Auction Terms & Conditions TERMS AND CONDITIONS FOR THIS AUCTION: (please note terms and conditions may be different for each auction and are subject to change) 1. REGISTRATION: Bidders must enter a valid Visa, MasterCard or Discover card along with required contact information. There will be a $1.00 charge to your card for verification that will be refunded. 2. BUYERS PREMIUM: A 5% buyers premium on the car & 15% Buyers Premium will be collected on ALL other purchases. 3. SALES TAX: No sales tax wil be charged 4. PAYMENT: Your credit card on file will be automatically charged immediately after the conclusion of the auction for the entire amount of your purchase(s) (unless otherwise indicated on large ticket items). Be sure to have an available balance on your credit card for your online purchases. Charles Miller & Associates has the right to deactivate any bidder's account or cancel the bids of any bidder, for any reason, at their sole discretion as all of our online auctions are "With Reserve" auctions. 5. REMOVAL: This is an ONLINE ONLY AUCTION. DO NOT BID IF YOU ARE NOT ABLE TO PICK UP YOUR ITEMS DURING THE INDICATED REMOVAL TIME(S). NO REFUNDS OR CHARGEBACK'S WILL BE GRANTED. After the scheduled removal, items left will be considered abandoned. The amount of your purchase will be surrendered as a removal fee up to the total amount of your purchase for disposal of your item(s). IN CASE OF AN EMERGENCY, please call the main number at 419-295-5549 to inform the auction company as any items you leave at the pick-up are considered abandoned and ownership reverts back to the Seller. 6. SHIPPING: NO SHIPPING! 7. PICKUP OF ASSETS: Bidders are responsible for their own removal. The auction company staff does not provide moving services or tools. Please be prepared to move all of your purchases by yourself or bring your own help. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location. Buyer authorizes Charles Miller Auctioneer to release buyer's assets to any individual in possession of the buyer's sales receipt. Bidder further agrees to be held personally responsible for all purchases made on their bidder number, and agrees that bidder will not charge back items which are not picked up during the published removal times. If you present a hazard to yourself, the building or others at the auction you may not be permitted to move items. Buyers may be required to produce ID for various security reasons. Please have your ID with you at all times. All Buyers accept that pickup may be electronically recorded and monitored. 8. BIDDING ERRORS: We will not reverse bids that have caused another bidder to be outbid. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids before submitted. If you bid on the wrong item we will not reverse your bid. We will not reverse bids after the auction has begun to close, no exceptions. 10. CUSTOMER COMMITMENT: We appreciate all of our customers and their continued business. If we have to move your items off premise the Seller(s) will be responsible for paying our handling fees and they will be charged to the buyer. We want everyone involved to have a good experience and ask that all buyers abide by these terms and conditions. 11. BIDDING PROCEDURE: If you are immediately outbid when you place your bids, then you are likely bidding against a maximum bid.. Buyers use maximum bids as they have seen the convenience and do not risk missing the opportunity by placing only real time bids on items. While the auction is closing click on the FLASHING LIVE CATALOG link to see the lots closing in order with auto refreshing. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a gross error you must immediately contact our office by email at CharlesMillerAuctioneer@yahoo.com or call 419-295-5549. Communication of the error does not in itself resolve the error. CharlesMillerAuctioneer will attempt to address the bidding error. 12. AUCTION CLOSING: The online auction closes at a rate of 1 item every 20 seconds. This feature works great with the auto-extend (soft close) feature to closely emulate a 'live' auction. If a bid is placed within the last one minute of an items closing time, that item will extend a full one minute as to allow a bidder that has been outbid the chance to bid again and will repeat until no bid has been placed within the last minute. If you have been outbid you will be notified by email up to the time that the auction begins to "close". 13. WINNING BIDDER NOTIFICATION: You will be contacted by email ONLY (you are responsible for checking your email). If you feel you have won an item and have not received an email you must notify us by email no later than 9 AM the next day. If you do not receive a paid email invoice then you did not win any items at the online auction. NOTE: it takes time to process invoices so plan on up to 2 hours after auction close to receive your invoice. 14. NON-DELIVERY: In the event an item is not available for pickup, the buyer must notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the Auctioneer and buyer agrees that there is no grounds to claim non-delivery of item. 15. AUCTION DESCRIPTION: Please inspect the lot numbers and read the descriptions. You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed. The photo may also depict other items that are not included. Always read the item description. VEHICLE INSPECTIONS: As a condition of referencing any inspection report provided, Bidders are responsible for their own physical inspection. Any documented inspection or description is opinion, not fact and does not constitute a warranty of any kind. 16. WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. Charles Miller Auctioneer is not responsible for the use or misuse of items, infestation and pathogens, environmental harm or any injury or harm caused by items purchased. 17. BUYER DEFAULT: If a bidder(s) defaults at an auction, the auction company may, at its option, contact the backup bidder(s) for an offer but has no legal obligation to do so. 18. FIREARMS: All firearms sold online can not be sold to anyone out of the state of Ohio and must be 18 years of age for long guns and 21 years of age for handguns. 19. DAMAGE: Any damage caused by a buyer during the preview, or during the period of removal is at the expense of the Buyer. Their information will be given to the Seller upon request and they will be held liable for any damages. 20. CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our Seller(s) are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly. 21. RESERVE AUCTION: All Charles Miller Auctioneers "online auctions" are "Reserve" auctions. Therefore the auction company reserves the right to establish or change bidding increments, remove items from the auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an individual item and or auction event. Suspend or cancel the bidding of any buyer at any time. Change, modify, delete or add to descriptions, photos. Change auction closing time, inspection or removal times. Rescind the sale of any or all items regardless of high bid upon auction conclusion. Charles Miller Auctioneer permits the registration and bidding of any party as long as they meet the registration requirements and terms and condition including sellers, members, owners, employees and associates of Charles Miller Auctioneer. The auction company is not responsible for technical or communication problems, website outages, browser incompatibility or any connectivity issues. Items for sale by court ordered Bankruptcy are subject to the approval of the appointed Trustee and Bankruptcy Court. 22. LIABILITY: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price. 23. PRIVACY: Charles Miller Auctioneer will not sell bidders information. Bidders who register consent to be contacted or emailed auction notifications for all Charles Miller Auctioneer auction events. To be removed from our database, reply with "remove" in the subject line of the email. You do not need to subscribe to our email list if you are a registered bidder. If you wish to re- subscribe, simply enter your email into the "subscribe email field" at our website. NOTE: NEVER GIVE YOUR PASSWORD AND BIDDER NUMBER OUT TO ANYONE. IF YOU FORGET REGISTRATION INFORMATION, CLICK ON THE "REGISTER" TAB AND FOLLOW THE DIRECTIONS FOR A LOST BIDDER NUMBER OR PASSWORD. 24. LIMITATIONS: The above-stated terms and conditions of sale cannot be altered except in writing by the auction company. Terms and conditions may change from auction to auction and are agreed to electronically by bidders upon registration. Terms and conditions are designed as general guidelines and may not cover every possible scenario. Charles Miller Auctioneer is not responsible for the fraudulent or unauthorized use of your bidder number and bidding account. Bidders are responsible for the security of same. If you feel someone may possess this information, it is suggested that you change your password immediately. Buyers agree that they have reviewed and agree to all terms and conditions of the auction. These terms and conditions constitute an enforceable and binding electronic agreement upon their electronic acceptance by the Bidder. Internet Outage: In the event of an internet outage that would affect the auction while live bidding is taking place Charles Miller Auctioneer reserves the right to suspend and resume the auction at a later time or date. --------------------------------------------------------------------------------------- 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 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.