Auction Terms & Conditions
422 Caldwell Blvd. Nampa, ID 83686
First Item Ends: Thursday, June 6th, 2013 - 8:00pm
Preview: Thursday, June 6th, 2013 - 12:00pm to 7:00pm
Pickup: Friday, June 7th, 2013 - 2:00pm to 7:00pm ***By Bidding I Understand That I Must Pickup My Merchandise On Pickup: Friday, May 3rd, 2013 - 2:00pm to 7:00pm - If I cannot work within these times I will NOT BID.
13% Buyers Premium - 3% Discount for Payment by cash
PLEASE READ ALL INFORMATION BELOW BEFORE REGISTERING
By Registering Online as a Bidder You Agree to Abide By the Following:
1) Provide a picture ID at merchandise pick-up.
2) EVERYTHING MUST BE PAID IN FULL DAY OF AUCTION regardless of when it is picked-up.
3) Everything is sold as-is, where-is, with no guarantee of any kind, regardless of statement of condition made on the auction block. Buyers shall rely entirely on their own inspection and information.
Do I need to bring identification to the preview?
Yes, quite often items are located in secure buildings. We sometimes require that you sign-in with a picture ID.
How do I bid?
To bid, you must first register to bid. Once registered you may go to any Online-Only auction catalog, pick the item you are interested in, then click the bid button. Type in the amount of your bid in the bid box and click the "place bid" button.
Am I bidding on the photo or the description of the item?
Only bid on the item description. Use the photos as a guide only. For demo purposes, equipment may be joined and photographed together. Do not assume a lot consists of more than one item because they are pictured together. You are bidding on the item as described in the catalog. For example, a cabinet does not include the merchandise inside unless specified. Take advantage of the preview and read the descriptions.
Can I submit a bid offline?
If you have no Internet access please call (208) 724-4978 to make bidding arrangements. In some cases there may be an additional charge for this service.
Is there a minimum bid price on merchandise?
Most items have no reserve. Due to financing requirements we must sometimes allow Sellers to place a minimum, confirmation, starting or proxy bid on an item. Usually 208Auctions.com.com Online-Only auction items start at $5.00 and sell regardless of price.
What if the lot has a quantity of more than one?
Check the item description. If it says "sold times the money" then it is being sold "bid price times the quantity". Check your final bid price before submitting your bid. For example, if a lot contains 5 boxes you must bid on all 5. If you bid $5 your bid will be multiplied by 5 to total $25.
Does bidding end on all items at the same time?
No, items close approximately 1 every 20 seconds for staggered closings. Always read the specific terms of each auction. Items close dynamically and the closing time is automatically extended if a bid is placed within 5 minutes of an items scheduled closing. Bidding on an item will remain open as long as bids continue to be placed within a 5 minute increment.
Am I notified if I am outbid?
This is an option you choose during registration. Please be sure to check your bids often or place a "Max-Bid" so our system will bid on your behalf. Do not rely solely on being notified via email that you have been out-bid. During high traffic periods emails may be delayed.
How do I know if an item has ended?
You can quickly review the items that are still open by logging into the Online-Only auction. Please note: Our system is designed to offer the Seller a high degree of flexibility in matching the liquidation schedule to their specific requirements. 208Auctions.com reserves the right to change, shorten, suspend or extend the event closing dates/times, inspections or removal dates/times.
How do I know if I won?
When an208Auctions.com Online-Only auction has ended you will receive an email, and if appropriate for that auction, In most cases you will bring the payment of your choice to the auction pick-up site.
How can I view all bids I've submitted at one time?
Go to the online catalog and select My Bids.
Should I bid while the auction is closing?
Many of our bidders begin bidding actively as items are closing. 208Auctions.com Online-Only auctions can be more exciting than other online auctions, because bidding time extends if an item is bid on within 4 minutes of closing. However, to assure you do not get caught up in the frenzy of last minute bidding, we strongly recommend that you consider using the Max-Bid feature. Just enter your maximum price. Max-Bid will bid on your behalf - using only what it needs to keep you the 'winner'.
Can I increase my own bid?
Yes, you may increase your own bid to outbid other bidders. The system will only bid on your behalf once another bidder bids.
How do I pay for my items?
Please see the terms and conditions of each 208Auctions.com Online-Only auction. In most cases you will bring payment to the auction site at pick-up.
Is there a buyer's premium?
Yes, there is a 13% Buyers Premium - 3% Discount for Payment by cash, check, debit -. The buyer's premium is a fee paid by the bidder to 208Auctions.com. If you bid $100.00 at check out you will be charged $113.00 - $110 if you pay by cash - check or debit. (Unless otherwise noted in the specific auction terms).
Do I have to pay sales tax?
Yes, sales tax will be collected for the state that the items are located. All Bidders are charged sales tax unless the proper tax exempt forms have been submitted before the close of the auction.
Does 208Auctions.com ship items?
Each auction is differetn - Please call and ask before bidding if shipping is available for this particular auction.
When can I remove my items?
Please see the terms and conditions of each 208Auctions.com Online-Only auction. In most cases our clients require very specific, narrow timeframes for removal. With rare exception, the removal dates and times are fixed; we cannot provide either early or late pickup.
How do I know where to pick up my items?
Please see the terms and conditions of each 208Auctions.com Online-Only auction. If items are in an alternate pick up location it will be detailed in the item description. Always refer to your emailed receipt for complete removal details.
Will there be someone onsite to assist me in moving my items?
No, Bidders must bring personnel and moving equipment such as dollies, hand carts, pads and tools necessary to disassemble and safely move items from the facility. Bidders who are unfamiliar with the requirements of moving or disassembling items should arrange for professional assistance.
Can I send a mover to pickup my items?
Yes, we require that your mover have a copy of your sales receipt. We recommend that you meet your mover at the pickup location to point out your items and to assure your mover picks up all of your items. Bidders are responsible for any damage done by their professional movers.
What happens if I damage property during removal?
It is the Bidder's responsibility to remove merchandise without damage to property. Any damage must be corrected to the satisfaction of the property owner by the Bidder. Bidders are responsible for any damage done by their professional movers.
What happens if I decide not pick my items up?
If you choose to default on your bids 208Auctions.com will charge your credite card for the merchandise PLUS A %5 NO-PICK-UP / DISPOSAL FEE (minimum $5). After the scheduled removal date, items left onsite will be considered abandoned. Our clients are very concerned that the space be left empty and you will be charged a removal fee for items left onsite. NO refunds or chargeback's will be granted due to a lack of removal at the designated times. NO ITEMS WILL BE STORED FOR LATER PICK-UP. ***If you default on your bid you will LOSE BIDDING PRIVELIGES with 208Auctions.com.
Is there a warranty for any items purchased?
All merchandise is sold "as-is, where-is". There are no warranties expressed or implied and no guarantees. All sales are final. Please preview items when available and bid accordingly.
What happens when an item I was bidding on is no longer available on the catalog?
Occasionally, it may be necessary to change the catalog/items offered after being posted for Online-Only bidding. 208Auctions.com reserves the right to add, remove items, split or combine lots in the auction. In these rare cases your bids would be cancelled and we would attempt to notify you to take action that is appropriate for your situation.
What if the photo and description do not match?
If the description does not match the photo, there is an error. You are bidding on the described item not the picture. Please notify us at (208) 724-4978 if you believe an item's photo is incorrect.
What happens if I make a mistake while bidding?
Mistakes happen. After you submit your bids, you are asked to confirm your bid. Please check your bid for accuracy before proceeding. If you make a mistake you must immediately notify us at (208) 467-1588. You must submit mistakes for correction prior to the item closing. We will not reverse bids after the item has closed, there can be no exceptions.
What happens if I bid against my self?
Many bidders increase their own bid to price an item out of reach of other bidders. Please review your bids once submitted. If you did not intend to increase your own bid, you must call us immediately at (208) 724-4978. We will not reverse bids unless you contact us immediately. We will not reverse bids after the item has closed, there can be no exceptions.
What If I change my mind, can I delete my bid?
NO, Remember - Bidding on an item is a contract. Once you place a bid you have told 208Auctions.com, "YES PLACE MY BID", additionally, you have taken the high bid away from someone else. You cannot back out of bid you placed AS IT EFFECTS EVERY OTHER BIDDER ON AN ITEM.
What if my credit card is declined?
Bidders who have two failed attempts to process their charges will have their bidding account suspended. If your account is in default the administrator will have the option of reselling, removing, storing or abandoning, at the expense and risk of the bidder, items not paid for and/or removed within the specific time.
The Bidder agrees to pay all deficiencies, legal, collection, transportation and storage expenses associated
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.