost associated with the resale and any deficiency between your original purchase price and the resale price. Buyer’s Premium: A 20% buyer’s premium is added to every purchase. Picking Up Your Items: You are solely responsible for the safe and timely pick-up and removal of any items you may win at this auction. If you are unable to safely pick up and remove your items during the removal times that have been scheduled for this sale, PLEASE DO NOT BID. The Auctioneer does not hold items past the published removal times. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and safely remove your items during the published times. If a given item is identified as eligible for shipping, please follow the specified instructions to arrange for shipping. * Bidder’s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the removal, pick-up, and transportation of your items will be solely at your expense and at your risk. You further agree that you will be responsible for any damage that you or any of your agents cause during any preview or removal period. You also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you or your agents/party cause. * Presentation of Receipt for Release: You agree and understand that the Auctioneer and staff are only obligated to release your items after you or your agent presents a Paid Sales Receipt and satisfactory identification documentation. You further agree and understand that it is your duty to ensure that any agent picking up items on your behalf has a copy of your Paid Sales Receipt to present at the pick-up location. You explicitly authorize the Auctioneer and staff to release your items to any person in possession of your Paid Sales Receipt. No item will be released to any person unless that person presents a Paid Sales Receipt listing the item in question. * Abandonment: You understand and agree that any item that you do not pick up during the published removal times will be considered abandoned. You agree and understand that you will not receive any refund in connection with any item that is considered abandoned. You agree that you will be charged a reasonable fee for the storage, removal, and/or disposal of such item. Disposal of Unclaimed Items: I In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer and staff will have the option of removing, reselling, storing, or disposing of the unpaid-for or abandoned item. You agree and understand that you will be personally responsible for all deficiencies and all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price. Claims for Non-Delivery: In the unusual event that an item has been incorrectly described or is unavailable for pickup during the published removal times, you must immediately notify the Auction onsite staff of the problem. The Auctioneer will make proper adjustments to remedy the issue. Interim or Preliminary Relief: You agree that the Auctioneer may seek interim, preliminary, or injunctive relief without the necessity of any bond or similar deposit in a court having jurisdiction. Suspension of Bidding Privileges: You understand and agree that any violation of these Terms and Conditions – and/or any illegal or unsafe activity during any auction related event may result in the Auctioneer suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity. Liability: In all cases, the Auctioneer’s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. * No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. * No Liability for System Failure/Site Malfunction:: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction or human error relating to the site. In no event will the Auction Host have responsibility or duty to the bidder not directly related to the function of the site. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives – including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer. Severability: If any term, provision, paragraph, condition, or other portion of this agreement – or the application of these to any person, place, or circumstance – is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter. 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 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 Berkley, West Virginia. 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.