Auction Terms & Conditions
THIS IS AN INTERNET AUCTION ONLY. CLOSING WILL BEGIN ON December 15, 2016.
Internet Buyers Premium: 15%.
Participation Requirements: Valid Credit Card required for bidding approval Payment Options: Accepted forms of Payment Include, Visa, Master Card, American Express, Local Checks and Cash. Payment must be made prior to picking any items up.
Currency Type: USD
Your Credit Card used during registering will be charged for the TOTAL. If you want to use a different form of payment please give us a phone call or email by 10:00 A.M. the day after the auction closes. Cell Phone (803) 645-5792 email: [email protected]
No preview dates available.
Special Terms PLEASE READ ALL TERMS OF SALE.
1. Alexander Auctions & Appraisals has put fourth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All property is sold "AS IS" "WHERE IS" "NO WARRANTIES EXPRESSED OR IMPLIED", and it is the bidder's responsibility to determine the exact condition of each item.
Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Absolutely NO REFUNDS will be offered. The purchaser is responsible for pickup of items at the designated pickup date(s) and times.
2. BUYERS PREMIUM: A buyer's premium of 15% applies to all bids. Buyer's premium is added to the hammer price of each lot. According to Florida Law, the Buyer's Premium is considered a component of the purchase price, and is therefore subjecgt to state and local sales tax.
3. For any dispute the proceedings sold and exclusive venue will be heard in Leon County, Florida. ALL MERCHANDISE SOLD "AS IS" WHERE IS", "NO WARRANTIES EXPRESSED OR IMPLIED". NO RETURNS ACCEPTED, NO CHARGEBACKS.
4. All Sales are Final.
5. By bidding on any item, the bidder shows acceptance of the terms of the auction.
6. The Auctioneer, Don M. Alexander, reserves the right to withdraw a lot for any reason he deems appropriate. Alexander Auctlons & Appraisals shall have the right to withdraw any item at any time for any reason and to default any sale in the event of an internet outage, power outage or anything else that would impede the auction.
7. Estimated Weights and Measurements: Weights in this catalogue description have been estimated through measurement and are to be used as approximate guidelines and not relied on as exact.
8. For demonstration purposes various equipment may be joined. 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.
9. You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed always read the item description.
10. We want everyone to get a good deal and most will. However when you bid on the wrong item or decide the item is not suited for your intended use our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, Please bid accordingly.
11. PAYMENT: Payment must be made in full with cash or any major U.S.credit card before picking up items In the event of non-payment during posted pickup days, WE RESERVE THE RIGHT TO CHARGE THE OUTSTANDING INVOICE BALANCE TO THE CREDIT CARD YOU REGISTERED WITH. Please refrain from bidding if you cannot commit to the pickup date and time. Customers who do not pick up purchases on scheduled Pick up day or Make arrangements for special Pick Up will be charged $5.00 per item per day Storage Expense.
12. SALES TAX: Sales tax of 7.5% will be added to all items purchased.
13. Don M. Alexander, Auctioneer Florida License Number AU3588. Auction Business License Number AB3521
14. This Auction is being conducted in accordance with Florida Auction Laws.
15. The Auctioneer is acting as The Agent for The Seller,and all representations made by the Auctioneer are made on behalf of the Seller. All persons attending the pickup of these items and removal of merchandise during pickup assume all risks whatsoever of damage or loss to person or property, and specifically release The Auctioneer from formal liability thereof.
16. LOTS: Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Lots have NOT been tested. Many of these lots are "estate lots" therefore one should expect that they will be in used condition and may have defects. Some of the lots have a reserve price on them. Lots are sold "AS-IS, WHERE IS, WITHOUT WARRANTY OR GUARANTEE." All sales are final and may not be returned. The placing of a bid will be taken as full agreement to all terms and conditions. The Auctioneer has the right to withdraw any lot. Auctioneer reserves the right to cancel/nullify the sale of any lot.
17. CONSIGNORS: Consignors are not permitted to bid on their own items. This is called "shill bidding" and is illegal according to Florida Auction Law standards. By placing your item up for auction, you have agreed to sell. We cannot discuss payment on the day of the auction. Consignors may only be paid proceeds on items which payment has been received from a buyer.
18. Checkout Date & Times: Pick up of items purchased at the auction is on Saturday December 17, 2016 from 11:00 A.M. untill 6:00 P.M. Eastern Standard Time. Any items left after the specified load out date will be considered forfeited unless alternate pick up or shipping arrangements are made. It is the buyers responsibility to dismantle and disconnet any and all equipment Please bring your own Packing Materials, Moving Equipment, and Loading Help. Alexander Auctions & Appraisals WILL NOT be responsible in any way to package, wrap or palletize or in any way prepare items for shipping.
Shipping Instructions: ALL SHIPPING HANDLED BY THE UPS STORE AT 1400 VILLAGE SQUARE TALLAHASSEE, FL. 32312-1231. (850) 668-3470, FAX (850) 668-3508. EMAIL: Store SHIPPING COSTS ARE NOT INCLUDED IN FINAL SALES PRICE. SHIPPING COSTS ARE NOT INCLUDED IN FINAL SALES PRICE. Winning bidders are to notify Alexander Auctions & Appraisals they want to arrange shipment and Alexander Auctions & Appraisals will take your items to the UPS Store and the UPS Store will call you to make arrangements for shipping. Please note "THE UPS STORE DOES NOT SHIP LARGE, HEAVY ITEMS SUCH AS FURNITURE. Location: 1400 VILLAGE SQUARE TALLAHASSEE, FL. 32312-1231. (850) 668-3470, FAX (850) 668-3508.
19. STAGGERED/DYNAMIC CLOSING (SOFT CLOSE) : The auction will begin closing at a rate approximately 1 lot every 15 seconds. The closing time of each lot will be extended an additional 3 minutes whenever a bid is placed within the last 3 minutes of the lot closing.
20. For questions or concerns you may call Alexander Auction & Appraisals. Office Cell (803) 645-5792.
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.