SITE USE AGREEMENT AND
REGISTRATION TERMS AND CONDITIONS
Bidder and Auction Firm agree that the terms listed below shall govern the online auction.
registration information the Bidder provides to Auction Firm shall be
current, complete, and accurate. Bidders must be 18 years of age or
older. Bidder agrees to not use any device, software or routine to
interfere or attempt to interfere with the proper working of or any
transaction being conducted on and during the auction proceedings.
Access and use of any online auction site of Semple International, Inc.
(collectively the Site) is subject to any and all specific terms and
conditions set forth on any individual page within the Site and the
terms and conditions of this User Agreement (collectively Site User
Agreement) and all applicable laws and regulations, including but not
limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU
AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS
AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all
applicable laws, statutes, ordinances and regulations regarding your use
of this Site. Legal action will be taken against anyone violating the
terms and conditions of the Site User Agreement or any other applicable
law or regulation. Auction Firm reserves the right to periodically
change the terms and conditions of the User Site Agreement and it is the
Bidders responsibility to periodically review any and all changes made
to these terms and conditions prior to each use of this Site. By using
this Site, you agree in advance to accept any such changes.
2. PAYMENT: Settlement for payment for purchase must be made by MasterCard, Visa, Amex and Discover Card . Bidders acknowledge and agree not to retract any previously submitted purchase offer.
3. REMOVAL: Buyer shall be responsible for making arrangements for merchandise removal Auction Company does not provide shipping.
The descriptions of item/lots appearing in the auction and in
advertising prior to the auction are believed to be correct.
Nevertheless, neither those descriptions nor any oral statements
concerning any item/lot shall be construed as a warranty either
expressed or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL
FAULTS. Bidder acknowledges that all item/lots were available for
inspection prior to the auction and, by these terms, Auction Firm and
Owner/Seller strongly encouraged Bidder to carefully inspect each
item/lot in which Bidder had any interest to determine the item/lots
nature, quality, condition, quantity and size. Bidder relied solely on
personal inspection and not on information listed on the Site or
otherwise provided by Auction Firm or Owner/Seller. Bidders failure to
inspect, or otherwise be fully informed as to the nature, quality,
condition, quantity and size of any item/lot will not constitute ground
for any claim, adjustment, or refund, against Auction Firm or
5. The Site User Agreement constitutes the final
expression of the parties agreement inclusive with the auction terms
and conditions. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR
IMPLIED, ARE SPECIFICALLY EXCLUDED from this offering and transaction
and shall NOT apply to the assets that are the subject of these
offerings. Auction Firm does not have control over the item/lots that
are posted in the Site, and cannot guarantee the authenticity and
quality of said product. Auction Firm is not responsible for the actions
the Owner/Sellers and Bidders take before, during, and after the
auction, typographical errors, misprints, due to your visit to this
auction site. Use of this site is at your own risk.
6. The final
highest bidder shall be designated at the end of the auction by
electronic mail. If a dispute arises between two or more Bidders,
Auction Firm reserves the right to reopen bidding. Auction Firms
designation of the purchaser shall be final.
7. Bidder accepts
responsibility for and agrees to indemnify, defend and hold harmless
each Owner/Seller and Auction Firm and their employees, governing body,
officers, owners, affiliates, subsidiaries, directors, agents and
representatives from and against any and all claims, losses, damages,
liabilities, judgments, fees, costs and expenses (including reasonable
attorneys fees and expenses) related to, arising from or associated
with Bidders, his agents or representatives, use of the Site.
This Site User Agreement constitutes a binding agreement between Bidder
and Auction Firm until terminated by Auction Firm, which Auction Firm
may do at any time, without notice, in Auction Firms sole discretion.
If Bidder dissatisfaction occurs with the auction proceedings in any
way, Bidder's only recourse is to immediately discontinue use of the
9. Auction Firm gathers information about Bidders
and Owner/Sellers for the purposes of conducting online auctions.Auction
Firm does not sell or rent this information.
10. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted.
Once you place a bid, and if you win, you will be obligated to pay for
the purchase at the said price you indicated as your bid, including the
additional buyer premium. Placing a bid on this Site, and winning, then
not paying for the product is illegal in most states, and
prosecution/damages can result.
11. As a Bidder you are
responsible for any bids placed under your bidding number and password.
The security of your Bidder information is your sole responsibility as
you, the Bidder, will be responsible for any and all bids placed under
your number. If at any time you feel that your Bidder number and
password have been compromised due to lack of security on your part you
must notify Auction Firm immediately.
12. The Maximum Bid feature
allows Bidders to set a maximum amount they will bid for an item,
without having to check back to the website. The computer will
automatically bid for you in the next increment once your previous bid
has been surpassed. Bidder agrees that when using the Maximum Bid
feature on the Site, you use it according to the specifications Auction
Firm has in place for that feature. You, as a Bidder, agree to only use
this feature if you understand how the Maximum Bid feature works.
13. BID CHANGES/CORRECTIONS:
Bids will only be changed after bidder emails auctioneer w/ request and
auctioneer approves and copies Web Tech with the written request &
b. Bids will not be changed if the bidder does NOT submit the request within 30 minutes of placing the bid.
c. Under no circumstances will bids be changed in the last 8 hours of the auction. This includes any auto extend time frames.
d. We will not reverse bids after the auction has closed. NO EXCEPTIONS.
MAXIMUM BID FEATURE: Please do not use this feature if you are
unfamiliar with the way it works. Many bidders try to use it to see only
how high the other maximum bids may be. Use of the Maximum Bid feature
is at users risk and CHANGES TO MAXIMUM BIDS WILL NOT BE MADE.
14. INCREASING YOUR OWN BID/BIDDING ERRORS:
Please be aware that many bidders routinely increase their own bid to
price an item out of reach of other bidders. You should immediately
review your bids once submitted. If you mistakenly increase your own
bid, place your bidder number in the bid field, or if you make a typo
you must immediately contact our office by email. Use the contact sheet
on our website (we must have your request in writing).
15. STAGGERED CLOSING:
This online auction closes 25 items per minute. This feature will close
the bidding on intervals. This feature works great with the auto-extend
feature to closely emulate a 'live' auction.
16. DYNAMIC CLOSING:
The closing time of an asset is automatically extended an additional 2
minutes whenever a bid is placed within the last 2 minutes of the
asset's closing time.
17. You agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or
copy the Site or the content contained herein without our prior, express
written permission. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Site or any activity being conducted on the Site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or
publicly display any content from the Site without prior, express
written permission of Auction Firm. THE SITE IS PROVIDED ON AN AS IS
BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
There will be a 18% buyer premium added to all winning bids. By
example, if you are the successful Bidder on an item at $100.00 your
credit card will be charged $118.00.
19. Your Internet bids are a contract and you are responsible for honoring them. A Visa, Mastercard, Amex or Discover credit card must be used to register to bid at the auction.
If the terms of the auction are not followed or the winning bidder does
not close the transaction, this bidder agrees to allow Auction Firm to
charge the credit card used in registration a $1000 non-performance fee.
20. Bid Notification: If you have been outbid you will be notified by email.
quickly review your bids and see if you have won you can utilize the
'review bids' feature. Items that you have been outbid on will be
21. Winning Bidder Notification: You will be
contacted by email ONLY (you are responsible for checking your email AND
adding us to your OK list if you have a spam blocker) If you feel you
have won an item and have not received an email you must notify us by
email no later than 9am the next day. If you do not receive a paid email
invoice then you did not win any items at the online auction.
Bidders are responsible for their own removal. Any item NOT picked up
by the set time will be considered abandoned. Removal shall be at the
expense, liability, and risk of the purchaser. Purchases will be
released upon presentation of a paid email receipt. Please insure that
movers or anyone picking up items on your behalf have your paid receipt
at the pickup location no items will be released without a paid email
23. Catalog Inaccuracies: You are bidding on the
described item not the photo - occasionally the wrong photo is
displayed. Always read the item description. For demonstration purposes
some equipment may be joined together. Do not assume a lot consists of
more than one item simply because they are connected or pictured
together. Please inspect the lot numbers and read the descriptions.
The auctioneer reserves the right to add or remove items from the
auction, Split or combined lots, Add minimum bids or reserve prices,
Cancel, suspend, extend or reschedule an individual item and or auction
event, or Make changes to the auction closing times or inspection or
removal times. Despite efforts to avoid the withdrawal of item/lots from
the sale after they are listed it may sometimes be necessary. Auction
Firm and the Owner/Seller reserve the right to do so at any time before
or during the sale.
25. IMPORTANT! The Auctioneer will have the
option of reselling, removing, storing or abandoning, at the expense and
risk of the purchase, items not paid for and/or removed within the
specific time. The buyer agrees to pay all deficiencies, legal,
collection; transportation and storage expenses associated with
delinquent accounts or abandoned items.
26. No legal advice is
intended or implied by anything contained within the Site. No
obligation, liability, responsibility, accountability or burden is
undertaken, assumed or otherwise imposed by maintaining the Site.
27. Auction Firm shall not act as the buyers security agent and assumes no responsibility for purchases made by buyer.
Any controversy or claim arising out of or relating to this Site User
Agreement shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted in
Batavia, Ohio, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Auction Firm may seek any
interim or preliminary relief from a court of competent jurisdiction in
Ohio necessary to protect the rights or property of Auction Firm pending
the completion of arbitration. You and Auction Firm are independent
contractors, and no agency, partnership, joint venture, employee or
franchiser-franchisee relationship is intended or created by this
Agreement. Liability: Bidders agree that the Auctioneers and Sellers
liability shall be limited to the refund of bidders purchase price.
The Site User Agreement and any disputes arising out of or related to
the Site shall be governed by and construed and enforced in accordance
with, the laws of the State of Ohio applicable to contracts entered into
and to be performed entirely within the State of Ohio. If any provision
of this Site User Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. Auction Firms failure to act with respect to a breach by you
or others does not waive the right to act with respect to subsequent or
similar breaches. This Site User Agreement sets forth the entire
understanding and agreement between us with respect to the subject
TAX EXEMPTION: The State of Kentucky
requires that we charge state sales tax. If you are tax exempt please
fill out the form provided below and fax or email it back to us prior to
the ending of the auction or you WILL be charged sales tax. Fax:
513-724-1286 Email: firstname.lastname@example.org
TAX EXEMPTION FORM
YOUR USE OF THIS AUCTION SITE MARKS YOUR ACCEPTANCE IN FULL OF THESE TERMS AND CONDITIONS.
To Register click on the Register link at the top of the page
Brent Semple, Auction Manager KAL # RP 7039