Auction Terms & Conditions
SIERRA AUCTION MANAGEMENT, INC. ("Sierra") Auction Terms & Conditions
WELCOME TO SIERRA AUCTION – LIVE/INTERNET AUCTIONS ARE AN EXCITING WAY TO BUY ITEMS AT GREAT PRICES! WE HOPE YOU HAVE A GREAT TIME, AND MAKE SOME TRULY OUTSTANDING PURCHASES. HAVE FUN!
We have a few rules that we all must follow to insure that everyone has a safe and enjoyable auction experience. Sierra Auction Management, Inc. (“Sierra”) is acting as an auctioneer-agent for many cities, counties, the state of Arizona, many large and small companies and people just like yourself that are seeking to sell items they no longer need. Sierra may act as a Principal, Buyer or Seller in the sale of some items. Sierra is not responsible for the actions of its consignors and/or principals.
REGISTRATION: All Buyers must register and have a bidder number prior to bidding. Please register early to save time! Sierra reserves the right to deny access to its premises to any Buyer, visitor, or guest in its sole discretion. Sierra may revoke any bidder’s rights to bid at any Sierra auction, or all future Sierra auctions in its sole discretion. You are responsible for all purchases made with your number, whether by you or by anyone you might allow to use your number. These terms and conditions shall remain in full force and effect for all future Sierra auctions until revoked by Buyer in writing, and acknowledged by an officer of Sierra. Sierra reserves the right to change these terms and conditions at any time in its sole discretion and without notice. Recording of the auction is strictly prohibited; no still, video or audio recording can be made without the express written permission of Sierra. No firearms allowed pursuant to A. R. S. section 4-229.
DEPOSITS: All bidders will be required to place a $200 CASH or DEBIT CARD* refundable deposit for all non-vehicle lots or a $500 CASH or DEBIT CARD* refundable deposit for all lots, including vehicles and heavy equipment. Bidders placing a deposit with a credit card and bidders using our online bidding platform will be subject to a credit card hold of either $225 (surplus only) or $550 (all lots). Your deposit will be refunded to you upon full payment for your purchases or may be applied to the payment of your purchases. If you do not win any bids your deposit will be refunded to you upon request, less any applicable transaction fees. Deposits will be refunded within 60 days without incurring any additional fees. Deposits held in excess of 60 days will incur a $25 per month administrative fee. All sales are subject to all local, state and federal taxes including sales taxes unless you have a valid sales tax exemption certificate acceptable to Sierra and to the state of Arizona, file a completed Arizona Form 5000, and a separate automobile dealer exemption certificate/license, if applicable. Fax a copy of the resale license to 602-246-1903.
BUYER’S PREMIUM: Payment is accepted in cash, wire transfer, direct deposit, cashier’s check, debit*, or credit card. (credit cards cannot be used to purchase vehicles). We offer a 3% cash discounted Buyer’s Premium of 12% for live bidders that pay with cash or cash equivalent (cashier’s checks, wires, bank transfers, debit card*, at Seller’s discretion). Fees are subject to change without notice. Certain lots may contain a notice that clearly states a different Buyer’s Premium (lower or higher). All purchases made using our on-line bidding service (all bids except live call bids), whether placed in person, on-line or via telephone, are subject to an additional on-line purchase fee which may vary based on the type of merchandise auctioned.. If the auction is On-line Only, Sierra waives the on-line purchase fee. Auctioneer reserves the right to limit on-line bidding on certain lots and for certain Buyers. Unless otherwise stated, no Buyer’s Premium applies on Bankruptcy Items if paid in cash or cash equivalent and a 3% Buyer’s Premium is charged for any other form of payment.
ANNOUNCEMENTS: Any announcements on the day of the auction shall take precedence over any previously distributed information or advertising. Listen to opening announcements, as they are important. The auctioneer may announce additional information or terms during the course of the auction.
ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale. Also, the auctioneer may group lots or subdivide lots in order to benefit the seller.
EXCEPT WHERE NOTED, ALL SALES ARE FINAL. ALL ITEMS ARE SOLD “AS IS-WHERE IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and ad descriptions are NOT GUARANTEED. Sierra is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions even if caused by Sierra’s gross negligence. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, SIERRA URGES YOU NOT TO BID. YOU MAY NOT RELY ON SIERRA’S DESCRIPTIONS OR INFORMATION, WRITTEN OR VERBAL. The auctioneer reserves the right to reject any and all bids. On lots upon which there is a reserve, the auctioneer shall have the right to bid on behalf of the seller. All auction sales will be recorded by audio and/or in writing. This recording of the bidder’s number and the bid amount shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Please clearly show your bidder number to the auctioneer. Please confirm the auctioneer correctly states your bidder number and the final bid amount. Sierra is not responsible for any loss or damage to any sold auction items. Title (ownership) and risk of loss or damage transfers to Bidder as soon as each individual lot is sold, subject only to Sierra’s right to reconcile the auction. Errors by auctioneer shall make the sale voidable at auctioneer’s sole discretion. Sierra is not responsible for accidents, damages or stolen goods. All counts are approximate. Purchaser should monitor their purchases during the auction; if it is damaged or missing it is the bidders’ responsibility. Sierra urges all Bidders to remove all lots from the auction site as soon as possible, and no later than the close of business on auction day, with safety and security as the top considerations. ABSOLUTELY NO REFUNDS.
AUCTION TERMINOLOGY: It is the responsibility of the bidder to understand the manner in which items are being sold. When the auctioneer says “one times the money” or “all for one money” it means that the item(s) are being sold as a lot. If the auctioneer says “times the bid” or “times the money” it means that the bidder will pay the bid amount times the number of items in the lot. THE BIDDER MUST UNDERSTAND WHAT HE/SHE IS BIDDING ON AND HOW IT IS BEING SOLD; IF NOT, ASK OR DO NOT BID! NO REFUNDS FOR PURCHASES MADE IN ERROR. Operator error, keystrokes mistakes, misunderstanding of auction structure are bidder’s sole responsibility.
PAYMENTS: All payments are to be made in US funds. Sierra reserves the right to require the purchaser(s) of certain lots to make an additional deposit, within 30 minutes of Sierra’s request, in Sierra’s sole and exclusive judgment. In the event the Buyer fails to place the required deposit, Sierra, in its sole and exclusive judgment, may declare the buyer in breach of contract, and re-auction the lot, and bar the Buyer from future bidding. Buyer will forfeit their deposit, and be liable for any loss or other cost the consignor and/or Sierra incurs in re-auctioning the lot. No lots may be removed in part or in full until paid in full. A DAILY LATE PAYMENT FEE shall be charged on all lots not paid for in full by 3:00 PM on the first workday following the Auction. The DAILY LATE PAYMENT FEE SHALL BE equal to 3% of the outstanding balance of each lot or $10 per lot, whichever is greater. Any lot not paid for by 3:00 PM on the fifth workday following the auction shall place the Buyer in breach of contract. Sierra retains all its legal rights, including, but not limited to suing Buyer to compel specific performance, and/or declaring the Buyer in breach of contract retaining the deposit and barring the Buyer and Buyer’s agents from all future auctions. Sierra, at its sole discretion may offer the goods for sale in a private sale or any future Sierra auction. Buyer shall be responsible for any deficiency, including late payment fees and storage fees. Buyer shall have no right to any excess funds such sale may generate. Currency accepted includes US currency (cash), bank wire transfers, and certified checks from a US bank. Sierra reserves the right to require certain Buyers or certain lot purchasers to pay cash only. Sierra reserves the right to change the fee structure, refuse to accept certain credit cards, and/or require cash payments in its sole discretion.
CHARITY VEHICLES: Some of the vehicles sold are marked as charity or donated vehicles. To facilitate title transfer and assist the donor and charity, Sierra has agreed to title these vehicles in our company name, for that purpose only. Sierra assumes no responsibility for these vehicles. Failure to mark the vehicle charity/donated shall not affect the sale or rights of the parties. Sierra’s marking of the vehicle is a convenience only and does not establish any legal obligation.
REMOVAL OF PURCHASED ITEMS: No item may be removed from the auction site until it is paid for in full and partial payments may require an additional deposit for the remaining item(s). All lots must be removed from Sierra’s facility on the date of sale. In certain situations, Sierra, in its sole and exclusive judgment, may allow certain lots Sierra deems difficult to move to be removed no later than 3:00 PM on the third business day following the auction. A DAILY STORAGE FEE shall be charged for all lots not removed on auction day unless Sierra approves a later removal date. All lots not removed by 3:00 PM on the third business day following the auction shall be charged a DAILY STORAGE FEE of $5.00 per lot, per day for non-titled lots, and $20.00 per day for any lot that has a title. Lots larger than a standard pallet shall be charged $5.00 per day for every 15 square feet of storage space utilized. Sierra DOES NOT OFFER STORAGE SERVICES. Any item not removed by Noon on the fifth business day following the auction will become the property of Sierra, WITHOUT EXCEPTION. Any unsalable items that are not removed will be hauled to the dump at Buyer’s expense. Buyer is solely responsible for the safe removal of all their purchases. Sierra, at Buyer’s request, and in its sole discretion, may assist Buyer in the removal of its goods. Buyer shall be charged Sierra’s current hourly rate, per workman and forklift or other equipment utilized. In the event any work is requested after 3:00 PM or on non-standard Sierra workdays, Sierra shall charge Buyer 1.5 times its standard hourly rate. Buyer shall hold Sierra, its employees, officers and directors harmless for any and all damage, injury or liability regarding the removal of its purchases, notwithstanding Sierra assistance in item removal. All lots and purchases must be removed in full. No removal of partial lots shall be allowed; inquire about shipping options.
INJURY: All persons attending our live auction are notified that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site before, during and after the sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises, and the conduct of third parties. All registered bidders shall so advise their guests, agents, and employees. NO PERSON(S) SHALL HAVE ANY CLAIM AGAINST SIERRA, ITS EMPLOYEES, AGENTS, AUCTIONEERS, CONTRACTORS, OFFICERS, OR PRINCIPALS FOR ANY INJURIES SUSTAINED, OR FOR DAMAGES TO OR LOSS OF PROPERTY OR PROFIT WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER. Persons attending during exhibition, sale, or removal of goods assumes all risks of damage of or loss to persons and/or property and specifically releases the auctioneer from liability therefor. Neither the auctioneer nor his principal shall be liable by reason for a defect in or condition of the premises on which the sale is held.
SELLER CONFIRMATION AND UNRESERVED ITEMS: Sierra’s policy allows our consignors to determine if they wish to place a “Seller’s Confirmation” on any lot. If a Seller’s Confirmation is set on any lot it will be clearly marked on the lot. All other lots will be sold to the highest bidder. However, Sierra reserves the absolute right, in its sole and exclusive judgment, to withdraw any lot from sale, or add new lots to the sale at any time up to the item being declared sold.
TITLES AND 3-DAY TEMPORARY VEHICLE TAGS: Vehicle titles will be issued in the name of the registered buyer only. No open titles. Each vehicle or equipment sold requiring titles will be assessed an administration fee (currently $40), which is also added to the final bid amount. Computers with internet connection are supplied for the purchase and printing of temporary vehicle tags. A $10.00 fee (subject to change) per title is due immediately and payable in cash.
ARBITRATION: In the event a dispute shall arise between the parties, it is hereby agreed that the dispute shall be referred to an accredited arbitration service in the sole discretion of Sierra. Arbitration shall be in Phoenix, AZ, and held in accordance with the applicable Rules of Arbitration. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
I UNDERSTAND AND ACCEPT THE ABOVE TERMS AND CONDITIONS. ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH NO GUARANTEES OR WARRANTIES. BIDDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTIFICATION, CONDITION, AND/OR USE OF ALL ITEMS PURCHASED. REFUNDS WILL NOT BE ISSUED AS A RESULT OF ANY DESCRIPTIVE ERROR GIVEN BY THE AUCTIONEER OR AS A RESULT OF A BUYERS FAILURE TO PROPERLY IDENTIFY THE ITEM, ITS CONDITION OR USABILITY. I ACKNOWLEDGE THAT SIERRA IS NOT LIABLE FOR ANY INJURY OR LOSS TO MY GUESTS OR MYSELF.
* Debit cards qualifying for discounted Buyer’s Premium are non-reward consumer debit cards from major financial institutions ONLY. Cash discounts offered by Seller on all types of payments are at Seller’s sole discretion.
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.