Auction Terms & Conditions
The term "Seller | Authorized Agent | Prime Contractor" refers to the United States Marshals Service & Apple Towing Co. | Apple Auctioneering Co.
General Information: The placement of a successful bid at a United States Marshals Service auction establishes a legally binding contract between the successful high bidder and the United States Marshals Service. 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.
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 United States Marshals Service 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.
The Contractor's subcontractor may not act as agent for a third party in purchasing Government 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.
Registration: In the menu bar create an account by clicking "New Bidder". 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. This also applies to a change of address or business. This is the responsibility of the bidder. Upon initial registration, you may need to input a credit card number but will only be used to verify your identity. There will be no additional registration fees. Seller | Authorized agent | Prime contractor reserves the right to accept or deny bidders for any reason.
Bid Deposit: Deposit: There will be a $1,000 pre-bid deposit required to bid. Deposits will not be applied to purchase price.
There will be (one) $1,000 refundable pre-bid deposit required prior to placing a bid on any and all asset(s) in the featured auction. Pre-bid deposits for all online bidders must be received by Saturday, 10/26/2019 at 8AM PT (11AM ET). Pre-bid deposits received after this deadline will not be accepted. If you are the successful high bidder, your $1,000 deposit will not be considered a $1,000 down payment. All pre-bid deposits will be refunded within 7-10 business days, unless the high bidder defaults payment for a winning bid. If full payment is not received for items successfully won at auction by Wednesday, 10/30/2019 5PM ET, the $1,000 deposit becomes non-refundable at which point the property shall revert back to the government without further notice to the bidder and will result in any monies paid, rights, title and interest the bidder may have acquired being forfeited. The transaction shall be null and void as to the purchaser and the asset(s) will either be processed for resale in a subsequent auction or offered to the second highest bidder at their last bid amount.
1) Register: Prior to submitting your pre-bid deposit, you are required to register for the featured auction online. Enter the online auction, then create an account by clicking "Login/ New Bidder" in the top menu bar or the red "Register to Bid" button. Follow the instructions provided. If you have already done so, please proceed to Step 2.
2) Complete the Credit Card Authorization Form at appleauctioneeringco.com/deposit. All deposits must be submitted by method of credit card. Bidding in this auction will not be permitted without a credit card validation. Credit card authorizations will place a 7-10 day hold of $1,000.00 with your credit card company. Failure to provide a valid credit card will preclude participation in this auction.
3) Once your deposit has been submitted: Please allow up to 24 hours for the sales team to run your card and approve your account.
4) Once your deposit is received, your bidding privileges will be updated (approved/ denied). You will receive a confirmation email once you have been approved and at that time you may login to begin bidding. Please note: If you do not register for the auction online, we have no way of adjusting your account privileges to (approved/denied).
Reserve: This auction is conducted with reserve. The United States Marshals Service reserves the right to approve the final transfer of property the successful bidder, even after the auction lot closes. Seller | Authorized Agent | Prime Contractor does not/ will not disclose the reserve amount. In addition, the Seller | Authorized Agent | Prime Contractor 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 cause for cancellation of sale. Property/merchandise is available for inspection only at places and times specified by the Seller | Authorized Agent | Prime Contractor and notated in each vehicle description. Absolutely no access to property/merchandise is allowed without prior United States Marshals Service authorization. Seller | Authorized Agent | Prime Contractor 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 based on photographs. Seller | Authorized Agent | Prime Contractor makes no warranty in relation to these samples or photographs.
Assets stored in three separate locations (CA, AZ, NV) will be offered in this auction. Preview dates, times and locations as follows:
1) Preview & live auction location for assets located in CA: Apple Towing Co. (Woodland)- 550 N. Pioneer Avenue, Woodland, CA 95776 (713-600-7778). Preview Thursday, 10/24/2019 from 8AM-4PM PT; Friday, 10/25/2019 from 8AM-4PM PT.
2) Preview for assets located in AZ: Apple Towing Co. (Guadalupe) - 5720 East Mineral Road, Guadalupe, AZ 85283 (602-796-2188). Preview Friday, 10/18/2019 from 8AM-4PM PT.
3) Preview for assets located in NV: Big Valley Towing - 2132 N. Commerce St., North Las Vegas, NV 89030 (702-233-2869). Preview Friday, 10/18/2019 from 8AM-4PM PT.
Items added or deleted from the sale: Seller | Authorized Agent | Prime Contractor reserves the right to add/ delete vehicles to/ from the auction at any time.
"As-Is, Where-Is": These assets are auctioned off 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 thoroughly the merchandise and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely. Seller | Authorized Agent | Prime Contractor 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 and or odometer discrepancies. Branded titles and odometer discrepancies, when known, are announced, included in the description or noted on the vehicle. Absence of mention of branded titles or odometer discrepancies or remarks does not constitute any warranty or guarantee. The vehicles being auctioned may be subject to open vehicle recall notices. It is the buyer's sole responsibility to check for and act upon any applicable recall notices. Recalls and other vehicle safety information is available at the National Highway Traffic Safety Administration website, www.nhtsa.gov/recalls. ALL PURCHASES ARE FINAL.
Placing a "Maximum Auto Bid." When placing your "Maximum Auto Bid" the website will bid on your behalf up to the amount you enter by the preset bid increment. Please note the "Maximum Auto Bid" feature is only available until the live auction begins. The maximum auto bid will continue to be in effect for the high bidder at the time of the live auction until the max bid amount is exceeded. High bidder will only pay one increment more than the competing bidder. Highest online bid will become the opening bid during the live auction. If no additional bids are placed, highest online bidder will be the successful winner.
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 United States Marshals Service 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. 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.
Payment Collection & Deadline: Method of payment is by Wire Transfer or Cashier's Check made payable to Apple Towing Co. All payments must be received by Wednesday, 10/30/2019 5PM ET. The auction company will collect onsite the date of the live auction until 5pm PT. All payments submitted after the live auction date must be submitted by method of either wire transfer or a cashier's check with overnight delivery to our headquarters in League City, TX (2525 South Shore Blvd, Suite 202, League City, TX 77573). Account information and payment instructions will be emailed to all successful online bidders and provided to all live auction attendants that have successfully won an item. The wire transfer must include the buyer name and reference the lot(s) purchased. 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. If a buyer does not pay within the specified time frame, backs out, submits a check containing insufficient funds, or issues a "stop payment" that buyer will be banned from all future Apple Towing Co. | Apple Auctioneering Co. auctions.
Buyer's Premium: No buyer's premium.
Sales Tax: No tax will be collected by the auction company on any lot located outside of Arizona. Notice on Arizona lots only: Auction company must collect (Guadalupe 10.3%) sales tax from Arizona residents depending on asset location unless an Arizona Resale Certificate (Arizona Form 5000A) is provided during checkout. Out of state buyers must provide a copy of their ID and complete an ADOR Form 5011 (which will be provided) in lieu of tax.
Applicable Taxes & Fees: All purchasers are responsible for the payment of any and all applicable taxes or fees imposed by any state, country, county, or political subdivision.
Refunds: Apple Towing Co | Apple Auctioneering Co do not make refunds, adjustments, or returns. All purchases are final.
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.
Vehicle Title: Purchasers will receive a government Standard Form 97 (Certificate to Obtain Title) which they will take to their local Department of Motor Vehicles to transfer ownership. The SF-97 supersedes the prior title directly into the purchaser's name once processed by the state. The state then mails the new title to the purchaser. Please note: these assets will remain in the name of the defendant in which they were seized until the SF-97s are processed with the state. For this reason, it is very important that the original SF-97 be processed with the DMV immediately upon receipt.
Release & Removal: (On Auction Day- 10/26/2019): No assets will be released until the live auction has completed. Removal on auction day will be available until 7pm PT.
Removal (After Auction Day- 10/27/2019): Removal will be available Sunday, 10/27/2019 from 8am-5pm PT. All removals beginning Monday, 10/28/2019 must be made by appointment (530-510-1124). The removal deadline for all assets is 11/8/2019 5pm PT. Any asset not released by 11/8/2019 will be charged $25/day per asset. Storage payments may be made by credit card by calling 713-600-7778. All storage agreements are null and void after 11/22/2019. This is the absolute deadline regardless of storage arrangements. Any asset remaining in inventory after 11/22/2019 will be seized and resold by the U.S. Marshals Service. 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.
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. Buyer must present a photo I.D. at the time of property release. If the registered buyer chooses to send an agent to pick up property on their behalf, the buyer must prepare and sign an authorization letter identifying the agent to act on his/her behalf, as well as provide agent with a copy of Buyer's photo I.D.
Shipping: It is the buyer's responsibility to arrange the shipping. 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 and may be referred to the U.S. Department of Justice.
Technical Assistance: To serve you best, please direct all questions via email to firstname.lastname@example.org or call 713-600-7778. Apple Towing Co | Apple Auctioneering Co accepts no responsibility for loss of connectivity, technical difficulties, or any other circumstances beyond our control.
Technical Difficulties and Internet Issues: Apple Towing Co. | Apple Auctioneering Co. has made every reasonable effort to facilitate online bidding. However, it is possible that technical difficulties and internet issues may arise that affect Apple Towing Co. | Apple Auctioneering Co.'s website, bidding platform, computer, server or the bidder's computer, personal device or software which is beyond the control of Apple Towing Co. | Apple Auctioneering Co. By registering Bidder acknowledges that Apple Towing Co. | Apple Auctioneering Co. is not responsible for technical difficulties or internet issues associated with a bid and that, in the event technical difficulties interfere with or prevent a bid, it may be necessary to withdraw items from bidding due to technical errors or uncontrollable circumstances. Further, in the event of the occurrence of a technical difficulty during an auction, 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.
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.
Recalls: The vehicles being auctioned may be subject to open recall notices. It is the buyer's sole responsibility to check for and act upon any applicable recall notices. Failure to mention or absence of notice does not imply that a vehicle does not have an open safety recall and does not constitute any warranty, guarantee, or refund. Recalls and other vehicle safety information is available at the National Highway Traffic Safety Administration website, www.nhtsa.gov/recalls.
California Smog Emissions Disclaimer: CA Veh Code § 24007.5 Auction conducted pursuant to order of court. All smog-related repairs are the sole responsibility of the buyer. Seller does not accept responsibility for the failure of any vehicle sold, or the failure of a vehicle to meet safety standards or emissions control equipment regulations as set by any Federal, State, or local agency. It is the express responsibility of the buyer to comply with any safety or emission control equipment requirements prior to using any vehicle purchased. Seller may provide a passing smog certification as a courtesy to the buyer. Please note the expiration on the smog certificate. If buyer is provided a passing smog certification, it does not imply or guarantee that the vehicle will pass a future emissions test. Purchases are "As-Is."
Right to Refuse: Seller | Authorized Agent | Prime Contractor prides itself and its employees as part of a highly professional organization and conducts business at all its facilities not just based on the above terms and conditions but as a professional entity. During the course of the auction which includes but are not limited to preview day, exchange of information on an asset, release and pick up of the assets sold to a buyer, the buyer or its representative may not engage in any non-business like and unprofessional conduct which may be inconsistent with the Seller | Authorized Agent | Prime Contractor business practices. These acts could include but are not limited to disrespect of an employee, use of unprofessional and abusive language verbal or otherwise. If such performance is reported to management of the Seller | Authorized Agent | Prime Contractor, it has the right to ban that individual from future auctions from any of its facilities. In addition, Seller | Authorized Agent | Prime Contractor, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason.
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. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. 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. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute. We reserve the right to video tape all live auctions.
Any dispute which cannot be resolved by the Contractor may be directed to the local district office in which the asset was purchased. Directory may be found on the United States Marshals Service website: https://www.usmarshals.gov
Apple Auctioneering Co. is regulated by the Texas Department of Licensing and Regulation. Auctioneer Kevin C. Scully #TX16772, Mike Guinn TX16777. Direct any and all complaints to: Texas Department of Licensing & Regulation P.O. BOX 12157 Austin, TX 78711 800-803-9202 www.tdlr.texas.gov.
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.