Auction Terms & Conditions
General Information: The placement of a successful bid at a U.S. Department of the Treasury auction establishes a legally binding contract between the successful high bidder and the Treasury Department. The auctioneer's announcement of the high bid amount and the bidder's number establishes the contract which may be subject to final acceptance by the Government. This contract is bound by these Terms and Conditions as well as special terms and conditions published by the Contractor for the specific auction and other Federal regulations governing contracts for the purchase of government property. The successful bidder is legally bound to pay for property awarded in accordance with his/her bid. The contractor is acting as the agent of the Government with respect to the sale of Government property.
Sales Disclaimer: IMPORTANT NOTICE TO ALL BIDDERS: The vehicles offered in this public auction are offered in an "as is, where is" condition. The Government does not warrant the condition, quality, or merchant ability of the property, its fitness for any use or purpose, its ability to pass a safety inspection, or its ability to pass a motor vehicle emissions test prior to registration. Efforts have been taken to ensure that the vehicles offered for sale should be acceptable for licensure, registration, and title action by the state department of motor vehicles; however, despite all best efforts, some exceptions may arise. Therefore, the Government makes no representations, promises, or warranties regarding these vehicles, and cannot guarantee registration or title issuance by the Department of Motor Vehicles (DMV) for any vehicle.
Before you make any repairs to any vehicle purchased, you should take your sale documents (invoice and/or SF-97) to the nearest DMV office, within ten (10) business days of receipt, to verify that:
- The vehicle is not in a "stolen" status.
- The vehicle does not have a "salvage" classification.
- The vehicle does not have a "junk" classification.
- The vehicle does not have an "export" classification.
- The vehicle has a legal Vehicle Identification Number (VIN).
If the DMV official informs you that the vehicle fits one or more of the above categories:
- Ask for a copy of the documentation,
- Stop your registration process and do not pay any fees,
- Do not initiate any repair or maintenance actions,
- Notify the nearest AECOM/URS Federal Services office for instructions on the return of the vehicle,
- Comply with instructions provided and submit a request for refund of sale price.
Buyers of vehicles that are to be exported to Mexico are encouraged to administratively verify the vehicle status with the appropriate Mexican authority before taking the vehicle over the border.
Upon verification of the DMV status and approval of the Government, a refund action will be initiated to return your purchase price.
NO REIMBURSEMENT FOR REPAIRS, UPGRADES, OR ENHANCEMENTS TO THE VEHICLE WILL BE CONSIDERED IF BUYER FAILS TO COMPLY WITH THE ABOVE VERIFICATION PROCESS.
Eligibility of Bidder: The Bidder warrants that he/she is not:
a) Under 18 years of age;
b) An employee of any department or agency of the Federal Government prohibited by the regulations of that agency from purchasing property sold hereunder;
c) An agent or immediate member of the household of the employee in b) above;
d) The contractor, subcontractor or vendor, their agent or employee who has access to information concerning the property to be sold at U.S. Department of the Treasury auctions that is not generally available to the public;
e) Presently debarred or declared ineligible for the award of contracts by any Federal agency in accordance with 41 CFR 101-45.6;
f) Or the party or representing the party(s) from whom the property was seized and/or forfeited.
g) Or presently suspended from bidding due to repeated sale default.
The Contractor's subcontractor may not act as agent for a third party in purchasing Department of the Treasury property that is or has been in their custody or control. For breach of any of these warranties, the Government shall have the right to cancel the contract without liability.
Additional Bidding Qualifications: Only licensed scrap or salvage dealers whose facilities are located within the continental United States may participate in these auctions. Vehicles cannot be re-titled or re-registered. Attempt to do so will result in revocation of bidding privileges and may warrant criminal, civil, or administrative action against the participant. To qualify to bid, you must send a copy of your license for review to email@example.com. Additional bidding instructions will be provided at that time. License must be approved prior to the sale closing. To qualify to bid, first time participants must follow the registration process below:
The following section pertains to EXPORT Only assets: EXPORT Only Information: Merchandise sold for "export only" cannot be entered into the commerce of the United States. Without exception, "export only" merchandise must exit the country and cannot be registered, used, or sold again in the United States. Buyers unfamiliar with the export process are cautioned against bidding on "export only" merchandise until they have familiarized themselves with the export process. Buyers are strongly encouraged to investigate export options prior to purchasing "export only" merchandise. It is recommended that purchasers engage the services of a broker or Customs bonded carrier if they are unfamiliar with export requirements. Aecom | Apple Towing | Apple Auctioneering Co cannot and does not provide any assistance whatsoever. All purchasers are responsible for complying with all applicable Federal licensing and permit regulations prior to exportation. Aecom | Apple Towing | Apple Auctioneering Co does not warrant the availability of such licensor permits, nor provide a list of the requirements that must be met. The failure of the purchaser to obtain necessary licensing will not result in the return of any monies tendered for the goods. Detailed export information can be found on the CBP website at: https://www.cbp.gov/trade/basic-import-export/export-docs/motor-vehicle. Broker information may also be found at: https://www.cbp.gov/contact/ports. Click on the state and the appropriate Port. After the Port location and contact information, you may find a link for "Broker List" if one is available for that port. All forms required for exportation may be obtained at a nominal cost from the local CBP office. Additional Export Only Information: All Purchasers are responsible for complying with all applicable federal licensing and permit regulations prior to exportation. The failure of the purchaser to obtain necessary licensing will not result in the return of any monies tendered for the goods. The Contractor shall provide a copy of the required procedures for export, when available from the Government, to the Purchaser at the time of final payment. Unless a different period for removal is applicable with respect to goods or conveyances that are sold "For Export Only," the purchaser will have 60 days from auction day to remove the property from the United States or purchaser will be deemed in default and the property will be resold by the Government. All forms required for exportation may be obtained at a nominal cost from the U.S. Government. Because of the complexity of some export requirements, the purchaser may wish to secure the services of a Customhouse Broker, bonded carrier, or other professional in securing the necessary documents required for exportation. The Contractor will offer no assistance whatsoever.
Registration: Under "Login / New Bidder" create an account by clicking "New Bidder? Click Here". The user name and password that is created will be used for all future online auctions. The information you provide when setting up your online account will be the information assigned on your title work. If you choose to title your purchases in a business name, the business name and address needs to be utilized. At any point should you decide to title your purchases in your person name, your account information will need to be updated to reflect the desired change prior to the auction closes. This also applies to a change of address or business. This is the responsibility of the bidder. No changes will be made at any other time. Upon initial registration, you will need to input a credit card number (not retained) but will only be used to verify your identity. There will be no additional registration fees.
The registrant agrees that, should the registrant be the successful bidder on a lot, the following information regarding the transaction shall be published on the U.S. Department of the Treasury auction website:
1) The registered bidder's name;
2) The lot number;
3) The lot description; and,
4) Purchase price of lot.
Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 552 (2000)).
Bid Deposit: No bid deposit required.
Reserve: These auctions are conducted with reserve. The United States Department of the Treasury reserves the right to approve the final transfer of property the successful bidder, even after the auctioneer states "sold" or after the auction lot closes. Apple Towing & Apple Auctioneering Co. does not/ will not disclose the reserve amount. In addition, the United States Department of the Treasury, AECOM, Apple Towing Co. and Apple Auctioneering Co. retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion. Please note: there will not be a "Reserve Met" or "Reserve Not Met" disclosure during the auction.
Preview & Inspection: Bidders are urged to inspect property/merchandise prior to bidding. Failure to inspect shall not constitute the cause for cancellation of sale. Property/merchandise is available for inspection only at place and time specified by AECOM | Apple Towing Co | Apple Auctioneering Co and notated in each vehicle description. Absolutely no access to property/merchandise is allowed without prior AECOM | Apple Towing Co | Apple Auctioneering Co authorization. AECOM | Apple Towing Co | Apple Auctioneering Co may, at its discretion, provide photographs of the property/merchandise as a courtesy to bidders. Bidders are warned against bidding on any lot(s) based solely on the sample displayed or on the basis of photographs. AECOM | Apple Towing Co | Apple Auctioneering Co makes no warranty in relation to these samples or photographs. All persons attending preparation, preview inspection, sale or removal of merchandise assume all risks whatsoever of any damage or loss to person and or property and specifically release the AECOM | Apple Towing Co | Apple Auctioneering Co and the U.S. Treasury of any and all liability. No one under the age of 18 will be allowed to enter the auction area. Each registered bidder may have two companions in the auction area. No oversized bags or electronics are allowed in the auction area.
AECOM | Apple Towing Co | Apple Auctioneering Co and the U.S. Treasury reserves the right to add or delete vehicles to and from the auction at any time.
"As-Is, Where-Is": These assets will be auctioned AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION. DESCRIPTIONS OF VEHICLES, WRITTEN, PUBLISHED, OR ORAL ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. Information on conditions limited and subject to change without notice. Bidders may obtain additional information by attending the live previews and visually inspecting the items. It is the responsibility of the buyer to have inspected the merchandise and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely. AECOM | Apple Towing Co | Apple Auctioneering Co does not certify the accuracy of the information presented by any third party company that assist in the sale, and will not be responsible for any error made on their behalf. Some vehicles may have branded titles. Branded titles or odometer discrepancies, when known, are announced and included in the description or noted on the vehicle. Absence of mention of branded titles or remarks does not constitute any warranty or guarantee.
Technical Bidding Details: All lots end with a "Soft Close." A "Soft Close" means if any bid is placed within the last three minutes of the close of the auction, the bid will automatically extend the closing time an additional three minutes. Example: If a bid is placed at two minutes until close, it will extend the closing time to five minutes. This feature protects bidders from being outbid without the opportunity to be notified and place another bid before the close of the auction.
Placing a "Maximum Bid." Please be aware that when placing your "Maximum Bid", the website will bid on your behalf up to your set maximum bid by the preset bid increment of $25. Example: The current bid is $1000 and the bidder enters a maximum bid of $5000. The system will bid at the preset increment of $25 until the bidders "Maximum bid" is exceeded. At that point the bidder will be notified that he/she has been outbid (if that option is selected when registering). High bidder will only pay $25 more than the competing bidder. Please watch the auction closing time stop clock to determine exactly when the lot will close.
Tie Bid Precedence: In the event of a tie bid, precedence is given to the earliest bid. Hypothetical Example: Bidder #1 places a $10,000 max bid on a vehicle that currently has a high bid of $5000. The high bid is now at $5,025. Bidder #2 places a max bid at $7000. Bidder #2 is immediately outbid by the $10,000 max bid and the high bid immediately adjusts to $7,025. Bidder #2 decides to place a $10,000 max bid this time. He does not surpass the initial $10,000 max bid by Bidder #1 therefore he is not the high bidder. In the case of a tie bid, precedence is given to the earliest bid.
Auction End & Bid Approvals: At the close of the sale, all bidders will be emailed their bid results and the totals will be forwarded to the USDT for final approval. Once we receive approval, you will receive an email notification that your bid has been approved or denied. Payment instructions will be given at that time. Buyers of IRS-CI property need to be aware that IRS has up to 3 business days to approve purchases. IRS-CI vehicles notated in the vehicle description. If a buyer purchases multiple vehicles that include IRS-CI assets the payment deadline for non-IRS-CI assets does not extend due to delayed approvals. Each vehicle is considered a separate purchase. Apple Towing Co. | Apple Auctioneering Co. in its sole discretion reserves the right to declare an item sold, postpone or cancel the auction, extend the bidding time for this auction (which may re-open bidding on closed items, if any) and/or re-list the property for auction at another date and time. The decision of Apple Towing Co. | Apple Auctioneering Co. on this matter shall be final. Bidder acknowledges that, by registering in any auction held by Apple Towing Co. | Apple Auctioneering Co., Bidder accepts the terms and conditions of this disclaimer.
Property Offered for Sale by CBP, IRS-CI, ICE-HSI, or Secret Service: In accordance with 18 USC Section 1963(f) and 21 USC Section 853(h) of the Comprehensive Crime Control Act of 1984 and Department of the Treasury Policy, forfeited (general) property will not be sold to the defendant or person(s) acting as his/her agent. A general property sales contract may be cancelled by the Government in compliance with the above statutes or policy. Individuals must comply with this policy to be eligible for bidder registration.
Payment: All items must be paid in full within 48 hours (2 business days) from the bid approval email. Acceptable forms of payment are by method of bank wire transfer or cashier's check with overnight delivery made payable to Apple Towing Co. 2525 South Shore Blvd, Suite 202, League City, TX 77573 . Account information for bank wire transfers will be provided in the approval email. The wire transfer must include the buyer name and reference the lot(s) purchased. Buyer is responsible for all wire transfer fees charged by the financial institution. If fees are deducted from the total amount, buyer is responsible for balance due within the payment deadline. If full balance is not paid in full by the deadline, buyer is in default. Title work will be processed the following business day of bank wire posting to account. NO EXTENSIONS FOR FINAL PAYMENT WILL BE MADE FOR ANY REASON.
Unacceptable payment methods: No personal, business, or private issued checks, bank letters, credit/debit cards, money orders, or letters of credit will be accepted. In addition, onsite payment will not be accepted. Bidders should not attempt to finance any purchase through a bank or credit union, nor will the auction company negotiate with any lender. Bidders must have the funds available before placing any and all bids. Payment must be made by the successful registered bidder. Payment received by parties other than the successful registered bidder will be declined.
Default/Non-payment: The failure to make required deposit or final payments and/or comply with the timeframes specified in the sales catalog/brochure for removal of property shall be deemed forfeiture of any rights, title, and interest the Purchaser may have acquired. The title of such property shall revert back to the Government without further notice to the Purchaser and will result in any monies paid being forfeited. The transaction shall be null and void as to the Purchaser. The property will be processed for resale at the next available auction.
In addition, any Purchaser who defaults for non-payment will have their account suspended and bidding privileges revoked as follows:
a) Six-month suspension after second occurrence
b) Lifetime ban for any occurrence thereafter
Refunds: AECOM | Apple Towing Co | Apple Auctioneering Co do not make refunds, adjustments, or returns. All purchases are final.
Sales Tax: No tax will be collected by the auction company on any lot posted in this auction.
Applicable Taxes & Fees: All purchasers are responsible for the payment of any and all applicable taxes and fees imposed by any state, country, county, or political subdivision.
Paperwork Processing: Once the funds are received, the title work will be executed utilizing the buyer's registration information and sent via email to have all copies signed. Once fully executed, the property release will be emailed to the buyer, the property manager, and region supervisor. The releasing agent's name and contact information will be presented on the property release document. Originals will be mailed to the buyer.
Title Documents: Title will be conveyed via the below documents and will be mailed to the buyer following business day after copies of signatures are obtained.
Vehicle Title: Buyers will receive a GSA Standard Form SF-97 stamped " DISMANTLE; SCRAP/ PARTS ONLY; CANNOT BE RE-REGISTERED; CANNOT BE EXPORTED." Non-repairable vehicle title. This vehicle may not be repaired, rebuilt, or reconstructed, issued a regular certificate of title, registered or operated on roadways. This vehicle may be used only as a source for used parts or scrap metal. Assets as a whole must be parted out, and may not be re-sold absolute or exported out of the United States.
Release & Removal: Removal must be completed on or before the 7th business day (for domestic property/merchandise) after the sale date or the buyer will default the terms of sale and property/merchandise will be resold by U.S. Department of the Treasury. Said property/merchandise shall revert and repossess to the United States Government without further notice to the buyer and will result in any monies paid being forfeited and the transaction shall be null and void as to buyer. Storage arrangements after removal dates are solely between the buyer and storage vendor. Please note: delay of approval, payment, and/or the signing of title documents does not extend the removal deadline.
Property/merchandise must be paid in full before removal. No partial release of any lots. Removal is by appointment only and should be made by the buyer with the storage vendor only after buyer has received the necessary Property Release document. A physical hard copy of your property release is required in order to pick up your property. It is the sole responsibility of the buyer to remove the property purchased by the removal date. All property/merchandise in a lot must be released to original buyer at one time. Removal is at the expense, liability, and risk of the buyer. Please do not make flight arrangements or schedule pickups in advance, until you receive authorization via email to do so. If original buyer intends on picking up the vehicle/vessel: Buyer (named on Bill of Sale) must show copies of the Bill of Sale, Property Release Form and valid ID. If buyer intends on sending an agent or transport service to pick up the vehicle/vessel: The buyer must complete the Release Authorization section of the Property Release stating that the named person picking up your conveyance is permitted to do so on your behalf. That person must show physical copies of that signed Property Release with Release Authorization section completed, the buyer’s ID, the agents ID, and Bill of Sale.
Shipping: It is the buyer's responsibility to arrange the shipping. AECOM | Apple Towing Co | Apple Auctioneering Co will not ship any items. It is the responsibility of the buyer to remove the property/merchandise purchased by the removal date and to arrange for shipping. Removal is at the expense, liability, and risk of the buyer.
Collusion: Practices that eliminate competition, such as collusive bidding, may warrant criminal, civil, or administrative action against the participant(s) and may be referred to the Department of Justice (DOJ) in accordance with 41 U.S.C. 101-45.317.1.
Information Disclosure: The Purchaser agrees to the publication of his/her/company registered name, lot number, lot description and purchase price on the U.S. Department of the Treasury auction website. Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 552 (2000)).
Technical Assistance: To serve you best, please direct all questions via email to firstname.lastname@example.org or call 713-600-7778. AECOM | Apple Towing Co | Apple Auctioneering Co accepts no responsibility for loss of connectivity, technical difficulties, or any other circumstances beyond our control.
Limitation of Government Liability: Except for reasonable packing, loading, and transportation costs (such packing, loading, and transportation costs being recoverable only when a return of property at the Government's cost is specifically authorized in writing by the Contracting Officer or other costs authorized in writing by the Contracting Officer), the measure of the liability of the Government under any provisions of the terms and conditions in any case where liability of the Government to the Purchaser has been established shall not exceed the refund of such portion of the purchase price as the Government may have received.
Requirements to Comply with Applicable Laws and Regulations: It is the Purchaser's responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use, or disposal of the property listed in the sales catalog. The Purchaser or user of this property is not excused from any violation of such laws or regulations either because the United States is a party to this sale or has had any interest in the property at any time.
False Advertising and Unfair or Deceptive Actions: The use of false or misleading advertisements in commerce or other unfair or deceptive practices are unlawful (15 U.S.C. 45, et. seq.). In disposing of any property purchased from the Government, purchasers should exercise extreme caution in preparing advertisements to ensure that they do not violate applicable Federal, state or foreign government laws.
Disputes: The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party. Any contract resulting from this offering is subject to the Contract Disputes Act of 1978, Public Law 95-563. The current "Dispute" clause found in 48 U.S.C. 52.233-1 is hereby incorporated for reference. All requests for refunds or adjustments should be submitted to the Contractor.
Director, Risk Management
2450 Crystal Drive, Ste 500
Arlington, VA 22202
Any dispute which cannot be resolved by the Contractor may be directed to:
Mr. William Stevens
Department of the Treasury, IRS
OS:A:P:T, Stop C7-430
5000 Ellin Road
Lanham, MD 20706
Apple Auctioneering Co. is regulated by the Texas Department of Licensing and
Regulation. Auctioneer Kevin C. Scully #TX16772 Direct any and all complaints to: Texas
Department of Licensing & Regulation P.O. BOX 12157 Austin, TX 78711 800-803-9202
In California: Complying with the State of California Civil Code Section 1812.600 the following
Bond is filed with the California Secretary of State: Auctioneer Kevin C. Scully, Apple
Auctioneering Co. Bond #71125500 Disclaimer: The auction is being conducted in compliance
with Sec. 2328 of Commercial Code, Sec. 535 of The Penal Code, and the provisions of the
California Civil Code.
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.