Auction Terms & Conditions
TERMS & CONDITIONS: The following Terms and Conditions of this auction & all auctions, buy it now & or make an offer for any & / or all lots / items offered by PREMIER AUCTION HOUSE Inc., (herein referred to as PAH, or Pah, or Premier Auction House Inc., or Premier, or Premier Auction House) supersedes all previous terms prior to them & grandfather in all previous auctions, make an offer, & buy it now's transactions etc., between any buyers, bidder and or by any other parties, affiliates, associates etc.,. and conditions and are as follows: Bidder, Bidder(s), Buyer & Buyer(s), winnings / lots / sales, purchase(s) are interchangeable for the context of these terms.
REGISTERING FOR A BIDDER NUMBER: The registering to get a bidder number from & / or for PAH shall be with the understanding of all of these terms & constitute acceptance of these terms by the registered person(s) / bidder(s). The registering / registered bidder certifies that they are (18) years old or older, of sound mind, not under the influence of any substance(s) that can & or does impair their judgement when registering & or bidding, making an offer & / or buying it now. Further the person(s) registering can and willingly sign up for a bidder number and or participate in this and or any auction, any make an offer, & / or buy it now's of PAH. The bidder should not & or may not allow anyone else to bid, make an offer & or buy it now using their bidder number & fully understands and agrees that they are financially responsible for all monies due that is associated with their bidder number even if they allowed someone else to bid using their number. The bidder(s) give their full consent to Pah to add, transfer & / or update their bidder profile(s) into any Pah used database / platform at anytime. Any registered bidder(s) may not conspire with anyone or any other registered bidders on how much to bid, what to bid on or anything else in regard to any items, lots etc., that is offered for auction & / or sale thru & / or by PAH, its representatives, subcontractors, Auctioneer(s), the Auction staff or Seller / Consignor etc.,.
TERMS OF GUARANTEE: All lots are auctioned, sold as a buy it now & / or make an offer are sold "as is, with all faults if any" and "where is" & all sales are final, there is no guarantee on any items / lot(s) offered by & or thru PAH. All property is described to the best of our knowledge; however, neither the consignor(s) & / or PAH., and its affiliates, subcontractors, the Auctioneer(s) etc., make any warranties, express or implied, with respect to such property as to the physical condition, quality, rarity, importance, authorship, provenance, medium, period, origin or estimated value of any item(s) & / or lot(s). No statement anywhere, whether oral or written, whether made in the catalog or advertisement, bill of sale, gallery posting, announcement or remarks by staff, subcontractor(s) the auctioneer(s) etc., shall be a warranty, representation or assumption of liability.
PREVIEW: Bidder acknowledges & agrees that all lots were available for inspection prior to the Auction and that the bidder(s) relied solely on their representative(s), expert(s) & / or their own inspection of the lots and not any information listed in the catalog or otherwise provided by PAH, its representatives, subcontractors, Auctioneer(s), the Auction staff or Seller / Consignor etc.,. Bidder(s) fully agree to hold harmless & indemnifies PAH, its representatives, subcontractors, Auctioneer(s), the Auction staff or Seller / Consignor etc.,. for any & / all claims that may & / or arise out of any item / lot offered for auction & / or sale by PAH, its representatives, subcontractors, Auctioneer(s), the Auction staff or Seller / Consignor etc.,.
HIGH & LOW ESTIMATES: High and low estimates are provided solely for comparison purposes and PAH makes no warranties of any kind relating to them.
BUYER PREMIUM: A Buyer(s) premium of 19% of the winning bid, make an offer &/or the buy it now amount(s) will be added to the purchase price of each lot. **The winning bidders of auction(s) acknowledge and agree to pay a total of 19% buyers premium on top of the winning bid price, make an offer &/or the buy it now price in addition to the sales tax &/or any fees such as storage, packing, shipping, insurance etc.,
SALES TAX: All Bidders / Buyers are required to pay local sales tax on all items purchased thru any means including Auction, Make An Offer, Buy It Now etc., unless exempted by law. If exempt, buyers must file a tax exemption form with PREMIER AUCTION HOUSE Inc., before any exemption can be made. FL residents will be charged 7% sales tax unless exempt. Bidders outside of Florida are responsible to pay their own taxes, fees, duties etc., whether known or unknown to them at anytime.
INVOICES & PAYMENT(S): Buyers may pay using WePay (when applicable) Square & / or wire transfers for all internet payments. Internet payments and live auction winning payments will be at PAH sole discretion in which PAH reserves the right to accept & / or refuse any payment type from anyone at anytime. Invoices will be emailed &/or given to the successful bidder / buyer. IF YOU DO NOT RECEIVE YOUR INVOICE WITHIN 48 HOURS AFTER CLOSE OF THE AUCTION YOU MUST CONTACT US VIA EMAIL @ PREMIERAUCTIONHOUSEINC@GMAIL.COM INFORMING US THAT YOU DID NOT RECEIVE YOUR INVOICE. YOUR PAYMENT IS DUE ON THE AUCTION DATE(S) FOR ALL AUCTION WINNINGS WHEN YOU ATTEND THE LIVE AUCTION, INVOICES THAT ARE EMAILED SHALL BE DUE (4) DAYS AFTER THE INVOICE IS SENT (DOES INCLUDE HOLIDAYS & WEEKENDS). Due to the uncontrollable nature of the delivery of email, if you have participated in an auction, & / or a make an offer & or a buy it now, you are responsible to inquire regarding whether or not you were a successful bidder / buyer. **Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment. If we do not receive your payment on or before scheduled pick up date and time & / or the invoiced time for all make an offer, or buy it now's, the bidder(s) agrees and authorizes PAH to move forward with any and all remedies available to us, including charging your credit card on file for the full amount including bid totals, buyers premium etc., with no refund to the bidder(s). The Bidder(s) are responsible for paying in US DOLLAR currency.
VALID PROOF OF ID &/OR PAYMENT METHOD: PAH @ its discretion may require you to provide a copy of a Valid US Government issued ID & or a copy of the Credit Card you paid with (showing only the last (4) digits and your name on the Credit Card, to prevent payment fraud). If you do not provide the information when requested then your winning(s) shall not be released for pickup & or shipping. If you do not provide the aforementioned information within the (5) day pick up as outlined in these terms then you waive / forfeit your rights to your paid winnings with no refunds etc., as outlined in these Terms. No verbal message can change the same.
PACKING & SHIPPING: IT IS SOLELY THE RESPONSIBILITY OF THE BIDDER TO ARRANGE, INSURE AND PAY FOR ALL DELIVERY, PACKING, INSURANCE &/OR SHIPPING OF ALL OF THEIR WON LOTS. THE INSURANCE AMOUNT IS RECOMMENDED TO BE FOR THE INVOICED AMOUNT. THE REMOVAL OF ALL PAID IN FULL WON LOTS IS ON OR BEFORE THE 5TH DAY AFTER CLOSE OF THE AUCTION(S) LAST DAY. EXAMPLE AN AUCTION IS THE 1ST thru THE 4TH THEN ALL ITEMS MUST A DELIVERY SCHEDULED, PACKED & PICKED UP BY A SHIPPER &/OR PICKED UP ON OR BEFORE THE 9TH, INCLUDES HOLIDAYS AND WEEKENDS. THE BIDDER FULLY INDEMNIFIES PAH, its representatives, subcontractors, Auctioneer(s), the Auction staff or Seller / Consignor etc., from any claims that may arise out of the bidders transported, picked up & / or packing & shipping of the bidders winnings. PAH exclusively reserves the right extend the timeline of pickup for &/or by any of the listed shippers if desired at its sole discretion on a case by case basis.
WAIVER OF RIGHTS, CLAIM(S) ETC., OF NON DELIVERED / PICKED UP &/OR PACKED & SHIPPED WON / PURCHASED & PAID FOR LOTS / ITEMS: The bidder(s) / buyer(s) / purchaser(s) agree to waive, rescind, forego &/or give up any known &/or unknown rights, claims, ownership, authority etc., to any won &/or purchased (either paid for or not paid for) item(s) / lot(s) / winning(s) that they did not have delivered, picked up &/or shipped etc.,. All non picked up, non delivered &/or non shipped item(s) / lot(s) / winning(s) remain the property of the consignor(s) and may be disposed of, relisted, re auctioned, resold &/or done / dealt with solely @ PAH discretion.
AUTHORIZED REPRESENTATIVES & PICKUP OF WINNINGS: ALL WINNINGS MUST BE REMOVED FROM PAH POSSESSION WITHIN (5) DAYS OF THE LAST DAY OF ANY AUCTION. EXAMPLE: IF A AUCTION IS A (4) DAY EVENT FROM THE 1ST THRU THE 4TH, THEN THE WINNINGS MUST BE PICKED UP / REMOVED ON OR BEFORE THE 9TH (INCLUDING HOLIDAYS AND WEEKENDS). PAH RESERVES THE EXCLUSIVE RIGHT TO EXTEND THE TIMELINE FOR PICKUP FOR &/OR BY ANY OF THE LISTED SHIPPERS AT ITS SOLE DISCRETION. WINNINGS SHALL NOT BE TAKEN WITHOUT PAYMENT IN FULL BEING MADE. YOUR AUTHORIZED REPRESENTATIVE MUST HAVE A VALID UNITED STATES GOVERNMENT ISSUED ID (IN WHICH A COPY SHALL / MAYBE TAKEN BY PAH) AND SHALL SIGN FOR ALL WINNINGS THAT ARE TAKEN. WITHOUT A VALID ID AND THE SIGNATURE OF YOUR REPRESENTATIVE YOUR WINNINGS SHALL NOT BE GIVEN. PAH SHALL &/OR MAY DISPOSE OF, GIVE AWAY, DONATE, PUT BACK INTO INVENTORY &/OR RESELL / RE-AUCTION (WITHOUT ANY MONIES BEING DISTRIBUTED TO YOU) YOUR WINNINGS WITHIN ANY TIME AFTER THE SCHEDULED PICKUP DAY(S) @ OUR DISCRETION & YOU SHALL STILL BE RESPONSIBLE TO PAY FOR YOUR WINNINGS / PURCHASES & the winning bidder(s) / buyer(s) loses & / or forfeits etc., the rights & monies paid for the items even when the bidder(s) / buyer(s) paid for the items.
WINNINGS NOT AVAILABLE FOR PICKUP ON THE SCHEDULED PICKUP DAY(S): In the event an item is not available for pickup @ the designated pick up time(s) & date(s) then the Buyer must notify the on site staff and / or file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date, in the subject line of the email you must put "item not available for pickup". After 24 hours, PAH, its representatives, subcontractors, Auctioneers etc., and the Buyer(s) agree that no adjustment credit or refund will be made.
PAH DOES NOT RECOMMEND THE FOLLOWING COMPANY, WE ARE LISTING IT AS A COURTESY FOR THE BIDDER(S) BENEFIT. YOU MUST VET THIS AND OR ANY OTHER COMPANIES & / OR PERSON(S) OF YOUR CHOICE ON YOUR OWN. THE BIDDER IS SOLELY RESPONSIBLE TO DEAL DIRECTLY WITH & PAY ANY PACK & SHIP COMPANIES OR ANY OTHER PERSON(S) THAT SHALL PROCURE THEIR WINNINGS.
A LOCAL PACKING & SHIPPING COMPANY:
Englewood Fl.- Parcel Express (941) 475-4999
WAIVER OF RIGHTS AT PICKUP: **BIDDER IS RESPONSIBLE FOR SUPPLYING ALL PACKING & / OR MOVING SUPPLIES, LABOR ETC., INCLUDING BUT NOT LIMITED TO BOXES, PAPER AND PERSONNEL TO HELP MOVE ITEMS PURCHASED WHEN PICKED UP & / OR FOR PACKING & SHIPPING. BIDDER / WINNER PICKS UP THE ITEMS / WINNINGS AT THEIR OWN RISK. ALL HELP OF THE BIDDER / WINNERS PICK UP THE WINNINGS AT THEIR OWN RISK. ALL PARTIES AGREE TO HOLD PAH, ITS HEIRS, AGENTS, REPRESENTATIVES ETC., HARMLESS OF ANY DAMAGE OR INJURY ETC THAT OCCURS WHILE AT ANY LOCATION FOR ANY PREVIEW, AUCTION, PICK UP ETC.,.
WAIVER OF DAMAGE CLAIM(S): The bidder(s) indemnify Premier Auction House Inc., the Auctioneer, representatives, subcontractor(s), agents & any / all of their respective heirs, family, friends, representatives, agents etc of any claims arising to any won & / or paid for lots / items from any auction, buy it now, accepted offer etc., for any damage, loss & / or instance of occurrence to any items moved and or transported from the auction location to any other location due to the bidder not taking the winnings at the end of the auction day & / or within the (5) day pick up time from the last day of the auction.
DETERMINING THE HIGHEST BIDDER & / OR THE BUYER(S): The highest bidder / buyer as determined by PAH at anytime is the buyer. At its sole discretion PAH reserves the right to designate any bidder as the buyer at anytime it chooses without having any ownership & or interest transfer to any other bidder at anytime even if a previous bidder / buyer was designated as the highest bidder / buyer by PAH.
MAKE AN OFFER - When applicable all offers can be made at any time. If PAH accepts your offer you shall be notified. The only time a bidders offer is accepted is if PAH invoices you. PAH reserves the right to counter offer your offer & / or accept your offer at anytime even if & / or after a counter offer is presented to you. A counter offer does not mean your offer has been rejected. PAH in its sole discretion, reserves the right to accept & or refuse (@ any time) any bid(s), Make an offer & or buy it now lots.
STARTING BIDS & BID(S): You may choose the amount you wish to start your bid at as long as it is the amount as outlined in the next bid, asking bid or required bid etc., or higher. Once you place the bid of your choice then the predetermined bid increments shall be followed / in place. Example: The required bid is $1000.00 you can bid $2500.00 as a strategy to deter other bidders from bidding, you may always bid over the next required bid amount.
BUY IT NOW - When applicable if you accept the buy it now by clicking the link then you are responsible for the buy it now price, buyers premium etc., minus any valid discounts, coupons, etc., (if & when offered by PAH).
BIDS: YOUR BID IS YOUR CONTRACT. Place a bid, buy it now &/or make an offer only if you're serious about buying the item. If you are the successful and winning bidder, you have entered into a legally binding contract to purchase the property (that was bid on, made an offer etc.,) from the auction house & / or the seller.
INCREASING YOUR OWN BID(S) / BIDDING ERRORS: Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. To increase your internet bid, complete the maximum bid field only. You should immediately review your bids prior to submission. Any bids must be retracted / canceled by the bidder(s) when the platform allows it, however if the platform does not have that option available to the bidder(s) then the request(s) to delete & / or retract an internet bid by any bidder(s) must be emailed to PREMIERAUCTIONHOUSEINC@GMAIL.COM in order to be removed, if it is not emailed, received and viewed by PAH in a timely manner then it shall not be removed. "A timely manner" in this instance shall be defined as within the time before expiration of a lot on an auction with sufficient time for Pah to remove the bid(s) after viewing the retraction email request, if PAH did not view the email & / or does not feel that it has sufficient time to retract & / or remove a bid then it shall not be done and the bid shall stand. A live auction "floor" bid can be retracted on actual live time by stating to retract and having the auctioneer(s) acknowledge and accept the retraction. If the auctioneer(s) did not acknowledge the retraction then the bid shall stand. Any bid that is removed shall only be the last bid of the bidder for each respective lot. Any buy it now or accepted make an offer amounts shall not be retractable / withdrawn.
STAGGERED CLOSING: The auction may close the bidding on intervals.
BID NOTIFICATIONS: (When Applicable) If you have been outbid you may be notified by email ONLY THRU the the days before the auction day --- starting the day the auction is ending notices may not be sent. To quickly review your bids and see if you have won you can utilize the 'review bids' feature. Items that they have been outbid on will be clearly marked.
CAUTION: Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
CATALOG INACCURACIES: You are bidding on the described item not the photo occasionally the wrong photo is displayed always read the item description. Descriptions are believed to be accurate but not guaranteed. Please bid accordingly when you are not certain of the condition or use of an item. You are bidding on the described item not the photo.
RETURN, REFUND, CREDIT POLICIES: All Sales / purchases are final and PAH does not accept returns but reserves the right & may do so at their discretion. A refund may only be given to a bidder or bidders prior to any consignor(s) payment being put in for payment & / or processed on the item(s) from a return being accepted however if the consignor(s) payment has been put in for payment & / or processed then only a credit may be given @ PAH sole discretion. Any accepted returns are subject to a (30) day processing of all credits & / or refund amounts.
ALTERING OF AN AUCTION & / OR LOTS: PAH reserves the right at anytime to add or remove items from the auction, accept any offer, buy it now, - split or combine lots - add minimum bids or reserve prices, pass, cancel, suspend, extend or reschedule any lots and / or auction event & / or make changes to the auction closing times, inspection & / or removal times.
GRADES, CONDITIONS ETC.: All "grades, conditions" etc., are opinion only unless certified by a professional grading firm, appraiser etc.,.
The grades are as follows:
New = Not Opened & / or Not Used.
Excellent = under the new condition may have been slightly used &/or have very slight marks or damage.
Very Good = under the excellent condition but has slight marks or damage. Good = under the very good condition and has marks, damage & or normal wear & tear, may have parts missing.
Fair = under the good condition and may require part or full restoration, may have parts missing, needs obvious repair, may not fully work etc.,. Works / Powers On = ran, lights up, powered up etc., for a short period of time.
Works Per Consignor = no way of us testing because of no power outlet, gas etc., but we got a verbal confirmation by the consignor that the lot is in working order.
MEASUREMENTS & WEIGHTS: All measurements and weights are approximate.
ARBITRATION: Any controversy or claim arising out of or relating to these terms or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Venue will be Charlotte County Florida.
LIABILITY: PAH its affiliates, subcontractors, auctioneer(s), consignors etc., liability shall be limited to the refund or credit amount of bidders purchase price which are subject to a (30) day processing of all refund or credit amount(s).
ALTERING OF TERMS: These terms can be altered at PAH discretion.
PAH RESERVES THE RIGHT TO BLOCK, CANCEL, SUSPEND ETC ANY PERSON OR PERSONS ACCOUNT / BIDDING PRIVILEGES FOR ANY REASON IT DEEMS APPROPRIATE WITHOUT NOTICE TO THE BIDDERS, PURCHASERS ETC.,.
WHO CAN BID: Premier Auction House Inc., the Auctioneer, representatives, subcontractor(s), agents & any / all of their respective heirs, family, friends, representatives, agents etc can bid on any auction, make an offer & / or buy it now for any item(s) / lots offered by Premier Auction House Inc.,. Anyone with a bidder number (unless blocked & or at PAH discretion can bid, make an offer or buy it now any lots.)
PAH ITEMS FOR AUCTION: PAH & any of its representatives, subcontractors, employees, family, friends, heirs & / or person or persons it deems fit may offer and shall offer at anytime for auction & / or sale any items / lots that it deems appropriate.
TERMS: If any part or parts of these Terms & Conditions are found invalid by a competent Court within the appropriate jurisdiction than the other Terms & Conditions remain in full effect.
CONSENT TO USE INFORMATION PROVIDED BY THE BIDDER: The bidder gives its express consent to use any & or all information provided by the bidder in regard to any matters, including but not limited to phone calls @ any & or phones numbers provided, along with any email, fax, text & or any & all forms of communication whether voice, electronic etc.
Premier Auction House AB3459 Auctioneer Anthony Sura AU4752
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.