Auction Terms & Conditions
BIDDER TERMS & CONDITIONS:
Principal Auctioneer: Jeffrey Butirro, GPPA FL AU4361 FL AB3574
BIDDING: Bidding on any item 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 and all bids. The Auctioneer's decisions are final.
BUYER'S PREMIUM: A Buyer's Premium of 15% will be charged on the total bid. EXAMPLE: If you intend to spend no more than $100.00 on an item, bid to $86.00. A 15% Buyer's Premium of $12.90 will then be added to the $86.00, bringing your total to $98.90. You will save $1.10.
SALES TAX: Florida and Georgia Sales Tax (State and Local) will be collected on all sales made and delivered within the states of Florida and Georgia. The States of Florida and Georgia Departments of Revenue's Rules require that Sales Tax be charged on the total invoice price including Buyer's Premium. The buyer is responsible for all other out of state sales tax due on items shipped. Buyers purchasing items for Resale must provide a current Resale Certificate PRIOR to each Auction. Tax Exempt Bidders must provide a current Tax Exempt Certificate PRIOR to each Auction.
MERCHANDISE: ALL ITEMS ARE SOLD "AS-IS, WHERE-IS" WITH NO WARRANTY EXPRESS OR IMPLIED, unless otherwise stipulated. We do our best in describing items. Time will be made available prior to each Auction for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction. Descriptions of an item are not meant to be used in lieu of actually inspecting the item yourself. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the property prior to bidding. Bidders must adhere to the preview and inspection dates and times posted. ALL SALES ARE FINAL.
BIDDERS accept any and all liability and will hold Bidilla, Inc and the Santa Rosa County, FL Sheriff's Office County harmless for injuries sustained by BUYER or Agents, Employees, or Contractors, or any person acting on behalf of or in conjunction with the BUYER, during the preview and inspection and pickup of items being sold.
DESCRIPTIONS AND PHOTOGRAPHS: Occasionally errors occur in item descriptions and photographs. Item descriptions or photographs are not to be used in lieu of a personal inspection of an item. Time is made available prior to the auction to inspect the items. ALL SALES ARE FINAL!
PAYMENT: Payment is expected immediately following the Auction, on the day of the Auction. Your credit card on file with Proxibid will be charged following the auction. Acceptable forms of payment will be: Visa, MasterCard, Discover, American Express or wire transfer. ALL items invoiced to a bidder must be paid for prior to the bidder removing ANY of the items. If any payment is past due five (5) days following the auction, there will be a 5% late fee assessed to your invoice. If full payment not received by 5PM ET on the seventh (7th) day following the Auction, the nonpaying bidder will have their bidding privileges revoked from Bidilla, Inc and a dispute will be filed against them on Proxibid. ONCE A DISPUTE IS FILED, THE AUCTION IS CLOSED AND IT IS TOO LATE TO MAKE A PAYMENT.
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, and credit card number. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud. By registering to bid you agree to be added to our email list. You have the option to opt-out after you receive the first email.
ITEM PICKUP: All items are to be picked up by the buyer on October 1st, 2018 from 9 AM CT to 12 PM CT, 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 OCTOBER 1, 2018 AT 12 PM CT. THERE ARE NO EXCEPTIONS TO THIS. ANY ITEM REMAINING AFTER OCTOBER 1, 2018 AT 12 PM WILL BE CONSIDERED ABANDONDED PROPERTY. NO REFUNDS WILL BE GIVEN ON ABANDONED PROPERTY.
SPECIAL NOTES ON PICKUPS:
Please bring loading assistance with you. There will be no loading assistance from Santa Rosa County, FL Sheriff's Office County School District Employees or Bidilla, Inc. All loading is at ground level. THERE IS NO DOCK LEVEL DOOR!
Some items may require disassembly or equipment to move from location. Please bring adequate tools and equpment with you. There will be no tools or equipment (ie: forklift) available at the location. There will be no assistance from Santa Rosa County, FL Sheriff's Office County School District Employees or Bidilla, Inc on disassembly.
There is the possibility that your items may be blocked by other winning bidders' items. We ask that you use the same care and respect for their items as you would with yours.
REMOVAL OF LOTS FROM A SALE: Bidilla, Inc will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale. Bidilla, Inc assumes no liability for damages incurred by the removal of an item from a sale.
RESERVE: Most items are offered without reserve or minimum bid. If an item has a reserve, a proxy bidder may bid on behalf of the seller until the reserve is met. However, we will not offer an opening bid on behalf of the seller. If no opening bid is received, or if the bidding does not reach the reserve amount, we will pass the item or submit the high bid as an "offer" to the seller for their acceptance.
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.
SELLERS: All Santa Rosa County, FL Sheriff's Office County, FL employees are prohibited from participating in the sale of surplus property. This includes attending auctions as well as purchasing any items the Santa Rosa County, FL Sheriff's Office County, FL has placed for sale in the auctions.
EMPLOYEES & ASSOCIATES: Employees and associates of Bidilla, Inc are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public.
ARBITRATION: In the event that a dispute arises from an Auction under these TERMS & CONDITIONS, 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.
VENUE: By bidding at this auction, the bidder agrees that the contract created by these conditions of sale is made and performed in the county where the Auction is conducted, in the State of Florida. 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 & CONDITIONS is deemed unenforceable or invalid, the remainder of the TERMS & CONDITIONS shall remain enforceable and valid.
SHIPPING: The BUYER is responsible for all removal packing or packaging and shipping of all purchased items. BUYER accepts any and all liability and will hold Bidilla, Inc and Santa Rosa County, FL Sheriff's Office County harmless for damages to the purchased items and/or damages to the property of others incurred by the removal, packing or packaging and shipping process. BUYER accepts any and all liability and will hold Bidilla, Inc and Santa Rosa County, FL Sheriff's Office County harmless for injuries sustained by BUYER or Agents, Employees, or Contractors, or any person acting on behalf of or in conjunction with the BUYER, during the removal, packing or packaging and shipping process.
The UPS Store #5202, 707 East Cervantes ST., Pensacola, FL 32501 (850)433-8334 email@example.com.
Eagle Packing & Crating Services Inc, 1075 S Fairfield Dr., Pensacola, FL 32506 (850) 456-0504 (850) 681-4556 firstname.lastname@example.org
These companies can handle picking up, packing, and shipping anything from small items to large items that must be palletized and put on a truck. They are also willing to give shipping quotes before you bid. This is just one resource available to you, and is not a recommendation to use any particular company.
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.