Auction Terms & Conditions

AUCTION TERMS AND CONDITIONS:

CONDITIONS OF SALE:
All sales are final and all property is sold "As is, Where is." It is the Bidder's/Purchaser's responsibility to determine condition and usefulness of the items purchased. (We attempt to describe all these items in an effort to give you a visual of the item you are bidding on.) We describe them to the best of our ability and many times rely on information from the consignor. If you have questions or are not sure about the condition of an item in our auction, please do not hesitate to send us an email and we will respond as quickly as possible.

BUYERS PREMIUM:
All invoices will be sent showing a fifteen (15) percent (%), Buyer's Premium calculated from the customer's total winning bid amount. The Buyer'sPremium will apply to all credit card, debit card and cash transactions made in person, as well as PayPal invoices sent by email to customer for payment.

BIDDING:
A bid by any person shall be conclusive proof that the person is acquainted and hereby agrees to be bound by the terms and conditions contained herein.
Any attempt to commit fraudulent purchases with stolen credit cards or to dispute a valid transaction will be prosecuted to the fullest extent of the law.


PAYMENT: Please note that the credit card that you place on file is the credit card that will be billed, and the address you provide is the shipping address where your items will be shipped to. The auction software uses a credit card verification system that validates credit cards and matching addresses, so ship to addresses cannot be changed.

A&T Auctions accepts VISA, MasterCard, American Express and Cash. We do not accept checks or cashier checks. ALL INVOICES MUST BE PAID WITHIN 48 HOURS

SHIPPING RATES:
-Padded envelope rate on flat $5.50 or $10.50 depending on weight.
-USPS Flat rate shipping boxes will be at the cost of the postage of the flat rate box plus a $5 materials and handling charge per box.
-USPS Priority mail shipping in a new box in various sizes up to the size of 24" x 18" x 18" will be at the cost of postage plus an $10 materials and handling charger per box.
- NOT ALL ITEMS WILL BE AVAILABLE FOR SHIPPING, Please check the desired items description if shipping is offered.

AUTHENTICITY:
Though all descriptions are believed to be correct, A&T Auctions and or its consignors do not make any implied warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin. It is the Bidder/Purchaser's responsibility to determine if the description is true and authentic.

WARRANTY:
THE WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL ITEMS SOLD WHERE IS AS IS WITHOUT ANY WARRANTY.
IN NO EVENT SHALL CONSIGNOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY DAMAGES, PROPERTY DAMAGE, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY CONSIGNEE, CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, OR TORT, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIDDER/PURCHASER SHALL INDEMNIFY AND HOLD HARLMLESS A&T AUCTIONS, A&T AUCTIONS' OFFICERS, AFFILIATES, HEIRS, AGENTS AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS AGAINST A&T AUCTIONS A&T AUCTIONS LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL SUM OF FIVE HUNDRED U.S DOLLARS.

LOCAL PICKUP: ***MUST BRING YOUR OWN HELP TO LOAD ITEMS, TOOLS FOR DISASSEMBLY AND PACKING MATERIALS.***
-Pickup Address will be released when payment has been confirmed on your invoice.
-A&T Auctions CANNOT HELP LOAD.
-Pickup days and times shall be posted under Auction Details on the website. Pick up times are firm, unless extenuating circumstances warrant i.e., acts of nature, etc. UNLESS PRIOR ARRANGEMENTS ARE AGREED UPON.
If sold items are not picked up on the asigned days and times, then said items will then become property of A&T Auctions. PAYMENT WILL NOT BE REFUNDED.

INDEMNIFICATION:
Buyer shall indemnify A&T Auction and its Officers, Affiliates, Heirs, Agents and anyone associated with A&T Auctions, against any claims, damages, or liability (including reasonable attorney's fees) as a result of an injury or other harm suffered by any person stemming from the sale and or product or products sold and subsequent use thereof. Any Statements that are made on the day of the sale, supersede all previous printed materials.

GOVERNING LAW:
The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Grayson County, Texas. A&T Auctions is regulated by the Texas Department of Licensing and Regulation. Any and all complaints must be directed to the Texas Department of Licensing and Regulations at (800) 803-9202. Dalton Tompkins, Licensed Auctioneer: TX LIC # 17501 - A&T Auctions, 306 W Hughes, Collinsville, TX 76233
(214-534-0112)

Please note: The seller or "seller's agent" reserves the right to bid on their items as well as the auctioneer reserves the right to bid on items on behalf of the seller as the seller's agent.

THANK YOU FOR BIDDING WITH A&T AUCTIONS!







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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.


REGISTRATION OBLIGATIONS
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 AUCTIONS
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
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.


BIDDING
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.


PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.


COPYRIGHT
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.