Auction Terms & Conditions
This is a legal agreement between you, the user or buyer and the site owner or Auction Company. Each MIOA location is independently owned and operated. Any issues with a particular MIOA business, you must deal with them. General use Provisions Michigan Online Auctions and or Affiliates (Auction Company) in its sole discretion may ban from further use any buyer or seller which auction company believes to have in any way misrepresented itself or any items selling, failing to abide by terms, or conduct any improper auction behavior determined solely by Auction Company.
Any seller who misrepresents their items in any and buyer who in probably fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions. The balance will be due within ten business days and prior to removal, payable by a cashiers check, cash, credit card, or wire transfer.
In no doubt the purchase price is the Sum all of the bid price, buyers premium, buyers fee, and sales tax if applicable. All payments must be in U.S. funds. Auction Company reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not paid within seven days. All items to sell subject to auction company confirmation discretion.
Notice: A buyers premium will be added to all purchases. This buyers premium varies, pending on the auction. The weekly online auctions will have a buyers premium up to 15 percent for on time pick up. After 7 days from date of auction date the Buyers Premium will be 20% (with no cash discount) plus storage fees. Prepaid items or Haul backs will not receive a discount for early payment and if not picked up with 7 days from date of auction/or delivery of haulback storage fees will be applied before. Any items not paid with in 10 days will be charged a restocking fee equivelant of the Buyers Premium or minimunm of $5.00 per lot. Buyer may remove items. Most off-site auctions will have a 15 percent buyers premium. The actual buyers premium in effect will be noted on the additional information page. You will see this additional information page when you click on the button to view the items that will be selling. You may also call us to find out the exact amount of buyers premium for any auction. Also a 5 percent cash/cash equivalent to mediate discount will be given at the auction companys option on cash or cash or equivalent funds only. The 5 percent cash rebate offset a portion of buyers premium for weekly onsite auctions only. Visa MasterCards are accepted with no cash discount. We do not accept payment online it must be done at the time the product is picked up. Removal and failure to remove. All purchases must be removed from the auction site without damaging any property and within the time announced or posted.
All costs, responsibility and risk of such removal shall be done by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyer fails to remove any of buyers purchases within the time specified, the auction company shall have the right but not the obligation, in its sole discretion, to recall, this guard or remove and stores such purchase at buyers sole risk and expenses (storage costs at $10 per day per item-other cost additional), without believing any rights that auction company or seller may have against the buyer. Storage charge will be the responsibility of the buyer (after five business days).
All bidders will be subject to Michigans 6 percent sales tax unless you provide our office with the documentation we require for exemption. Notice to the buyer of the titled items: For Michigan residents we are required by the state of Michigan to broker all vehicles sold. A $65 brokers said fee will be charged for all vehicles which need to be brokered. In addition to a $15 fee for title transfer will be charged.
Please know that buyers will need to sign the appropriate paperwork required by the state for title transfers.
The seller bidding: The seller or the agent reserves the right to bid on their own item in order to protect their investment.
All items sell AS IS WHERE IS no warranty of any type expressed to or implied as to the merchantability or fitness for any particular purpose of any goods offered in the sale. All sales are made on an AS IS WHERE IS basis with all faults. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. Buyers agree that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auction company.
Buyers also agree that any oral representations made by the auction company shall not modify these AS IS WHERE IS terms. Buyer understands that any discretion given in the sale or written on the equipment is not guaranteed, and buyer will rely entirely on their own inspection. All information and descriptions contained in advertising the sale are believed to correct, but no responsibility is assumed by Auction Company for any errors or an omission. Posting closing time in display of auction companies current time is approximate. Auction Company reserves the right to close early or extend auction at any time at its discretion. It is strongly recommended that bid to be placed early to avoid losing out to two other ill times do to last-minute bid.
All times are Eastern time.
Dynamic bidding: the dynamic bid on this web site is a featured that does not allow any item to sell at the end of the auction until there is 10 minutes of bidding inactivity. Example in item is bidding on at 7:58 PM and auction is scheduled to close at 8 PM when this bid is placed the anytime will automatically extended it to 8:08 PM when another bid is placed at 8:07 PM the auction will extend to 8:17 PM. This will give bidder 10 minutes to place another bid if no bids are placed in this auction will conclude at 8:17 PM the key to the dynamic bidding feature is that the auction extended from the present closing time in 10 minute intervals. Auction company rights to terminate purchase if for any reason auction Company is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, buyer agrees that the auction Company may terminate the purchase agreement, and which case auction Company only a liability shall be the return of any monies actually paid by buyer.
Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually paid by buyer.
Consent to suit in Michigan In the event of legal proceedings arising from this contract or from the auction in connection there with, buyer consensus to being subject to the personal jurisdiction of the court of the state of Michigan. Buyer also agrees that venue be in Ottawa County Michigan. Buyer expressly agrees to indemnify and hold the auction company harmless against all claims , losses, expenses, damages or liability,(including, but not limited to, attorneys fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the auction company, or any acting in his/her behalf in connection with or arising out of auction, except that the buyer shall not be responsible to the auction company for damages caused by or resulting from the auction companys sole negligence.
DO NOT BID UNLESS YOU AGREE TO ALL THE TERMS ABOVE. BY BIDDING YOU ARE ACKNOWLEDGING YOU ARE IN AGREEMENT WITH THE TERMS ABOVE.
We will post all amendments on this Web page. In addition, when you enter the Web site, there will be a pop-up alert notifying you of any amendments. All amendments take effect 30 days after they are posted. Because data-security technology and data-security law are rapidly evolving, we recommend that you visit this Web page frequently to check for amendments to this policy.
2. Use: If you provide us with your PII, it will primarily be used for internal business purposes. Your driver's license will be collected to ensure that you are old enough to place bids on our site. Your credit card information will be collected to guarantee that you will be able to pay for any items with respect to which you may place the winning bid. Your telephone number will be used in case we need to contact you concerning any bids that you may place. Your address or e-mail address may be used, at your request, to communicate information about upcoming auctions. Your e-mail address or cell phone number may be used, at your request, to send you automatic bidding notifications. You may opt-out of receiving any communications from us either during registration or by contacting us using the information found by clicking the "Contact Us" link on our home page. Your IP address is used internally for liability purposes to keep a record of each bid's origin. Cookie information will be used purely for your convenience to allow you to remain logged into our site.
3. Disclosure: We will not trade, sell, or rent your PII to third parties, except that we reserve the right to transfer your PII to appropriate third parties in the event that we sell all or part of our business, make a sale or transfer of all or substantially all of our assets, or in the event that we are involved in a merger. In the event that we disclose your information in the course of any such sale, transfer, or merger, your information will remain subject to the terms and conditions of this policy and any amendments thereto. Also, if we do disclose your PII in the course of a sale, transfer, or merger of one of our companies, please be advised that we will continue to store your PII until such time as you request that it be deleted. We will not otherwise make your information available to third parties, except when necessary to assist our service providers and vendors in completing authorized undertakings, and/or where necessary to provide confirmation of purchases to persons or entities who require such information to ensure successful fulfillment of any purchases made on our site. We do, however, reserve the right to disclose user PII without user permission in order to protect our legal rights, to comply with the law or legal process, to protect the integrity of our site, and/or to protect the safety and security of site users and visitors. Internally, your information will only be available to employees who have the proper security clearance.
4. Security: We use a variety of methods to protect your information, both during transmission and after receipt, from unauthorized access, use and disclosure. Any PII that you transmit to us is protected during transmission by Secure Sockets Layer (SSL) technology. SSL technology enables encryption of sensitive information during online transmissions. Any PII that you transmit to us, with the exception of credit card information, is then stored on our database servers. Our database servers are both firewall protected and password protected. In addition, while stored on our database servers, your user password will be encrypted with the 128-bit Advanced Encryption Standard (AES). Our database servers are stored with an off-site agent in secure facilities, and can only be accessed by an authorized representative of our off-site agent. Our off-site agent takes numerous physical security measures to protect our database servers from unauthorized access, including: electronic surveillance by Electronic Protection Systems, Inc.; dedicated network operations center support 24/7/365; security keys to access the server co-location area; and combination locks on doors used to access equipment in the server co-location area. Your credit card information, once collected, is sent to USA EPay (registered trademarks of GorCorp Inc.) ("USA EPay"), for additional storage security. Once your credit card information has been sent to USA EPay, we can make authorized transactions using your credit card, but even we are unable to access your credit card information. USA EPay uses various tools, including encryption technology, to protect confidential data both during the transmission of such data and while such data is being stored. USA EPay also uses software programs to identify unauthorized attempts to upload or modify information stored in its systems, or to otherwise cause damage to its systems. In the event that we elect to use a different payment processor, notice of such election and notice of the payment processor's data security practices will be posted as amendments to this policy. While we strive to provide a secure data transfer and storage environment, there are always potential security risks when doing business over the Internet. Consequently, we do not represent or guaranty that the information that you transmit to us will remain secure against all unauthorized access or use. You can assist us with our efforts by preventing unauthorized access to your user password and to your computer. You should make sure that you sign off when finished using a shared computer, and you should otherwise take precautions to protect your user password. If your user password becomes compromised for any reason, you should immediately change your password, and notify us.
5. Children's Privacy: Our Web site is designed for adult use only. We will not intentionally collect children's PII, but if you believe that we may have done so, please notify us and we will address the issue.
6. Third Parties: We do not control the privacy policies of third parties, so if you disclose your information to third parties, whether bidders, buyers or sellers, in the course of using our Web site, you may be subject to different rules with respect to the collection, use, and disclosure of your information.
7. Administrative Users and employee agreement.
Covenant Not to Compete and Not to Solicit. Grantee hereby agrees that during the term of Agreement, and for a period of two (2) years from the date of termination of Agreement for any reason Grantee shall not:
indirectly, in one or a series of transactions, own, manage, operate, control, invest or acquire an ownership interest or other interest in, nor lend, afford to furnish money or assistance, financial or otherwise, nor organize, direct, counsel or advise anyone or otherwise engage or participate in, whether as a proprietor, partner, stockholder, lender, director, officer, employee, joint ventures, investor, lesser, supplier, consultant, with any person or in any business, firm or corporation that is competitive, whether directly or indirectly, with that then being conducted by the MIOA, or in any business that in the opinion of the MIOA competes with or is in conflict with the interests of the MIOA, in any geographical area in which the MIOA shall be doing business; (it being understood that Grantee shall not be deemed to have violated this Section by reason of Grantee ownership of up to 5% of the outstanding equity of a publicly traded company);
in any way, directly or indirectly,
a. solicit, induce, encourage, or influence or attempt to solicit, induce, encourage, or influence any customers, clients or joint ventures' of MIOA;
b. solicit, induce, encourage, influence or attempt to solicit, induce, encourage, or influence, for any business endeavor, any employee, stockholder, partner, lesser, or supplier of MIOA to discontinue or reduce or modify the extent of their relationship with MIOA;
c. Otherwise divert, or attempt to divert from MIOA, any business whatsoever or interfere with any business relationship between MIOA and any other person or entity.
d. Knowingly compete with other MIOA locations for auction contracts with individuals or companies potentially listing items for sale on the auctions.
In the event that any portion of this Noncompetition Covenant is deemed not to be enforceable by a court of competent jurisdiction, because it is deemed overly broad in terms of time or the geographic area covered, this Noncompetition Covenant shall not be void, but shall be modified to extend through a reasonable time period and/or geographic area.
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.