Auction Terms & Conditions
Monarch Certified Appraisal, Brokerage & Auction, LLC.
Terms and Conditions of Sale
Date Published: February 27, 2016 10:27 AM
Terms and Conditions
By registering and/or bidding on any item, the bidder/buyer agrees to of following terms and conditions. Do not register or bid unless you agree to all of the terms and conditions:
1) Registration: To gain bidder/buyer access to this online auction, you will need to register and create a user name and password. Bidders must be 18 years of age or older to register. All information provided by bidder/buyer during the registration process must be current, complete, and accurate. You will be banned from participation in the Auctioneer's auctions indefinitely should you provide any false information during the registration process.
2) Changes To Terms and Conditions: At any time Monarch Certified Appraisal, Brokerage & Auction, LLC. has the right to make changes to the Terms and Conditions. The most current published date and time of the Terms and Conditions made prior to the closing of the auction will supersede any prior oral or written Terms and Conditions for this auction.
3) Disclaimer: All lots are sold "AS-IS, WHERE-IS", with all faults, imperfections and errors. Monarch Certified Appraisal, Brokerage & Auction, LLC. and the seller(s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Monarch Certified Appraisal, Brokerage & Auction, LLC. encourages all bidders to inspect lots in person before bidding. Monarch Certified Appraisal, Brokerage & Auction, LLC. has put forth every effort in preparing the catalog for every auction to provide accurate descriptions of all items. however, it is the bidder's responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Any bidder's failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Term and Conditions, pricing, or how to bid; IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, Monarch Certified Appraisal, Brokerage & Auction, LLC. URGES YOU TO NOT BID.
4) Conduct of the Auction: All bids, and credits in this sale will be made in United States Dollars. All bidding increments are determined by Monarch Certified Appraisal, Brokerage & Auction, LLC. and may change at any time. Monarch Certified Appraisal, Brokerage & Auction, LLC. has the right to add, remove, split and join lots at their discretion. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. 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's: Each bidder agrees to keep profile information current, complete all necessary investigation before making any bids and bidding on items/lots wisely.
a) Update Information: Whether you are new or returning bidder, you agree to maintain current and accurate bidder information for your bidder number including contact information, credit card information. Your changes will notify the Auctioneer via the profile changes and may happen before, during and after any auctions.
b) Investigation: You are bidding on items/lots based on the descriptions and photographs. Carefully inspect photos and descriptions and if you are unsure of the condition, completeness, or suitability of items or lots, please bid accordingly.
c) Bidding Wisely: Only bid on items/lots when you are completely satisfied that you want and will pay for them if you are the successful bidder.
6) Max Bid: When you place a max bid, the current bid does not automatically change to your max bid. Your current bid will go the next highest incremental bid and the bid will continue to increase as others bid against you. The bidder is responsible for all bids placed and by placing a Max bid you agree that you will pay up to the max bid amount for the item or lot.
7) Winning Bid: At the closing of the item/lot, the last successful bidder to bid on the item/lot is the winning bidder.
8) Closing: The Auctioneer's online auctions are a simulation of "live" auctions. For this reason, this auction will have a staggered dynamic closing.
a) Staggered Closing: Our Online Auctions begin closing at a rate of 5 auctions per minute, every minute. The Dynamic closing feature can extend the closing time for affected items/lots.
b) Dynamic Closing: In the case of items/lots bid on in the last two minutes before scheduled closing, the items closing time will be incremented by 2 minutes and bidding will continue until the last 2 minutes occur without any bidding.
9) Buyer's Premium, Discounts and Sales Tax: Unless an auction specifies otherwise, a 18% buyer's premium will be charged on all items and lots. All bidders are subject to the same premium and should bid accordingly. For example a hundred dollar lot will be charged $118 on the invoice. Please take into consideration when bidding. The buyer's premium will be discounted 3% for buyers paying with cash or check. Missouri's 5.225% Sales Tax applies.
10) Payment: Monarch Certified Appraisal, Brokerage & Auction, LLC. accepts the following forms of payment: Cash, Major Credit Cards, Personal Checks and Business Checks.
a) Cash: In order for Monarch Certified Appraisal, Brokerage & Auction, LLC. to process your winning bid with Cash payment, your Cash needs to be collected in full by the final pickup date and time, otherwise you will be invoiced and charged an additional storage fee.
b) Credit Card: In order for Monarch Certified Appraisal, Brokerage & Auction, LLC. to process your winning bid with a credit card, you must provide a working Visa, MasterCard or Discover associated with your account with sufficient funds available to cover your purchases. All credit card purchases will be due at the close of the auction.
c) Checks: In order for Monarch Certified Appraisal, Brokerage & Auction, LLC. to process your winning bid with a Check, your payment needs to be collected in full by the final pickup date and time, otherwise you will be invoiced and charged an additional storage fee. Any check payments greater than $1,000 will require the check to clear the bank before receipt of purchases. All out of state checks must be accompanied by an irrevocable Bank Letter of Guarantee. The auction company has the right to override any check requirements for any reason.
11) Pickup Purchases: The successful bidder has five business days after the close of the item/lot to pickup item/lot purchased. It is the successful bidder's responsibility to schedule a pickup date and time in the pickup window. All pickup times can be scheduled by emailing [email protected]
with desired date and time and phone number we can contact you at to give you confirmation and location for the pickup. In order to pickup the purchased items/lots the buyer must have a paid receipt and a valid driver's license.
12) Issue Reporting: It is important that all issues are reported as soon as possible to [email protected]
After review of the issue it is up to Monarch Certified Appraisal, Brokerage & Auction, LLC. validate if it is an issue, make any changes deemed necessary to correct issue and respond back to you in a timely manner.
13) Disposal of Unclaimed Items: If you abandon or refuse to pay for any item that you win at auction by the end of the 5th business day following the close of the auction, the Auctioneer will have the right to store, resale, dispose or remove of the abandoned or unpaid or item. You agree that you will be personally responsible for all deficiencies including storage, transportation, collection and all legal expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any difference between your original purchase price and the resale price.
14) Non-Delivery: In the unusual event that an item has been totally misdescribed or is unavailable for pickup during the published removal times, you must immediately, within 24 hours, email [email protected]
the fully described problem identified and file a claim for non-delivery. You understand and agree that your claim for non-delivery will not be honored if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning bids.
15) Choice of Venue and Claims: Any claim relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) if the claim in question amounts to more than $5,000, than the claim will go to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, or (2) if the claim in question is less than or equal to $5,000, than the claim will appear in Clay County, Missouri's Small Claims Court. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be arbitrated or litigated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Clay County, Missouri. 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 counter party may recover reasonable legal costs and fees. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
16) Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 17 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
17) Liability: In all cases, the Seller's and Auctioneer's liability of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the cancellation or postponement of this auction, or the withdrawal of any lot or item from this auction. In no event will the Auctioneer be liable for lost profits or any consequential, incidental or consequential damages arising out of or in connection with this auction or any related sale or transaction.
18) No Liability: The Auctioneer is not liable for issues caused by other parties.
a) Acts of Third Parties: The Auctioneer is not responsible for any action taken by any bidder, seller or other third party before, during, or after this auction.
b) 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 resell any item, void or suspend any sale, if the Auctioneer determines a transaction to have been affected by any site malfunction.
19) Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its representatives, affiliates, employees, owners, agents, and officers from and against any losses, claims, damages, expenses, liabilities, judgments, costs, and fees, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, property damage or personal injury caused at any sales site or during transportation or removal of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
20) Limitations: These Terms and Conditions do not, nor are they intended to create any franchisor-franchisee, agency, joint venture, partnership or employer-employee relationship. These Terms and Conditions cannot be altered except in writing and published by the Auctioneer.
21) Severability: If any condition, term, paragraph, provision, or other portion of this agreement, or the application of these, to any circumstance, place, or person, is held to be invalid, void or unenforceable, the remainder of this agreement and such condition, provision, term, or covenant as applied to other persons, places and circumstances will remain in effect and full force.
22) Governing Law: These Terms and Conditions will be construed and governed by the laws of the State of Missouri.
23) Questions: For any questions regarding this online auction, please email us at [email protected]
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.