Auction Terms & Conditions.

Thank you for taking the time to carefully review the terms and conditions below. They are VERY IMPORTANT. You will find the information to be helpful as you participate in the online auction.
These terms & conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit a bid unless you agree to ALL terms of this contract. Ashley's Auction Service shall be known individually and collectively as "Auctioneers", or "Auction Firm". All bidders must be 18 years of age or older and register with a valid credit card to bid on this auction. Credit Card used to register for this auction will be charged upon the end of this auction for all purchases. By participating in this auction, buyers expressly agree that they will not charge back or "deny" a credit card purchase. There will be a $35.00 service fee that will accessed for any credit card that is declined or returned bad checks. The Auctioneer is acting solely as an agent for the Seller's. The Auctioneer will not be representing the Buyer's. This is a public Auction and as such, all qualified bidders may bid, including Ashley's Auction Service, owners, associates, family members & employees. Seller reserve the right to refuse any or all bids on some auctions. In some cases items may be subject to prior sale. The Auction Service reserves the right to refuse bids from anyone, and the right to withdraw items from the sale before or during the auction without prior notice. Announcements made by the Auctioneer take precedence over written material.
Bidders agree that this agreement shall be governed by the laws of the county of Phillips within the state of Kansas. By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction. Ashley's Auction Service & Associates will not be held liable for accidents, theft, or damage to anything or anyone. Persons attending a preview or inspection period of items to be sold or during the removal period assume all risk of damage, injury, or loss to their person & property, and release the Auctioneer and the Auction firm from liability thereof. Neither the Auction firm or principals shall be liable for any defect in or the condition of premises on which the auction is held.
ALL ITEMS ARE SOLD "AS IS" WITH NO GUARANTEES. PLEASE INSPECT ITEMS CAREFULLY FROM THE PICTURES OR CALL ASHLEY'S AUCTION @ 785-543-5612 WITH QUESTIONS BEFORE PLACING A BID. ONCE AN ITEM IS SOLD NO REFUNDS WILL BE GIVEN.
A PICKUP DATE, TIME & LOCATION WILL BE ANNOUNCED FOR EACH AUCTION. IN THE EVENT OF BAD WEATHER THAT PICKUP DATE MAY CHANGE AT ANYTIME BY THE AUCTIONEER. IF YOU CANNOT PICK YOUR ITEMS UP ON THAT DATE PLEASE NOTIFY ASHLEY'S AUCTION SERVICE 785-543-5612 BEFORE PLACING A BID, TO SEE IF ANOTHER PICKUP DATE CAN BE MADE. IF A BUYER FAILS TO PICKUP THEIR ITEMS ON THE ANNOUNCED PICKUP DATE. IF A BUYER FORFEITS AN ITEM, THAT ITEM WILL BE RE-SOLD WITHOUT REPAYMENT TO THE ORIGINAL BUYER THAT DID NOT PICK THE ITEM UP. NO EXCEPTIONS! WHEN YOU COME TO LOAD YOUR ITEMS BRING YOUR OWN LABOR FOR LOADING, DOLLY CARTS, PACKING & BOXES OR ANY OTHER TRANSPORTING SUPPLIES YOU MAY NEED. We DO NOT furnish the labor to load your items. Bring someone with you if you need help!
1. Registration: To bid, you will need to register and create a user name and password. If you are a returning bidder, you are required to update any information that may have changed on your account. Setting up your buyer account information is on the home page.

2. Buyer's Premium and Sales Tax: A 13.0% Buyers Premium for using credit or debit, a 3.0% discount will be given for using cash.

3. Due Diligence: Every effort has been made to provide the information, descriptions, and photos that best represent each item in the auction. However, accuracy, condition, age, originality & other information is not guaranteed by the Auction Service or the Seller. Each bidder is responsible for conducting their own independent due diligence concerning items of interest. If you have questions please call Ashley's Auction 785-543-5612 prior to bidding. Please leave a message if no answer & we will call you back.

4. Warranty: All items are sold as is, where is, without warranty expressed or implied. NO REFUNDS WILL BE GIVEN ONCE AN ITEM IS SOLD.

5. Changes to the Auction: To best respond to various circumstances during the auction, changes to specific lots, descriptions, and photos, may become necessary and occur without notice. Lots may be added, combined, or removed without notice.

6. Soft Closing: Generations online auctions are designed to give everyone the opportunity to participate and bid. At the designated time the auction is set to begin closing, each lot closes in sequential order. If a bid is placed on a lot within one minute of closing time, the lot will remain open for two additional minutes. If another bid is placed within that time, it will remain open until all "dynamic" bids have ceased.

7. Successful Bidder: If you are the successful bidder, you are responsible to pay for the lot(s) that you have won at the price of your final bid, 13% buyer's fee, plus shipping, handling & insurance charges where applicable. If you pay by with cash or check a 3% discount will be given. We also accept Credit card, Good Cash or Checks at the time of pickup. No items will be released until settled for.

8. If you need your item shipped, please call Ashley's Auction at 785-543-5612. The buyer is responsible for paying shipping fees plus insurance. Items will be insured for selling price only. We ship by U.S. Postal Priority Shipping on smaller items, UPS, Fed ex or Truck shipping on larger items. The manner in which something is shipped will be up to the auction service. We will be more than happy to combine multiple items in 1 box that are bought from the same buyer to save on shipping. Just let us know that you bought multiple lots. International Buyer's are welcome, but shipping will be MUCH higher and the Buyer will be liable for those international shipping charges regardless of what the cost is.

9. When you have the winning bid you will be notified by Ashley's Auction. The total due will be calculated as to how you want to receive your merchandise. Happy Bidding! Ashley's Auction Service.


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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.


INDEMNITY
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.


LEGAL COMPLIANCE
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.


GENERAL INFORMATION
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.

Name Coins, Collectables, 1973 Ford, Yahama Street Bike Online Auction. Auctioneer Ashley's Auction Service Type Online-Only Auction