Auction Terms & Conditions
These are the Terms and Conditions of Sale for this online auction. Outlined is the relationship between you (Bidder) and Rothrock Auction LLC (Auctioneer/Auction Company). Throughout these Terms and Conditions, the terms: "auctioneer," "we," "us," and "our" will refer to the Auctioneer and/or Rothrock Auction LLC. The terms: "you" and "your" will refer to the Bidder. If you would like to bid in this online auction, you must read and agree to these Terms and Conditions and understand the terms are binding on both you and on the Aucitoneer. All parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this auction.
1. REGISTRATION: To gain access to this online auciton, you must register and create a username and password. You must be 18 years old or older to register. You agree all information you provide during the registration process will be true and accurate. You will be banned from participation in out auctions indefinitely should you provide any false information. BIDDER VERIFICATION: Bidding rights are provisional. If identity verification is questionable, Rothrock Auction LLC has the right to reject registration, and bidding activity will be terminated. The Seller and Rothrock Auction LLC reserve the right to prelude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential; as you are responsible for any and all activity involving your account. If the registered username is offensive to Rothrock Auction LLC or in our sole opinion detrimental to bidding activity, then Rothrock Auction LLC reserves the right to terminate the bidder from bidding or may change the username with notification to the bidder. When using the website, you must obey all local, state, and federal laws. Voilation will result in termination of website use privileges.
2. CREDIT CARD: In order for us to process your winning bid(s), we must have a valid VISA, MASTERCARD, or DISCOVER card with sufficient funds available to cover your purchases associated with your account. All payments will be made in United States Dollars.
3. UPDATE INFORMAITON: You agree that if any of the information associated with yor bidder number- including contact information and credit card informaiton- changes at any time prior to, during, or after this auciton, you will notify us of the change by updating your bidder profile. If payment information changes after registering for the auction, you must contact us to make arrangements at email@example.com prior to 6:00PM the day the auction is scheduled to end.
4. CONDUCT OF AUCITON: You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of the auction.
5. BIDDER RESPONSIBILITY: You are bidding based on the description of the items. Photos are provided for you personal reference. However, items are sold based on the descriptions. Information in brochures, catalogs, or other advertisement are believed to reliable; however, potential purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufactur, year, mileage, features, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepencies. If you are not certain of the condition, completeness, or suitability of a given item, please bid accordingly. Keep in mind: these items are used and may have scratches, dents, holes, etc. There are NO guarantees with item purchases. All items are auctioned and sold "as is, where is".
6. PHOTOGRAPHS & DESCRIPTIONS: We regularly post item descriptions and photos to aid bidders in the bidding process. We make every effort to ensure the descriptions and photographs accurately represent the items being offered for auction. CAUTION: During the photographing process, objects of various equipment may be joined. DO NOT assume a lot consists of more than what the description represents simply becuase items are connected or pictured together. Please inspect the lot numbers and descriptions. You are bidding on items as they are described, not as they appear in any photograph. If any inconsistancy appears, please report this BEFORE bidding to firstname.lastname@example.org. It is our goal to be as accurate as possible.
7. DUE DILIGENCE: Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.
8. CONDITION OF ITEMS/PROPERTY: Every effort will be made to ensure items remain in the condition during which they were photographed. All property is being sold "as is, where is" and all sales are final. We recommend potential bidder utilize inspection days to determine condition of the property.
9. WARRANTY/CONDITION: All lots, items, and property are sold "as is, where is", with all faults and no expressed or implied warranties. No action taken by the auciton company or its agents is intended to create any expressed or implied warranty as to any lot or item in this auction. It is your responsibility to determine the condition, age, genuineness, value, or other important factors. You agree everything is sold "as is, where is" and you may not return any item of purchase. Buyers assume complete responsibility for care of each purchase at the time of sale.
10. BIDDING INCREMENTS: We reserve the right to accept bids in any increment we feel is in the best interest of the Seller. We reserve the righ to reject the bidding of any person whose conduct, actions, or adverse comments we feel is not in teh best interest of the Seller.
11. BUYER'S PREMUIM/ INTERNET FEE: The internet fee/ buyer's premium of 10% will be added to the purchase of each lot. Internet fee/ buyer's premium will be capped at $1,000 per lot.
12. WINNING BIDS: If you place a bid in this auction and it is determined to be the winning bid, you enter a contract to pay for the item/lot/property you have won. You will be contacted by email informing you of the item(s) you have won. This email notification will be the only contact you recieve from us about your winning bids; this means you are responsible for checking your email following the close of the auction to determine the items you have won. If you do not recieve an email identifying you as a winning bidder, it is because we have no record of you having placed a winning bid. PLEASE NOTE: If you do not receive you email, please check your junk or promotions mail box. You agree the auctioneer will be the sole authority regarding the identification of winning bids. The auctioneer will be the final judge of disputes.
13. PAYMENT: At the conclusion of this auction, your credit card account will be charged in the amount of your winning purchases. For this reason, it is imperitive you provide us with a credit card that has sufficient credit available to pay for all of your purchases at the moment the auction closes. We accept Visa, MasterCard, and Discover cards. If you wish to pay by wire transfer, cashier's check, cash, or check at the time of pickup, you must notify us by 4:00PM CST the day the auction is scheduled to end. There is a $40 convenience fee if you are paying by wire transfer. All checks must begin at #500 or greater. Payment must be made at pickup PRIOR to loading items. Your credit card will be charged for your invoiced amount if payment has not been made by the end of the scheduled pickup times. EACH transaction necessary to collect insufficient funds will have a $30 fee imposed. Your online bidding privileges will be suspended if the auctioneer is twice unable to charge your credit card for the full amount of your purchases.
14. CHARGEBACK PROHIBITED: You agree to accept all charges placed on the credit card associated with your account to cover the amount of your purchases. You agree to not charge back any amount the auctioneer charges to your credit card.
15. PICKUP OF ITEMS: You are solely responsible for the pickup and removal of any items you may win at this auction.The auctioneer does NOT hold items beyond the published removal times. We will not issue a refund if you fail to pickup your items. Purchaser does hereby indemnify and hold harmless auctioneer and seller from any and all damages, claims, or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Please bring your own packing materials and moving equipment. The pickup, removal, and transportation of your items will be solely at your expense and risk. You further agree to be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree the credit card associated with your online account will be charged for any expenses incurred and/ or repairs necessary as a result of any damage you cause. Your items will only be released after you or your agents provides a sales receipt generated by the auctioneer stating that your account has been paid in full. It is your duty to ensure any agent has a valid copy of your receipt if you have designated them to pickup your items. You authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. You may show your invoice on your phone or tablet. NOTE: If you are unable to print or provide your receipt, bring a valid ID, as we will have a copy of your invoice. Any item remaining onsite after pickup is considered forfeited. No refunds will be given. If you do not pickup your items during the scheduled pickup times is subject to a $25 convenience fee. Pickup will still go on, no matter the weather. In the unlikely event of rescheduling pickup, you will receive an email.
16. VEHICLES: Titles and keys will be distributed on pickup day.
17. DEFAULT & DISPOSAL OF UNCLAIMED ITEMS: In the event you refuse to pay for or abandon any item yo win at auction, we will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for al deficiencies including legal, collection, transportation, and storage expenses associated with your delinquent account and/ or abandoned items. You agree that if, after being declared the winning bidder, you fail to pay for any item you have won for any reason within 3 business days, your account will be declared in default- for which you may be black listed with our auction company.
18. NON-DELIVERY: In the unusual event an item has been incorrectly described, misrepresented, or is unavailable for pickup during the published removal times, you must immediately notify the onsite staff of teh problem and file a claim for non-delivery within 24 hours. You agree if you fail to make a claim for non-delivery within 24 hours, your claim for non-delivery will not be honored. Claims for non-delivery may be filed via email. Your claim must fully describe the nature of the problem that you have identified. You agree Rothrock Auction LLC owes you ONLY the purchase price of the items (plus buyer's premium).
19. CLAIMS CHOICE OF VENUE: Any claim or controversy out of or relating to the Terms and Conditions, or to any breach thereof, will be settled eith (1) Richland County, Illinois' Small Claims Court if the claim in question amounts to less than $10,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association if the claim in question amount to more than $10,000. You agree that all claims will be litigated or arbitrated on an individual basis and will not be consolidated with any claim made by another party. Venue in every case will be Richland County, Illinois.You agree that judgements awarded will be applied to and colelcted from you personally or corporately. Should any party file an article contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree to reimburse the Auctioneer for all legal fees.
20. LIABILITY: In all cases, the Auctioneer's liability, and the liability of the seller, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. NO LIABILITY FOR THE ACTS OF THIRD PARTIES: We are not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. NO LIABILITY FOR SITE MALFUNCTION: You understand that this auciton is online-only and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
21. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and againstany claims, losses, damages, liabilities, judgements, fees, costs, and expenses; including reasonable legal fees and costs, related to, arising from, or associated with you, your agents, or representatives including, but not limited to, personal property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of the Terms and Conditions.
22. LIMITATIONS: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered, except by the Auctioneer in writing.
23. SEVERABILITY: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant, or condition as applied by other persons, places, and circumstances will remain in full force and effect.
24. GOVERNING LAW: These Terms and Conditions will be goverened by and construed under the laws of the State of Illinois.
25. ENTIRE AGREEMENT: These Terms and Conditions contian our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
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.