Auction Terms & Conditions
** PRIOR TO BIDDING: PLEASE READ ALL TERMS & CONDITIONS. DO NOT BID IF YOU ARE UNABLE TO ADHERE TO THE TERMS & CONDITIONS OF SALE. PAY CLOSE ATTENTION TO CLAUSE 1 AS IT IS ESPECIALLY IMPORTANT FOR DETAILS ON SHIPPING / LOCAL PICKUP. **
** THIS IS AN ONLINE ONLY AUCTION - ALL LOT VIEWING AND BIDDING MUST BE DONE VIA THE ONLINE CATALOG **
** INVOICES: DO NOT CONTACT THE GALLERY UNTIL YOU HAVE RECEIVED AND READ THE INVOICE EMAIL. SUCCESSFUL BIDDERS WILL RECEIVE THEIR INVOICE BY EMAIL ON THE AFTERNOON OF THE BUSINESS DAY FOLLOWING THE AUCTION. THE EMAIL WILL ARRIVE FROM ACCOUNTING@FLORIDAESTATESALES.ORG. PLEASE CHECK YOUR SPAM OR JUNK FOLDER IN THE CASE YOU DO NOT SEE THE EMAIL IN YOUR INBOX. **
PLACING A BID CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS, AND IS A BINDING CONTRACT TO PURCHASE. THE ACTION OF EXECUTING / PLACING A BID IMPLIES YOU HAVE AGREED TO PURCHASE THE LOT.
1. SHIPPING / PICK UP: The description for each lot indicates available shipping / pickup options for the given lot. Available options may include combinations of: Buyer Pick Up / 3rd Party, and We Can Ship.
Shipping terminology is defined as follows:
Pick Up: The buyer can pick their lot up in person during the designated pick up dates / times.
3rd Party: The buyer can arrange for transport of the lot or we will drop the lot to our local trusted 3rd Party shipping agent, The UPS Store at lake Ella in Tallahassee FL. Phone: (850) 224-9969, Email: email@example.com
We Ship: Auction Company will ship the lot. Shipping charge will be added to your invoice. Domestic - Insured / traceable shipping. International - Traceable / uninsured (we cannot insure international shipments - international shipments are sent at the buyer's risk).
Local Pick Up Dates / Times: Within each lot description, we have defined the item location for the ease and coordination of those planning for local pickup of their items.
If planning for local pickup - Items must be picked up in person on the following dates / times:
Location #1 - 2811 Capital Circle NE, Tallahassee FL 32308 (Manor Gallery):
- Monday, November 20th from 2:00p - 5:00p
- Tuesday, November 21st from 12noon - 4:00p
- Monday, November 27th from 12noon - 5:00p
Items requiring shipment will be sent within 14 days of cleared payment. If the lot is shipping in-house, Buyers receive their shipment tracking information once their items ship. Depending on size and value, in-house domestic shipments are sent via USPS or FedEx. International shipments are sent USPS Express Mail International. All domestic shipments will include mandatory insurance and tracking / delivery confirmation. International shipments cannot be insured through our in-house shipping service. Auction Company must be notified of Shipping Claims, Damage or Loss within 7 days of receipt. Auction Company assumes no responsibility for lost or damaged items received through post. All shipping Damage / Loss claims MUST be processed and resolved through the organization by which they were insured. Shipping damage / loss claims cannot be filed on condition issues, operational condition or damage which existed prior to shipment. Absolutely no refunds or claims may be submitted beyond 10 days of delivery of a shipment. Special Shipping / Pick Up Requirements: Please contact the Auction Company and we will do our best to accommodate.
2. LOTS: Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Lots have NOT been tested. A majority of the lots are "estate lots" - so one should expect they will be in used condition and may have defects. Lots are sold “As-Is, Without Warranty or Guarantee.” The bidder is ultimately responsible for determining the condition of a lot. All sales are final and may not be returned. The placing of a bid will be taken as full agreement to all terms & conditions. The auction house has the right to withdraw any lot. Auctioneer reserves the right to cancel / nullify the sale of any lot.
3. ABSENTEE BIDDING: Absentee Bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via the online bidding catalog. Absentee bidders agree to all terms and conditions. In the case of a tie bid between absentee bidders, the auctioneer has sole, final discretion to award the winning bid. If leaving an absentee bid, please consider leaving a highest and best bid. The auctioneer or online bidding platform will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until the bid is either successful or exhausted. This means, if a bidder leaves an absentee bid of $10000, and during the course of competitive bidding the winning bid increment is $5500, the bidder wins the lot at $5500.
4. TELEPHONE BIDDERS: Not Available.
5. BIDDING: The highest bidder acknowledged by the auctioneer shall be the purchaser. Once a bid is announced “sold”, the high bidder has purchased the lot. In executing a bid, the bidder is agreeing to purchase the lot. All sales are binding and final.
6. BUYER'S PREMIUM: A buyer’s premium of 20% applies to all bids. Buyer’s premium is added to the hammer price of each lot. According to Florida law, the Buyer’s Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax.
7. PAYMENT: All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. We do not auto-bill credit cards used in registration. Accepted forms of payment are cash, check, bank wire, MasterCard, Discover, Amex & Visa. Auction Company Reserves The Right To Require Payment By Bank Wire or Check. If payment is not received with 7 days, the auction house has the right to deem the sale "null & void" and a non-paying bidder claim / strike will be filed. We reserve the right to verify funds on personal checks. A $35 fee will apply to all returned checks. The full purchase price on all lots sold to the same buyer must be paid before removal of any of the items.
8. SALES TAX: Florida Residents and Lots Shipping to an address within the State of Florida are required to pay applicable Florida state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file. Sales Tax in Leon County Florida is 7.5%.
9. RESERVE: Most lots are offered without reservation. In an instance of a reserve, the auctioneer will announce the lot being sold as “having a reserve”. The reserve will never be greater than the low estimate. If a lot is offered with a reserve, the auctioneer may implement that reserve by bidding on behalf of the consignor to the amount necessary to achieve the reserve price. This bidding will not constitute opening bidding. If no opening bid is received, we will pass the item. However once bidding is opened the auctioneer will bid on behalf of the consignor to reach the reserve price.
10. IDENTIFICATION: All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Drivers License Number. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL CONTACT INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. Auction Company is not responsible for any delays or losses due to false information provided at the time of registration.
11. AUCTIONEER: The bidding advances shall be regulated by the auctioneer and shall be at his discretion. The auctioneer reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered until a later sale. Items which are not reserved are sold at the auctioneer’s discretion. The auctioneer has the right to refuse any bid. The Auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. The auctioneer acts as agent only, and shall not be liable for any default of the purchaser or vendor.
12. BID INCREMENTS: All bids, including absentee and Internet must be on increment. The auctioneer reserves the right to deviate from the established increment at their discretion. Bid Increments are as follows:
Up to $40 | $2
Up to $100 | $5
Up to $500 | $10
Up to $1000 | $25
Up to $2000 | $50
Greater | $100
13. DISPUTE BETWEEN BIDDERS or TIE BID BETWEEN DIFFERENT ONLINE BIDDING PLATFORMS: In the event of any dispute between bidders or a tie bid between online platforms, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. The auctioneer’s sole resolution of dispute is final and applies to all bidding mediums.
14. CONSIGNORS: Consignors are not permitted to bid on their own items. This is called "shill bidding" and is illegal by Florida Auction Law standards. By placing your item up for auction, you have agreed to sell. We cannot discuss payment on the day of the auction. Consignors may only be paid proceeds on items for which payment has been received from a buyer.
15. GENERAL TERMS & INFORMATION: Employees and associates of the auction house are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Leon, State of Florida. Auction Company has sole discretion on whether to approve an individual for bidding. Auction Company has sole discretion to decline an individual’s bidder application for any reason. Auction company has sole discretion to nullify a sale for any reason.
16. INTERNET BIDDING: Bidders are able to bid via one of our Internet Auction Platforms. If bidding live via the Internet, please bid quickly. We auction approximately 70-90 lots per hour. If leaving absentee Internet bids, please consider leaving a reasonable bid. If leaving an absentee bid, please consider leaving a highest and best bid. The online bidding platform will incrementally (in accordance with standard bid increments) execute bids on bidder's behalf until the bid is either successful or exhausted. This means, if a bidder leaves an absentee bid of $10000, and during the course of competitive bidding the winning bid increment is $5500, the bidder wins the lot at $5500. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Internet bidders may be subject to a different Buyer’s Premium.
IN PARTICIPATING IN THE AUCTION - BIDDERS AGREE TO ALL TERMS & CONDITIONS OF SALE
FL: AB3439, AU3798 GA: AU004169
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.