Auction Terms & Conditions
REGISTER TO BID. Click on the link to "register for bidding". You will be redirected to our online secure auction site. Answer a few basic questions. It is ABSOLUTELY FREE. We collect credit card information ONLY to verify that you are of legal age and that you are who you say you are. Please note that this is a secure site. All data is encrypted and PCI compliance is in place and up to date. SSL certificates are maintained. Completely fill in all the required information and submit. You only have to register once to our online bidding site. Record your user name and password and store in a secure place.
PRIOR TO BIDDING. Carefully read the terms or conditions set out for each sale, as they will vary and understand…
1. the start and the end dates,
2. the preview date(s) and times,
3. the location of the items to preview,
4. the bidding increments (bids increase by $2.50, $5, $10, $20 etc),
5. the location of the items to pick up
6. the dates and times scheduled for pick up
7. the buyer's premium charged on each item
8. we recommend you first preview and examine each item you are interested in, as all items are sold As Is, Where Is, with all faults and glory.
BID on the items that interest you. Please note that all bids are final. You cannot retract a bid. Excell Auction Services Inc., at its sole discretion, may ban from further use, any buyer or seller which Excell Auction Services Inc. believes to have in any way, misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Excell Auction Services Inc. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
MAXIMUM BID. We recommend leaving your maximum bid. This is not the amount you may have to pay. For example: the increments of an auction is $5. That means that the software will bid $5 at a time for you as other bidders bid against you. If you put a maximum of $50 and another bidder put a maximum of $20, your bid would become $25. If another bidder bid $55 you would be out bid. If you checked the box when you bid, you will be notified by email at that time and you can place another bid if you wish.
POSTED CLOSING TIMES AND SOFT CLOSE. All times are displayed in Eastern Standard Time. In order to prevent sniping (people trying to win the bid by bidding at the last second) we offer a soft close. If there is a bid on a lot during the last 2-3 minutes of bidding, it will force the bidding to remain open on this lot for another 2-3 minutes. This will carry on until all bidding has ceased and there is no activity on that particular lot.
WINNING BIDDERS will be notified shortly after the auction. Your credit card will be charged to your Visa or MasterCard immediately, for the price of the items you have won plus buyer premium and taxes, unless prior to bidding, you have contacted the Auctioneer (under the notes to the auctioneer when you register) to request to pay by Cash, Debit or Bank Drafts. No item listed on your invoice will be released unless your invoice is completely paid in full in Canadian Funds. Excell Auction Services Inc. reserves the right to charge any balance (or remaining) of your purchase invoice on your credit card. All bidders will be subject to Ontario sales tax of 13% (HST). NOTICE: Out-of-province buyers and out-of-country buyers must pay HST on all items including titled items. (Unless stated differently in the auction terms)
REMOVAL AND FAILURE TO REMOVE. Pick up of items MUST be made within the hours specified for each auction. Do not bid if you cannot arrange to have the items picked up. All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. Items not removed will be considered abandoned and at Excell Auction Services Inc.'s sole discretion, has a right to charge the buyer for storage, re-stocking and/or re-listing fees, and/or disposal fees - per item - per day.
WE DO NOT SHIP. We do not provide packing materials or tools or boxes. If you have purchased heavy items please bring help with you. Any damage caused to property during removal of your items will be assessed and charged to the buyer.
CONDITION OF ITEMS SOLD & OUR ONLINE CATALOGUE. We try our very best to describe the items as fully as possible with descriptions and photographs. Please note, however, that all items are sold in an "as is" and "where is" basis with all faults. Excell Auction Services Inc., makes no representations or warranties of any kind expressed or implied as to the operation of this site, the content, information, or lack there-of, or the materials on this site, verbally, in print or online elsewhere, with respect to any of the materials, content, or information on this site, or any goods or other products or services offered, sold, or displayed on this site, or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Excell Auction Services Inc., strongly encourage all bidders to come out to preview the auction during the specified hours and examine the condition of the items. The bidder/buyer understands that any description given in the catalog, verbally, advertised or written is not guaranteed, and bidder/buyer will rely entirely on his/her own inspections. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Excell Auction Services Inc., its employees, agents or Seller for any errors or omissions.
ADDITIONS AND DELETIONS. We reserve the right to remove and/or add items to the auction, change and/or remove any descriptions, titles, details, items, images, terms etc. at any point during the auction.
RESERVE BID. Seldom do we have reserve bids. In the event that there is a reserve bid, you may have to pay a minimum amount in order to win the bid.
DISPUTES. In the event that a picture and a description do not match, the description will take precedence.
PERSONAL AND PROPERTY RISKS. The buyer expressly agrees to indemnify and save Excell Auction Services Inc., the seller and their assigns, harmless from and against all claims, advertisements, losses, expenses, damage or liability, directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of Excell Auction Services Inc., or anyone acting in his/her behalf in connection with or arising out of an auction.
DISCLAIMER OF WARRANTY AND RELEASE. You expressly agree that use of this Web site is at your sole risk. Neither Excell Auction Services Inc., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively referred to as the "Providers"), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site. The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Providers do not warrant reliability of any statement or other information displayed or distributed through the Site. Providers reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. The Providers may make any other changes to this Site at any time without notice. Excell Auction Services Inc., at its sole discretion, has the right to end an auction at any time.
Providers make reasonable commercial efforts to make the Site available at all times, however, Providers are not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale.
By bidding you are acknowledging agreement with the terms above. Do not bid unless you agree to the all of the above terms and conditions.
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.