Auction Terms & Conditions
TERMS AND CONDITIONS
All items sold AS IS / WHERE IS. No refunds. Please inspect or inquire before bidding.
Visa and MasterCard are accepted payment types. The credit card used when registering to bid will be charged immediately after the auction for purchases made.
Indiana Sales Tax of 7% will be assessed for all items.
A 10% Buyer’s Premium will be applied to online purchases.
William Wilson Auction Realty retains the right to govern goods and services sold to clients and to maintain the level and integrity of its business. Visa and MasterCard are valid forms of payment. Payment is due 48 hours following auction. Credit card on file will be charged immediately following auction unless prior arrangements are made with the Auction Company. The credit card on file will be charged a second time to cover shipping costs. All questions should be asked prior to bidding.
The Sale of Items - William Wilson Auction Realty has the right to terminate the auction at any reasonable time, to withdraw from sale any item, to sell at this auction items not listed, to group one or more lots into one or more selling lots, or to subdivide a lot into two or more selling lots. The Auction Company also reserves the right to sell all of the items listed in bulk.
No Liability - William Wilson Auction Realty assumes no liability for a buyer's purchases. The buyer assumes and does agree to indemnify and hold the Auction Company and seller harmless from any future claim that shall pertain to the fitness or use of that asset being purchased.
Documents - All documents must be completed in full by buyers and sellers (e.g. Death Certificates, Letters of Authority, Creditor Liens, and UCC’s when purchasing vehicles, firearms, etc.).
Loading Equipment - William Wilson Auction Realty does not lend, lease, or borrow any equipment nor deliver sold goods.
Consignors - All consignors must complete a contract with William Wilson Auction Realty, sign forms and abide by the terms listed.
Bidders - All bidders must have proper ID to register for bidder numbers.
Payment - Payment may be made by Visa or MasterCard with no extra fees. Buyer specifically waives the right to dispute or deny payment for any purchases made with credit card.
Removal - No goods will be removed until paid in full. Purchaser is responsible for removal of all purchased items. No abandonment of purchased items is allowed. Purchaser will be responsible to pay the full cost of removal or disposal of abandoned items. Auction Company shall not, in any event, be liable for non-removal or abandonment or for any other matter to any purchaser of any lot.
Shipping - The Auction Company, through United Parcel Service, can arrange packing and shipping. Packing and shipping costs are the responsibility of the buyer and will be quoted before shipping. All items will be insured for the purchase price. The Auction Company's first priority is to deliver purchased items in excellent condition. If buyer wishes to ship items as opposed to picking up items, buyer must notify Auction Company within 24 hours following the close of the auction.
Paid Receipt - Removal of purchased items shall be at the expense, liability, and risk of the purchaser. Purchases can be removed upon presentation of paid receipt to Auction staff. Purchases may be paid for and removed at any time during the auction as long as the auction is not disrupted by this activity. Purchased goods must be removed on the pick up date or sold for storage in Auction Company's gallery.
NSF Funds - A fee for Non-Sufficient Funds (NSF) checks per occurrence will be charged. NO CREDIT ALLOWED.
Reserve Prices - Any item that William Wilson Auction Realty agrees to sell with reserve must have a tagged reserve price that is subject to the Auction Company's commissions. Vehicles sell with owner’s confirmation.
Bidding - No consignor, seller, or agent for seller has the right to bid on his/her consigned goods.
Employee Bidding - Employees of William Wilson Auction Realty may bid at any auction if it is their intent to purchase an item.
Compliance with the Terms of Sale - In default of payment of bills in full within the time announced for this auction, the Auction Company, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. With regard to unpaid balances, the purchaser agrees to pay all reasonable attorney fees and costs incurred by the Auction Company in the collection of funds. The purchaser also agrees that a fee of 2% per month be added to the balance of any unpaid balance due the Auction Company and any other costs or losses incurred by the purchaser’s failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Posey County, Indiana. Purchaser should be aware that invoice delinquency will lead to the disabling of a bidder account, making all bidding unavailable on the online bidding platform.
Indiana Laws - William Wilson Auction Realty is in complete accordance with Indiana statutes and Indiana Administrative codes, Title 25, Title 812, Department of Revenue Tax Bulletin #20, and Reference IC 6-2-4.
Sold Items - All items become the sole responsibility of the purchaser when auctioneer confirms purchaser's number as successful bidder. Although the Auction Company will exhibit reasonable care to safeguard purchases until removed by purchaser, no refunds or adjustments will be allowed for any shortages. William Wilson Auction Realty is NOT responsible for stolen or lost goods.
Keeping Order - Auctioneers have the right to refuse service or eject any person obstructing the auction process.
Buyer’s Premium - Auction Company has the right to charge a Buyer's Premium. The Buyer's Premium plus sales tax will be added to the bid price to equal the total purchase price paid for auction items.
No Warranties - Everything is sold “AS IS/WHERE IS” with no warranties, representation or guarantees expressed, implied or otherwise given. All sales are final.
Sales Tax - Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. Sales tax exemption number, where applicable, must be presented at the time of bidder registration. To qualify for any available exemption, buyer must sign any required form.
Dispute between Bidders - If there is any dispute between two or more bidders, the Auction Company or its auctioneer may decide the successful bidder. The decision of the Auction Company or its auctioneer shall be final and absolute.
Nominal Bids - Any bid that is merely a nominal bid may be rejected by the Auction Company or the Auction Company may reject fractional advances, if in its judgment the bid would adversely affect the sale.
Absentee (Proxy) Bids - Absentee bids may be presented to the Auction Company in writing and must be accompanied by credit/debit card number, which will be verified for the bidder's maximum bid amount and applicable Buyer’s Premium prior to the sale. Bidder may deliver to auction company maximum bid in certified funds, to be refunded in full, if bidder does not gain the successful bid. Said bids are subject to all terms and conditions of sale as listed herein or announced at the auction sale. All absentee bids will be held in confidence. Auction Company may have a principal interest in this sale. Seller may NOT bid on his/her own items at auction as per state laws.
Personal and Property Risk - Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability thereof. Neither the Auction Company nor its principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held.
Records - The record of sale kept by the Auction Company, any audio tape of the auction and the bookkeeper records will be taken as final in the event of any dispute.
Technical Issues - In the event there are technical difficulties related to the server, software, Internet or any other online auction-related technologies, William Wilson Auction Realty reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software nor William Wilson Auction Realty shall be held responsible for the failure of the software to function properly for any reason.
Bidders who bid from off site and are not able to preview understand and acknowledge that their inspection of an item may not be as precise as a first-hand inspection. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. William Wilson Auction & Realty, Inc. shall endeavor to describe in detail each item and any pertinent information about it. William Wilson Auction & Realty, Inc. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that items purchased may not be returned. No deduction will be allowed on damaged articles.
William Wilson Auction & Realty, Inc. is providing Internet bidding as a service to the bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall bidder have any kind of claim against William Wilson Auction & Realty, Inc. or anyone else if the Internet service fails to work correctly during the auction. William Wilson Auction & Realty, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. William Wilson Auction & Realty, Inc. reserves the right to withdraw or re-catalog items in this auction.
By bidding on any item, the bidder shows acceptance of the terms of the auction.
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.