Auction Terms & Conditions
WELCOME & THANK YOU
This auction closes on Monday evening, May 21st, starting at 7PM. Estate & Downsizing Specialists LLC wants to thank you for bidding in our On-Line only Auction. This Auction is being conducted pursuant to the Laws governing Auctions in the State of Indiana. Email inquiries are preferred. Please feel free to email us at EDSOnlineAuctions@Gmail.com with inquiries and questions. Our Staff will answer promptly in the order they are received. We normally answer emails once a day so be patient. Please don't wait until the last minute to email, as the close of the auction will be a very busy time. If you call our office and they can't answer your questions, a qualified auction staffer will return your call. Phone 812-822-2508.
NEW LOTS AFTER START
The Auction starts on May 5th, 2018. Lots without photos and new lots are in process. New lots will be added this week, with catalog completed by Friday May 11th.
PICK-UP - SHIPPING & HANDLING
Everything in this Auction can be shipped. Local pick-up is expected on Tuesday May 22nd unless other arrangements are made with Estate & Downsizing Specialists LLC. EDS is open for pick up & preview on Tuesdays & Fridays from 1PM to 6PM. We are located at 701 S Ransom Lane Bloomington IN 47403. We do have a professional shipping department. If you require shipping you must email us at the close of the Auction. You may receive an invoice. We will re-invoice you with shipping charges and make payment arrangements. Remember, all S&H arrangements and costs MUST BE PAID WITHIN 48 hours of the close of the auction. We will not automatically charge your card. You must communicate with EDS on Tuesday May 15th if you want your items shipped. S&H Charges for winning Bidder's purchased items will be sent via email at close of the Auction. Combined shipping will be calculated based on overall purchases and size of shipment.
LOT DETAILS AND GRADES - LIVE AUCTION PREVIEW DATES
Estate & Downsizing Specialists LLC and our staff are not professional graders or experts. Though we have made every effort to give our best analysis of condition, grade and quantity, please see our many photographs and judge for yourselves. All items are sold as-is and all sales are final. Please look closely at pictures, that's why we take them. Estate & Downsizing Specialists LLC makes no warranties or guarantees of condition. Please ask questions if necessary at EDSOnlineAuctions@gmail.com. We recommend that you attend the preview dates to look at the lots of interest to you. We will open our doors to the public on Friday May 18th, 2018, for a preview from 1 to 6PM. For security reasons, this Auction will only be available for preview on this date. This will give you a chance for a hands on preview of auction items and lots. Doors will open at 1PM and close at 6PM on the 15th. Preview is at 701 S. Ransom Lane, Bloomington IN.
AUCTION START & CLOSE DATES
The auction will start on May 5th, 2018. Auction lots will have a staggered ending starting at 7:00 PM EST on Monday May 21st, 2018. Stagger time will be 1 minute. Bid early and often on the lots you want. You may not be able to manage every lot of interest at the close.
SOFT CLOSE OF LOTS
Soft Close on this auction.
10% BUYER'S PREMIUM
10% Buyers Premium Applies to this auction. Example: If you bid $100 on an item , the final price will be $110. 10% Applied to the final bid plus any applicable taxes.
INDIANA SALES TAX
7% Indiana Sales Tax will be charged for all buyers. If you are Tax Exempt we must have your Exemption Certificate on file before the close of the auction. No Lots will be released on a Tax Exempt basis until EDS has a current copy ON FILE. Certificates can be emailed to EDSOnlineAuctions@Gmail.com.
Winning bidders that are picking up at close of sale may pay for items at pickup (Credit or Cash). Winning bidders that require shipping will be contacted at close of sale within 48 hours for shipping/payment arrangements. Buyers who are not coming to pickup items, but must have them shipped will need to be contacted by our staff in order to process payment. If you cannot meet the terms of payment by credit card and pick-up of items PLEASE DO NOT BID IN THIS AUCTION. A credit card is required to be on file to register for this auction. This credit card will be retained by Estate & Downsizing Specialists LLC until such time as bidder/buyer closes his purchase account with the Auction Company. Registering for this Auction , as part of the agreed terms and conditions, authorizes Estate & Downsizing Specialists LLC to charge bidders/buyers credit card on file, for all fees, purchases (final bid amount), taxes and related items, including S&H costs if item is to be shipped to bidder/buyer. Pick-up location is 701 S.Ransom Lane, Bloomington IN. Any items purchased must be picked up at time and location listed in these terms unless prior arrangements are made with Estate & Downsizing Specialists LLC. NOTE SOME ITEMS IN THIS AUCTION WILL NOT BE AVAILABLE FOR SHIPPING, THESE ITEMS ARE MARKED "LOCAL PICKUP ONLY" AND CAN ONLY BE SHIPPED BY THIRD PARTY SHIPPER VIA YOUR ARRANGEMENTS. We do offer in-house shipping for out of area buyers. All costs associated with shipping and handling are the responsibility of bidder/buyer and must be paid in full at close of auction. Indiana Sales Tax will be charged at 7%. All credit cards must be approved and on file for registration. All payments are due immediately after the close of the Auction per the contract created by the Auction process. Payments will be processed at the close of the auction charging all expenses due for bidder/buyer purchases. Payments will be charged to the credit card on file with the auction company from the registration process. Bidder/buyer agrees to pay all charges legally due using this process by registering for this auction. Any card declined for payment will result in a $35.00 service fee added to the final payment due for handling of the declined payment. In the event that you will need to use an alternative payment please advise us by email to EDSIndiana@gmail.com immediately following the close of the auction. A printed paper invoice will accompany all orders at pick-up. All transactions will be paid in US Dollars.
The Auction Company, Estate & Downsizing Specialists LLC has created Internet Auction environment for buyers. This technology, along with your personal Internet connections and equipment, can fail. In the event you are unable to complete the bidding process for any reason, Estate & Downsizing Specialists LLC is not liable to any bidder for loss of time, expense or damages. By registering for this Auction buyer/bidder agrees to hold Estate & Downsizing Specialists LLC harmless for any damages or expense as a result of a technology malfunction. Bidding is the responsibility of the Buyer and should be done with technology issues as a consideration, bidding early and often to assure they are the winner on the lots they are interested in. Estate & Downsizing Specialists LLC is an agent for the Seller and in no way represents the buyer/bidder legally. Seller or Auctioneer may withdraw or change the items being sold in this event at any time and at their discretion. Estate & Downsizing Specialists LLC reserves the right to withdraw any bid for any reason. Bidding in this auction creates a binding contract obligating bidder/buyer to complete the purchase transaction per the terms listed here. PLEASE NOTE - If two bidders place high bids that are the same amount, the FIRST recorded bid becomes the winner.
YOUR BID IS A CONTRACT TO BUY
Effective and enforceable immediately when you become the high, winning bidder, you have agreed contractually to your puchase per the laws of the State of Indiana. All property is sold "AS IS" and there are no returns, refunds or adjustments. Estate & Downsizing Specialists LLC makes every effort to accurately describe all lots. Descriptions, marks, identification and descriptions of the items will not be considered a warranty or guarantee of authenticity or value. We will make every effort to accurately describe these items. All bidders must be 18 years of age or older and competent to conduct a financial transaction. The bidder/buyer agrees to pay all costs associated with any collection process for the funds due the Estate & Downsizing Specialists LLC. This may include legal, court, time and ANY associated costs. The purchaser agrees that a fee of 10% per month will be added to the balance of any unpaid amount due to Estate & Downsizing Specialists LLC. This will include ANY & ALL costs associated with collection including damages. Remember before you bid, ALL SALES ARE FINAL.
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.