Auction Terms & Conditions
Payment: All Items must be paid for before Friday Sept. 28th, 2018 at 5 pm. If you can't follow the terms, please do not bid.
Any Out of State Buyer will have to use Certified Funds, Cash, Wire Transfer or wait till check clears out account.
NOTHING leaves until it has been paid for.
Car & Truck Removal: Area Buyers have till Oct. 31st 2018 to have the items removed from our location. After Oct. 31st it will be $20. per day storage.
All other items need to leave when paid for.
Out of Area Buyers, Call Matt Smith and ask ahead of time about extended pickup times.
We are flexible & can meet by appointment if needed. Nothing leaves until items have been paid in full. Please bring appropriate chains, straps & flags if needed. We do not provide these.
Anything going out of state must have certified funds. Please bring appropriate chains, straps & flags if needed. We do not provide these.
Registration: To participate, you must register online. Registrations will be screened. Please note multiple Auctioneers use this software nationwide. If we see a previous decline on your record we will refuse to allow you to participate.
Funds Accepted: USD, Cash, Credit Cards, and Area Checks with picture ID. No online payment processing is available.
Conditions: All Equipment & items offered are being sold as is where is. Catalog descriptions are not guarantees. All bidders are responsible for their own inspections. The time to ask questions is before a lot sells, not afterwards. Please rely on your inspections.
5 % BUYER'S PREMIUM
Payment With: Cash, Checks, Cashier's Checks & Wire transfers: 5% Buyer's Fee added to bid for total purchase price. Example: Lot sells for $100. At checkout your bill will be $105.
Payment with Credit Cards: We do not accept credit cards over the phone or online. 10% Buyer's Fee added to bid for total purchase price. Example: Lot sells for $100. At checkout your bill will be $110. In Person Credit card transactions only. We do not accept American Express.
Nonpayment: Any nonpayment will automatically result in your profile being banned in the future from our auctions both live & online. Furthermore you authorize us to share your information with other auctioneers that use this same bidding platform.
Shipping: We do not provide shipping services. We do provide a forklifts / Backhoe for loading items out.
Storage Charges: Items Left on our lot will incur $20 per day per item, storage charges. We try to be flexible, but at times people can be good buyers, but bad at removing items.
Bidding: Placing a bid on an item is an irrevocable offer to buy the item(s) at the price in the bid, provided the bid is a winning bid at the time of the close of the auction. A winning bid is a bid that is the highest bid on an item, or in the event of a tie, the bid placed chronologically earliest. Placing a bid constitutes entering into a binding legal agreement with the auctioneers and seller to purchase the item(s) at the winning bid price and in accordance with the terms stated in the item listing and the rules of this site. You must resolve any questions about the item by contacting the selling agent / auctioneer of the item prior to placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, have received a response from the seller's agent / auctioneers of the item regarding any questions you may have. Once a bid is placed it may not be cancelled or retracted without the permission of the auctioneer. Bidding is subject to bid increments and items may be subject to a minimum bid. By bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the seller who listed the item. Auctions will not be extended due to your technical difficulties. Do not wait until the last minute to bid!"
All invoices must be paid in full before merchandise will be released from the premises. Quantities must be checked before removal of purchases. No allowances will be made for claims or shortages once items are removed from the premises. Where available, documents of transfer, including motor vehicle ownership documents, will be provided within 10 days following the auction or as soon thereafter as such documents are available. Any available titles shall not pass to Buyer until full payment is received.
All property must be paid for and picked up in the time frames posted. If not, the merchandise will be deemed abandoned and Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to Auctioneers without further notice to Buyer and Buyer's payment will be forfeited. No purchaser may assign, transfer, or dispose of his rights in any article purchased before he has paid the purchase price in full. No reselling will be allowed from the premises.
If any applicable conditions are not complied with by Buyer, then, in addition to any other remedies available to auctioneers, including and without limitation, the right to hold Buyer liable for the total purchase price, Auctioneers, at its option, (a) cancel the sale, retaining all payments made by Buyer, including any deposit made, as liquidated damages and/or (b) resell the merchandise.
Persons in attendance during inspection 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 auctioneers, and local, state and federal regulations.
All risk loss shall pass to Buyer at the time of payment. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct, indirect, incidental or consequential damages.
Buyer agrees to indemnify, defend and hold harmless auctioneers and its agents and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys' fees) asserted against, resulting to or imposed upon Auctioneers resulting from the negligence of Buyer or his/her employees, agents and representatives, while in, at or about the auction premises during inspection, sale or removal of merchandise.
A bidder's number / profile is nontransferable. All bids made by the holder of the number will be Buyer's responsibility. A successful bid online constitutes a legally binding contract of sale. Auctioneers reserve the right to refuse any applicant the privilege of bidding and may revoke such privilege of bidding AT ANY TIME.
This sales transaction shall be governed by and construed in accordance with the local laws of the State of Montana, USA. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. Terms and Conditions with any amendments or modifications expressly made by auctioneers constitute all the terms and conditions with respect to the sale of articles at this online auction. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided.
Court Of Law & Arbitration: All disputes relating to any of our online auction events and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Montana. All claims relating to any Smith Sales Co. Auctioneers online auction(s) and the terms and conditions shall be brought in "District Court of Custer County, Montana" and bidders hereby consent to the jurisdiction of said court. Anyone who fails to complete a transaction is warned they will be pursued in court for auctioneer's losses of commission, buyer's premium; time; attorney's fees & any other damages allowed by law.
ALL SALES ARE FINAL. NO EXCEPTIONS. The condition of the merchandise being offered varies. Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished online is solely for identification, and does not create any warranty, express or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS-WHERE IS," 'IN PLACE" and "WITH ALL FAULTS, KNOWN AND UNKNOWN." Auctioneers make 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, FITNESS FOR A PARTICULAR PURPOSE OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT. NO SALE SHALL BE INVALIDATED AND Auctioneers 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 it has inspected all items or has waived its right to do so prior to bidding. Buyers shall be deemed to have relied entirely upon their own inspections and investigations. Buyers agree that they have been offered sufficient time & opportunity to inspect each item before the closing of each lot. Failure upon a buyer to take advantage of this opportunity is not a cause for recourse of any kind.
All Buyers acknowledge and accept by their registration the Terms & Conditions of Sale printed as listed herein.
We do not ship. We will load you out. Some lots are simpley to big for our forklifts to load, at that point your going to have to have your own solution. Call when in doubt. We do NOT take machinery apart for shipping.
We are flexible & can meet by appointment if needed. Nothing leaves until items have been paid in full. Anything going out of state must have certified funds. Please bring appropriate chains, straps & flags if needed. We do not provide these.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.