Auction Terms & Conditions
(DAVID A. LEWIS, III - INDIANA AUCTIONEER LICENSE #AU11800033)
(GEORGE RISSMANN - INDIANA AUCTIONEER LICENSE #AU11800032)
TERMS & CONDITIONS OF SALE
THIS IS A LIVE AUCTION BEING HELD AT LITTLER DIECAST CORP. BIDDING WILL TAKE PLACE ON TUESDAY, APRIL 30TH, 2019 BEGINNING AT 9:00 A.M. (EDT). ALL ITEMS ARE BEING PRESENTED FOR SALE AS IS/WHERE IS, WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED. A 15% BUYERS PREMIUM WILL BE APPLIED TO ALL PURCHASES. A 3% PROCESSING FEE WILL BE ADDED TO ALL CREDIT CARD PURCHASES.
1. REGISTRATION - All bidders must register for the sale providing name (& business if applicable), address, reliable contact phone number, and email address. By registering, the bidder acknowledges that they have read, accept, and agree to abide by the terms set forth in this document and the Terms & Conditions of Invoice attached to this document. It is the registrant's responsibility to seek clarification of any terms and conditions not clearly understood or left undefined within this document.
2. INSPECTION - Items can be inspected at Littler Diecast Corporation located at 500 West Walnut Street in Albany, Indiana 47320 on Monday, April 29th, 2019 from 9:00 A.M. to 4:00 P.M. (EDT) Inspections prior to this date can be arranged by appointment through Rob Lee Diecasting (260) 307-1033.
3. BIDDING - All bidders must be registered to participate in this sale. A 15% Buyer's Premium will be added to the sale price of all purchases. Placing a bid acknowledges that the bidder has read, accepted, and agrees to abide by the terms set forth in this document. Placing a bid also signifies a contractual intent to purchase at the specified bid amount and cannot be rescinded.
4. PAYMENT - All sales must be paid in full day of the sale. ATEC accepts Cash, Cashier's Check, Credit Cards, and Wire Transfer as payment. A 3% processing fee will be added to all credit card purchases. If paying with a credit card, the buyer waives their rights to file a credit card dispute, as all items are released to the buyer immediately following payment, and all items are sold "As Is/Where Is". A 15% Buyers Premium will be added to the sale price of all purchases. Any unpaid purchases will be re-sold at the auctioneer's discretion. All bidders purchasing titled assets must provide detail for title work at check out. Please allow 7-10 days for processing title work.
5. REMOVAL - Removal is the sole responsibility of the buyer. The auctioneer is not responsible for preparing items for shipping or removal. No Items will be released until that item has been paid for in full and a copy of the paid invoice is presented to an ATEC representative.
Purchasers/Movers/Riggers are responsible for utility disconnections including: Proper disconnection and termination of all electrical, water and/or air lines to their items; The removal, off the premises, of all hazardous waste or oil contaminants contained within or on the purchased assets must comply with all environmental laws; All gas line terminations and electrical disconnections must be done in accordance with any federal, state, or local codes. Purchasers/Movers/Riggers will be held liable for all costs relating to damages and repairs to personal property and/or premises because of their negligence and/or their activities.
If you employ someone to remove your purchases, they must provide a copy of the paid invoice to our representatives on site. All professional movers MUST provide proof of insurance to ATEC prior to moving any items. NO ITEM WILL BE REMOVED WITHOUT PROOF OF PURCHASE AND PAYMENT - NO EXCEPTIONS!
Removal of all items will take place Wednesday, May 1st through Friday, May 31st, 2019, from 9:00 A.M. to 4:00 P.M. Please contact Rob Lee, Lee Diecasting Services at (260) 307-1033 to schedule removal.
ANY ITEMS NOT REMOVED BY MAY 31ST, 2019 AT 4:00 P.M. WILL BE CONSIDERED ABANDONED AND RESOLD.
6. MERCHANDISE - All items are being sold AS IS/WHERE IS without warranty or guarantee of any kind expressed or implied. Neither the auctioneer nor the seller shall be responsible for discrepancy in description or nomenclature. The auctioneer does not own any of the items in the sale and is working on behalf of the seller. The auctioneer reserves the right to remove, on behalf of the seller, any items identified by the seller to have a clear defect or legal encumbrance not initially known and identified at the time of posting. Neither the auctioneer nor the seller shall be held responsible for any issues related to the safe handling and transport of item(s) purchased, as removal is the responsibility of the buyer.
IT IS YOUR RESPONSIBILITY TO CLARIFY ANY OF THE TERMS OR CONDITIONS PRIOR TO BIDDING ON ANY ITEMS.
ALL QUESTIONS RELATED TO EQUIPMENT & REMOVAL NEED TO BE DIRECTED TO:
ROB LEE, LEE DIECASTING SERVICES (260) 307-1033 OR RLEE@LEEDIECASTINGSERVICES.COM
ALL OTHER QUESTIONS CAN BE DIRECTED TO:
KATI KINGDON AT ATEC (314) 778-9898 OR KKINGDON@ATEC-INC.COM
TERMS AND CONDITIONS OF INVOICE
BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE INVOICE TERMS AND THESE TERMS AND CONDITIONS BY TENDERING THE PURCHASE PRICE TO SELLER OR TAKING POSSESSION OF THE GOODS, WHICHEVER OCCURS FIRST.
The accompanying invoice and these terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods set forth in the invoice ("Goods") by OSP LLC d/b/a ATEC, the seller named on the invoice ("Seller") to the buyer named on the invoice ("Buyer"). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. These Terms prevail over and shall supersede and replace any of Buyer's general terms and conditions of purchase regardless whether or when submitted or delivered by Buyer.
Risk of loss for the Goods passes to Buyer once the auction for the Goods closes. Title of the Goods passes to Buyer upon delivery by Buyer of the purchase price for the Goods. All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes.
ALL SALES ARE FINAL WITH NO REFUNDS, RETURNS, OR EXCHANGES. Buyer accepts that the Goods are being sold "AS IS, WHERE IS, WHERE CURRENTLY LOCATED, WITH ALL FAULTS," irrespective of where the Goods may be located, without any warranties or representations of any kind by Seller to Buyer. Buyer acknowledges and agrees that it has had a full opportunity to inspect the Goods prior to sale. Buyer further acknowledges and agrees that it and its agents have relied and are relying solely on their own skill and experience in inspecting the Goods and has neither relied upon the skill or judgment of the Seller nor believes the Seller or its agents possess any special skill or judgment in inspecting the Goods. SELLER EXPRESSLY DISCLAIMS, AND BUYER EXPRESSLY WAIVES, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR OTHERWISE, REGARDING THE GOODS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES WITH RESPECT TO THE QUALITY, CONTENT, CONDITION (INCLUDING, WITHOUT LIMITATION, PHYSICAL AND ENVIRONMENTAL CONDITION) OR USE OF THE GOODS. SELLER SHALL NOT BE LIABLE FOR AND BUYER HEREBY RELEASES SELLER AND ITS EMPLOYEES, MEMBERS, MANAGERS, AND AGENTS FROM ANY DAMAGES WHATSOEVER, INCLUDING SELLER'S ATTORNEY FEES, RELATING TO OR ARISING FROM THE GOODS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY IN TORT). SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO THE BUYER CONCERNING THE FITNESS OF THE GOODS FOR THE PARTICULAR PURPOSES OF THE BUYER, IF ANY, AND SELLER ASSUMES NO RESPONSIBILITY FOR THE CONDITIONS, SAFENESS, USABILITY, REPAIR OR FITNESS OF THE GOODS. THERE IS NO WARRANTY RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION.
All matters arising out of or relating to these Terms or the Goods are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provisions. This is a receivership sale. Buyer agrees that any suit, action or proceeding arising out of or relating to these Terms or the Goods shall be subject to the exclusive jurisdiction of the Delaware County, Indiana Circuit Court 5, and filed under Cause No. 18C05-1802-MF-000036. Buyer irrevocably submits to the exclusive jurisdiction (personal and subject matter) of such court in any and all suits, actions or proceedings.
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.