Auction Terms & Conditions
AUSTIN AUCTION GALLERY
TERMS & CONDITIONS OF AUCTION
1. The offering and sale of property by Austin Auction Gallery, Ltd. is subject to the following conditions of sale that may be modified or supplemented by oral announcements prior to or during the sale. By bidding at this auction each purchaser and bidder agrees to be bound by these terms and conditions of sale.
2. All property is sold AS IS, WHERE IS, by lot and all bids are per lot as numbered in the catalog. ALL SALES ARE FINAL. All consignors have made written representation that they have good title to the property. Austin Auction Gallery, Ltd makes no independent warranty of title. All property is sold AS IS, and all warranties, express or implied, including without limitation, the implied warranties of MERCHANTABILITY and fitness of purpose are specifically disclaimed by Austin Auction Gallery and their consignors. CATALOG DESCRIPTIONS ARE STATEMENTS OF OPINION ONLY. Austin Auction Gallery, Ltd disclaims all warranties arising from a course of dealing and usage in the trade and descriptions published in the catalog as to condition and measurements. BUYER AGREES TO HOLD HARMLESS AUSTIN AUCTION GALLERY, ITS' AUCTIONEERS AND EMPLOYEES FROM ANY LIABILITY RESULTING FROM THE PURCHASE OF INHERENTLY DANGEROUS PRODUCTS. No warranty, express or implied is made as to the transference of intellectual property rights. Buyer assumes risk of loss upon being declared the high bidder. PHYSICAL DIMENSIONS AND WEIGHTS LISTED IN THE CATALOG ARE APPROXIMATE AND PROVIDED ONLY FOR THE PURPOSE OF ESTIMATING SHIPPING COSTS.
3. Bidders at the auction may bid in person, or, if they are pre-registered and approved by Austin Auction Gallery, Ltd., they may bid by written absentee bid, by telephone, or by using the Internet. Internet bidders should register at least two hours prior to the start of the auction. It is agreed Austin Auction Gallery, Ltd. will not be responsible for failure to execute absentee bids or electronic failures. The auctioneer reserves the right to reject a bid from any bidder. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. Photos and descriptions have been posted on the Internet and we encourage telephone calls, e-mail or facsimile contact to ask questions. Internet bidders are encouraged to review each lot and be prepared to bid quickly. The auctioneer will, without liability, determine the bidding increments and maintains sole authority to resolve disputes. Lots may be auctioned with reserve, and auctioneer may advance the bidding on behalf of the seller's reserve without further notice. Neither Consignors nor their agents, except as in the preceding sentence, are allowed to bid on their own items. High and low estimates found in the catalog are listed only for guide purposes.
4. Bid Increments:
MINIMUM MAXIMUM INCREMENT MINIMUM MAXIMUM INCREMENT
$1 $99 $10 $5000 $9999 $500
$100 $499 $25 $10000 $49999 $1000
$500 $999 $50 $50000 $99999 $2500
$1000 $1999 $100 $100000 $249999 $5000
$2000 $4999 $250 $250000 + $10000
5. PAYMENT BY BIDDERS
All bidding and purchases at the auction will be in U.S. Dollars. A buyer's premium will be added to the successful non-Internet bids of 18%; for Internet bids a buyer's premium will be added to the successful bid of 21%; these amounts will be added to the amount of the successful bid price for lots at the auction. In addition, buyers will be responsible to pay applicable State of Texas sales taxes. All Internet purchases must be paid in full within (5) days of completion of the auction. All other successful bidders must pay for purchases (in full) within one hour of the conclusion of the auction. Payment may be made in cash (U.S. Dollars), approved credit cards which are limited to Visa, MasterCard, Discover and American Express. AUSTIN AUCTION GALLERY DOES NOT ACCEPT PAYMENT THROUGH PAY-PAL. Checks are accepted only from Texas residents presenting a valid Texas Driver's License issued by the Texas Department of Public Safety. Invoiced purchases in excess of $10,000 must be paid by bank wire transfer. Wire transfer instructions will be provided upon request.
6. QUALIFIED STATEMENTS BY THE AUCTIONEER OR AUCTION COMPANY ARE OPINIONS, NOT REPRESENTATIONS OF WARRANTIES. Statements and descriptions contained in the catalog, bill of sale, invoice, by auctioneer or elsewhere as to the manufacturer, artisan authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, historical relevance or physical condition ARE QUALIFIED STATEMENTS OF OPINION ONLY AND ARE NOT REPRESENTATIONS OR WARRANTIES. Descriptions provided in any printed catalog, Internet catalog or Internet information do not include condition reports. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, tear, imperfections or the effects of aging.
It is recommended all prospective bidders examine carefully all items in which they have an interest. You are welcome to inspect in person all items during our published inspection hours, and/or by appointment. We will assist you personally or by telephone, providing a physical description and our opinion. If you require absolute certainty in all areas of authenticity and description, we recommend you have an expert of your choice examine and research the item or lot for you OR that you do not bid on the item in question. By placing a bid, either in person, by phone, absentee or by Internet, you signify you have examined the items as fully as you desire to, or, you have chosen not to examine them. ALL SALES ARE FINAL. All lots are sold As-Is, Where-Is. Jewelry items are not returnable for any reason after they leave the auction premises, ALL SALES ARE FINAL.
No employee of Austin Auction Gallery, Ltd. is authorized to make on its' behalf or on behalf of the Consignor, any representations or warranty, oral or written, with respect to the property to be auctioned. Austin Auction Gallery has relied substantially upon information provided by its Consignors to describe the auction lots. Austin Auction Gallery reserves the right to withdraw any lot at any time before it is sold.
7. REMOVAL OF PROPERTY AFTER PURCHASE
ALL PAID FOR PROPERTY SHALL BE REMOVED FROM OUR PREMISES AT THE PURCHASER'S EXPENSE NO LATER THAN 5:00 PM ON THE MONDAY FOLLOWING THE SALE DATE, except Internet bidders. Internet purchases must be picked up within 21 calendar days of the auction. If purchases are not picked up within the specified time periods, beneficial bailee rights of the purchaser cease and a storage fee of $25.00 per lot, per day will be payable to Austin Auction Gallery, Ltd. by the purchaser. Further, after the required pickup dates, Austin Auction Gallery, Ltd., may transfer the property to a public warehouse at the purchaser's risk and expense or, at the option of Austin Auction Gallery, Ltd., the property may be sold at private or public auction, without notice to the previous purchaser and all the proceeds from such sale will be retained by Austin Auction Gallery, Ltd. as liquidated damages and storage fees. If merchandise belonging to a purchaser is lost by fire, theft, damage or any other reason, prior to the purchaser taking possession of same within the above specified time periods, the liability of Austin Auction Gallery, Ltd shall be limited to the actual amount paid for the same at the auction wherein it was acquired and shall in no event include any incidental or consequential damages. AUSTIN AUCTION GALLERY IS NOT A STORAGE FACILITY.
8. SHIPPING INFORMATION Packing, handling and shipping of purchased lots is the sole responsibility and strictly at the option of the purchaser. Austin Auction Gallery does not provide packing or shipping services. We recommend purchasers consult with any one of the following companies. All such companies are independent of Austin Auction Gallery Ltd., and if contracted with or for, they will be acting as your agent. These shippers will pick up the goods at our facility at no additional charge to you. Austin Auction Gallery receives no compensation for shipping referrals. We urge you, the purchaser, to obtain shipping insurance and more than one shipping quote. Shippers known to be available are:
Postal Annex, 512-331-5855, e-mail: email@example.com
The UPS Store, 512-418-0520, e-mail: firstname.lastname@example.org
Craters & Freighters, 888-520-1134, e-mail: email@example.com
9. AUCTIONEER The auctioneer(s) conducting this auction are licensed by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas, 512-463-6599, www.tdlr.texas.gov, and protected through a recovery fund administered by this department. Any unresolved complaint can be directed to this department. The auctioneer in charge is Ross Featherston, License 8069. All disputes that may arise by virtue of and/or under the contractual relationship by and between the parties to this agreement will be governed by the laws of the State of Texas. The venue of any legal action that may arise between the parties to these agreements and/or the auction proceedings conducted by Austin Auction Gallery, Ltd. will be in Travis County, Texas. Any cause of action and/or suit of any kind arising between the parties hereto (to include auctioneer, auction company, consignor or purchasers of goods at auction) must be commenced within one (1) year from the date the cause of action accrues or it will be forever barred. The right of action or suit will accrue and the one (1) year limitation period will begin to run, on the date of the breach, damage or injury is sustained and not when the resulting cost, damage, harm or loss is discovered.
10. Purchasers hereby give irrevocable permission for Austin Auction Gallery to charge the credit card that they may have submitted with their request to participate in auctions, for any and all purchases made by them at this auction.
11. Firearm sales must comply with applicable Texas & Federal regulations, and a "DENIED" status issued by the NICS System will not cancel the successful bidders obligations purchase payment. Firearm purchases not picked up in person must be transferred to a FFL Licensee. The cost of shipping and transfer from Austin Auction Gallery to the designated FFL Licensee is $45.00 for each firearm. ALL SALES ARE FINAL. All items are offered subject to federal, state and C.I.T.E.S. treaty requirements.
THIS DOCUMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AUSTIN AUCTION GALLERY LTD. AND IT'S EMPLOYEES, CONSIGNOR AND PURCHASER OR SUPPOSED PURCHASER AT AUCTION.
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.