Auction Terms & Conditions Marshall Estate Liquidators, Inc.
Auction Terms & Conditions
NO SHIPPING FOR THIS AUCTION. WE APPRECIATE YOU BUSINESS BUT IF YOU CANNOT PICK UP YOUR ITEMS OR ARRANGE FOR A CARRIER TO PICK UP YOUR ITEMS FOR YOU PLEASE DO NOT BID. WE WILL NOT BE ABLE TO TRANSPORT PURCHASES TO UPS, FEDEX, OR USPS.
BRING ALL TOOLS AND PEOPLE TO HELP DISASSEMBLE, MOVE, AND LOAD YOUR LARGE ITEMS.
ALL bidders agree to be bound by this contract in order to bid: Please scroll and READ ALL THE TERMS below:
Please register with the Credit Card you intend to use to pay for your invoice. Credit Cards for those Bidders with winning bids will be charged at the conclusion of the auction.
Due to Logistics Issues - There will not be an Open House for this Auction. If you have any questions please contact us. We try to take enough pictures to represent the items and answer all questions. If the item has been tested this will be noted in the description. Due to time restraints we are not always able to test all items.
REMOVAL: (NO APPOINTMENT NECESSARY), (TWO DAY PICKUP ONLY - NO EXCEPTIONS) Our removal times (listed below) are for each auction. Removals are allowed to be made on the days designated below following each auction. (Company Hours of Operation: 8:00A.M.-7:00P.M. CST)
Pick Up and Removal Date: PICK UP DATES AND TIMES FOR THIS ACUTION WILL BE FIRDAY AUGUST 21, 2020 from 9 AM to 4 PM CST, AND SATURDAY AUGUST 22, 2020 FROM 9 AM TO 3 PM. ALL items MUST be picked up by 4PM CST on SATURDAY AUGUST 22, 2020. The pickup address will be noted on your invoice that you will received at the conclusion of the auction on AUGUST 20, 2020. PLEASE CHECK YOUR SPAM FOLDER IF YOU WIN AND DO NOT SEE YOUR INVOICE IN YOUR INBOX. The pickup location will be located NEAR HONEY BEE LANE, NEW CANEY TEXAS.
IF YOU PURCHASE LARGE ITEMS THAT YOU CANNOT CARRY YOURSELF BRING ADDITIONAL PERSONS TO HELP YOU MOVE AND LOAD YOUR ITEMS. THERE WILL NOT BE PERSONNEL ON HAND TO ASSIST IN MOVING AND LOADING LARGE ITEMS. YOU WILL ALSO NEED TO BRING ALL TOOLS AND EQUIPMENT THAT MAY BE NECESSARY IN DISMANTELING OR REMOVING YOUR PURCHASES SHOULD IT BE NEEDED.
IF YOU SHOW UP AND DO NOT HAVE HELP WITH YOU TO DISASSEMPBE, MOVE, AND LOAD YOUR ITEMS YOU WILL HAVE TO LEAVE AND GO GET HELP. .
Payment will be charged immediately after the auction close and "PAID IN FULL" invoices will then be sent out. Please respond acknowledging receipt of your invoice. Check your SPAM file as some of our customers have found their receipts there. In addition to letting us know you have received your receipt, also provide us with an estimated time you will be picking up your purchase/purchases. Letting us know when you are coming and your invoice number will allow us to get you purchases together for you and have them waiting for you to pick up.
Marshall Estate Liquidators, Inc. WILL NOT STORE OR SHIP your items for you.
Marshall Estate Liquidators, Inc. employees and their family can participate in this auction.
PICK UP AND REMOVAL OF ITEMS PURCHASED IS STRICTLY ENFORCED. IF YOU CANNOT PICK UP AND/OR PAY FOR THE ITEMS YOU BID ON AND WIN, ACCORDING TO THE TERMS ABOVE, PLEASE DO NOT BID! We appreciate and welcome your business but our schedule for each auction doesn't allow for flexibility in pickup schedules. The pick-up location for this auction will be in NEAR HONEY BEE LANE, NEW CANEY, TEXAS and the specific address will be noted at the TOP OF YOUR INVOICE.
Any and all items remaining after the pick-up date, either paid or unpaid, will be considered abandoned and forfeited, and the buyer is still under contract to pay. You may designate someone else to pick up your items for you; they will need to bring a paid copy of your invoice with them and sign for the item(s).
Marshall Estate Liquidators, Inc. DOES NOT AND WILL NOT SHIP for this auction. If you want your items shipped, please contact the carrier of your choice. If you will be having a carrier pick up your item(s) please provide them with a copy of your invoice and they will be required to sign for the item(s). Please notify us immediately after receiving your invoice so that we can prepare those items so as not to delay your carrier. We do not provide packaging so your carrier will need to be able to package and ship your items.
You can pay using MasterCard, Visa, American Express, or Discover. We do not accept PayPal.
Buyer's Premium: there is a 10% buyer's premium added to bid on invoice.
Sales Tax: 7.75% sales tax will be added to invoice unless you have filled out a valid resale tax form with us. If you are going to use a resale tax form, you must notify us prior the end of the auction and prior to us running the credit card - once taxes have been collected, they will not be returned.
Bidder's Contract: All bidders agree to be bound by this contract in order to bid: Read ALL terms below.
ALL items are SOLD AS IS - WHERE IS, no warranty or guarantee of any kind. All sales are FINAL!
All descriptions are believed to be accurate and pictures take precedence in determining what is included in the lot and excluded items in the picture will be noted boldly in the description of the item, however, all bidding and buying is based solely on bidder's personal inspection and/or opinion of the items. Any reserves on items will be noted in the description of the item.
It is the bidder's responsibility to:
a) Perform all inspections of the items and to be satisfied as to its description, condition and/or authenticity PRIOR TO BIDDING. Email inquiries and phone inquiries welcome and we will answer all questions to the best of our ability.
b) Independently verify any information they deem important including information available.
c) Verify all information contained in the item description and all promotional materials, including, but not limited to, photographs, dimensions, conditions, etc. These were provided by or on behalf of the seller and are believed to be correct; however, neither the seller nor the auction company makes any promise, representation, guarantee, or warranty as to the accuracy or completeness of such information.
d) Inspect all items prior to bidding. Failure to inspect the property does not relieve the bidder of responsibility for payment and removal as stated in these terms.
All bids are a binding contract. Bidder acknowledges that once a bid is offered, the bidder shall be bound by the bid amounts. Bids cannot be withdrawn or retracted. Verify your information entered (i.e.: bid amount) before submitting your bids. Bidder agrees that by placing a bid on any item they are bound by this bidder's contract and agreement for auction terms and conditions.
Buyer is responsible for providing the supplies (boxes, packing material, tools & equipment, etc.) necessary, as well as the physical labor for dismantling, rigging, crating, loading, hauling, carrying and lifting of any items that they have purchased at their own expense and risk.
Marshall Estate Liquidators, Inc. is NOT responsible for any damage during loading, packing, removal, or transport.
Marshall Estate Liquidators, Inc. DOES NOT provide load out help on pick up and removal date.
Items are subject to additions and/or deletions prior to sale time/closing at the discretion of the auctioneer.
Marshall Estate Liquidators, Inc. Auctions makes no warranty that:
a) your use of this site will be uninterrupted, timely, secure, or error-free,
b) the results that may be obtained from the use of the site will be accurate or reliable,
c) the quality of any information or other material obtained by you through the site will meet your expectations,
d) the use or the inability to use the site, unauthorized access to, or alteration of, your transmissions or data; statements or conduct of any third party on this site; or any other matter relating to this site.
In case of any errors or malfunctions of hardware or software, Marshall Estate Liquidators, Inc. reserves the right to cancel any transaction, even if you have received confirmation of the transaction by email.
We cannot and will not guarantee uninterrupted access to this site or its services.
DYNAMIC CLOSING/TIMES LEFT:
If a bid is entered within the last two minutes of the closing of an item, the closing time will be extended by two minutes to ensure sufficient time for bidders to submit their bids. Dynamic Closing will continue until no bids are placed within two minutes.
If you have any questions, please email - email@example.com - prior to placing a bid.
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 cannot 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 constitutes 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.