Auction Terms & Conditions
* All purchasers are required to register for a Bidder’s Number to bid and must be of contractual age (18). A form of picture identification is required to verify information.
* 5% Buyers Premium will apply to internet bids only. No Buyers Premium for live bids.
* All items sold "AS IS, WHERE IS" with all faults, descriptions believed accurate but not guaranteed.
* By placing a bid, bidder signifies that they are bidding regardless of item condition.
* All purchases are to be paid in full day of auction.
* Sales Tax will be charged unless you hold a valid Retail Merchant Certificate and for titled vehicles, a valid auto dealer license.
* Sales are not subject to financing. Financing must be arranged prior to your purchase.
* All items are sold "AS-IS". We encourage you to preview and inspect before you buy.
* Methods of Payment: Cash, Check w/bank letter to guarantee funds or Visa/MC/Discover/AMEX with 3% user fee.
* Credit cards on file with Hi-bid may be immediately charged the balance due unless you make other payment arrangements with our office prior to auction.
* Local pickup only (unless other arrangements are made).
* We reserve the right to cancel and/or reopen the auction bidding.
* Goods left more than 30 days at our facility are subject to resale without notice for storage fees.
* Graber Auctions may reserve the right to reject any bid at it's sole discretion.
INTERNET BIDDERS NOTICE: Please wait until the office calls and confirms you are the winning bidder. We cannot process the winners until the end of the auction. You will not be allowed to pick up items if we have not completed the sale and called you. Bidders are reminded that the auctioneer has to recognize your bid in order to be the high bidder. Tied unrecognized online bids against floor bidders lose. Tie bids against other internet bidders rule is the earlier bid wins the tie. We do our best to help Internet bidders win as much as possible.
Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph.
ALL LOTS AND ITEMS ARE SOLD AS IS, WHERE IS, WITH NO EXPRESS OR IMPLIED WARRANTIES. IT IS BELIEVED THAT ALL DESCRIPTIONS ARE ACCURATE BUT NOT GUARANTEED.
When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email. You can review your bids at any time using the Auctioneer’s “Review Bids” feature; items on which you have been outbid will be clearly marked.
Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to (1) add or remove items from the auction, (2) split or combine lots.
Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price you gave as your bid.
Payment: At the conclusion of this auction, the credit card associated with your account will be automatically charged for the full price of your purchases.
The webcast auction format gives you 3 ways to participate and buy the items you need.
Come to the LIVE auction
Bid from your computer during the live auction
Bid online prior to the live auction using a max pre-bid.
1. LIVE AT THE AUCTION SITE
The best method for participation is to come to the live auction. There will always be a preview time prior to the beginning of the bidding, allowing you to see the item(s) and determine your level of interest.
Items will be sold in the catalog order, at a rate of about one item per minute. This allows you to better determine your arrival and departure time from the auction. If you are not interested in the first items, then you can arrive after the auction begins, and feel very confident that you have not missed anything of importance to you. This is not guaranteed, but almost always follows true to form.
Once bidding has been completed on the items of interest to you, you may go to the cashier, settle your invoice, collect your items and leave. You do not have to wait for the end of the auction to pay and leave.
If you cannot take your items immediately, then just return after the conclusion of the auction, during the announced removal dates and times.
Please be aware that once you have settled your bill, you are responsible for the security of your purchases. We will try to watch them for you, but ultimately it is your responsibility.
2. FROM YOUR COMPUTER DURING THE LIVE AUCTION
If you cannot come to the live auction, you may still bid in “live time” from your desk or other computer device. Simply go to https.graberauctions.com, read the terms and conditions, and then register to bid.
Once the auction begins you will see the item being offered, the quantity available, and who has the high bid. If it is an online bidder, you will see the bidder paddle number. If it is someone at the live auction, you will see “floor bidder”.
You will be given the next increment available and be asked if you wish to bid that amount. All you must do is click to bid. If your bid is accepted, then you will be alerted that you are “winning” the bid. If someone at the auction bids at the same time as you, the auctioneer may choose to take their bid, and you will be alerted that the “floor bidder is in” and you need to bid again.
As the auctioneer reaches the end of the bidding on the item, you will receive a “fair warning” alert that you must act quickly. If no one bids within a few seconds, then the auctioneer will announce the item as sold, and the next item will appear on your screen.
Sometimes there are problems or confusion during the bidding process on an item. If this happens, the auctioneer may determine that the best recourse is to start the bidding over again for the item. You will be alerted on your screen that the bidding has been “reset”. This is not meant to change the outcome, but to insure the credibility of the process.
Once you last item has been sold, you may exit the auction and return to your daily activities. Immediately after the conclusion of the live auction, your invoice will be created and the credit or debit card that you used when registering will be charged. You will receive an email with your paid invoice attached.
You will then proceed to the auction site to collect your purchases. You must remember that once your invoice has been settled, security of your items is solely your responsibility.
3. BIDDING ONLINE PRIOR TO THE LIVE AUCTION
If you determine that you cannot come to the live portion of the auction, or arrange your schedule to participate in the online bidding, you can simply place pre-bids at any time prior to auction. Notice the pre bid option will close on Friday.
You just pick an item that you want, click on the button to place a bid, and then type in the top price that you are willing to pay. You will not automatically be required to pay this price, but will be kept in the bidding until this price is surpassed.
Your bid will be placed at the lowest increment allowed on the item. Your bid will not be raised until someone else bids. If someone bids, your bid will be raised to the next increment above the bid placed. It will not be raised again, until someone else bids, and then the system bids for you again. If someone outbids your “max bid”, you must bid again or lose your chance to buy the item.
It will be your responsibility to remove your purchased items during the scheduled removal times and dates.
Do not delay removing your items. If any of your items are damaged or stolen, you will not receive a refund or credit on the purchase price.
If you have any questions, please contact us. 812-254-2220.
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.