Auction Terms & Conditions
TERMS OF REAL ESTATE AUCTION LOCATED AT 38 RAINBOW HILL COURT, BERKLEY SPRINGS, WV 25411.
THIS IS AN INTERNET ONLY AUCTION!
AUCTION CLOSING DATE: Friday, Sept. 25th beginning at 1:00 p.m. EDT.
OPEN HOUSE: Sundays, Sept. 13th & 20th from 2:30 P.M. TO 4:30 P.M.
For any questions regarding this auction, please email
firstname.lastname@example.org or call 301-791-6896.
All parties will are required to abide by the Terms and Conditions.
Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.
1. Registration: To gain access to the Auctioneer's bidding system, you need to register and obtain a bid number. You must be at least twenty one (21) years old to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in future auctions indefinitely should you provide any false information during the registration process.
2. Deposit: In order for the Auctioneer to process your winning bid, we must have a working Visa, Discover or MasterCard associated with your account. After you have registered for this online auction, the Auctioneer will authorize the credit card you have placed on file.
3. Bidder's Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this auction, you will notify the Auctioneer of the change by updating your bidder profile.
4. Conduct of Auction: All deposits, bids, and credits in this auction will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this auction. You further agree not to copy, reproduce, or publically display any content from the Auctioneer's website without first obtaining written permission from the Auctioneer.
5. Bidder's Duty to Inspect and Investigate: You acknowledge that the Auctioneer is providing you with the opportunity to inspect the property being offered for sale in this auction. The Auctioneer strongly encourages you to attend the scheduled inspection for this auction, If you choose not to attend the appointed inspection and are in doubt about the condition, completeness or suitability of the property, please bid accordingly OR do not bid.
A. Photographs and Descriptions: The Auctioneer regularly posts property descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the property being offered for sale. Title shall be conveyed free and clear of any liens.
B. Choose wisely: We want everyone to get a fair deal. However, if you bid on the wrong property or later decide a property is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to inspect or otherwise become fully informed about the property offered for sale in this auction will not be grounds neither for a refusal to pay amounts due nor for any claim against the Auctioneer and/or Seller(s).
6. WARRANTY AND CONDITION OF PROPERTY SOLD: ALL PROPERTY IS SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITH NO EXPRESS OR IMPLIED WARRANTIES. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE DESCRIPTIONS BUT ARE NOT GUARANTEED.
7. If You are Outbid: You can renew your bid at any time prior to the close of the property.
8. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid - even a bid that increases your own, lower bid - was made in error. Many bidders routinely increase their own bids to price the property out of the reach of other bidders. If you mistakenly increase your own bid at any time during the auction, or make some other bidding error (e.g. placing your bidder number in the price field), you must immediately contact the Auctioneer by email at email@example.com. Reports of bidding errors must be made via e-mail; phone reports will not be accommodated.
9. Timeliness of Bidding Error Reports: If you make a bidding error during this auction, you must identify and report the error before the auction begins to close. The Auctioneer will not undo bidding errors reported after the auction has begun to close.
10. Bidder's Duty to Report Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to firstname.lastname@example.org. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
11. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to - at any time - (1) remove property from the auction, (2) split or combine property, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the auction of an individual property, and/or auction event, (5) make changes to the auction's closing, or inspection, or (6) take any other action the Auctioneer deems necessary to affect the fair conduct of this auction or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws any property from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller.
12. Closing: The Auctioneer's online auctions are designed to mimic traditional "live" actions. For this reason, this auction will have a staggered, dynamic closing.
A. Staggered Closing: This online auction will automatically begin to close at a rate of one property per minute (if more than one). Individual property closing times may be extended past their scheduled closing time, however, as a result of the Auctioneer's dynamic closing feature.
B .Dynamic Closing: The closing time of a property is automatically extended an additional five minutes whenever a bid is placed within the two minutes leading up to an item's scheduled closing time.
13. Winning Bids: If your bid(s) are determined to be the winning bid, you then become obligated to pay for the properties by the CREDIT CARD ON FILE, CASH, CERTIFIED CHECK or APPROVED FUNDS immediately at the close of the auction and execute a Contract of Sale for same.
A. Notification: If you end up placing a winning bid in this auction, the Auctioneer will contact you by e-mail to let you know if you have won. This e-mail notification may be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for checking your e-mail following the close of the auction to determine what properties you have won. If you do not receive an e-mail identifying you as a winning bidder, it most likely is because the Auctioneer has no record of your having placed a winning bid.
B. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer by sending an e-mail to email@example.com explaining your situation as-soon -as-possible after the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids.
14. If you pay by credit card: At the conclusion of this auction, the credit card associated with your account will be automatically charged $5,000 for the deposit. For this reason, it is imperative that you provide the Auctioneer with a credit card that can bear the weight of your deposit at the moment the auction closes. You can update your credit card information at any time.
A. Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your deposit; the Auctioneer will suspend your online bidding privileges indefinitely. The Auctioneer will only reinstate suspended accounts if the suspended bidder hands over a $5,000 (non interest) deposit to be held in escrow for a period of one year.
B. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any property you have won and any costs or fees discussed in Paragraphs 15-17 of these Terms and Conditions.
15 Buyer's Premium: A 10% buyer's premium is added to the final bid. This means that if your winning bid is $100,000. 00, you will be charged $10,000 buyer's premium ($100,000.00 + $10,000.00 = $110,000.00 total recorded auction/sale price.
16. Taxes and Transfer Fees: Real Estate tax will be prorated at closing. Recordation, transfer tax and deed preparation will be paid by the purchaser.
17. Default and Resale: If the purchaser fails to comply with these terms of auction/sale they shall forfeit the hand money as liquidated damages and the sale may be rescinded at the option of the seller(s) and in such case the property may be resold at any time without further notice. "TIME IS OF THE ESSENCE"
18. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled in Washington County Maryland Court. You agree that all claims will be litigated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Washington County, Maryland. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and/or seller(s) and do not prevail, you agree that you will reimburse the Auctioneer and/or seller(s) for all legal fees and costs.
19. Liability: In all cases, the Auctioneer's liability, and the liability of the seller(s) of the property in this auction will be limited to the refund of your monies paid. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any property from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related auction/sale or transaction.
A. Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller(s), bidder(s), or other third party before, during, or after this auction.
B. No Liability for Site Malfunction: You understand that this auction is online-only, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any property, if the Auctioneer determines a transaction to have been affected by any site malfunction.
20. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer, Seller(s) and their employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives - including, but not limited to, personal injury or property damage caused at any auction site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
21. Limitations: These Terms and Conditions do not - nor are they intended to - create any agency-, partnership-, joint venture-, employer-employee-, or franchisor-franchisee relationship with a bidder. The Auctioneer is an agent for the Seller(s). These Terms and Conditions cannot be altered except in writing by the Auctioneer and the Seller(s).
22. Severability: If any term, provision, paragraph, condition, or other portion of this agreement - or the application of these to any person, place, or circumstance - is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.
23. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the county of Washington, State of Maryland.
24. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
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.