Auction Terms & Conditions
By registering and bidding in this auction, bidder agrees to be bound by the terms and conditions listed below.
* TERMS OF SALE:
A 12% Buyer's Premium will be added to each high bid upon invoicing. Sales tax will then be charged on that amount, unless bidder has provided LST Auctions LLC with a tax exempt certificate. All items are sold "AS IS / WHERE IS", with No Warranties, Guarantees or Representations of any kind from seller or LST Auctions LLC with respect to the property or its value, and in no event shall either be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility.
ALL SALES ARE FINAL--NO RETURNS, NO REFUNDS. Auctioneer makes every effort to provide detailed photographs and descriptions of all items but these are provided ONLY AS A GUIDE--it is the Bidder's resposibility to verify correctness of ANY advertised information to his/her satisfaction as to use for any particular purpose. Bids should be based solely upon the Bidder's personal inspection and opinion. Failure to inspect the property does not relieve bidder of responsibility for payment and removal as stated in these terms. All bids are a binding contract according to these terms. Bidder acknowledges that once a bid is offered, the Bidder shall be bound by the bid amount. Bids cannot be withdrawn or retracted. Always check and verify your bid amount before submitting it. Auctioneer reserves the right to add or remove items from the auction at any time prior to auction close.
* INVOICES & PAYMENT:
By registering and bidding in this auction, Bidder authorizes LST Auctions LLC to charge their credit card to pay invoices for any and all lots bidder wins at aution. All winning bidders (buyers) will have their credit cards charged for their winning bid(s) plus buyer's premium and sales tax within 24 hours following auction close. "PAID IN FULL" invoices from LST Auctions LLC will be emailed to all high bidders following successful processing of credit cards. "PAID IN FULL" email will include the pickup location address with scheduled pickup date(s) and times as listed in the auction description. Winning bidders must present a paper or electronic copy of their "PAID IN FULL" Invoice when picking up their item(s). Any lots/items not picked up on scheduled pickup dates/times will be deemed abandoned and will become property of LST Auctions LLC, subject to resale or disposal as Auctioneer sees fit. No refunds will be made.
* SALES TAX:
Sales tax will be collected on all taxable items at the appropriate sales tax rate UNLESS Bidder has filled out and provided a valid Texas Resale Exemption form. Tax-exempt Bidders must email completed forms to LSTAUCTIONS@GMAIL.COM PRIOR TO THE CLOSE OF THE AUCTION or immediately upon winning any bids. We must have this form on file in order to exclude sales tax from your purchases when we process your credit card for payment after the auction closes. We do not refund taxes collected once we process your credit card.
* BIDDING (SOFT CLOSE):
To make the auction more realistic and help ensure every valid bidder has an equal chance to bid on lots, the HiBid software uses a "soft close" feature. The first lot begins closing at the posted time, then each subsequent lot closes 10 seconds after the previous. If a bid is received in the last three minutes of the closing of a lot, the closing time will be reset to three minutes to ensure sufficient time for all interested bidders to submit their bids. Extended Bidding continues until no additional bids are received for three minutes ensuring all bidding has ceased.
MINIMUM BIDS (RESERVES):
LST Auctions LLC, in its sole discretion, reserves the right to establish a reserve or minimum price on any items--without having to announce, post or publish notice to bidders. Lots with reserves will normally have a note advising bidders if a reserve amount has been met or not. Auctioneer reserves the right to confirm or reject any final bid.
LST Auctions LLC sets bidding increments and bidders agree to adhere to those increments. Auctioneer reserves the right to reject any bid. In the event of two equal bids, the bid received first is deemed the winner. For any dispute among bidders, LST Auctions LLC may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute.
* PREVIEW & INSPECTION:
Preview and Inspection is by appointment only for registered bidders. Contact LST Auctions LLC via email at LSTAUCTIONS@GMAIL.COM if you would like to schedule a preview. Individuals previewing items are personally responsible for any breakage/damage to those or any other items they may break or damage on the premises and will be charged for any damage they cause. All people previewing assume all responsibility for their own safety. Auctioneer & Seller are not responsible for accidents.
* PICK UP DATES & TIMES:
Pickup Dates & Times are listed in the Description Tab on the Auction Page and also in the "PAID IN FULL" Invoice emails--and must be adhered to. All Winning Bidders (Buyers) must comply with the pickup schedule as listed or the lots they paid for will be deemed abandoned and will be disposed of as the Auctioneer sees fit.
IF YOU CANNOT PICK UP YOUR LOTS DURING THE SCHEDULED PICKUP TIME --- DO NOT BID!
Buyer is responsible for providing the supplies, boxes, packing material, tools, equipment, etc. necessary, as well as the physical labor for dismantling, rigging, crating, loading and hauling at their own expense. PLEASE NOTE: LST Auctions LLC DOES NOT provide dollies, packing materials or assistance with moving or loading your items. These are the buyer's responsibility. ANY ITEMS NOT REMOVED ON OR BEFORE THE FINAL PICKUP DATE/TIME SHALL BE DEEMED ABANDONED AND LST AUCTIONS LLC SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. NO REFUNDS. Buyers are not allowed to resell items at the pickup site--please make other arrangements.
* SHIPPING AND DELIVERY:
LST Auctions LLC does not normlly ship items won at auction. All winning bidders must pick up their purchases locally at the pickup location on the dates/times listed in the auction info (address provided in your paid in full invoice email). We will consider shipping selected items but additional shipping and handling charges will apply. Any winning bidder who wants to have their item(s) shipped needs to contact LST Auctions, LLC via email immediately following the auction close (as soon as they receive their Paid In Full Invoice) and prior to the pickup date to make shipping arrangements.
LST Auctions LLC reserves the right to withdraw or sell any items contained in an auction prior to the stated auction period without notification. LST Auctions LLC reserves the right to temporarily or permanently end an auction prior to or during the stated auction period at its sole discretion without notification. LST Auctions LLC also reserves the right to extend the stated auction period without notification. If for any reason LST Auctions LLC is unable to deliver any items purchased by Buyer, LST Auction LLC's sole liability shall be to return all sums paid by Buyer to LST Auctions LLC in respect of such items.
* AUCTIONEER/SELLER RELATIONSHIP:
When selling or auctioning any items on behalf of a Seller/Consignor, LST Auctions LLC acts as an agent only and shall have no liability whatsoever for the acts of any seller/owner or principal.
* LIABILITY OF BUYERS AT PICKUP:
Buyer acknowledges that auction pickup site is either a private residence or commercial facility and could be a potentially dangerous place. Every person enters the auction pickup site at his or her own risk. No person shall have any claim against LST Auctions LLC, the seller or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction pickup site. Buyers also assume liability for any damages they or their agents may cause at pickup site.
* BUYER INFORMATION/BIDDING PRACTICES:
Buyers agree they will not place bids using false names or Buyer Information. Buyers also agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers is strictly forbidden.
* ERRORS AND OMISSIONS:
All information provided by LST Auctions LLC to Bidders/Buyers, to include advertising, lot catalogs or via electronic or other means is subject to deletions, errors, additions, and changes without notice. Although we strive to provide information from reliable sources, LST Auctions LLC shall have no responsibility whatsoever for the accuracy of information provided to any bidders/buyers. All buyers shall rely solely on their own investigation and inspection of any items put up for sale in the auction.
LST Auctions LLC reserves the right to change or amend any or all of these Terms and Conditions at any time without notification. It is the buyer's responsibility to review and understand all Terms and Conditions upon registering and prior to each auction.
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.