Auction Terms & Conditions
DO NOT BID UNLESS YOU HAVE READ AND ARE SATISFIED WITH ALL OF THE FOLLOWING:
TERMS & CONDITIONS OF SALE
By registering, bidding or continuing to use this site in any way, you are agreeing to all terms and conditions of this Auction. By registering and bidding, you are entering into a contract with Texas-National Auctioneers and you agree to the terms and conditions of the auction whether you choose to read them or not.
The equipment in this auction is LOCAL PICK-UP ONLY. No Items will be shipped. You must come to pay and pick up your purchases. No Exceptions.
Security Notice: Due to Strict Security Policies adopted by DPISD to insure the safety of students and employees, photo ID is required for all personnel attending the Preview and Pick-up. This policy is strictly enforced and unauthorized persons are not permitted on school property for any reason, except for dates and times noted for Preview and Pick-up. Requests for special preliminary auction previews will NOT be authorized - No Exceptions.
Inspection of Property - Prospective bidders are strongly encouraged to attend the Preview at 502 E 2nd St, Deer Park, TX 77536 on Friday, October 9, 2015 between the hours of 10:00am and 12:00pm and inspect closely the property being sold to determine its condition, size, quality and value, separate and distinct from any representation made. The auctioneer shall not be responsible for correct description, authenticity, genuineness or defect in any lots, and makes no warranty for any item or lot. As a Preview period is made available, no warranty is implied and no compensation or refund may be paid for any such fault or error in description or any imperfection not noted. All goods are sold "as is, where-is" and without warranty or guarantee or any other recourse.
Registration and Identification - All purchasers are required to provide a valid Drivers License or State Issued ID to verify identity as the winning bidder and complete and sign a buyer registration form at time of payment.
Payment Due - Payment must be made In-Person and prior to Pick-Up on Tuesday, October 13, 2015, between the hours of 9:00 AM and 11:00 AM at 502 E 2nd St, Deer Park, TX 77536.
If the buyer refuses to make full payment, in addition to other remedies allowed by law, the auctioneer may resell the goods at auction and the buyer is responsible for any difference in price, but is not entitled to any compensation for a higher sell price.
Payment Method - CASH ONLY*
* EFT (Electronic Fund Transfer) may be considered on case by case basis for exceptionally large purchase amounts and in such cases, a $20 bank processing charge will apply if amount owed is less than $10,000.00 and EFT transfer must be completed No Later Than 10:00 AM on the first business day following auction ending date.
Purchases amounts in excess of $10,000.00 will be requested to be made by EFT and in such case, the bank processing fee will be waived and EFT transfer must be completed No Later Than 10:00 AM on the first business day following auction ending date.
* Receipt will not be issued and no property will be transferred or removed prior to verified clearance of funds. EFT may take 1-2 hours depending on your bank, so please plan accordingly.
Buyers Premium - 10% Buyers Premium will be applied to final bid to become the Full Purchase Price.
Vehicle Transfer - Once payment has been completed, you will be required to take your receipt to the Deer Park ISD Administration building at 2800 Texas Ave, Deer Park, TX 77536 between 9:00 AM - 11:00 AM to complete transfer paperwork and receive title documents prior to removal of vehicles.
* Notice: License plates will be removed from all vehicles.
* Private Individuals: You must go to the county Tax Assessors office to transfer vehicles and obtain new license plates for your vehicle.
Remember: Proof of insurance and current vehicle inspection is required to obtain license plates upon transfer at the county Tax Assessors office.
* DEALERS are recommended to bring "dealer plates" for the number of vehicles purchased.
* DEALERS will need to provide evidence of current Dealer Licensing at time of transfer or title documents will be transferred to your individual name and address.
** Vehicles not transferred and/or claimed, as required, will be considered abandoned and no refunds will be made for any reason and all monies paid will be forfeited.
Pick-Up / Removal - No Shipping - Pick up In Person
After completion of title transfer documents, all property must be removed no later than Tuesday, October 13, 2015, between the hours of 9:00 AM and 3:00 PM.
Removal shall be at the expense, liability, and risk to the purchaser. Auctioneer or Seller shall not be responsible for goods not removed with-in the time specified. Lots not paid for and/or removed in the time specified, may be resold at public auction or private sale without further notice and deficiency, together with all expenses and charges of the resale, will be charged to the defaulting purchaser OR at seller's discretion, items not removed with-in specified time may be removed and discarded at the expense of the purchaser(s) including all labor, fees for dumpster, hauling and other associated expenses of removal. Auctioneer or Seller shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot and no refund will be given for unclaimed or abandoned goods.
Title of Property - At the end of auction, title will pass to the highest bidder, and buyer will be contacted by email or phone, as applicable. The bidder assumes ownership and agrees to pay the full purchase price and taxes as applicable.
IMPORTANT BIDDING NOTICE - Bids placed in the last moment will cause the auction ending time to extend up to three (3) minutes, to allow other bidders the opportunity to increase their own bids.
Auctioneer may refuse bid - The auctioneer reserves the right to reject any and all bids.
Withdrawal from sale - The Auctioneer reserves the right to withdraw from sale any items listed.
Auctioneer Bidding - In case of any item with a reserved minimum, Auctioneer or Agent reserves the right to bid on behalf of the Seller.
Disputes - If any dispute arises, the decision of the auctioneer shall be final and absolute.
Person and property risk -Persons attending during preview, exhibition or removal of goods assume all risks of damage of or loss to person and property and specifically release and hold harmless the Auctioneer and Seller from liability or other recourse. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition or the premises on which the goods are held.
Online Web Service - We cannot and do not guarantee uninterrupted access to the Web site or its services or content and cannot and do not guarantee an absence of any errors or malfunction of software, hardware, Internet, servers, content or other related components of the services in regard to your use of this site. Your use and/or continued use of this site shall constitute an agreement that you will hold harmless, defend, and indemnify Texas-National Auctioneers and its agents or representatives from any and all claims arising out of the use of this site in any capacity. Texas-National Auctioneers reserves the right to cancel any transaction even if you have received email confirmation. (Bidder is reminded to follow any applicable instructions on the Auction Host Web site regarding "refreshing" screen to view high bids, time remaining, extended bidding, etc. Failure to follow instructions may result in inaccurate and untimely information on Buyer's screen.) Should any portion of this agreement be deemed unlawful or unenforceable, it shall be severable and shall not affect any remaining portions of the agreement.
Compliance with Terms of Sale - A bid is a Legal & Binding contract. It is a promise to pay for goods purchased. If the buyer defaults in any of these conditions, the auctioneer may retain all monies received as liquidated damages, as well as pursue all other remedies allowed by law.
Agency - The auctioneer is acting as agent only and is not responsible for acts of its principals.
Additional Terms and Conditions - Any additional or amended terms or conditions of sale announced prior to the auction or listed on the auction website supersedes any terms outlined in this agreement and all attendees agree to be bound by them prior to bidding on any item. Please read ALL terms on Auction Website prior to bidding.
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.