Auction Terms & Conditions
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT BID! By bidding, you are acknowledging agreement with the terms contained herein.
Registration is free, quick, and easy. You must be at least 18 years old and registered on Ptauctionteam.com prior to bidding.
Any person who completes the registration is hereinafter referred to as the "bidder", "buyer", "user", "he/she", "you," or "your". You personally guarantee full and complete payment to Phillip Traylor Auctions and Land when due and payable, whether bidding for a business entity, corporation, non-profit or any other organization, another person, or yourself. All bidders are responsible for any and all bids placed using their bidder name and/or password and agree to safeguard same. If a bid is made using your registration, you are personally liable and responsible for payment. If you suspect your bidder name and/or password has been compromised in ANY way, it is your responsibility to promptly notify Phillip Traylor Auctions and Land of same. Phillip Traylor Auctions and Land, Ptauctionteam.com, its officers, directors, members, and employees, agents, sellers (for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors are collectively hereinafter referred to as the "Auction Co.", "provider(s)", "we," or "us". We provide various services on this website necessary to conduct online auctions and associated activities. We reserve the right, at our sole discretion, to ban or refuse to provide any or all of these services without notice to any Bidder or Seller whom has failed to comply with the Terms and Conditions of Use, misrepresented themselves or any item consigned, or acted improperly, as determined solely by the Auction Co. We reserve the right to change the Terms and Conditions of Use without notice to you. You hereby agree it is your responsibility to review these Terms and Conditions of Use to be aware of any modifications.
AS IS / WHERE IS: All items sell "AS IS - WHERE IS, WITH ALL FAULTS" and with no warranty or guarantee of any type expressed or implied for any purpose of use, any condition, any content, weight, dimensions, or completeness of item(s). Buyer agrees that oral representation made by Auction Co. or any of its employees shall not modify these "AS IS - WHERE IS, WITH ALL FAULTS" terms. No bids may be withdrawn after the auction for any reason. Buyer agrees that written descriptions on website and writings on items in auction are NOT guaranteed and Buyer shall rely entirely on his/her own inspection. All information, descriptions, and photographs provided by Auction Co. are believed to be correct, but Auction Co. and Seller shall have no liability for any errors or omissions. Items being offered at auction are those items in the written description; accompanying photographs are for convenience and locating purposes and do not necessarily include all items shown in photos. If a bidder has questions or concerns about what is in a lot, he/she should ask Auction Co. for clarification prior to bidding. You acknowledge and agree that the Auction Co. and provider shall not be liable for any demands, claims, and/or damages, whether actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected with any damage, loss, or expense relating to or resulting from your use, possession, and/or purchase of any goods, materials, information, or content through this website. Without limitation, in no event, including a negligent act, shall the Auction Co. and provider be liable to you for demands, claims, and/or damages (whether direct, indirect, incidental, consequential, punitive, or special) resulting from or in any way connected to or related to loss of profits, loss of goodwill, loss or corruption of data, interruption of business, computer or software failure or malfunction, or other malady, arising out of or in any way related to or connected to the items, services, information, and/or content displayed, sold, or offered on this site. Merchandise ownership transfers to the winning bidder at time of payment and the winning bidder assumes all responsibility and liability for packing, packaging, rigging, pickup/removal, transportation, and loss or damage from that point forth.
Under no circumstances will Phillip Traylor Auctions and Land be responsible or liable for any packing, packaging, rigging, pickup/removal, transportation, loss or damage to bidder's items after ownership has transferred to bidder. Failure by the winning bidder to make payment and comply with the aforementioned terms shall be deemed a default by the bidder and may result in termination of contract and suspension from participation in future auctions until the default is cured. Unpaid invoices which are in default may become subject to Debt Collection fees, Interest Charges, and Reinstatement fees. If the Buyer fails in the performance of winning bidder's obligations, the Auction Co. may exercise such rights and may pursue such remedies as provided by law.
Buyer is responsible for all packing, packaging, loading, rigging, shipping, and transportation of items at his/her sole expense and risk. Buyer shall use care and prudence during the removal process and shall be liable for all damage incurred due to buyer's actions.
You expressly agree that use of this website is entirely at your own risk. You acknowledge that the website may experience interruption, contains errors, omissions, inaccuracies, incomplete or outdated information which are no fault of the Auction Co. You hereby agree to hold harmless and free from any liability Phillip Traylor Auctions and Land, Ptauctionteam.com, its officers, directors, members, and employees, agents, sellers (for whom we have contractually agreed to act as agents on their behalf), subsidiaries, affiliates, third-party content providers, and licensors and further acknowledge that the Auction Co. and providers in no way, shape, or form warrant or guarantee reliability of website, its content, timeliness, display, information, purity and/or integrity of data, connectivity, and/or compatibility with your equipment and software. Under no circumstances will your inability to place a bid become the liability of the Auction Co. or its internet, software, and/or content providers. In the event of dispute between any users of this website, you hereby expressly release the Auction Co. and providers from demands, claims, and/or damages, whether actual or consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE ABOVE, DO NOT BID! By bidding, you are acknowledging agreement with the terms contained herein.
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.