Auction Terms & Conditions
The following information applies to all Ritchason Auctions and is subject to any additional terms and conditions applicable to each specific auction:
DOMESTIC: $1000 deposit or a Bank Letter of Guarantee is required to register for first time RA buyers without prior approval. This Deposit will be refunded if no purchases are made.
INTERNATIONAL: A $25,000 Deposit is required to register unless prior arrangements have been made with Ritchason Auctioneers. This Deposit will be refunded if no purchases are made.
Payment will be accepted by cash, check, cashiers check, VISA, MC, Discover (3% Admin Fee), or wire transfer. A Bank Letter of Guarantee drawn on a U.S. Bank addressed to Ritchason Auctioneers, inc. must accompany all checks. (REFER TO PAYMENT TERMS BELOW)
Bound by Terms & Conditions: By registering to participate in this Ritchason Auctioneers, Inc. (Auctioneer) sale and by obtaining a bid number, the individual whose signature appears on the Registration Agreement (Bidder), has agreed to be bound by all written Terms and Conditions contained herein as well as by any announcements made at the sale. Bidder, whether acting as principal, agent, officer or director of a company or otherwise and the company he represents are bound by these terms and conditions.
Auction Catalog: The listing of all items herein is a guide only and is based on information given to Auctioneer, but its accuracy is not guaranteed or warranted. Auctioneer is not responsible for any errors in description or condition. Some years listed may reflect year of purchases and not manufacture. Bidder must inspect all items to his satisfaction prior to bidding. Bidder agrees to rely exclusively on his pre-auction personal inspection of all items.
· EVERY ITEM SOLD " AS IS, WHERE IS" AND WITH ALL FAULT
· NO GUARANTEES OR EXPRESS WARRANTIES
· NO IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE
FOR ANY ITEM
· NO PURCHASE WILL BE VOIDED DUE TO CATALOG ERROR
· MILEAGES / HOURS STATED ARE SIMPLY WHAT IS SHOWING ON METER
· ALL SALES ARE FINAL
NO WARRANTIES: Bidder has had the opportunity to inspect all items and agrees he has satisfied himself and is not relying on Auctioneer for guarantees or warranties, expressed or implied or otherwise.
Bidding: In case of a tie bid, Auctioneer reserves the right to reopen the bid between those two bidders. Auctioneer reserves the right to revoke any bid card at any time. Anyone bidding for an account other than his or her own must obtain a separate bid number for that account. The bidder offering the highest bid accepted by the Auctioneer shall be the "Purchaser" of the lot being sold and may not retract his bid. Purchaser will not be entitled to any adjustment, allowance, rescission, or damages or any other remedy regarding the condition of any item purchased.
Payment Terms: Satisfactory settlement in U.S. Funds is to be made during or at the conclusion of the auction. Purchaser may pay 25% of total invoice with a minimum of $10,000 on day of sale. Balance of invoice is due within (3) Three business days from date of auction.
• Payment for domestic buyers will be accepted by cash, check (accompanied by Bank Letter of Guarantee), cashiers check, VISA, MC, Discover (3% Admin Fee), or wire transfer
• Payment for international buyers: wire transfer only.
Purchased items will not be released until the total purchase price has been fully paid. A Buyers' Fee (based on dollar amount of item) will be added to all invoiced purchases. Purchaser must pay all state and local sales tax on an item when applicable. Refer to "Failure to Settle" section.
Risk of Loss: All risk transfers to the purchaser at the fall of gavel. Purchaser agrees to obtain full liability insurance coverage for the item as may be required by law.
TENNESSEE SALES TAX: Taxable items under $1600 will be taxed at 9.25% Sales Tax.
From $1601 - $3200 will be taxed at 9.75% per item. Purchase amount in excess of $3200 per item will be taxed at 7%. All dealers must execute certificate of resale on day of sale to claim exemption of sales tax.
Under item description the "*C----" indicates items not subject to sales tax at RA auction. Purchaser is still liable for sales tax on motor vehicles & trailers upon execution of title and registration.
Failure to Settle: Any purchases not paid in full by 6th calendar day from day of sale, will be considered in default and will incur additional fees of 24% per annum of total purchases with a minimum of $100 per day. In the event Purchaser fails to settle or fails to comply with any Terms, Auctioneer shall take possession of all Purchases and, at Auctioneer's sole discretion, have the right to resell such Purchases without notice to Purchaser. Should resale take place, original Purchaser will be responsible for any deficiency arising from the resale, a 10% commission to Auctioneer, any Failure to Settle and/or Storage fees and any legal costs incurred. To the extent permitted by law, you will also be required to pay our collection expenses, including costs associated with the use of a collection agency, court costs and reasonable attorney's fees.
Titles: A $50.00 administrative fee will be added to the purchase price of all titled items. Titles will be mailed via Registered U.S. Mail in ten (10) banking days from date of satisfactory settlement.
Removal and Storage: All purchased items must be removed from Auction Site within fourteen (14) days of sale. All items remaining after that date will incur a $25 per day storage fee per item. Storage fees will continue per day up to 30 days after original purchase date. Items remaining on Auction Yard past 30 days will be considered abandoned and Auctioneer may resell any and all items per terms under "Failure to Settle" above. Storage fees will continue per item until that item is resold.
Warning: Anyone caught damaging an item will be held responsible for the difference of auction price and Auctioneer appraisal, as well as any legal action taken by owner.
Trading: Trading lots on yard between Purchaser and another Bidder does not allow for the item to bring best possible price for the Consignor. Therefore, anyone trading on Auction Yard will be charged a commission of 10% or $250 whichever is greater. Trading must be done in office in order to invoice proper Purchaser.
Auction Site: ALL INDIVIDUALS AT THE AUCTION SITE ARE PRESENT AT HIS OR HER OWN RISK. Bidder agrees the auction site is potentially dangerous because of heavy equipment operation, electric circuits and presence of flammable, corrosive or pressurized liquids or other materials. Bidder shall warn its agents, employees, or any other persons accompanying Bidder of these possible dangers. Regardless of cause, Auctioneer or its agents will not be responsible for any injury or death to anyone at the auction site.
Age Requirement : All bidders must be 18 years of age or older.
Bidder Information and Security: All registration information the bidder provides to auction company shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify auction company if they feel that their bidder number and password have been compromised.
INTERRUPTION OF SERVICE: Auction company cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the auction site. Bidder acknowledges that the online bidding portion of this auction is conducted electronically and relies on computer hardware and software that may malfunction without warning. Auction company, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of auction company is final.
Removal Hours Monday thru Friday 8:00am - 4:30pm (cst)
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.