Auction Terms & Conditions
PLEASE READ CAREFULLY AND COMPLETELY
CONTACT JONES AUCTION SERVICE at (920) 261-6820 with QUESTIONS
1. Your bid along with these terms creates a legal binding contract between you, VandeZande Real Estate and Auctions, LLC and Unified Jones Auction & Realty, LLC. All items sell As Is, Where Is, No Exceptions w/No guarantee or warranty.
13% Internet Premium and the 5.5% Wisconsin Sales Tax applies. All licensed items, vehicles,
trailers, motorcycles, etc. will be charged sales tax. If you are claiming tax exemption a copy
of your certificate of exemption is required to be on file at Unified Jones Auction & Realty,
818 North Church St, Watertown, WI office prior to the close of the sale by faxing it to
(920) 261-6830 or emailing to email@example.com
2. Online/Internet Bidding Only: Under no circumstances shall the bidder have any kind of a claim
against VandeZande Real Estate and Auctions, LLC, Unified Jones Auction & Realty, LLC, the seller, the internet bidding platform company or anyone else if the internet service fails to work correctly or for any computer interruptions.
3. Online Bidding Requirements: All bidding will be online bidding only at
www.jonesauctionservice.hibid.bom and requires a valid credit card to register. We accept Visa
Upon registering, you will be approved for bids up to and including $5000. If you foresee bidding over $5,000, a Bank Letter of Sufficient Funds is required to be on file at our Unified Jones Auction & Realty prior to being approved to bid over $5,000. Upon receipt of your bank
letter your bid permission will be increased to the amount written on your bank letter.
Letter may be faxed to (920) 261-6830, emailed to firstname.lastname@example.org or dropped off at 818 N. Church Street, Watertown, WI office during normal business hours of 9-5, Monday thru Friday.
Any requests for bidding over $5,000 will be "Pending" until your bank letter is received.
A printable bank letter template is available at www.jonesauctionservice.com
4. Buyer is responsible for the complete removal of buyer's purchases. Buyer accepts full
responsibility for any personal injury to himself or his agents and any property damage incurred
on pick up premises. Seller, auctioneers and buyer expressly agree that the buyer is responsible
for and agrees to indemnify seller, auctioneers and their respective affiliates for any and all
damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal
theory, and including special, incidental and consequential damages), losses, expenses,
attorney's fees, court cost, etc. that arise out of or result from the removal, possession or use of
any items purchased at auction, or any other claim regarding the use or possession of any asset
purchased at auction.
Your bid is a legal binding contract between you, VandeZande Real Estate and Auctions, LLC and Unified Jones Auction & Realty, LLC.
All sales are final and sold As Is, Where Is, without warranties or guarantees of any type and with all faults-No Exceptions. Auctioneers and seller expressly disclaim and exclude the implied
warranties of merchantability and fitness for a particular purpose. Bidders should satisfy
themselves as to the usefulness and value of each item. Any statement in the description
regarding the items to be sold should be considered a guide and a guide only. Any error in
description does not relieve the buyer or his/her agent of their responsibilities. We make every
effort to provide complete and accurate descriptions of all items offered. You are responsible for your own inspection during scheduled preview dates. No warranty of quality, condition,
merchantability, or fitness for intended use is given. All information contained on any website
description is believed to be true and correct to the best of our knowledge and ability,
BUT IS NOT GUARANTEED. Please contact us at (920) 261-6820 prior to bidding with questions. Merchandise becomes the full responsibility of the buyer at the time of purchase. Buyer assumes all risk of loss or damage while equipment is on our premises or in our possession.
5. Under no circumstances shall the bidder have any kind of claim against VandeZande Real Estate & Auctions, LLC, Unified Jones Auction & Realty, LLC, the seller, the internet bidding platform company or anyone else if the internet service fails to work correctly or for any computer interruptions.
6. All items are offered for sale to qualified purchasers without regard to prospective purchasers
race, color, sex, marital status, religion or national origin
7. Auctioneers are licensed by the Wisconsin Department of Licensing & Regulation.
8. All buyers must acknowledge and accept the Terms and Conditions provided at the time of online registration. Your bid is a contract to purchase should you be the winning bidder. Absolutely NO REFUNDS. We make every effort in preparing the catalog to provide accurate descriptions of all items. All property is sold As Is and it is the bidder's responsibility to determine the exact condition of each item. Please call with any questions prior to bidding; (920) 261-6820
9. At the close of the sale, Unified Jones Auction & Realty, LLC will send your invoice to the email
address used to register. Your invoice will include the total winning bid price, the 13% Internet
Premium, the 5.5% Wisconsin Sales Tax and if applicable a $20 wire transfer fee. Payment is due in full upon receipt of your invoice and within 24 hours of the close of the sale. (Please see Shipping Options if you are requiring shipping services).
1. Credit cards will be charged following the close of the auction for the invoice total, internet premium and 5.5% WI sales tax unless bidders notify us prior to the end of the auction of their desired payment method. No items will be released until payment is made in full with cleared funds. No Exceptions. Accepted payment options are: Cash; Visa or MasterCard for purchases up to and including $5,000 (No credit card payments accepted at pickup location); or wire transfer. Wire transfers will be assessed a $20 handling fee, please contact us for instructions. Personal or business checks only accepted if accompanied by a letter of sufficient funds from the bidders bank. No money orders accepted. Sorry no out-of-state checks accepted. Payments by cash or check will be accepted when you pick up your item(s). No credit card or wire transfer payments accepted at pickup location.
TITLED VEHICLES: If paying for a titled vehicle with check, no titles will be given to buyer until funds clear through the financial institution approximately 7 to 10 business days after the check is deposited.
2. At the close of the auction, Unified Jones Auction & Realty, LLC will send out your invoice to the
email address used to register. You will be invoiced for your purchase, the 13% Internet Premium, the 5.5% Wisconsin Sales Tax, and any applicable transaction fees. Any items not picked up by the end of the day of the last scheduled pick up date or by appointment shall be forfeited by the buyer and will no longer be considered their property unless prior arrangements are made. However; the bidder shall still be responsible for the final bid price of the items that were bid on plus the the 13% Internet Premium, the 5.5% Wisconsin Sales Tax, and any applicable transaction fees. NO REFUNDS will be given.
3. A 13% Buyers Premium and 5.5% Wisconsin Sales Tax will be added to your total. Wire transfers will incur a $20 wire transfer fee. PLEASE NOTE: A $25 service fee will be charged to any account whose credit card on file is declined and requires additional time and telephone contact to establish payment for
merchandise. Please contact our office immediately at (920) 261-6820 if you know that you need to use an alternative credit card.
SHIPPING AVAILABILITY and OPTIONS:
1. Select items, up to 70 pounds, will be available for shipping if required with all packaging and shipping charges being the buyers responsibility. Shipping for larger items will not be offered and it is the sole responsibility of the buyer to coordinate transport arrangements.
Questions about shipping availability should be directed to email@example.com
or call us directly at (920) 261-6820.
2. We use the UPS Store for all packaging and ship items UPS Ground with packages insured
up to $100.00 at no extra charge. However; any desired additional insurance will be charged to
the buyer. It is the buyers responsibility to notify us within 1 day of the close of the auction if you desire to add more insurance. After payment for your items, items will be taken to the UPS Store for packaging. When the total packaging and shipping charges are calculated your credit card on file will be charged for this amount.
3. We ship 7 - 10 business days after the close of the sale. Local pick up is also available.
Scheduled Local Pick-up Dates: Thursday, November 29, 2018 from 4-7pm or by scheduled appointment. Contact Jake at (920) 219-0650. Pick-up location is at VandeZande Real Estate office, 7185 West Main Street, Waupun, WI 53963 unless otherwise noted. Lots 197-229 are located at a storage unit in Waupun as well and the address will be listed in email with your invoice.
PROCESSING FIREARMS SALE:
At the close of the sale, purchased firearms will be taken to Holliday Food & Sport for all FFL
Local buyers wishing to pick up your firearm(s) directly from Holliday Food & Sport will be charged
$25 per firearm and $35 per handgun payable directly to Holliday Food & Sport.
Non-local or out-of-state buyers: A $25 handling and processing fee per firearm along with a
shipping charge per firearm will be incurred and is the buyers responsibility payable directly to
Holliday Food & Sport. All shipping charges are the responsibility of the buyer and amount depends on whether they ship FedEx or USPS. Long guns are shipped throught FedEx while handguns ship USPS.
Holliday Food & Sport is located at 715 W. Main Street, Waupun, WI 53963.
The fee charged for transporting sold items from the auction site to the shipping company
for packaging will be billed at the following rate and added to your packaging and shipping charges:
$5.00 per item for small sized items
$10.00 per item for medium sized items
$20.00 per item for large sized items
It will be the auction company decision to determine the size of the items
If you do not understand these terms or the bidding platform, DO NOT BID.
Contact us at (920) 261-6820. We are happy to assist you and answer your questions.
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.