Auction Terms & Conditions
FISCHER AUCTION COMPANY INC. ("AUCTIONEER") MAKES NO GUARANTEES OR WARRANTIES EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, AS TO, BUT NOT LIMITED TO, CONFORMITY TO ANY SAFETY DESIGN OR POLLUTION STANDARD OR TO ANY OTHER STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATIONS, FITNESS FOR ANY PARTICULAR PURPOSE, AND/OR MERCHANTABILITY OR PARTICULAR AGE, YEAR OF MANUFACTURE, MODEL, SERIAL OR OTHER NUMBERS, MAKE, CONDITION OR MILEAGE. EACH AND EVERY SALE SHALL BE MADE AND ACCEPTED AS IS, AND AT BUYER'S RISK. THE BUYER SHALL PAY ALL COSTS FOR ANY REPAIRS. DO NOT BID UNLESS YOU HAVE DETERMINED THE CONDITION OF THE LOT FROM YOUR OWN INSPECTION. LOTS ARE SOLD QUANTITY TIMES THE $$$$ - ALL SALES FINAL - BY REGISTERING YOU ARE AGREEING TO ALL TERMS
YOU ARE RESPONSIBLE FOR ALL TAKE DOWN/PICK UP - PACKAGING AND SHIPPING ARRANGEMENTS & COST - NO REFUNDS ON ANY ITEMS LEFT AFTER PICK UP DATES - NO EXCEPTIONS: ANY ITEMS LEFT AFTER CHECK OUT WILL BE SUBJECT TO DISPOSAL FEES
All vehicles are sold "AS IS, WHERE IS" WITH NO WARRANTY. No warranty is made with respect to the accuracy of any information provided to Buyers regarding vehicles provided in either written, or image form and Buyers should not base their bids solely on information provided for Buyer's convenience. This information includes, but is not limited to year, make, model, VIN, mileage, odometer disclosure, condition, actual cash value, estimated repair cost, damage type, whether or not car starts, and sale document. In accordance with State Law, VEHICLES SOLD WITH REGULAR SALE DOCUMENT STATUS MAY HAVE SALVAGE SALE DOCUMENT/REGISTRATION FEES STATUS IN THEIR HISTORY. It is the buyer's responsibility to preview each vehicle and determine its condition, originality and contents. Fischer Auction does not guarantee that the vehicle currently meet or can modified to meet local emission and safety requirements. Vehicles may contain deployed airbags that have not been replaced.
1. Any announcements by Auctioneer take precedence over any printed matter pertaining to this auction.
2. Auctioneer reserves the right to refuse registration to anyone and to reject the bid of anyone who has not registered and obtained a Bidder's number. Anyone bidding for an account other than his own must register to that effect, by registering Bidder warrants and represents that he is authorized to bid on behalf of the party represented.
3. Full settlement to be made day of sale. Buyer is not entitled to possession of any of his purchases until the total price of all his purchases has been fully paid in currently collectible funds. Except as noted, Buyer must pay for all purchases in U.S. funds the day of the auction by cash, cashier's check, or wire transfer made payable to: FISCHER AUCTION COMPANY INC.
** Bidder must keep a deposit with the Auctioneer of twenty-five percent of the award bid at all time.
Auctioneer may determine that for any major lot, as determined solely by Auctioneer, Buyer shall pay a twenty-five percent deposit of the purchase price upon acceptance of the bid; the balance of the purchase price shall be paid by the completion of the auction.
4. All lots shall be sold to the highest Bidder as determined by the Auctioneer. When the hammer falls and a bid is claimed by two or more Bidders, the Auctioneer shall reopen the bidding between those tied Bidders until there is only one high Bidder. The Auctioneer shall at his own discretion decide whether a "late bid" is made before the hammer is struck down. All sales are final when the auctioneer declares the item sold.
**Please note that Lot by Lot Bids are not valid until all Lots have been sold.
5. All applicable sales, use, transfer or excise taxes shall be added to the purchase price of all taxable purchases unless the Buyer, files with the Auctioneer proof of exemption from all such taxes in a form satisfactory to Auctioneer and the applicable governing authority for the locale in which the auction is being held. Buyer shall reimburse Auctioneer for any sales tax not paid by Buyer which Auctioneer is compelled to pay. MUST BRING COPY OF CALIFORNIA RESALE CERTIFICATE WHEN REGISTERING - NO EXCEPTIONS - OR SALES TAX WILL BE ADDED
6. No sale shall be invalidated and no liability shall be borne by the Auctioneer or Seller due to any defect, error or inaccuracy of description of the lot either in the listing catalog, in any advertising, marketing or other printed materials, or in any statement by Auctioneer or his agents, servants or employees. All such written material and statements are merely descriptive guides, and although they have been compiled from sources deemed reliable, neither Auctioneer nor Seller guarantees or warrants their accuracy. All purchases made by Bidder shall be based solely upon Bidder's personal inspection and/or opinion of the equipment, and Bidder hereby acknowledges that all items were available for inspection prior to the auction.
7. Buyer is responsible to insure purchases immediately and to remove all purchases from the auction site after the sale in accordance with the procedures announced or posted at the sale. Buyer is responsible to repair and restore any damage to real property or permanent improvements caused by removal of the goods purchased. Buyer shall bear all costs, responsibilities and risk of such removal, including performance by hired truckers. Auctioneer reserves the right to require proof of adequate insurance coverage from any Buyer of lots requiring dismantling, rigging or hot cutting. Buyer agrees to indemnify and hold harmless the Auctioneer from and against any damage to property or injury to person or loss of life occasioned, directly or indirectly, by the acts of the Buyer and/or Buyer's representatives, agent or employees in connection with the dismantling or removal of any lot. In the event a Buyer fails to remove any lot within the time specified, such lot, at the discretion of the Auctioneer and without notice, may be deemed to have been abandoned to the Auctioneer, and the Auctioneer, at his sole discretion shall have the right to resell such lot as provided in paragraph 8 or to remove and store said lot at Buyer's sole risk and expense. Buyer shall be liable for any rent incurred or damages sustained by Auctioneer due to Buyer's failure to remove any lot when due. No lots may be removed until the end of the auction.
8. Auctioneer reserves the right to resell any items on the sale date in accordance with paragraph 3 above and/or any property deemed abandoned to Auctioneer as described in paragraph 7 above. Such items may be resold without notice to Buyer, and Buyer shall be responsible to Auctioneer and Seller for all expenses of any nature whatsoever relating to such resale and collection and for any damages of any nature whatsoever to Auctioneer and/or Seller resulting from such resale. Such expenses and damages shall include, but shall not be limited to, commission of 16% and any deficiency arising between the amount of the initial sales price and the net amount brought upon such resale. Auctioneer may, at its sole option, elect to retain all monies deposited in part payment as liquidated damages and otherwise cancel Buyer's contract of purchase.
9. Auctioneer may, at any time and at his sole discretion and without notice or liability to Bidder, withdraw or cancel the sale of any lot, or offer any lots in groups or with special terms. Auctioneer reserves the right to accept or reject any bid which is merely a fractional advance over the preceding bid.
10. All necessary documents of sale if available will be delivered to the Buyer upon payment in full of the purchase price in currently collectible funds. Acceptability of titles and documents of sale are subject to the making available of same to Auctioneer by Seller. Title and documents of sale provided will be prepared to be effective only in the state in which the auction is being conducted. In the event Auctioneer, for any reason whatsoever, is unable to make available, to effect delivery, or to obtain the necessary documentation required to obtain clear title to such item, whether before or after delivery of any item, or in the event Buyer is unable to obtain possession of any item purchased within 30 days of the auction. Auctioneer's sole liability, if any, shall be the return of any monies paid on such items upon return of the item in question. Any item which shall have been delivered, shall be returned or surrendered to Auctioneer if, within Auctioneer's sole discretion, Auctioneer shall make such demand for return. Auctioneer assumes no liability for any registration fees, title transfer fees or penalties resulting from title paperwork.
11. Bidder acknowledges that an auction site can be a potentially dangerous place and immediately upon registration, if not before, shall so notify his agents, servants, employees and others accompanying him. The auction site shall include any location where a lot is located for display and/or removal, as well as where the actual bid calling is conducted. Bidder agrees to indemnify and hold harmless Seller and Auctioneer and their respective officers, employees, servants and representatives from and against any and all claims, losses, damages, injuries, liabilities, costs and expenses of whatsoever kind or nature (including attorney's fees and costs) for any injury or death to any person or persons whomever or for damage to or loss or destruction of property occurring in, upon or about the auction site when such loss, damage or injury is occasioned, directly or indirectly, by the actions or omissions of the Bidder, his agents, servants or employees.
12. The Buyer is solely responsible to inspect all equipment to insure it is in a condition where it can be safely used, to provide proper safety devices and equipment or means to meet all governmental safety standards, and to notify all persons operating the equipment as to all attendant dangers. The Buyer hereby assumes these responsibilities and agrees to indemnify and hold the Auctioneer and Seller harmless from any future claim pertaining to (1) fitness or use of that asset as purchased; (2) provision of proper safety devices or equipment; (3) notification and warning of Buyer and its representatives, agents, employees, any other users or subsequent Buyers, as to the dangers and risks attending operation of the equipment; and (4) the condition of the equipment.
13. The terms of sale and rules of the auction shall be governed by and interpreted pursuant to and under the laws of the state of California. Auctioneer and bidders/buyers agree and consent that this agreement shall be performable in San Diego County, California and that jurisdiction and venue of any lawsuit arising in any way from the auction or events occurring at the auction site shall be conferred upon the courts of San Diego County, California.
14. It is anticipated that items will be sold at this auction belonging to owners not disclosed.
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.