Auction Terms & Conditions
The items listed for this auction are from the ESTATE OF PAUL & SHIRLEY MCCORMICK in Tolono, IL. The items listed is a accumulation of 62 years of marriage. During Paul's lifetime he served in the US Army Air Corp was a trained International Harvester Mechanic, owned McCormick's Mobil Service Station, Owned McCormick's Garage, Farmed on the side, retired from the State of Illinois and never threw anything away. Shirley worked outside the home but was mostly a housewife and dedicated mother. The following is a very
long list of household items, glassware, Chief Illini Decanters plus a 50+ year collection of 1960's auto parts, tools and service manuals. There is also items from their son's home.
**** New items are added daily. Check back for the updated list. ****
Conditions of Sale
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING. IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID. BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
Auction starts: 4/25/2018
Auction ends: 5/12/208
Preview: 5/5/2018 1PM-5PM
Pickup: 5/19/2018 9am-12pm and 1pm-4pm
Participation Requirements to bid:
• Valid Credit Card is required for online bidder registration.
• You must be of legal age (18 years) to bid.
• All bidders must register for a USER NAME and PASSWORD.
• Bidder is solely responsible for maintaining the confidentiality of your username and password, and the buyer is fully and solely responsible for all activities that occur under your username and password on your account.
• The buyer must ensure that you properly log-out and exit from your account at the end of each session. Joines Auction Service cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
• Do not solely rely on descriptions or picture(s) of items. Please inspect all items before bidding.
• Please email questions before bidding. Serious buyers ONLY please.
• By registering to bid on Auctionzip.com, you agree to accept Auctionzip.com policies of bid history disclosure, including the policy that online bidder's increments are not reported when bidding against an absentee bid until the absentee bid is surpassed.
• Please register to bid well in advance of the start time. Neither Joines Auction Service nor affiliates will be held responsible for errors or failure to execute bid(s). Absentee bids must be submitted electronically during the preview period.
• Joines Auction Service is not responsible for any errors of the purchaser including, but not limited to the purchaser bidding on the wrong lot.
• Once you place a bid, you are electronically signing and consenting that you have read and accepted all of the terms and conditions set forth in this agreement completely and without exception.
• By placing any bid on any item(s), you are entering into a legally binding and irrevocable contract with Joines Auction Service to purchase the particular item(s) in accordance with the terms and conditions of the auction.
• All sales are final.
Internet Buyer's Premium:
Joines Auction Service charges a 10% Buyers Premium on all winning bids.
Close of Sale
On the last day of the auction, items will close every 30 seconds starting at 12 PM CST. If a bid is placed within the last 3 minutes, bidding on that item will be extended another 3 minutes. You cannot be "sniped" as on eBay. If a bid is placed within the last 3 minutes, bidding on that item/lot will be extended another 3 minutes. You can place your highest bid and the system will start with the lowest increment and automatically bid for you in the increments until you run out of money, then you must bid again. It will be up to you to follow the bidding. By bidding in this auction, buyer understands that they are in agreement with the rules and regulations of this auction and have no recourse. By placing any bid on any item(s), you are entering into a legally binding and irrevocable contract with Joines Auction Service to purchase the particular item(s) in accordance with the Terms and Conditions of the Auction.
• Auction conducted in USD currency.
• All sales are final.
• No credit card charge backs will be allowed.
• We accept cash, good check, credit card or PayPal ONLY. (PayPal is a FREE service for Buyers and provides you with several very safe and secure methods of payment, including with your credit card. If you do not have a PayPal account, it is very easy to go to PayPal.com and set one up.)
• The total sales price of an item includes (i) the hammer price of the item (ii) a 3.75% credit card usage fee (iii) Illinois sale tax if applicable sales and other taxes due on account of the sale. If item is being shipped, additionally, buyer will be charged for (iv) additional $5 handling fee, packing, shipping transportation and insurance charges, and (vi) any other amount due from the Buyer as stated in these terms and conditions.
• If paying by CREDIT CARD, you will be charged for your purchases, plus a 3.75% credit card fee, buyers premium as outlined above, and any applicable taxes. Nothing will be charged to your card until a purchase is made.
• Buyer(s) specifically waves the right to dispute or deny payment for any purchases made with credit card.
• All accounts must be settled at the conclusion of the auction or within 3 days of the close of the auction.
• Successful bidder not paying for items within 2 days of the date of the auction will be considered in default. A $20/day late fee will be charged to bidder's credit card per item(s) for winning bids not paid for by 5 p.m. on day 3 from auction conclusion.
• Paid receipts will be emailed to the winning bidder.
• No items will be allowed to be removed without a paid receipt from Joines Auction Service.
• All buyer(s) are solely responsible for disassembling and removing the items they purchase. Make sure to bring your own tools, hand trucks, dolly carts, boxes, packing material necessary personnel & any equipment you will need to remove your items.
• If you cannot pick up your purchases on the scheduled dates and time frame, you will be charged an additional $20.00 to cover cost of personnel to meet you at a different date. All sold items must be removed by 5/19/2018. If other arrangements for pickup are needed, contact Joines Auction Service.
• Buyer(s) shall forfeit their purchased items if not removed by 5/26/2018 and will not be reimbursed for paid items.
• The auction company can arrange packing and shipping. Allow 7-10 business days for completion of packing and shipping. If in the case of extreme number of items shipped, shipping may take longer. Additional shipping charges will be required for those requesting shipping and handling. Shipping will be determined by location of buyer. An additional charge of $5.00 will be for handling of shipped items.
• Ship within United States and Canada.
• Packing and shipping costs are the responsibility of the Buyer and may be quoted before bidding. Fragile or large items will be shipped by a professional shipping company and will result in higher shipping costs.
• All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition.
• We will not ship any chemical or hazardous materials and will comply with all shipping company policies.
All Items will be considered used unless noted otherwise. Items may or may not be in original packaging, have all parts and are described as best as possible. It is recommended that you inspect all items before bidding. The entire risk as to the quality, authenticity and condition of items rest solely with the buyer. All items are Sold AS-IS, WHERE-IS with all faults, imperfections and errors of description and with no guarantee expressed or inferred. Due diligence is the responsibility of the bidder/buyer.
Joines Auction Service has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.
Joines Auction Service reserves the right to cancel this auction at any time.
Joines Auction Service reserves the right to remove any item during the auction.
Please note, Joines Auction Service and its staff are not responsible for accidents.
Default of Buyer:
Such default by the successful bidder will result in that bidders liability to both the seller and Joines Auction Service. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) seller can resell the items either publicly or privately with Joines Auction Service and in such an event, the buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the seller and Joines Auction Service. In addition, Joines Auction Service also reserves the right to recover any damages separately from the breach of the buyer.
The purchaser agrees to pay all reasonable attorney fees and costs incurred by Joines Auction Service in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Joines Auction Service and any other costs or losses incurred by the buyers failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Edgar County, Illinois at the option of both the seller and Joines Auction Service. Both the successful bidder and seller shall indemnify Joines Auction Service for and hold harmless Joines Auction Service from any costs, losses, liabilities, or expenses, including attorney fees resulting from Joines Auction Service being named as a party to any legal action resulting from either bidders or sellers failure to fulfill any obligations and undertakings as set forth in this contractual agreement.
In the event of a disagreement of any type over this auction, buyer and seller both agree that this will be arbitrated in Edgar County, Illinois. If we have habitual problems with any buyer, they will be barred from future auctions.
The Auction Company, when acting as Agent, is not responsible for the act of its principals.
10% charged by Auction Company
Shipping cost will be calculated after sale is completed.
Shipping cost will be a separate cost paid to Joines Auction Service.
There will be a $5 handling fee on all shipped items.
We will do our best to box items together to help with shipping costs.
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.