Auction Terms & Conditions
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY.
All Property Is Sold As-Is Where-Is, With No Warranty (except as to the warranty of title), Expressed, Written or Implied and All Sales Are Final: SE Ohio Auctions has put forth every effort in preparing the catalog for this auction in regard to disclosing facts and any known defects associated with Property being sold, prior to the close of the auction.
SE Ohio Auctions is not responsible for any errors or omissions in the description of the Property being sold. In no event shall SE Ohio Auctions be held responsible for having made or implied any warranty of merchant-ability or fitness for a particular purpose. It is the responsibility of the Bidder/Buyer to thoroughly inspect the item(s) and to judge solely on the information provided, including but not limited to kind, condition, age, year, model, serial number, etc.
Any bidder who bids off-site/online understands and acknowledges that they may not be able to inspect an item as well as if they examined in person. All prospective bidders when registering for the auction warrant and represent that they have either inspected the lots or have had the opportunity to inspect the lots and will accept each and every lot in its current condition and location. All implied warranties of Merchantability and Fitness For Purpose Are Specifically Disclaimed by us and the consignor, (if the items are being sold on consignment) specifically, neither we nor the consignor make any representation or warranty of any kind, express, or implied with respect to any of the following characteristics of the property: age, authenticity, genuineness, attribution, provenance, origin, physical condition, importance, size, quality, rarity, value exhibitions, historical references or significance, medium, material, period, culture, source origin. All information in the catalog, sale bill, Auction listing, advertising, web site or elsewhere, concerning the characteristics mentioned in the above, is offered to bidders as a statement of opinion only. It is not intended to contain statements of fact for which we or the consignor may be held liable.
This disclaimer of liability on our part applies whether the information is included in any catalog, sale bill, web site, or any advertisements, announcements or communicated through our representatives, bills of sale or elsewhere, and whether written or oral. Neither we, nor the consignor, shall be responsible for the correctness or accuracy of descriptions or other information in this catalog or elsewhere. The bidder assumes the full responsibility to inspect and evaluate the property to its, his or her complete satisfaction prior to any bid or purchase. The bidder must make an independent judgment about the Property, its value descriptions or other information about the Property. We may, without in any way diminishing our disclaimers of liability contained in the above and elsewhere, mention in the description of the item or lot, significant damage, although this does not include all faults, imperfections and restorations. All measurements and weights stated in any of the means of communication are approximate, unless accompanied by a G.I.A. or comparable certificate certifying measurements and weight.
For safety of operation of electrical items including but not limited to (lamps, lights, chandeliers, and sconces, fans, or other electrical devices); Auctioneer recommends that all electrical items we sell be checked and installed by a licensed electrician. Many of the electrical items we sell are vintage or antique and as such may not meet current safety standards, specifically many of the table lamps may have non-polarized plugs, the hanging lamps may lack grounding conductors, and the fans finger guards are not to modern standards. Buyers assume responsibility to check with the Authority Having Jurisdiction regarding the local codes about these electrical devices and assume any and all liability for their installation and/or operation.
Vintage toys are sold with a PRIMARY USE as collector's items for display purposes and as such are not recommended as play items. Many vintage toys do not meet today's safety standards, some are either coated with lead paint, contain lead or are made entirely of lead (example - toy soldiers), others may contain phthalates (chemicals put in plastic to make them more pliable), or be a choke hazard. Bidder agrees that to comply with the Consumer Product Safety Improvement Act they are buying these items as collectibles for display purposes only and have no intention of either using them, or selling them as play toys, to be used for play by children in any way. Bidder further agrees to assume all liability and responsibility for disregarding this warning and letting children play with any vintage toy purchased from auctioneer, and to hold harmless the Seller the Auctioneer, his employees, agents or assigns, in the event of injury, harm or death to anyone as a result of any vintage toy purchased from seller. Bidders must all be over 18 years of age, no child will be allowed to bid or buy any collectible or vintage toy of any kind.
Payment Instructions: Accepted forms of payment are MasterCard, VISA, or Wire Transfer with prearrangements made with SE Ohio Auctions. Your credit card on file with "Hi Bid" will be charged immediately following the auction unless other arrangements have been made while registering for the auction. Please read the Auction Details for additional terms.
BUYERS PREMIUM & SALES TAX: If You are the successful Bidder, you agree to pay the amount of Your bid plus an 15% (fifteen percent) buyer's premium and any applicable Ohio State and local sales taxes. If you are an Ohio resident and also tax exempt, you must submit your Vendors License BEFORE the auction begins.
TAX EXEMPT: If You are a tax-exempt Bidder, it is Your obligation to go to Your Bidder Profile and fill in Your tax-exempt number. You will be contacted by SE Ohio Auctions with further instructions to complete the tax-exempt process.
PAYMENT INSTRUCTIONS: Payment must be made in full by the end of the stated auction pick-up time. You may pay for Your invoices in three ways: (1) via the Online Checkout - Your credit card on file with "Highbid" will be charged immediately following the auction., (2) in person at the auction pick-up, or (3) via telephone with the auction manager. Currency Type: USD
FAILURE TO REMIT PAYMENT: Any items not paid for in accordance with the SE Ohio Auctions Terms and Conditions will be forfeited by You and shall be deemed a breach of this Agreement. SE Ohio Auctions may, in its sole and absolute discretion, resell the items. Any default in payment will be subject to interest and collection fees. SE Ohio Auctions and/or its affiliates reserve the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your bidding privileges may be in jeopardy if You fail to remit payment for an invoice issued. You are also advised that SE Ohio Auctions may aggressively enforce its rights to the fullest extent of the law, including civil and/or criminal prosecution.
Arrangements in regard to payment and removal must be detailed to SE Ohio Auctions after receipt of the invoice. Please be aware of the removal dates listed on the auction catalog as well as the auction details page. At removal purchaser must provide invoice and identification. It is the buyers' responsibility to check the condition of the entire lot/ item in the presence of a SE Ohio Auctions employee before removing from the premises. We will not be held responsible for any issues discovered after the items(s) leave the auction location. Bidder agrees that everything is sold as is and that no return or refund will be granted on any item they purchase. SE Ohio Auctions will not be held accountable for buyer's additional expenses such as loading cost, commission, transportation, mechanical repair fees.
Our staff is limited. Therefore, when you purchase large items, please bring enough help. SE Ohio Auctions assumes no responsibility on loading of buyer's items and buyer holds SE Ohio Auctions harmless in all loading assistance.
ITEMS NOT PICKED UP: Any item not picked up on the day(s) established for removal, your credit card will automatically be charged for the invoice amount plus any applicable storage /handling fees. If your credit card will not process and you refuse to honor your bid, you will be blocked from the system. If you are unable to make the removal dates, please inform us at (740/819-8441) and we will work with you if possible. If items are not picked up within 7 days of the last removal day, all items left become the sole property of SE Ohio Auctions & no refund is given if a refund is even applicable. No leniency in regard to this policy! If buyer does not pick up items or make payments up to date on merchandise, the buyer is blocked by SE Ohio Auctions.
BIDDING TERMS AND BID ACCEPTANCE:
All bids are subject to acceptance by the SE Ohio Auctions. Registration: In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. Credit card and Driver's License Information is required at registration also. This is to insure good communication between SE Ohio Auctions and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, SE Ohio Auctions. will reject the registration, and bidding activity will be terminated.
Our on-line auctions move quickly! If you are interested in bidding, bid quickly, especially at the close of the bidding time. The bidding software will notify bidders by email at registration when they have been outbid. Bidders may also check if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections/ speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications and text messages can be delayed. If you win you will be notified by email. It is recommended that you watch the auction at the extended bidding time session to make sure you are the high bidder.
PLACING A BID:
By placing a bid, you agree to all of the terms and conditions which is set forth by SE Ohio Auctions and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the item/ property being auctioned. Times shall be of the essence. SE Ohio Auctions reserves the right to update, withdraw or re-catalog items in this auction. SE Ohio Auctions' employees may bid on auction items for personal consumption. SE Ohio Auctions' employees and/or Auction Company may bid on auction for absentee bidders or at the direction of interested bidders who refuse to create an online account but desire to bid at the auction.
When placing a bid, bidding must increase by the following specified increments:
CURRENT BID INCREMENT
$1- $9 $1
>$10 - $99 $5
>$100 - $999 $10
>$1000 - $99,999 $50
>$100,000 + $100
MAX BIDS: Internet bidders who desire to make certain their bids are acknowledged should use the internet bidding feature and leave their maximum bid. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. Max bids are taken in the order of date and time when placed.
BIDDING RECORDS: Should a bid be placed within the last five minutes of a lot's ending time, the ending time will automatically be extended to five minutes from the time that bid is placed. The timer will continue to extend in the same manner until the bidding activity has stopped. An item closes when the timer on the lot hits zero. The winning bidder of an item is the last Bidder the bid history recorded before the timer hits zero.
BID NOTIFICATIONS: Outbid Alerts can be enabled or disabled in Your Bidder Profile. Outbid notifications can be received via email, text message or both methods. The notifications are sent until the lot is closed.
Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction have closed. It will detail the date, time, location, and Bidder notes for the auction pick-up of Your winning items. If You feel You have won an item(s) and You have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification resent, please contact SE Ohio Auctions. Please be aware that once the auction pick-up time has ended, we will no longer be able to send purchase notifications.
BIDDING ERRORS: With each bid placed, you are asked to confirm the bid amount entered. Should a mistake be made before the time the auction's bidding is scheduled to end; You may request to have Your error corrected. SE Ohio Auctions will have sole discretion over how or if this error will be corrected. Please submit Your request immediately by calling Jeff Koehler 740/819-8441 However, if the mistake is made while the auction is closing, the bid will stand as entered.
TIMELINESS OF BIDDING ERROR REPORTS - BIDS CANNOT BE REVERSED AFTER THE AUCTION HAS CLOSED - NO EXCEPTIONS WILL BE PERMITTED.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. SE Ohio Auctions is providing online bidding as a service to Bidder through a third-party provider. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against SE Ohio Auctions or provider if the internet service fails to work correctly. SE Ohio Auctions. Will not be responsible for any missed bids from any source. In the event, there are technical difficulties related to the server, software or any other online auction-related technologies, SE Ohio Auctions, reserve the right to extend bidding, continue the bidding, or close the bidding or increase of decrease the extended time amount at the end of the auction.
Buyer and or bidder agrees that SE Ohio Auctions is a representative of the Seller and agrees to hold harmless and indemnify SE Ohio Auctions and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.
These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio. Auctions with ONLINE ONLY bidding are not subject to the Auction statute (4707) and are not under the supervision of the Department of Agriculture. Any suit relating to these Terms & Conditions shall be brought to the Court of Common Pleas in the county in which the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the arbitrator, may be entered in any court having jurisdiction therefor. In any litigation, arbitration, or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys' fees incurred in any dispute through arbitration and appeal of and final judgement in addition to any relief to which such party may be entitled.
By Bidding on Any Item, The Bidder Shows Acceptance of The Terms of The Auction.
Jeff Koehler CAI AARE
SE Ohio Auctions
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.