Auction Terms & Conditions
Terms & Conditions
Bidders are responsible for their own removal of items purchased onsite. Items cannot be transferred to an alternate location unless it is to be shipped for online purchases or winning bids. Therefore, it is necessary to pick up the items on the date and time stated. Any items NOT picked up by the set time will be considered abandoned. No refunds or charge backs will be granted due to lack of removal at designated times. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon payment. No items will be released without a paid email receipt. Loading assistance MAY BE available if specified, IF NOT please be prepared to bring help and equipment to load your items. For small items, please bring sufficient packing materials and boxes.
SHIPPING AVAILABLE - PLEASE SEE DETAILS BELOW
Local Pickup is recommended. Items are to be picked up in person at 4505 St. Rt. 792, Stockport, OH 43787 THE WEEK FOLLOWING THE END OF THE AUCTION during normal business hours of 10am-4pm, Monday through Friday. All Items must be removed in a timely manner. Buyer is responsible for removing all items and for bringing any required manpower (Personnel to carry your items), tools, boxes, wrapping paper, tape, blankets, wheel cart or dollies needed to remove your items from the property. We will have staff onsite to assist you in locating your items, but they may not be available to assist in carrying the items. If you cannot pick up your items during the time scheduled, you are responsible for designating someone to pick them up for you. Items not picked up by the removal deadline date or arranged time will be considered abandoned and will be disposed of at the discretion of the 792 Auction center and/or property owner.
PLEASE LET US KNOW THROUGH THE "NOTES TO AUCTIONEER" UPON REGISTERING IF YOU WOULD PREFER YOUR ITEMS SHIPPED OR PICKED UP. WE USE USPS TO KEEP COSTS LOWER. WE CANNOT MAIL TO A PO BOX. NO SIGNATURE WILL BE REQUIRED FOR ANY SHIPMENTS WHEN DELIVERED TO YOUR LOCATION UNLESS YOU TELL US TO REQUIRE ONE. SHIPPING/HANDLING COST IS 10% OF OVERALL INVOICE, OR $5 MINIMUM PER PACKAGE, PLUS MATERIALS (BUBBLEWRAP, PEANUTS, ETC) AND USPS CHARGE FOR SHIPPING. PURCHASER IS RESPONSIBLE FOR PICK UP AND SHIPPING CHARGES ON ALL ITEMS WON. We Do NOT know exact shipping costs until items are packaged and ready to be processed for shipping.
Once any item has shipped, 792 Auction Center has no further responsibility for items. NO WARRANTIES. Shipping is calculated and charged separately and after your invoice for items, fees and taxes has been paid in full. Should damage occur during shipping you will need to contact the shipper to make a claim.
If you are unable to pick up your items by the removal deadline, and do not make other arrangements for shipping, a storage fee of $10 per day could be charged starting with the day after the removal deadline. You may avoid storage fees by paying for your items by the payment deadline and notifying us by the removal deadline that you wish to abandon your items. Abandoned items will be disposed of or resold at our discretion without compensation to the buyer.
Non-paying bidders will be banned from our auctions, and we reserve the right to share this information with other auctioneers directly and/or through our auction platform, and that information may be used to prevent you from bidding on their auctions as well. You must be at least 18 years old to bid.
Third party shippers must present your paid invoice before items will be released. Once items are released by the winning bidder to a third party, such as a shipping or moving company, 792 Auction Center, assumes no liability. You may email 792auction@gmaIl.com or call (740)559-2274 with any questions. In the case of an emergency and you are unable to make it to the pickup, PLEASE CALL the Auction Center BEFORE the scheduled pickup time to let them know that you are unable to make it. However, you may send someone to pick up your items on your behalf, but you must call the 792 Auction Center to let them know in advance.
In the event of a discrepancy of an item, the Buyer must notify our onsite staff at the pickup. Once items are removed from location, the 792 Auction Center and Buyer agree that no adjustment or refund will be made.
CAUTION: 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 items NOT the photos. Occasionally the wrong photo is displayed always read the item description.
Warranty & Condition of Items Sold: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. 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. Should you have any questions regarding items in a particular auction, please contact the 792 Auction Center as listed below the auction information. IMPORTANT! The 792 Auction Center will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchase, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
Choose Wisely: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an 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. The 792 Auction Center reserves the right to add or remove items from the auction - split or combine lots - add minimum bids or reserve prices - cancel, suspend, extend or reschedule an individual item and or auction event - make changes to the auction closing times or inspection or removal times. Any controversy or claim arising out of or relating to this contract and/or agreement, 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 arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Morgan County Ohio
Liability: The 792 Auction Center's and Seller's liability shall be limited to the refund of bidders purchase price.
General Shipping/ pickup AFTER AUCTION
Shipping and Removal - Items are to be picked up in person after auction at THE 792 AUCTION Center , 4505 State Route 792 Stockport Ohio 43787 during normal business hours 10am-6pm Monday thru Friday. We also can provide shipping services as outlined below (not available for all auctions or all items), USPS / UPS / FedEx Shipping is available at our cost plus 10% Handling ($5 MIn/$10Max handling fee). There will also be an additional 1% ($1 Minimum) added to cover shipping insurance. Once any item has shipped, 792 Auction Center has no further responsibility for items. Large items or furniture DOES NOT SHIP. Call 740-559-2274 We will be happy to assist with arranging freight at buyer's expense for items too large, heavy, dangerous and/or fragile for regular package delivery service. Additional handling and/or material charges will apply. Shipping is calculated and charged separately and after your invoice for items, fees and taxes has been paid in full. Should damage occur during shipping you will need to contact the shipper to make a claim. If you are unable to pick up your items during removal times and by the removal deadline, and do not make arrangements for shipping, a storage fee of $10 per day will be charged starting with the day after the removal deadline. You may avoid storage fees by paying for your items by the payment deadline, and notifying us by the removal deadline that you wish to abandon your items. Abandoned items(after 10 business days) will be disposed of or resold at our discretion without compensation to the buyer. Non-paying bidders will be banned from our auctions, and we reserve the right to share this information with other auctioneers directly and/or through our auction platform, and that information may be used to prevent you from bidding on their auctions as well. You must be at least 18 years old to bid. Third party shippers must present your paid invoice before items will be released. Once items are released by the winning bidder to a third party, such as a shipping or moving company, 792 Auction Center, assumes no liability.
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.