Auction Terms & Conditions
By registering and bidding on any item, the bidder/buyer shows acceptance of the following terms and conditions. Do not register or bid unless you agree to all of the terms and conditions:
REGISTRATION: All information provided by bidder/buyer during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. The K and B Auction Company, at its sole discretion, may deny registration to any person or entity. 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.
DISCLAIMER: All lots are sold "AS-IS, WHERE-IS", with all faults, imperfections, and errors. The K and B Auction Company and the seller(s) do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. The K and B Auction Company encourages all bidders to inspect lots in person before bidding. The K and B Auction Company has put forth every effort in preparing the catalog for every auction to provide accurate descriptions of all items, however, it is the bidder's responsibility to determine the condition and suitability of each lot. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. The catalog listings are meant as a descriptive guide only. Buyers are encouraged to use the Live preview to examine the merchandise. Any bidder's failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the purchase contract, or refusal to close the sale. If you are unsure about any of the Terms and Conditions, pricing, or how to bid; IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, THE K AND B AUCTION COMPANY URGES YOU TO NOT BID.
AUCTION CONDUCT: Conduct of the auction and increments of bidding are at the direction and sole discretion of The K and B Auction Company. The K and B Auction Company reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item, combine or divide any item or lot from this auction prior to the close of bidding. Auctioneer and staff reserve the right to bid on any auction item as allowed by Georgia state law. Consignors are not allowed to bid on their items. All decisions of The K and B Auction Company are final. The highest bidder acknowledged by the auctioneer shall be the purchaser. We reserve the right to reject any bid. The auctioneer shall advance the bid at his/her sole discretion. The auctioneer in his/her sole discretion may determine to re-offer any lot in dispute. In the event of any dispute, our record of the bids shall be accepted as conclusive. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers. The absence of a condition report is not in any way an indication of any items condition. The catalog listings are meant as a descriptive guide only. Buyers are encouraged to use the Live preview to examine merchandise. Please call or email for specific lot conditions and we will advise as accurately as possible. All lots are available for Online Preview one week prior to the auction date. Any condition reports provided by The K and B Auction Company are based solely on our opinion. We do not blacklight or UV light any items. We do not guarantee the working condition of any mechanical type items, especially but not limited to clocks. We only release the name of the consignor permission in writing to do so.
CHOOSE WISELY: When you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness, or suitability for intended use, please bid accordingly. Bidding is a contractual agreement you enter into with The K and B Auction Company and our sellers to purchase any and all items where you are the high bidder at the end of the lot/item/auction hammer. The K and B Auction Company does not offer Buy Backs or returns on any items.
MAXIMUM BID: When you place your maximum bid, the current bid price doesn't automatically jump to your max bid. Your bid goes to the next highest increment and increases as other people bid against your bid. The computer will automatically bid up to your max in the increments specified. By placing any bids you have agreed by legal contract that your bid or maximum bid is what you are willing to pay for that specific lot(s) and may have to pay full bid or maximum bid amount of any bids placed. The buyer agrees and is responsible for every bid amount placed. The K and B Auction Company is a bid at your will auction, meaning you alone are responsible for your bids and actions.
BUYER'S PREMIUM: Unless a specific auction states otherwise, a 15% buyer's premium will be charged on all items and lots. Every bidder/buyer pays the same buyer's premium and should bid accordingly. For example, if you bid $100 on an item at the auction you will be charged $115 for the item on your auction invoice. Please take this into consideration when bidding.
SALES TAX: 7% GA sales tax applies. Any bidder that has a CURRENT AND VALID GEORGIA TAX EXEMPT CERTIFICATE must email us a copy for our files at least 3 (three) business days (Monday-Friday) PRIOR to bidding in an auction so that we may arrange for tax-exemption status.
AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for one lot every few seconds in catalog order with the following exception: if a bid is placed in the last five (5) minutes remaining for that auction lot, bidding for that lot will automatically extend the auction for additional five (5) minutes. Some lots may be grouped together so that a bid on one lot will extend the time on all lots in that group. An e-mail of invoice will be sent to the winning bidder/buyer of each auction after auction has completely closed. Immediately upon the fall of the hammer/close of the lot auction, title will pass to the highest bidder who thereupon assumes full risk and responsibility for the property, including the obligation to immediately pay the full price, buyer's premium, and taxes as required. All bidders will be requested to give their name, driver's license, and credit card information. We shall have the right to reject any bid from anyone who has not established credit with The K and B Auction Company prior to the auction.
PAYMENT: All buyers must pay for their purchases in full within the scheduled timeframe after auction ending. Credit cards payments are run at the close of the auction. The K and B Auction Company accepts the following forms of payment for online auctions: Major Credit Cards. Merchandise becomes the full responsibility of the bidder/buyer at time of payment and the bidder/buyer assumes all risk of loss and damage to property at that time. No lots will be released for shipping until all payments are made and cleared in full including all fees and shipping/handling.
REMOVAL: All items listed as Local Pickup Only must be removed by the end of the designated pickup time. Please note that we do not have storage space for storing items that have been purchased. Items not picked up by the end of the designated pickup dates become the property of The K and B Auction Company and are subject to be resold. If you need to store your items please contact Champion Storage at 706-746-5559. They are located behind K and B Auction and will be happy to help you.
SHIPPING: Shipping: It is very important to notify us in a timely manner if you wish to have items shipped. The buyer is responsible for all shipping arrangements and charges. All shipping for The K and B is provided by the UPS Store in Franklin NC at 828-524-9800. Feel free to contact them with lot numbers from the auction you are interested in for a shipping quote. All shipping arangements and payment must be made directly with the UPS Store. They are able to ship both UPS and USPS.
You also have the option of contacting Joel Peters at SimpliMove, a local moving company at 706-982-2962 or a shipper of your choice if you are unable to pick up your items on designated pick up dates. Buyer is responsible for contacting, arranging and paying for any shipping for local pick up items.
QUESTIONS: Bidders are encouraged to contact us prior to start of the auction with any questions about any lots. Once the auction begins, we cannot guarantee that we will be able to get back in touch with potential bidders in time for a specific lot so please ask questions BEFORE the start of the auction so you will have the answers you need in time. Bidders can contact us PRIOR TO THE AUCTION VIA TEXT or VOICE at 706-490-4775 or by email: [email protected]
for any questions about items or lots, the process of the online auction etc.
BIDDING AT AN AUCTION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
The K and B Auction Company GAL: AU-C003074
Auctioneer: Joel Peters GAL: AU-3922
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.