Auction Terms & Conditions
THIS IS AN ONLINE-ONLY AUCTION
By placing a bid, the Buyer contractually agrees to the following terms and conditions of sale:
1. NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, CONDITION, PROVENANCE, TIME PERIOD, OR FITNESS FOR A PARTICULAR PURPOSE, ARE GIVEN. All auction items are sold "as is-where is". It is the responsibility of the buyer to determine the condition of the items and bid accordingly. Place your bids accordingly and read all descriptions and Terms prior to placing your bids. All sales are final. All statements made prior to the sale of any item shall have legal precedence over printed materials and any prior verbal statements. Brannian Auction, LLC reserves the right to reject a bid from any bidder. The highest bidder will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. The records of Brannian Auction, LLC will be deemed conclusive in the event there is any dispute after the sale. Some items may be subject to reserve (the confidential minimum price below which the lot will not be sold). If Buyer is the successful bidder, and fails to make payment when due, Buyer agrees to reimburse Auctioneer or the owner of the item for collection and court costs, including attorney fees, and agrees that interest shall accrue on the unpaid balance at 18%, annual percentage rate. Any legal disputes shall be settled in the appropriate Wyoming court, pursuant to Wyoming law.
2. PAYMENT: Payment for all purchases is due immediately at the conclusion of the auction. Brannian Auction will charge Purchase price, Buyer's Premium charges, applicable sales tax, and any other fees. We accept Visa, MasterCard, Discover, and Paypal. You will receive an invoice by email after the auction ends with confirmation of items on which you were the successful bidder. To submit payment you can call 307-620-2157 with a credit card or submit payment through Paypal to firstname.lastname@example.org. If the charges are declined by the credit card processor a Non-sufficient Funds charge of $25.00 will be assessed to the buyer. The buyer will immediately be notified of NSF transaction through e-mail and be given 24 hours to contact Brannian Auction with an alternative payment method. Please check to ensure your account accepts email from Brannian Auction. Payment must be made prior to Pick-up. Paid in full invoice must be presented by buyer or assigned representative prior to loading items.
3. Any item(s) remaining after designated pick up time are considered forfeited and ownership will revert back to seller. No refunds will be given.
4. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Brannian Auction will, to the best of our ability, attempt to describe the merchandise in detail and provide pertinent information, but makes no representations. Bidder shall be the sole judge of value. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However all property is sold AS-IS, and ALL SALES ARE FINAL. Buyers assume complete responsibility for care of each purchase at time of sale. The auction company is not responsible for accidents, thefts, errors or omissions.
5. The auctioneer reserves the right to add or remove items from the auction and add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times.
6. BUYERS PREMIUM: A 10% buyer's premium will be added to each purchase. For example, if you bid $100.00, at checkout you will be charged $110.00 plus taxes and any applicable fees.
7. PARTICIPATION REQUIREMENTS: Valid credit card required for bidding approval. We will accept Visa, MasterCard, and Discover. All bidders will incur a $1 charge to their credit card upon auction registration/bidder verification for credit card authorization.
8. CURRENCY TYPE: USD
9. AUCTION CLOSING: The bidding on this Auction will close on Monday, November 21st at 8:00 pm MST. This auction features EXTENDED BIDDING. This feature extends the bidding on a lot for FIVE minutes past the closing time, if a bid has been placed on that lot within the last FIFTEEN minutes of the auction. It will remain open until there are no bids on that lot during the extended time period. This only affects lots with last minute bids. Any lot not bid on in the last fifteen minutes will close as scheduled. An example would be if you were participating in an Online Auction that closed at 6:00 PM and you placed your bid at 5:55 p.m. That lot would be extended until 6:05 p.m. and would keep extending FIVE minutes after each new bid is placed. It will stop extending when no bid had been placed during the extended time period.
10. This auction also features MAXIMUM BIDDING. When you place your MAX BID, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. If someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. You may request out bid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you enter your MAX BID when bidding. Your MAX BID would be considered the maximum amount you are willing to pay for your item. Please remember, you can always raise your max bid, but you CANNOT lower it. Be aware of this while bidding. If you have any questions please call us at 307-620-2157 or email us at email@example.com.
11. PICK-UP/LOAD OUT: Winning Bidders can pick their items up in Shell, WY on Saturday, November 26th between 1:00 PM and 5:00 PM MST. The exact address of pick-up location will be relayed to winning bidders via email with paid invoice. Payment must be made prior to Pick-up. Paid in full invoice must be presented by buyer or assigned representative prior to loading items. Please bring your own packing materials, moving equipment, and/or manpower required to remove your items at the specified pick up time.
12. SHIPPING: Shipping is NOT available for this auction. Pick-Up ONLY.
13. CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description.
14. ONLINE SERVICES: Brannian Auction is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Brannian Auction or anyone else if the Internet service fails to work correctly before or during the Online Auction. Brannian Auction will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction.
15. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake.
16. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.
17. Purchaser does hereby indemnify and hold harmless Auctioneer 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 of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability.
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.