Auction Terms & Conditions
1. REGISTRATION: Bids will be accepted from registered bidders only. You MUST REGISTER at cowley1.com PRIOR TO BIDDING online. There is a one time $1.00 credit card registration/verification fee which allows access to the Auction Platform (AUCTION FLEX). Pre-paid Credit Cards are Not Accepted. A drivers License is required for registration if bidding Live, onsite. Registration finalizes the bidders agreement to the terms and conditions of the sale. Please read ALL the terms prior to bidding.
2. AUCTION SALE: All items will be SOLD TO THE HIGHEST BIDDER(S) REGARDLESS OF PRICE. All bidders are responsible to independently verify the age, functionality, model, description, opearbility and condition of all items,and should inspect items before bidding. Individual appointments will be considered at the option of the Auction Company.
Each item is offered and sold is its' "AS IS CONDITION" with any and all faults, in its condition at time of sale without recourse by way of refund, reduction of the purchase price, or otherwise. Bidders should perform such independent investigation and evaluation with respect to the items they wish to bid on, as they deem necessary or appropriate. ALL SALES ARE FINAL.
3. AGENCY: THE AUCTION COMPANY AND ITS REPRESENTATIVES REPRESENT THE SELLER ONLY.
4. ANNOUNCEMENTS: Announcements on day of sale take precedence over all prior releases, verbal and written, concerning the auction sale.
5. BIDDING: PRE-SET Bid Increments for this Auction will be as follows:
BIDS UP TO: INCREMENTS:
$ 50.00 $ 5.00
$ 100.00 $ 10.00
$ 500.00 $ 20.00
$ 1,000.00 $ 50.00
$100,000.00 $ 100.00
This is a Live Webcast Auction. The, onsite bidders, will be bidding against online bidders. The pace of the auction will be determined by the Auctioneer unless otherwise stated by the Auctioneer. Absentee bids may be taken at the discretion of the Auctioneer. The Auction Company reserves the right to enter bids on behalf of the absentee bidder. The Auctioneer is the sole arbitrater of the auction and has final say without liability to any party. The Auction Company can reomove any Item from the auction at any time, before or during the sale without liability. Should the auctioneer determine that the opening bid or high bid does not match the value of the item, the sale may be denied.
6. BUYER'S PREMIUM & SALES TAX: A BUYER PREMIUM of 10.00% will be charged on all items purchased. The BUYER'S PREMIUM will be added to the high bid to determine the final sale price. Sales Tax of 6%.
7. PAYMENT: All items must be paid in full within 24 hours of the day of sale by wire transfer, credit card, cashiers check or pre-approved personal or business check made payable to Cowley Auction Company. Buyers will be provided a bill of sale. Any returned checks, including those for insufficient funds, will subject to a fee of $50.00 and buyer/bidder will be responsible for any additional bank fees incurred to recoup the amount owed. If paying with a credit card, total purchase amount is subject to a 3.75% processing/clearing charge. If paying by check, funds must clear auctioneer account prior to removal of merchandise from site. No exceptions, no arguments. ANY CHECKS ARE TO BE MADE PAYABLE TO: COWLEY AUCTION CO.
ONLINE BIDDERS: UNLESS PRIOR ARRANGEMENTS ARE MADE FOR PAYMENT, THE CREDIT CARD YOU REGISTERED WITH WILL BE CHARGED.
8. REMOVAL OF ITEMS PURCHASED Purchased items shall be considered the property of the successful bidder at time of the sale. The auction company DOES NOT provide equipment or labor to remove items purchased. Please arrive prepared to move items. Property may be removed, WITH EVIDENCE OF PAID RECEIPT,on the following dates & times:Monday, January 14 from 9:00am to Noon or immediately following the auction. Please schedule arrangements for pick up with the Auction Company. After Wednesday, January 16 ,pick-up will be by appointment only and will require a $50.00 appointment fee. Items not picked up within 7 days will be resold and no refund will be returned to customer. Pre-approved personal or business checks must clear before pick-up can take place. If the Auction Company helps move items, All help is paid by the buyer at a rate of $50/hour. Should the items need to be moved to a storage area, the buyer pays all moving costs and storage rental fees. If shipping is needed, Please contact the auction company. All items will have to be paid for prior to shipping. Shipping is done by a third party, The UPS Store. They are paid directly by the buyer. We are not able to give an estimate for shipping.
9. INVENTORY LIST: The auction company will have an inventory of all items being offered . The inventory list will be available at www.cowley1.com. CHECK BACK FREQUENTLY FOR ADDITIONS TO INVENTORY, UPDATED PHOTOS AND ITEM SPECIFIC INFORMATION. The Auction Company will do its' best to photograph and describe the items being offered.
10. ASSUMPTION OF RISK: Bidders entering upon the Property for the purpose of inspection or item removal, shall do so at their own risk. Auction company and seller assume no risk for bodily injury or damage to personal property.
11. WEBSITE: Visit cowley1.com for additional photos and other information.
12. GENERAL: The information contained here is subject to verification by all parties viewing it. No liability for its accuracy or any errors or omissions is assumed by Seller or the Auction Company.
Real Estate Auctions Only: Please read the Bidders Information Packet (BIP) for terms and conditions of the real estate auction/sale. Return the required registration form in the packet along with a copy or proof of deposit should you be bidding online. All items must be recieved prior to the auction or your bid will be denied.
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.