Auction Terms & Conditions
Noel Auctioneers & Marketing Group
United Real Estate Lexington
1478 Alton Rd.
Lawrenceburg, KY 40342
TERMS AND CONDITIONS
PLEASE READ ALL TERMS AND CONDITIONS PRIOR TO BIDDING!!! PERSONAL PROPERTY/EQUIPMENT IS OFFERED UNDER THE SPECIFIC TERMS AND CONDITIONS PROVIDED HEREIN. PLEASE READ AND REVIEW THOROUGHLY PRIOR TO BIDDING ON ANY PERSONAL PROPERTY OR EQUIPMENT. IF YOU HAVE NOT READ AND REVIEWED THE TERMS AND CONDITIONS, DO NOT BID.
PLEASE REFRESH YOUR PAGE! Please remember to refresh your page during the bidding. The bidding page you are viewing shows you the bid at the time you logged on to that page. YOU MUST REFRESH YOUR PAGE EVERY SEVERAL SECONDS to view accurate bids. This is particularly important during the final minutes of bidding for an item.
Payment and Pickup- Payment and Pick up must be made by Friday, August 14, 2019 from 12-4 p.m. at 900 N Broadway Lexington, KY 40505. All items must be paid for in full prior to removal. Payment may be made by cash, credit card (VISA or Mastercard), Official Bank Check, or bank certified check. All purchases over $1,000 must be paid for by cash, credit card (VISA or Mastercard), Official Bank Check, or bank certified check. ALL CHECKS MUST BE ACCOMPANIED BY LETTER FROM THE BANK GUARANTEEING FUNDS. Most buyers choose to pay for their items when they pick them up. If you fail to pick up your items, we will charge your credit card. Any and all credit card transactions will be charged an additional 5% Processing Fee. There will be a $10 per lot fee added to your total invoice if you fail to pick up your winning items on the arranged pick up date. There will be a $25 handling fee if you need your item/items shipped. As well as an additional shipping fee.
Location of All Items: 900 N Broadway Lexington, KY 40505
SERVER & SOFTWARE TECHNICAL ISSUES: Online bidding is offered as a courtesy. The Auctioneer, Noel Auctioneers & Marketing Group, and the Internet and Software Providers do not guarantee or warrant the online bidding procedure and/or system to operate without interruption or malfunction.
In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Noel Auctioneers & Marketing Group, reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE, SELLER or NOEL AUCTIONEERS & MARKETING GROUP SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
NEW DATA, CORRECTIONS, AND CHANGES: Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information.
Disclaimer & Absence of Warranties: All items are being sold on an "AS IS, WHERE IS" basis, and no warranty or representation either expressed or implied, concerning the property is made by the Seller or Noel Auctioneers & Marketing Group Agents or Representatives. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in the brochure and on the website is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller, Noel Auctioneers & Marketing Group Agents or Representatives. All sales are final.
Buyer's Premium: A 10% buyer's premium will be added to the winning bid of each item to determine the final selling price.
BUYERS MUST PROVIDE THEIR OWN LABOR, TOOLS, REMOVAL EQUIPMENT, PACKING MATERIAL AND BOXES IF NEEDED. All items must be removed in a safe, proper, workman like manner. There will be a $10 per lot fee added to your total invoice if you fail to pick up your winning items on the arranged pick up date. Any and all credit card transactions will be charged an additional 5% Processing Fee. There will be a $25 handling fee if you need your item/items shipped. As well as an additional shipping fee.
Registration: Registration is free but does require several important pieces of information. As with our live auctions, bidders must be registered with a full name, address, and telephone number. An email address is also required so bidders may be sent winning bid notifications and auction invoices. Information from either a MasterCard or Visa is to be held on file. This information is obtained to deter defunct bidding. The account will be charged in the event that an item has been unpaid after the allotted time for payment has passed. Registration may only be completed with an acknowledgment that the bidder has read and understood all terms and conditions for the sale and online bidding.
Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Noel Auctioneers & Marketing Group will reject the registration, and bidding activity will be terminated. The Seller and Noel Auctioneers & Marketing Group reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the web-site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Noel Auctioneers & Marketing Group retains the right to prevent anyone from participating in this and future online auctions who does not abide by the terms and conditions of the auction or whose actions are not in the best interest of our client, the Seller. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of Noel Auctioneers & Marketing Group are final.
Merchandise: All descriptions and information are believed correct, but are not guaranteed and as such the Auctioneers, Noel Auctioneers & Marketing Group and/or the Seller shall not be held liable for inaccuracies in the information. It is the Bidders responsibility to obtain or verify, prior to bidding, any information they consider critical to their decision to purchase. Preview times are available by scheduling an appointment for potential bidders to physically inspect the items. All bidders are encouraged to inspect and research all aspects of the items, descriptions and information provided to their complete and full satisfaction prior to bidding. The items are being sold "as-is" "where-is" with no warranties or guarantees of any kind including merchantability and/or fitness for particular purpose.
Bidding: Online bidding is to be understood as a binding contract. Bids will be taken with the understanding that the bidder will honor their winning bid with sufficient funds including all applicable taxes and fees. Do not bid if you do not intend to pay. Notification of winning bids will be sent via email along with an auction invoice within 24 hours of the auction's close. Bidding can be made using two methods on our website- "Your Bid" and "Your Maximum." "Your Bid:" This feature allows the bidder to input a single bid as in a live auction. For example: the bid for item #1 is currently $2,000 placed by bidder A. Bidder B wishes to bid $2,500. By placing a bid of $2,500 in the "Your Bid" box, Bidder B now has the current winning bid. If Bidder A wishes, he/she may bid again, continuing the auction cycle. "Your Maximum:" This feature does your bidding without the bidder having to constantly view, log in, and bid on an item. Setting a maximum online is much like coming to a live auction with a preset spending limit in mind. The program will bid for you, in the prescribed increments, and only up to your spending limit for the item. For example: item #3 is currently at $5,000 with Bidder A having the winning bid. Bidder B wants to place a bid and is willing to spend as much as $7,500 for item #3. If Bidder B places a maximum bid of $7,500, the price of the item rises only to $5,050. Bidder A returns to the item online and places his/her maximum bid at $5,250. The program automatically does the bidding: A-$5,100, B-$5,150, A-$5,200, B-$5,250. The bidding stops at $5,250 with Bidder B winning because the next bid would be $5,300, which is more than Bidder A's limit. Maximum bids are kept confidential. Any bidder can raise a bid or a maximum bid at any time prior to the close of the auction.
Close of Bidding: The bidding will begin to close at 7:00 PM (Eastern time zone), Tuesday, August 13, 2019 @ 7 p.m. For your convenience, the closing of items will be on a staggered basis of 5 items every minute. For example, items 1-5 will begin closing at 7:00, items 6-10 will begin closing at 7:01, items 11-15 will begin closing at 7:02, etc. The closing of some items may be extended in the event of last minute bidding. See paragraph below regarding the Extended Ending feature.
Extended Ending: The items in the auction will be subject to a extended ending, whereas at the close of the auction, any bidding activity on an item within 5 minutes of the closing time will automatically extend the bidding for 5 more minutes past the time of the last bid. The bidding on that lot will continue to remain open in 5 minute intervals as long as there is bidding activity within 5 minutes of the previous bid. Once there is no bidding activity for a 5 minute period, the bidding on that item will close. For example, if a lot is supposed to close at 7:00 PM but a last minute bid is placed at 6:59 PM, bidding will be extended until 7:04 PM. If another bid is placed on an item at 7:02 PM, bidding will then close at 7:07 PM, unless subsequent bids are placed.
Penalties: Any bidding found to be fraudulent and/or negligence to provide proper payment in the allotted time will result in all appropriate legal action. Any invoice not fully and properly paid for in the allotted time will be charged to the credit card account presented at registration and the items forfeited. Delinquencies will be noted and will prevent the individual from participating in any further live or online auctions conducted by Noel Auctioneers & Marketing Group.
Auctioneer's Right to Bid: It is hereby disclosed that will the seller's permission Noel Auctioneers & Marketing Group, Agents, Representatives and staff reserve the right to bid for themselves and buy. In addition, Noel Auctioneers & Marketing Group reserves the right to bid on the behalf of absentee bidders and for any other bidder in accordance with their authorization and to enter ANY bidding on the seller's behalf except in the case of Absolute offerings.
Agency: Noel Auctioneers & Marketing Group has an exclusive right to sell listing for this transaction. All negotiations must be conducted through Noel Auctioneers & Marketing Group.
Auctioneer/Seller Disclaimer: The information contained herein is believed to be correct to the best of the auctioneer's knowledge. The information is being provided for the bidder's convenience and it is the bidder's responsibility to determine the information contained herein is accurate and complete. The equipment is selling in its 'as-is' condition with no warranties expressed or implied.
As previously noted by bidding on the property, buyer agrees to all terms and conditions set forth.
All questions regarding this auction should be directed to Jonathan Noel-Auctioneer with Noel Auctioneers & Marketing Group.
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.