Auction Terms & Conditions
United Country-Four Oaks Realty & Auction LLC Terms & Conditions
1. GENERAL: Items are offered for sale by United Country-Four Oaks Realty & Auction LLC. However, a third-party web site provider, an online auction services contractor, is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)". Please read auction details in full as this is a binding legal contract.
2. ELIGIBILITY: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction. B: A bidder must have an active email address to receive bills and receipts. C: Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, United Country-Four Oaks Realty & Auction LLC will reject the registration, and bidding activity will be terminated. The Seller and , United Country-Four Oaks Realty & Auction LLC, reserve the right to preclude any person from bidding or to Seller(s) may at their sole discretion request additional registration requirements from any bidder unknown to them or the auction company.
3. INSPECTION & PREVIEW: It is the sole responsibility of the buyer to determine the condition of the property that is up for auction. Prospective bidders are encouraged to inspect the property prior to bidding and to place bids based solely on their personal inspection and evaluation.
4. WARRANTY: All items are sold, "AS IS WHERE IS WITH ALL FAULTS AND DEFECTS". No refunds or exchanges! We disclaim all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the items being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied. UNITED COUNTRY-FOUR OAKS REALTY & AUCTION LLC OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDTION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILITY OF THE BUYER.
5. BIDDING: This auction is a timed event and all bidding will close at specified time. This auction has an auto extend feature. When a bid is placed in the final minute of bidding, the auction bidding will be automatically extended one minute from the time the bid was placed. The auto extend feature remains active until no further bids are received. The closing is a staggered closing. The first lot will close at 7:00pm with the next lot closing 15 seconds later. This will continue until all lots have closed. The extended bidding will not affect the closing of the lots after it unless they are linked together. There will be a notice in the auction of linked lots. (Linked lots are typically dining room suites, bedroom suites ect.) All items in a linked group will close together. A bid in the last minute extends the bidding on all items in the group.
6. OWNERSHIP: At the end of the auction, the highest bidder has entered into a binding contract. The buyer is obligated to pay the price bid, plus the stated buyer's premium of 13%. The winning bid cannot be retracted; all sales are final. Any item not picked up becomes the property of the auction company.
7. PAYMENTS: Although a credit card is required to register to participate in this auction, cash payments will be accepted. The credit card used to register for this auction will be charged for the payment in full at the end of the auction excluding cars unless you notify the auctioneer of your intent to pay with cash at pickup. ALL CARS MUST BE PAID FOR IN CASH, CERTIFIED FUNDS OR WIRE TRANSFER. Payment must be received before you pick up your winning item/items. Please print your invoice and bring it with you, along with proper ID for pick up. You must have your ID so that we can confirm payment before checking you out. This is for the security and protection of everyone's purchases. All sales are final and are subject to the buyer's premium.
8. PICK-UP: All items must be picked up on scheduled pickup date. Unless other arrangements are made prior to bidding. Please bring help to load your purchases. Please bring boxes & packing material for your small purchases. You don't want them to break on the way home. Bring blankets and tie downs for your large items. The auction company does not provide help to load or pack your purchases. All items not picked up on the scheduled pickup date will be considered abandoned and become the sole property of United Country-Four Oaks Realty & Auction LLC. The winning bidder will be charged the full amount of their winning bid plus buyer's premium for all abandoned items.
9. INDEMNIFICATION: Buyers agree to indemnify and hold harmless United Country-Four Oaks Realty & Auction LLC for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge United Country-Four Oaks Realty & Auction LLC, its former, present and future agents, employees, officers, officials and legal representatives from any liability arising out of the sale and/or concurrent negligence of United Country-Four Oaks Realty & Auction LLC for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale auction items.
10. LIABILITY: Items are offered for sale using the services and web site of the online auction services contractor. Under no circumstances will the United Country-Four Oaks Realty & Auction LLC be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction web site, or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. United Country-Four Oaks Realty & Auction LLC strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice In the event there are technical difficulties related to the server, software, or any other online auction-related technologies, reserves the right to extend bidding, continue the bidding, close the bidding or cancel the auction, even if an award notification e-mail has been received. United Country-Four Oaks Realty & Auction LLC cannot and will not guarantee uninterrupted access to the auction system.
11. LINKS: Links to other web sites or internet locations from this web site have been provided for convenience only. We do not endorse, sponsor, or approve any of the content of such web sites or locations. Access to any other web site or internet locations through this web site is at your own risk.
12. REPRODUCTION OF AUCTION MATERIALS AND RESALE OF ITEMS LISTED: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the United Country-Four Oaks Realty & Auction LLC. United Country-Four Oaks Realty & Auction LLC reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by United Country Four Oaks Realty & Auction. Before paying for and taking possession of the items listed for sale by United Country Four Oaks Realty & Auction, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that our auction staff reports suspected fraud or criminal activity to the proper authorities.
13. PRIVACY: United Country-Four Oaks Realty & Auction LLC gathers information from bidders for the sole purpose of knowing who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Email addresses will be added to our email list as a default "opt-in". You may unsubscribe from the email list at any time using the email software.
14. In all auction transactions United Country Four Oaks Realty & Auction is a Single Agent of the Seller. We represent the seller and the seller only.
15. United Country Four Oaks Realty & Auction reserves the right to reject any and all bids for any reason prior to the close of bidding. United Country Four Oaks Realty & Auction, Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.
16. Auction company employees and/or Auction Company may bid on this auction.
17. APPLICABLE LAW: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Alabama shall govern all matters relating to the use of this auction and purchase of items listed by United Country-Four Oaks Realty & Auction LLC on this site.
18. By accepting these terms, Buyer agrees to binding arbitration in Morgan County, AL, as selected by United Country-Four Oaks Realty & Auction LLC, for any legal actions against United Country-Four Oaks Realty & Auction LLC. If you have any questions, comments or concerns send emails to [email protected]
We can also be reached at the business office by calling 256-502-9905. If there is no answer, please leave a brief message and number, we will return your call by the next business day. You may also call Auctioneer Dwight Tankersley's cell number at 256-345-7831
ALL ITEMS MUST BE PICKED UP. NO SHIPPING AVAILABLE
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.