Auction Terms & Conditions
Terms & Conditions: NOTE: ITEMS MUST BE PICKED-UP AND PAID FOR BEFORE THE END OF THE STATED PICKUP TIMES!!!
1. TERMS OF PAYMENT. At the close of the lot, the high bidder will have purchased the offered lot. All sales are final upon the closing of the lot. The purchase is subject to all terms and conditions set forth herein. The purchaser assumes full responsibility thereof. The purchaser further agrees to pay the Total Amount Due within 48 hours after closing of lots. Payment at time of pickup will only be accepted in cash or credit/debit card. Purchasers paying by credit card may contact Witcher Auctions and provide credit card info by phone or in person at pickup location in Wynne, AR. NO ITEM WILL BE RELEASED WITHOUT RECEIPT OF PAYMENT IN FULL.
2. PICK UP: Each item "MUST" be picked up by Friday, February 28, 2020 between 9am- 4pm Shipping is the buyer's responsibility. This is an offsite location at a farm headquarters. Yard is easily accessible by semi truck and is on a paved state hwy. Forklift will be onsite on Friday Feb. 28th 9 am to 4 pm ONLY. If you cannot pickup your items on pickup day it can be moved to our Wynne, Arkansas permanent facility to await pickup / shipment. This will be an additional cost and will be quoted on a case by case basis. Disassembly of equipment is available at our normal shop rate of $75 per man / hour if you have it moved to our Wynne, AR location.
3. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions by which items listed by Witcher Auctions LLC will be sold. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
4. BUYER'S PREMIUM AND SALES TAX. All bid prices "hammer prices" ("hammer prices" means the price at which a lot is knocked down to the purchaser) will be subject to a buyer's premium of 5% payable by the purchaser. This premium is added to the purchaser's successful bid amount. Sales tax will not be charged on this auction. The combined "Hammer price" and the Buyer's Premium together equal the total sale price.
5. METHOD OF PAYMENT. We accept Cash, Visa, MasterCard, Discover, American Express or Wire Transfer. We DO NOT accept Paypal or personal / company checks. A fee of 5% of the total sale price will be added to all credit card payments.
6. NONPAYMENT. Payment will not be deemed to have been made in full until Witcher Auctions has collected funds in full by accepted payment methods. If Witcher Auctions does not receive payment in full, in good cleared funds, by the end of the stated pickup times, Witcher Auctions LLC reserves the right to exercise one or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of $20 per week, whole or partial (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Witcher Auctions LLC finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Witcher Auctions LLC's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Witcher Auctions LLC deems fit. In addition, a defaulting Buyer will be deemed to have granted Witcher Auctions LLC a security interest in, and Witcher Auctions LLC may retain as collateral security for such Buyer's obligations to Witcher Auctions LLC any property in Witcher Auctions LLC's possession owned by such Buyer.
7. WITHDRAWAL Witcher Auctions LLC reserves the right to withdraw any property from the auction prior to the completion of the auction sale.
8. PROTESTS, DISPUTES AND THE AUCTIONEER. Witcher Auctions LLC reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Witcher Auctions LLC's records will be deemed conclusive in all respects in the event there is any dispute after the sale.
9. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Witcher Auctions LLC is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event include any additional incidental or consequential damages.
10. CATALOG AND OTHER DESCRIPTIONS. All statements by Witcher Auctions LLC in the catalog for the property or in the condition reports, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Witcher Auctions LLC attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Witcher Auctions LLC nor the Seller is responsible for any errors and omissions in the catalog or any supplemental material.
11. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your own satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Witcher Auctions LLC recommends You have an independent expert examine the lot for You.
12. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Witcher Auctions LLC does not guarantee or make warranties, written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Witcher Auctions LLC acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements regarding condition are opinions, not statements of fact or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Witcher Auctions LLC or any person purporting to act on their behalf is authorized to make, any representation or warranty, oral or written, with respect to any lot or item for sale.
13. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale Witcher Auctions LLC may accept bids on behalf of potential bidders. Purchaser acknowledges that Witcher Auctions LLC has a fiduciary duty to the sellers and no agency relationship is established with any bidders or purchasers. Purchaser acknowledges that Witcher Auctions LLC owes no duty to disclose the ownership of any item being auctioned. Any absentee bid will be executed as if the bidder was physically present and bidding on their own behalf. Witcher Auctions LLC assumes no responsibility for failure to execute any absentee bids for any reason whatsoever. All bidders wishing to leave absentee bids will be required to provide a valid credit card number, security code, billing address, and phone number.
14. RESERVE. Some lots may be offered subject to a reserve, which is a minimum price below which the auctioneer is not obligated to sell the lot. Witcher Auctions LLC may, at its discretion, disclose the amount of reserve. Witcher Auctions LLC may advance bids on items that are subject to reserve on behalf of the Seller.
15. TELEPHONE BIDDING. Telephone bidding will only be offered on items on which you are willing to provide a $500 opening bid. In order to bid on a lot over the telephone at the time it is being sold the bidder must contact Witcher Auctions LLC in advance to make arrangements. The bidder must contact Witcher Auctions LLC no later than 2:00 p.m. the day preceding the sale to make arrangements to bid via telephone. A representative of Witcher Auctions LLC will make every attempt to contact the bidder prior to the requested lot(s) going up for sale. Telephone bid requests may be emailed firstname.lastname@example.org. Witcher Auctions LLC assumes no responsibility for failure to execute phone bids for any reason whatsoever. Telephone bidding is not offered at every auction.
16. AUCTIONEER RECOGNITION OF BIDS. During the course of the auction, the auctioneer may accept bids from live audience bidders, live online bidders, online absentee bidders, onsite absentee bidders, and telephone bidders. The auctioneer reserves the right to advance bids in whatever increment they feel is in the best interest of the seller. In the event that the auctioneer accepts a bid from another bidder that equals the highest bid offered by an online absentee bidder, the bidder that the auctioneer recognized will win the bid regardless of when the bids were submitted.
17. ABANDONED LOTS. Any item that is not paid in full and picked up by the buyer within stated days will be considered abandoned, unless prior arrangements are made with Witcher Auctions LLC. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Witcher Auctions LLC. Disposal fees may be assessed as needed.
18. DISPUTES UNDER THIS CONTRACT. Purchaser and Witcher Auctions LLC agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Witcher Auctions LLC. In the event the purchaser fails to make full payment, Witcher Auctions LLC may, but is not required to, proceed directly to court. Furthermore, the purchaser and Witcher Auctions LLC agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Witcher Auctions LLC are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. If a party commences legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Cross County, State of Arkansas, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Witcher Auctions LLC agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Cross County, State Of Arkansas. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with Witcher Auctions LLC and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
19. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER Witcher Auctions LLC OR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY Witcher Auctions LLC. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL Witcher Auctions LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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.