Auction Terms & Conditions
AUCTION TERMS & CONDITIONS
PICKETT AUCTION SERVICE LLC
LOCATION: 20550 N Whittier, Greenleaf ID. From I-84 exit 27 go south on Centennial then west on Simplot Blvd (Hwy 19) 4 miles into Greenleaf, north on Whittier, signs posted.
SOME ITEMS WILL NOT BE LOCATED ON SITE. Those locations will be noted in the item description.
*** FOR AUCTION SPECIFIC DETAILS: Buyers premium, payment dates, credit card policies, preview & loadout dates and times. ~ Please read Information Lots 1-15. ***
PAYMENT: YOU WILL RECEIVE AN INVOICE BY EMAIL. Your credit card IS NOT automatically charged. Cash, Visa, M/C, Discover, & Debit Card. (3% fee on all cards) Check or Check by Phone. Wire Transfer (fees may apply).
**WE NO LONGER ACCEPT AMERICAN EXPRESS**
Invoices will be emailed to all winning bidders within 2 hours of the completion of the auction.
**IF YOU DO NOT RECIEVE AN INVOICE ~ CALL OUR OFFICE AT 208-455-1419**
Invoices unsettled after the due date will be charged to credit card at registration.
There is an additional 3% fee for payment by credit/debit card. Your invoice total will not reflect the additional 3% if paying by credit/debit card. This amount is to be added at time of payment.
10% Buyer's premium will be charged up to a maximum premium of $500 per item.
Registration: All buyers will register to bid through the website. Bidders will establish a user name and password. A credit card authorization will be required at time of registration. The credit card will not be used for payment, an invoice will be emailed to successful buyers at the close of auction and payments will be accepted under the terms of payment. Please be sure that you have SUCCESSFULLY completed the credit card authorization prior to bidding. If you wait until the last minute to perform this operation you may be late to bid on your desired lots.
SHIPPING & FIREARMS NOTICE: **SPECIAL CONSIDERATION IF YOU ARE PLANNING TO SHIP. WE WILL USE A LOCAL FIREARMS DEALER. BIDDER WILL BE RESPONSIBLE FOR FEES OF HANDLING, SHIPPING & INSURANCE. NO EXCEPTIONS. PLEASE NOTE BEFORE BIDDING, WE DO NOT SHIP AMMUNITION. FOR MORE INFORMATION BEFORE YOU BID PLEASE CONTACT OUR OFFICE. 208-455-1419
NEW NOTICE: After 14 days from the auction closing PICKETT AUCTION SERVICE WILL CHARGE a lot storage fee of $25 dollars a day until you are able to pick up your item(s). Storage fees are due at the time you pick up.
If you have trouble making the load out time please call us to make arrangements. If items are not picked up during scheduled load out time or arrangements have not been made by the buyer the items will be considered abandoned and will be removed by Pickett Auction Service at the buyer's expense. Please if you cannot adhere to this requirement please do not bid!!!! NO ITEMS WILL BE REMOVED UNTIL SETTLED FOR IN FULL.
Announcement: All descriptions are believed to be accurate. However, no liability for accuracy, measurements, errors, or omissions is assumed by the sell, closing agent nor Auctioneer. The buyer is responsible for verifying all information and condition of items. All items are sold as is where is, with no warranties or guarantees of any kind! BE SURE TO PREVIEW THE AUCTION or call with questions.
Fraudulent bidders / Unpaid invoices: By bidding on items, you are entering a legal and binding contract. Pickett Auction Service LLC. reserves the right, and you acknowledge and agree to its exercise of this right, to notify third parties, including law enforcement authorities, credit bureaus, other auction companies and industry regulators and authorities, about bidders involved with or connected to fraudulent bidding or the failure to fully pay invoices in accordance with our terms and conditions. For any unpaid invoice Pickett Auction Service WILL turn all uncollected amounts over to a collection agency for collection OR other solution deemed necessary by Pickett Auction Service.
Note: By accepting the terms and conditions of this auction you are entering into a binding contract and if you are the highest bidder on any item you will be required to pay for the items in accordance to the terms set forth in the terms and conditions of sale.
1) INTERNET ONLY AUCTION TERMS AND CONDITIONS: All items sold "as is where is" with any faults. ALL DESCRIPTIONS ARE BELEIVED TO BE CORRECT, THE AUCTIONEERS OR THE OWNER MAKE NO WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED, as to the authenticity of or defect in any lot and will not be held responsible for any advertising errors, discrepancies or inaccuracies. All Buyers are to be responsible for any and all inspections of items at preview times or inspection by appointment.
VEHICLE CONDITION & MOTORIZED CONDITIONS
ALL ITEMS SOLD "AS IS " CONDITION. MOST ITEMS ARE PRE-OWNED AND THERE IS NO WARRANTY OR GUARANTEE FROM PICKETT AUCTION SERVICE. WE WILL MAKE NOTE OF OBVIOUS CONDITION. THESE ITEMS DO NOT GO THRU A CHECK SYSTEM WHEN ENTERED INTO THE AUCTION. EVERY BIDDER IS ENCOURAGED TO PREVIEW AND YOU MAY BRING ALONG YOUR OWN MECHANIC. ALL SALES ARE FINAL SO PLEASE INVESTIGATE PRIOR TO BIDDING.
2) PAYMENT: COMPLETE PAYMENT FOR ALL ITEMS PURCHASED ARE DUE AS POSTED BY THE AUCTION COMPANY. An invoice of your items purchased will be emailed to you within 2 hours of the close of the entire auction. IF YOU DO NOT RECEIVE AN INVOICE PLEASE CALL OUR OFFICE 208-455-1419 PAYMENT METHOD: Cash, Visa, Master Card & Discover, wire transfer, or Check by phone to Pickett Auction Service. There is an additional 3% fee for payment by credit/debit card to be added at time of payment. NSF CHECK FEE OF $35 WILL BE CHARGED AND BIDDING Privileges SUSPENDED. INVOICES UNSETTLED: will charge to credit card on registration.
3) A 10% (Ten percent) Buyers premium will be added to Purchases up to a maximum premium of $500 per item.
4) Applicable Idaho Sales Tax of 6% will apply to purchases. Dealers purchasing for resale must submit resale permit number with Pickett Auction Service. ST101 provided at our office.
5) TITLES: IF PAYMENT IS MADE ON TITLED VEHICLES WITH CASH, OR CREDIT CARD OR CASHIER CHECK ALL AVAILABLE PAPERWORK WILL BE GIVEN AT TIME OF PICK UP. IF PAID BY CHECK PAPERWORK WILL GO TO BIDDER VIA CERTIFIED MAIL.
6) REMOVAL: All items must be removed within the allotted time frame set forth by the Pickett Auction Service for each auction. Time frames will be strictly adhered to; if you are unable to pick up your purchased items or make arrangements for your purchased to be picked up in the time frame set forth please do not bid on the items. Shipping arrangements can be made by the Buyer at the Buyer's expense. Buyer assumes solely all expenses, risks and liabilities for removal of purchased items. If purchased lots are not removed in the allotted time frame the Buyer shall be liable for any moving and storage costs incurred, and if not removed, the items will be deemed abandoned. Buyers assume all risk associated with the removal of items from auction site.
7) ITEMS LEFT ON THE AUCTION LOT OVER 21 DAYS WILL BECOME PROPERTY OF PICKETT AUCTION SERVICE OR A LOT HOLDING FEE WILL BE CHARGED. ANY DEPOSIT OR PARTIAL PAYMENT WILL NOT BE REFUNDED TO THE CONTRACTED BIDDER. PLEASE DO NOT PLAN ON LEAVING YOUR AUCTION ITEM OVER 7 DAYS WITHOUT PRIOR PERMISSION. UNPAID FOR ITEMS WILL BE HANDLED AT THE DISCRETION OF THE AUCTION SERVICE. 8) By registering as a buyer and being able to place bids on lots in this auction you agree that you have read and agree to the terms and conditions set for this auction.
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.