Auction Terms & Conditions
ONLINE AUCTION TERMS AND CONDITION
Pickup Location: 42660 Osgood Rd., Fremont, CA 94539
Bidder/Buyer and Auctioneer agree that the terms listed below shall govern the United Meat Company, Inc. online auction sale. This auction will be conducted within the framework of the rules listed below plus other provision that may be added by the Auctioneer via email or as posted on www.btesto.com.
All registration information the Bidder provides to Auctioneer shall be current, complete and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT WITHOUT LIMITATION OR QUALIFICATIONS, ALL OF THE TERMS AND CONDITIONS AS FURTHER OUTLINED BELOW:
INSPECTION & REGISTRATION
1. INSPECTION: Bidders will have an opportunity to make inspections of the items for sale, Tuesday April 17, between the hours of 9am to 4pm or by appointment.
2. ABSOLUTELY NO BAGS, PARCELS, PURSES, BRIEFCASES OR PACKAGES OF ANY KIND WILL BE ALLOWED INTO THE FACILTY. NO EXCEPTIONS. Potential bidders will not be granted access to inspection area with any type of bag or purse.
3. Auction Fee: 15% Buyer's premium, added above bid amount.
4. Bidding minimum increments are as follows:
$ 0 - $300 ($10.00 Increments)
$301 - $1,000 ($25.00 Increments)
$1,001 - $5,000($50.00 Increments)
$5,001 - $10,000($100.00 Increments)
$10,001 and up $250.00
5. By placing a bid on an item sold at our online auction, the Bidder agrees to pay the bid amount, plus 15% buyer's premium and 8.75% sales tax. CURRENT RESALE CERTIFICATE MUST BE PRESENTED IF SALES TAX WILL NOT BE PAID.
6. Everything is sold "AS-IS" and "WHERE-IS" except as expressly made in writing. All sales are final. No warranties are made as to the merchantability of any items or their fitness for any purpose.
7. Bidder may not retract bids, once accepted.
8. All Sales are final.
9. Absolutely No Refunds, Returns or Exchanges.
10. Invoices: Will be emailed to successful Bidders within 6 hours of close of auction.
11. Full payment is due no later than 12:00 pm Friday, April 20, 2012. .Bidders who fail to make payment on time will be held liable for any and all damages.
12. Acceptable Payment Methods include:
2. Wire Transfer (available upon request)
3. Cashiers Check (Made payable to Brian Testo Associates, LLC)
NOTE: Any Buyer presenting a cashier check must also provide business card of bank contact for verification purposes.
13. NO credit cards or checks will be accepted.
14. Sales Tax Rate: 8.75%.All sales are subject to appropriate state sales tax. Buyer may be exempt if Buyer holds a valid resale certificate.
NOTE: It is the Bidder/reseller's responsibility to provide a completed resale certificate form (available upon request) at registration.
15. The condition of the merchandise being offered varies. The Buyer understands and agrees: (1) that any description or sample of the merchandise given or furnished by the Auctioneer is derived from records, documents or other information that may be unverified as to accuracy, and is solely for identification, and does not create any warranty, expressed or implied, that the merchandise actually conforms to such description or sample; (2) that all merchandise is purchased and accepted by Buyer "AS IS" "WHERE IS" and "WITH ALL FAULTS."AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PASSWORDS, PERFORMANCE, OR OTHER SPECIFICATIONS. MANUFACTURERS WARRANTIES MAY BE IN EFFECT.
16. Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sales, notwithstanding the disclaimers set forth above, Auctioneer makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise. In such circumstances the Auctioneer recommends that Buyer contact the software manufacturer directly to resolve any such issues.
17. Assets are intended to be sold without software, if applicable. In the event that a Seller's software is included in an asset sales, notwithstanding the disclaimers set forth above, Auctioneer makes no representation or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise. In such circumstances the auctioneer recommends that Buyer contact the software manufacturer directly to resolve any such issues.
18. Check out hours: 9am to 4 pm Friday, April 20, Saturday April 21 and Monday April 23, 2012.
19. Buyers must sign in upon arrival to check out desk and remain in lobby area until an escort is available. Expect delays and plan your time accordingly. At no time, will anyone be allowed into the secured areas, without escort.
20. All sales are final, once the item has left the building.
21. It is the Buyer's sole responsibility to for the removal and shipping of all purchases. Buyer must pack, load and remove purchased items. Boxes will not be provided.
22. The Buyer must supply all of their own handling equipment and personnel.
23. The Buyer and all persons in attendance during inspection and checkout/removal period shall assume all responsibility for the removal of any item purchased at the sale.
24. The Buyer assumes any and all risks of damage or loss to persons, property or merchandise associated with removal including, without limitations, full financial responsibility for any damage or liability to persons or property resulting from any negligent act of omission of Buyer or any Buyer's employees, agents and/or representatives during inspection, pick-up and removal..
25. The Buyer and any Buyer's employees, agents and/or representatives in attendance during inspection and or checkout/removal shall exercise proper precautions at all times for the protection of persons and property and shall comply with all safety and health in requirements as provided by local, state and federal regulations and as directed by Auctioneer.
26. Buyer must repair; at his/her own cost any damage that occurs due to the fault of Buyer or any of the Buyer's employees, agents and/or representatives during inspection, checkout and removal.
27. It is the Buyer's responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing items purchased.
28. Bidder/Buyer does hereby indemnify and hold harmless the auctioneer and seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the inspection, checkout, or by the removal or shipping of items purchased.
29. Buyer agrees to indemnify, defend and hold harmless Auctioneer and its agents and representatives, from any and all demands, claims, losses, damages and liabilities asserted against, resulting to or imposed upon Auctioneer resulting from the negligence of buyer or his/her employees, agents and representatives, while in, at or about the auction premises during the inspection, sale or removal of merchandise.
30. In no event will Auctioneer's liability to Buyer exceed the purchase price actually paid. A Buyer's claim shall be limited to the amount paid for the merchandise, and shall not extend to any obligation; risk; liability; right; claim; remedy for loss of use, revenue or profit; liability of Buyer to any third party; personal injury; or any other direct; indirect, incidental or consequential damages.
31. In the event the purchaser fails to pay for the entire purchase within the time set forth by the auctioneer, and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover any monies paid as part of its damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be due to the auctioneer by the defaulting purchaser together with all charges, fees, and expenses including reasonable attorney fees incurred by such resale and enforcement of the obligation hereunder.
32. No item can, on any account, be removed or shipped prior to full payment.
33. Removal shall be at the expense, risk, and liability of the buyer.
34. Auctioneers shall not be responsible for items not removed within the time allowed when applicable.
35. If items are not removed within the specified removal time, the purchaser shall be liable for any moving and/or storage costs incurred and, if not so removed, the items shall be deemed abandoned and sold.
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.