Auction Terms & Conditions
Agreement (Updated 9-11-14)
By bidding on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to make a bid on or buy any item.
Inspection, Assumption of Risk and Disclaimer of Warranties
Bidder is knowledgeable and informed about the items for which Bidder submits a bid, and Bidder assumes all risk relating to the condition, authenticity and value of the item. Bidder understands and agrees that Bidder is relying solely on Bidder's inspection, evaluation, information and judgment when submitting a bid regarding any item, and that Auctioneer makes no representation or warranty concerning the value, condition or authenticity of any item offered for bid. All items offered for bid or sale are sold "AS IS," "WHERE IS," and without representation, warranty or guarantee of any kind, whether created by statute or by common law. AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY IMPLIED BY COURSE OF DEALING, OR ANY OTHER WARRANTY, WHETHER CREATED BY STATUTE OR BY THE COMMON LAW.
Any grading or authentication by any third party, including any statements made on certificates of authenticity, grading certificates, valuation certificates, certificates of appraisal, gemological laboratory reports, or any similar reports or valuations are exclusively the opinions of the authors, and are not the opinions or statements of Auctioneer. Bidder understands that Auctioneer has not verified any such statements or opinions and does not warrant their accuracy. Bidder relies exclusively on Bidder's own investigation and information, and assumes all risk of any inaccuracy in statements or opinions expressed by others.
Agreement Not to Dispute Credit Card Charges
Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge or reverse any such payment or charge.
Governing Law and Venue
This Agreement and the rights of the Parties shall be governed by and construed in accordance with the laws of the State of Arizona without the application of any conflict of law principles that would require or permit the application of the laws of any other jurisdiction. Any action at law or judicial proceeding instituted by any Party relating to this Agreement shall be instituted and maintained only in the state or federal courts in Maricopa County, Arizona.
1. EVERYTHING MUST BE PAID FOR IN FULL ON THE DAY OF THE AUCTION REGARDLESS OF WHEN IT IS PICKED UP. ITEMS NOT PICKED UP WITHIN 30 DAYS WILL BE FORFEITED (INCLUDING ANY AND ALL MONIES PAID FOR THE ITEM OR ITEMS). Items which have been left unpaid and not picked up within 10 days will become property of the auction house and resold at our discretion.
2. Everything will be sold "as is, where is", with no guarantees of any kind, regardless of statement of condition made from the auction block. Buyers shall rely entirely on their own inspection and information. Statements on Certificate(s) Of Authenticity, Grading Certificates, Valuation Certificates, Certificates of Appraisal, Gemological Lab Reports, and the like (collectively referred to herein as COA) are the opinion of the company or entity which issued the COA, and not those of Pot Of Gold Estate Liquidations, LLC. The information contained on the COA is added to the written descriptions of items solely as an attempt to fully disclose any information accompanying the item, and in no way constitutes a guarantee of the validity of the information on the COA. It is the sole responsibility of the bidder to verify the claims made on said COA before placing any bids on that item. When placing bids on item(s) accompanied by COA(s) it is the sole responsibility of the bidder to research the company or entity which issued the COA and base bidding activity on the strength of the reputation of the company which issued the COA(s). No refunds will be given due to disputes over the validity of information contained on COA(s).
3. Grading and authentication is not an exact science, and it is possible that two people do not always grade or evaluate the same item alike. Any stated grade or condition or estimated value represents the opinion of the third-party professional whose opinion is quoted in the item(s) description. Lots that are accompanied by a Certificate of Authenticity from a third-party authenticator are not eligible for return. Absolutely no exceptions will be made regarding this policy. Given the opinionative nature of autograph authentication, autographed items which are accompanied by the Third Party Authentication(s) listed with a lot represents the opinion of the third-party professional, and no further warranties or guarantees of opinion from outside authenticators, or so-called "experts", is being implied or guaranteed in any way. LOTS MAY NOT BE RETURNED BASED UPON A DIFFERENCE OF OPINION IN GRADING OR AUTHENTICATION. It is ultimately the Bidder's responsibility to arrive at a final conclusion on their level of satisfaction of authenticity PRIOR to bidding. Please do not bid on a lot if you are not comfortable with the stated authentication(s) that accompany a lot.
4. Every effort is made to "guard" merchandise throughout the auction; however, the bidder becomes solely responsible for all items purchased by him immediately following his winning bid. Therefore, he is advised to further guard his items at his own discretion.
5. The Bidder is responsible for knowing which item he is bidding on. If he is unsure, he should inquire or not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes".
6. In accordance with Federal Law every gun purchase must be approved via a background check. It is the responsibility of the purchaser to be aware of his or her ability to pass a federal NICS check. It is the responsibility of the interstate purchaser to be aware of the laws of their state regarding the legality of receiving any item, and for providing us with a receiving FFL Dealer in the bidder's locale. Due to Federal Regulations we unable to sell any firearm-related merchandise outside of the United States.
7. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the seller.
8. 13% buyers fee will be added to invoice. 3% Discount on buyers fees if paid with cash or debit card. (Card holder must be present to use debit card and to manually insert PIN#.)
9. Shipping charges are: exact cost, and we generally ship via USPS and FedEx, shipping costs start at $5.05 depending on weight, size, and distance as the shippers' fee schedules dictate. Additionally, every package is insured based on invoice value, plus $7.50 for packing material and handling, as well as $2.25 for signature confirmation. Guns will be shipped for a flat rate of $35.00 each, unless special packaging or shipping instructions are required. Packing and shipping of large items, and hard-to-pack items will be charged on an individual basis. We do not provide crating. We do not ship furniture items. IT IS THE RESPONSIBILITY OF THE BIDDER TO VERIFY AND CONFIRM THE SHIPPING ADDRESS AS IT APPEARS ON EACH INVOICE (Found in the Sold To section of each invoice).
10. ON-LINE ABSENTEE BIDS ARE ACCEPTED UP UNTIL 2 HOURS BEFORE THE LIVE AUCTION BEGINS. These bids are NOT THE FINAL RESULT. Absentee bids become part of the live bidding action during the auction and are entered by a Proxy Bidder who acts on behalf of the absentee bidder. (Note: The exception of any ON-LINE ONLY auctions, which have NO LIVE PORTION.)
11. Invoice totals for Out-of-state Bidders and Non-Local Bidders will be charged to the credit card on-file on the night of the auction, and at a rate of 13% Buyer's Premium.
12. This clause pertains to consignments. Occasionally consignors will bring items that we ultimately are unable to sell due to condition or value. When that occurs, consignors agree, as spelled out here in Clause #12 in our Terms and Conditions, to pick up items within seven days of notification (usually via email) by Pot Of Gold Estate Liquidations, LLC, or else those items will be forfeited, to be disposed of at our discretion.
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.