Auction Terms & Conditions
BUYERS' TERMS AND CONDITIONS
1. ALL SALES ARE FINAL - NO REFUNDS. BUYERS ARE ENCOURAGED TO INSPECT ITEM BEFORE BIDDING.
2. ALL ITEMS ARE SUBJECT TO A 10% BUYERS PREMIUM CALCULATED UP TO $1000 PER ITEM.
3. NO WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS, WITHOUT GUARANTEE OF ANY KIND. While descriptions are believed to be accurate, Magic Valley Auction, LLC, their agents or officers, nor the seller make any warranty or guarantee, expressed or implied. Magic Valley Auction shall not be held responsible for advertising discrepancies or inaccuracies. Everything is sold "AS IS"-"WHERE IS." All sales are final. No warranties are made as to the merchantability of any items or their fitness for any purpose.
4. FULL PAYMENT IS DUE WITHIN 72 HOURS OF THE AUCTION CLOSING AND PRIOR TO ITEM REMOVAL. A 10% LATE FEE WILL BE CHARGED TO ALL INVOICES NOT PAID WITHIN 72 HOURS OF AUCTION CLOSING. ALL ITEMS MUST BE REMOVED BY THE END OF THE STATED LOAD OUT UNLESS OTHER ARRANGEMENTS ARE APPROVED. HOLD OVER ITEMS WILL BE SUBJECT TO DAILY STORAGE CHARGES.
5. U.S. FUNDS ONLY: Cash, Cashier's Check, Credit Card, or Wire Transfer payable to Magic Valley Auction, LLC will be accepted. Credit and Debit Cards will be charged a 3% convenience fee. Wire Transfer charge of $25.00 will be added to cover bank fees. Personal or company checks must be accompanied by a bank letter of credit guaranteeing payment. Bank drafts will not be accepted. Any invoice not paid within 3 days from the sale day will be charged a 10% late fee, unless prior arrangements are made with Magic Valley Auction.
6. At the time the buyer has won the bid, the buyer is deemed the owner, and has full and sole responsibility of the item(s) at this point. Removal and shipping of the equipment and inventory is the buyer's sole responsibility. Buyer must supply their own handling equipment and personnel. The buyer is responsible for any damage that occurs during removal. It is the buyer's responsibility to secure all equipment to meet all applicable government safety standards in using or removing items purchased.
7. No item on any account, shall be removed or shipped prior to full payment. Removal shall be at the expense, risk, and liability of the buyer. Magic Valley Auction shall not be responsible for items not removed within the time allowed when applicable. If items are not removed within the specified removal time, buyer shall be liable for moving and storage costs incurred, or the item(s) may be deemed abandoned and sold.
8. The buyer shall not be entitled to possession of any of his purchases until total purchase price for all his purchases have been fully paid, and in the event the purchaser fails to pay the full purchases price for any lot within the prescribed time or fails to comply with other sale terms, Magic Valley Auction shall retain a possessory lien on all items/lots of the buyer, and have the right to resell such lots by public or private sale without notice of any kind to the buyer. Any deficiency arising upon the resale, together with all expenses thereof, shall be paid by the buyer. Any auction deposit shall be retained by Magic Valley Auction and applied towards the deficiency. Forfeiture of the deposit does not release the buyer from full payment.
9. Any account disputes claims must be made prior to removal of item(s). No adjustments will be allowed after purchased item(s) are removed from the premises.
10. Sales Tax will be added to the purchase of all taxable items sold. Tax will be collected on the final bid amounts and buyer premiums. Dealers or exempt buyers must present their resale tax certificate to Magic Valley Auction during bidder registration/prior to time of payment. Tax exempt forms/tax certificates must be on file at Magic Valley Auction. If an exemption is deemed invalid, the Buyer is responsible for for all sales taxes due, wherever the taxes are due.
11. Titles are subject to Idaho rules and may differ from other states and may require further processing by the buyer. MVA/seller is not responsible and may not be able in some cases to provide documentation required by other states. Title will be mailed out after funds have been cleared.
12. Buyer(s)/Purchaser(s) does hereby indemnify and hold harmless Magic Valley Auction, their agents and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal or shipping of item(s) purchased.
13. Magic Valley Auction and the seller shall have no liability to the buyer of any item for non-delivery of any purchased item(s), other than the return of the buyer's deposit or payment on the item(s) if applicable.
14. All item(s) must be paid for and picked up at the scheduled load out dates and times unless other arrangements are made in advance. Items left after the load out dates are subject to daily storage fees. Paid item(s) left after 7 days following the buyer's payment will be considered abandoned and sold for storage. Item (s) left outside the property fence longer that 7 days following the auction, will be towed at the owners' expense.
15. Any announcement made on the day of the sale supersede all printed material. Magic Valley Auction reserves the right to reject the bid of anyone who is not a registered bidder.
16. Magic Valley Auction shall have no responsibility for internet bidding interruption or delays beyond control. Internet bidders are aware that due to the nature of the internet, delays in transmission could result in failure of the system to recognize your bid.
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AUCTION, YOU ARE ENTERING INTO A BINDING CONTRACT AND IF YOU'RE THE HIGHEST BIDDER ON ANY ITEM YOU WILL BE REQUIRED TO PAY FOR THE ITEM(S) IN ACCORDANCE TO THE TERMS SET FORTH IN THE TERMS AND CONDITIONS OF SALE.
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.