Auction Terms & Conditions
Every auction lot is sold "as is, where is, with all faults known or unknown" without warranty or guarantee of any kind. Inspections of lots are provided by photos or special preview before and during the online auction. Bidders are asked not to bid on or purchase any item or a lot they have not inspected to their complete satisfaction as ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
REMOVAL OF BIDS Bidding on an item is a contract. Once you place a bid you have told UCABC/HI-BID, "YES PLACE MY BID", additionally, you have taken the high bid away from someone else. You cannot back out of a bid you placed AS IT AFFECTS EVERY OTHER BIDDER ON AN ITEM
Photos of items sometimes contain features of other inventory. While UCABC makes all effort to photograph each lot in full, you are bidding on the description.
DISCLAIMER: All information was gathered from sources deemed reliable and is provided as a courtesy of United Country--A.B. Cole & Associates LLC. It is the responsibility of the bidder to verify all information to their satisfaction. All information is subject to change. At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. In accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
By Registering for this auction, Bidder recognizes and accepts these TERMS as a CONTRACT TO PURCHASE.
Registration on-line with a valid Credit Card (Visa/MasterCard/AMX/Discover). Your card will be charged $100 for verification only and will be applied to purchase or reimbursed if no purchases are made. Declined Credit Cards: Any bidders with credit cards that are declined will be charged a $25 processing fee to run another credit card - NO EXCEPTIONS!
1. Please note: All bidders and others attending and participating in this auction whether in person, by internet, or by any other means, agree that they have read and fully understand these terms and agree to be bound thereby.
2. RESERVE The auctioneer reserves the right to reject any and all bids.
3. WARRANTY All merchandise is sold "as is, where is". There are no warranties expressed or implied and no guarantees. All sales are final. Please inspect items when available and bid accordingly. UCABC assumes no liability for owner guarantee.
4. RESPONSIBILITY Purchaser assumes complete responsibility for items at time the items closes. It is the sole RESPONSIBILITY of the Internet bidder to be familiar with the Internet bidding process. Questions or issues arising while bidding should be addressed prior to close of sale with UCABC
5. PAYMENT Complete payment in full required day of auction. Nothing shall be removed from premises before settlement. Title passes when purchasers funds clear. For CC users, a pre-auction authorization shall be performed to establish available credit. Nothing will be charged to your credit card until a purchase is made.
6. CLAIMS No claims will be allowed after close of on-line bidding. Any purchased items remaining after 30 days will be deemed abandoned and ownership returned to seller.
7. RECORDS The record of sale kept by the Auctioneer and Accounting Staff will be taken as final in the event of any dispute.
8. PERSONAL AND PROPERTY RISK Persons attending during exhibition, sale or removal of goods assume all risks of damage of, or loss to, personal property and specifically releases the auctioneer from liability therefore. Neither the auctioneer nor his principal shall be liable by reason for a defect in, or condition of, the premises on which the sale is held. If you register for someone else or allow someone else to use your bid number and password, you are responsible for all lots purchased and charges made against that bid number. Safeguard your bid number and password.
9. AGENCY The Auctioneer is acting as agent only, and is not responsible for acts of its principals. UCABC and its sellers assume no risk, liability or responsibility for the authenticity of the authorship of any property identified in this catalog. All property is sold AS IS, WHERE IS, and with NO WARRANTY and neither UCABC nor the sellers makes any warranties or representations of any kind with respect to property. Statements in the catalog or made at the sale, bill of sale, invoice or elsewhere shall not be deemed an assumption of liability, warrant, representation as the description, genuineness, attribution, provenance or condition of the property. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. UCABC and the sellers make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. Descriptions are believed to be accurate but not guaranteed.
11. BUYERS PREMIUM A 15% buyers premium will be added to each purchase. If you bid $100.00 at check out you will be charged $115.00 (Unless otherwise noted in the specific event items).
12. We reserve the right to withdraw any property before sale.
13. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalog.
14. On the fall of the auctioneers hammer or pronouncement of "sold" in any form or manner, title to the offered lot will pass from Seller to the highest bidder acknowledged by the auctioneer, subject to all the conditions set forth herein, and such bidder thereupon assumes full risk and responsibility therefore. We reserve the right to impose a late charge of 1 1/2% per month on the total purchase price if payment is not made in accordance with all of the conditions set forth herein. All property must be removed from the premises by the purchaser at his expense in the timely manner previously set forth. If any applicable conditions herein are not complied with by the purchaser in addition to other remedies available to us and the Seller by law, including with limitation the right to a) hold the purchaser liable for the total purchase price, we at our option may either cancel the sale, retaining as liquidated damages all payments made by the purchaser of b) resell the property at public auction, and the purchaser shall be liable for any deficiency costs, including handling charges, the expenses of both sales, or commission on both sales at option. Payment will not be deemed to have been made in full until we have collected funds
15. INTERNET BIDDING Any auction where Internet bidding/live auction is used, UCABC shall not be held liable for electronic bids not sent, received, or executed.
BIDDING: All bidders are required to register on-line in order to bid. You must have available balance on your credit card for your online purchases. WHEN YOU BID ON ANY ITEM, YOU ARE ENTERING INTO A BINDING CONTRACT. IF YOUR BID IS THE WINNING BID ON ANY ITEM(S), YOUR CREDIT CARD WILL BE CHARGED FOR EACH AND EVERY ITEM PURCHASED AND YOU WILL BE REQUIRED TO PICKUP YOUR ITEMS. When the auction closes, your credit card will be charged for your purchases and an invoice emailed to you. You will need this printed invoice in order to pick up your purchases.
16. BUYERS CONTRACT Your Internet bids are a contract and you are responsible for honoring them.The internet bidder agrees and acknowledges that all purchases made from this auction website will be charged to their credit card on the day of the auction.
17. TECHNICAL DIFFICULTIES If technical difficulties occur during the closing of an abcole.com sale we reserve the right to extend the closing times/dates as needed.
18. CANCELLATION UCABC reserves the right to: cancel, suspend, extend, or reschedule an individual item and or event.
19. PREVIEW Most events feature a preview, inspection or open house at some point prior to the conclusion of the auction. Approximately, 40% of the bidders attend the preview. When an event does not feature a preview, bidders should carefully consider the descriptions, photos, details and terms of sale, then bid accordingly. UCABC reserves the right to make changes to the event catalog, inspection, removal or closing times.
20.AUCTION CLOSE Each auction will end at a specified time. However, we use an auto-extend feature. With this feature, the bidding will remain open on any item that has received a bid within the last 1 minute. Once 2 minutes has lapsed without any bidding activity the bidding on the item will be closed. If there is more than one item in an auction the items will have staggered ending times. Each item will close 30 seconds after the previous unless extended bidding occurs as mentioned above.
21. PAYMENT At the conclusion of the event your credit card on file will be automatically charged for the entire amount of your purchases. Accepted forms of payment include Visa/ MasterCard/AMEX/DISC. You must have available balance on your credit card for your online purchases. Declined Credit Cards: Any bidders with credit cards that are declined will be charged a $25 processing fee to run another credit card - NO EXCEPTIONS!
A paid invoice will be sent to the e-mail address in your bidder profile. IMPORTANT: If you use multiple e-mail addresses, make note of your registered e-mail address. Only the address provided at registration is sent notifications, alerts and final invoices.
22. BID NOTIFICATION: If you have been outbid you will be notified by email until the close of the sale. To quickly review your bids and see if you have won you can utilize the ?review bids? feature. Items that you have been outbid on will be clearly marked.
WINNING BIDDER NOTIFICATION: You will be contacted by email ONLY (you are responsible for checking your e-mail). If you feel you have won an item and have not received an email you must notify our office within 12 hours of end of aucition. If you do not receive a paid e-mail invoice then you did not win any items during the online auction.
The auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchaser items not paid for and or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection, transportation and storage expenses associated with delinquent accounts or abandoned items. Any purchased items remaining after 30 days will be deemed abandoned and ownership returned to seller.
23. ITEM IDENTIFIED BY DESCRIPTION Always bid on the item description. Only use the photographs as a guide. For demonstration purposes, equipment may be joined and photographed together. Do not assume a lot consists of more than one item simply because they are connected or pictured together. You are bidding on the item as described Please take advantage of the onsite inspection and read the descriptions. Please notify our customer service team if you believe an item is incorrectly photographed
24. ON-LINE ONLY BIDDING Only online bids can be made. We do not accept written, oral, email or telephone bids.
25. BIDDING ERRORS After you submit your bids, you are presented with a verification page. Please confirm your bids prior to proceeding. If after the confirmation page you mistakenly increase your own bid, place your bidder number in the bid field, or make a typo, you must immediately notify our customer service team. It is the sole RESPONSIBILITY of the Internet bidder to be familiar with the Internet bidding process. Questions or issues arising while bidding should be addressed prior to close of sale.
26. REMOVAL OF BIDS Bidding on an item is a contract. Once you place a bid you have told UCABC/HI-BID, "YES PLACE MY BID", additionally, you have taken the high bid away from someone else. You cannot back out of a bid you placed AS IT AFFECTS EVERY OTHER BIDDER ON AN ITEM.
DISCLAIMER: All information was gathered from sources deemed reliable and is provided as a courtesy of United Country--A.B. Cole & Associates LLC. It is the responsibility of the bidder to verify all information to their satisfaction. All information is subject to change.
PLEASE READ: At the request of the auction company, this auction permits bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's behalf. In accordance with UCC 2-328, this auction is permitted to engage in this activity by providing this clear disclosure to you, the bidder.
By signing registering for this auction you give ABCole & Associates permission to add your name to their mailing list. You may unsubscribe at any time.
Announcements made day of auction take precedence over all distributed material whether printed or electronic.
Questions and Contact Information
Please call 757-539-9866 or email firstname.lastname@example.org for more information about the auction.
Problems with or questions about Internet bidding should be directed to email@example.com
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.