Auction Terms & Conditions
BIDDER TERMS & CONDITIONS:
Principal Auctioneer: Jeffrey Butirro, GPPA FL AU4361
BIDDER TERMS & CONDITIONS: PLACING A BID AT THIS AUCTION, SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS & CONDITIONS
Any reference to this sale as an auction shall be construed as to mean a segment of an ongoing online auction for this entity. Therefore the word "auction" contained herein, refers to an auction segment in a series of auction segments controlled by a master online auction contract for the seller. Bidilla, Inc. is contracted by the seller to sell the items subject to this sale, and is not itself the owner of any of these items.
336 E College AV, STE 108
Tallahassee, FL 32301-1554
PRINCIPAL AUCTIONEER: Jeffrey Butirro, GPPA FL AU4361, FL AB3574, GA AU4107
BUYER'S PREMIUM: 10%
SALES TAX: Varies - Tax will apply to the total invoice, including Buyer's Premium. Tax is subject to the tax rate where the vehicle is to be registered.
PAYMENT DUE DATE: August 15, 2018, hereinafter referred to as PAYMENT DUE DATE, is the final date we will accept payment for your invoice. Please see below for payment instructions.
PICKUP DATE(s) & TIME(s): BEFORE AUGUST 28, 2018, hereinafter referred to as PICKUP DATE, are the actual dates scheduled for you to pick up your purchased items. If you cannot make these pickup dates, contact us PRIOR TO BIDDING to see if there is any flexibility. For pickup instructions, please see below.
PREVIEW DATE(s) & TIME(s): August 6, 2018 with a prearranged appointment by calling 770-322-4507 or email firstname.lastname@example.org.
CHECKOUT DATE & TIME: PAYMENT IS DUE IMMEDIATELY FOLLOWING THE AUCTION. You will receive an invoice at the email you have on file with Proxibid®, from email@example.com, with the name "Bidilla Inc. Auction Invoices - DO NOT REPLY". Bidilla, Inc. will do its best to get invoices emailed to you the day of the auction. However, late running auctions may cause a delay in receiving your invoice to the next business day.
AUCTION LOCATION: Online Only - Items are located at: 12926 Co Rd 12., Bristol, FL 32321
PARTICIPATION REQUIREMENTS: Valid Credit Card required for bidding approval
PAYMENT OPTIONS: Wire Transfer, Credit Cards will only be accepted for invoices (including Buyer's Premium and Sales Tax) that are below $500.00
Payment Instructions: A valid Credit Card is required for registration. A 10% Buyer's Premium will be added to the High Bid Price at close of Auction to determine Final Price. Sales Tax will be added to each invoice. Licensed Auto Dealers must provide a copy of their Automobile Dealer License and Sales Tax Registration Certificate prior to each auction, along with a certification that the vehicles purchased are for resale purposes to have sales tax removed. All invoices must be fully paid by the PAYMENT DUE DATE. Wiring instructions will be sent to the winning bidder in the email with the invoice, if the total invoice is $500.01 or more. If the total invoice is $500.00 or less, we will charge the invoice amount to the Credit Card on file with Proxibid® through Auction Payment Network (APN), and you will receive a "Paid in Full" invoice with pickup instructions. If the total invoice is $500.00 or less and we are unable to utilize the Credit Card on file with Proxibid®, an unpaid invoice will be emailed to the email address on file with Proxibid®, along with instructions and a phone number for payment. It is the winning bidder's responsibility to make sure all invoices are paid by the PAYMENT DUE DATE. ALL items (vehicles or otherwise) invoiced to a bidder must be paid for prior to the bidder removing ANY of the items. If Full Payment is not received by 5PM Eastern on PAYMENT DUE DATE, the winning bidder will have their bidding privileges revoked from us and a dispute will be entered into the Proxibid® platform. Once a dispute is filed the auction is closed.
FOREIGN BUYERS: Wire Transfer
Currency Type: USD
ITEM PICKUP: Bidder is responsible for having vehicles towed off the property. NO VEHICLES ARE TO BE DRIVEN OFF THE PROPERTY. All items are to be picked up by the buyer on PICKUP DATE, after full payment of the invoice and verification of funds. No party, other than Bidilla, Inc. is authorized to release any item sold at this auction. ALL ITEMS MUST BE PICKED UP BY PICKUP DATE. THERE ARE NO EXCEPTIONS TO THIS. ANY ITEM REMAINING AFTER PICKUP DATE WILL BE CONSIDERED ABANDONED PROPERTY. NO REFUNDS WILL BE GIVEN ON ABANDONED PROPERTY.
SPECIAL TERMS OF SALE:
BUYER PAYS ALL COSTS FOR TAX, TAG, AND TITLE TRANSFER
YOUR PURCHASE IS NOT CONTINGENT UPON FINANCING. DO NOT BID UNLESS YOU HAVE THE FUNDS TO PAY FOR YOUR PURCHASE
ALL VEHICLES SOLD "AS IS - WHERE IS" WITH NO WARRANTY EXPRESSED OR IMPLIED
BIDDING: Bidding on a vehicle will be considered sufficient evidence that a bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS. The Auctioneer has the authority to accept or reject any or all bids. The Auctioneer's decisions are final.
BIDDER AGREEMENT: In the event that you are the high bidder, by the act of bidding you hereby agree to purchase the Vehicle(s) for the total purchase amount of the last (high) bid plus the buyer's premium plus all taxes. You further agree that ANY STOP PAYMENT OF A CHECK OR WIRE TRANSFER, STOP PAYMENT ON YOUR CHARGE CARD, OR GIVING A CHECK THAT IS RETURNED FOR INSUFFICIENT FUNDS SHALL BE IN ITSELF PRIMA FACIE EVIDENCE OF FRAUD EXISTING AT THE TIME THE OF THE TRANSACTION; EITHER OF THESE ACTIONS SHALL BE CONSTRUED BY THE PARTIES AS AN INTENT TO DEFRAUD IN ORDER TO CONSUMMATE THE TRANSACTION. You also agree that Bidilla, Inc. is entitled to receive any and all fees or commissions outlined in these Terms & Conditions, on any vehicle sold, due to or presented at an auction event, and up to 30 days thereafter.
MERCHANDISE: All vehicles are sold "As-is, Where-is" with no warranty express or implied. We do our best in describing vehicles. However, no items are guaranteed. Time will be made available prior to each Auction Segment for a preview of the vehicles to be sold. It is the buyer's responsibility to carefully inspect the vehicles prior to the Auction Segment. Most vehicles offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the vehicles prior to bidding. Mechanic inspections may be arranged by appointment. Otherwise, bidders must adhere to the inspection dates and times indicated in the item description. ALL SALES ARE FINAL. There is no "Cooling Off Period." If you are the high bidder, ownership changes hands immediately upon the auctioneer, or online bidding platform saying "SOLD". At that point, you own the vehicle and are responsible for payment in full. Bidilla, Inc. is not responsible for lost, stolen or damaged vehicles.
DESCRIPTIONS AND PHOTOGRAPHS: Vehicle descriptions or photographs are not to be used in lieu of a personal inspection. Information provided in descriptions are from sources deemed reliable, but are not guaranteed. Bidders are encouraged to inspect the vehicles. Vehicle history report services are provided by many companies and are available via the internet. Bidders are responsible for deciding whether or not to purchase a vehicle history report.
RETURNS: All vehicle sales are final. No returns will be accepted.
DEFAULT OF PURCHASER: In the event that the auction is closed with a defaulting purchaser, in addition to asserting all remedies available by law, Bidilla, Inc. may take any or all of the following actions: the cancellation of the sale, holding the defaulting purchaser liable for the purchase price, retaining as liquidated damages any payment made by the defaulting purchaser, reselling the vehicle(s) without reserve at public auction, privately selling the vehicle(s) after giving seven (7) days' notice to the defaulting purchaser, or by taking other action(s) that Bidilla, Inc. deems necessary or appropriate. If Bidilla, Inc. resells the vehicle(s), the original defaulting purchaser shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including storage, the expense of both sales, reasonable attorney's fees, commission, incidental damage, and all charges or fees due. In the event that such purchaser pays a portion of the purchase price for any or all vehicles purchased, Bidilla, Inc. shall apply the payment received to such vehicle(s) that Bidilla, Inc., in its sole discretion, deems appropriate.
Any defaulting purchaser will be deemed to have granted Bidilla, Inc. a security interest in, the vehicle(s). Bidilla, Inc. may retain as collateral security for the obligations of the defaulting purchaser to Bidilla, Inc. any property in Bidilla, Inc.'s possession owned by such a defaulting purchaser. Bidilla, Inc. shall have benefit of all rights of a secured party under the Uniform Commercial Code adopted in the state of Florida, or in the state where the auction is held (if other than Florida).
REGISTRATION: Registration is required in order to bid at any Bidilla, Inc. Auction. This registration includes your name, address, phone number, email address, state issued Identification or Driver's License. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud.
INVOICING OF VEHICLES PURCHASED WILL BE DONE ACCORDING TO THE INFORMATION GIVEN TO US AT THE TIME OF REGISTRATION - NO EXCEPTIONS.
BY REGISTERING TO BID, YOU CERTIFY THAT YOU UNDERSTAND THAT YOU ARE THE PURCHASER OF ANY WINNING BID MADE WITH YOUR BIDDER NUMBER.
By registering to bid you also agree to be added to our email list, you do have the option to opt-out after you receive the first email.
REMOVAL OF LOTS FROM A SALE: Bidilla, Inc. will make all reasonable efforts to have all vehicles advertised, available for sale. However, there may come an occasion that a vehicle must be removed from the sale. Bidilla, Inc. assumes no liability for damages incurred by the removal of an item from a sale.
RESERVE: Some vehicles may be sold with a Reserve or Minimum Bid. If a vehicle is offered with a reserve, the auctioneer may bid on behalf of the seller until the reserve is met. If the reserve is not met, Bidilla, Inc. will submit the highest actual bid as an "offer" to the seller for their acceptance.
ONLINE BIDDING: Using an online bidding service, a bidder must in addition to accepting and following the terms outlined herein, accept and follow the Terms & Conditions set forth by the online bidding service. Bidilla, Inc. assumes no liability for damages incurred by the failure or disruption of online services.
LIABILITY: By Bidding, the Bidder agrees to hold Bidilla, Inc. and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Bidilla, Inc. and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased.
EMPLOYEES & ASSOCIATES: Employees and associates of Bidilla, Inc. are permitted to purchase vehicles at competitive bidding under the same terms, rules and regulations as the general public.
DISPUTES: Should any dispute arise after the sale, the auctioneer's records shall be conclusive in all respects.
ARBITRATION: In the event that a dispute arises from an Auction under the terms herein, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party.
LITIGATION: Any litigation brought forward by bidder/purchaser will be against seller. Bidilla, Inc. is merely performing an auction service, and does not own the property. Upon litigation, bidder/purchaser will not be entitled recovery of fees earned by Bidilla, Inc. duly performing its service.
VENUE: By bidding in this auction the bidder agrees that the contract created by these conditions of sale is made and performed in the county and state where the items are located. Any dispute arising from this auction will be resolved in, and under the laws of the County and State where the Auction was conducted.
SEVERABILITY: The Bidder agrees that if any portion of these terms is deemed unenforceable or invalid, the remainder of the terms shall remain enforceable and valid.
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.