Terms and Conditions To proceed with registration, bidders must agree to the following Terms and Conditions, including the User Agreement.
Terms and Conditions:
Bidders shall agree that the terms and conditions set forth below will govern the auction. All information provided shall be current, complete, and accurate. All bidders must be at least 18 years of age. No attempt shall be made to interfere with the proper functioning of this online auction.
Bidders must acknowledge that this is an online auction where computers are an integral necessity, hardware and software may malfunction at any time, whether it be owned by the bidder, the auctioneer, or the server that the auction utilizes; Bid On Estates can not be held responsible for such action and the course of restorative action will be situation dependent. We may need to reschedule an ending date if there is a major malfunction, we will always act in a manner that best serves our consignors and bidders.
Eligibility: Only individuals who can legally enter into binding contracts under applicable law are eligible to bid in this auction. You may not transfer or sell your User Account ID to any other party. If you are registering as a business entity, then you must have the authority to enter into a binding contract under that entities name and resources.
Your Information: You are solely responsible for providing accurate information. If your contact information changes, you are responsible for updating it. Bid On Estates will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner.
Description of Information: Any information that is used or shared with us is believed to be true and correct. The auctioneer relies upon information provided by the owners and sellers of the consigned merchandise, however, the information is only forwarded to the bidders to assist their own research.
Bid On Estates is not responsible for any misleading information that has been provided in connection with this or any future online auction. We are not responsible for any claims or statements related to the lots at hand. The Auctioneer believes the descriptions of lots appearing in this online auction sale and in advertising prior to this online auction sale to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any lot shall be construed as a warranty either expressed or implied. "LOTS ARE SOLD AS IS - WHERE IS AND WITH ALL FAULTS". BIDDER ACKNOWLEDGES THAT ALL LOTS were/are AVAILABLE for inspection prior to the online auction sale and, by these terms; Auctioneer and Owner/Seller strongly encourage Bidder to carefully inspect each lot in which the Bidder has any interest. Bids should reflect solely upon personal inspection and not on information listed on this site or otherwise provided by the Auctioneer or Owner/Seller. If the Bidder fails to inspect any lot, this failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of the lot, will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale. These written terms constitute the final expression of the parties' agreement and are a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and this transaction and shall NOT apply to the merchandise that is the subject of this sale and this transaction. The Auctioneer is not responsible for the actions the Owner/Seller and the Buyers take before, during, and after the online auction sale, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment due to visits to this site. Use of this site is at Bidders own risk and all content is presented "As is-where is” with all faults. Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and other important information is located on the first page of this site.
Bidding: Bidding is done in increments and will vary by lot according to the current highest active bid. We encourage you to bid the maximum amount you are willing to pay for the lot, using the Max Bid field. By doing so you are less susceptible to any computer glitches or connection problems that may cause you to lose the bidding race. Be aware that you may be outbid minutes before the close of the online auction and may not have the opportunity to enter another bid. You will, therefore need to monitor the auction activity to stay fully informed. In the event of a tie, the earlier bid will be considered the winning bid. When the bidding ends, all sales will be considered final. There are no exchanges or refunds absent express statement to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that said person is familiar with the Terms and Conditions of Use and Auction Rules and that the Bidder agrees to be bound by them. The Auctioneer will generally offer: Staggered Closing: The online auction closes 3, 5 or 10 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.
TIMED CLOSING: The closing time of an asset is automatically extended an additional 3, 5, or 10 minutes whenever a bid is placed within the last 3, 5, or 10 minutes of the asset's closing time. Every transmission over the internet travels a different route and can be delayed by a variety of factors, including the Bidder's own computer. The time lapse between the submission of a bid and its registration can vary by several seconds. Bids are queued by the Auctioneer's host computer in the order received. Bid positions are awarded on a first come first served basis. Bids are TIME STAMPED by the host computer with the time received. To be accepted, bids must be received by the host computer prior to the auction close. In the event of a malfunction by the Auctioneer's host computer that could affect the outcome of the auction, then the online auction will be immediately stopped. If the malfunction has not affected the sale prior to the malfunction, the lots will be considered sold. Auction of any remaining lots will be completed upon correction of the malfunction. Bidding of the remaining lots will be open, with no bid positions awarded upon resumption of the auction. Any malfunction by the Bidder's computer or Internet service provider is not the Auctioneer's responsibility. Placing a bid is a binding contract between you and the Owner/Seller. Only the Auction Provider can elect to retract a bid due to extenuating circumstances, such as a gross listing error or server lapse. Once a Bidder places a bid, and the bid is the high winning bid, the Bidder will be obligated to buy the lot at the said price indicated. Placing a bid on this online auction site, and winning, then not paying for the lot is illegal in most states, and prosecution can result. The Owner/Seller of property sold through this online auction site reserves the right to reject any and all bids.
As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding number and password. The security of your Bidder information is your sole responsibility and the Bidder will be responsible for any and all bids placed under the assigned 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 the Auctioneer immediately. Bidders agree that when using the Maximum Bid feature on our online auction they will use it according to the terms and condition applicable to that feature. Please note that when using the Maximum Bid feature, if you are the current high Bidder and if you want to change your Maximum Bid, you will be required to place a new bid in the increment designated for that lot in order to raise your Maximum Bid, which may cause you to raise your last high bid by one bid increment. You as a Bidder understand and agree to how the Maximum Bid feature works if you choose to use it. (Lamen's Terms: If you are already winning the bid on an item and you raise the maximum bid, the software is going to increase the current bid by one increment, so, wait until somebody outbids you before you raise your maximum bid.)
Buyer's Premium: The use of a “Buyer’s Premium” will be implemented at any time prior to the auction beginning. The Buyer’s Premium will be added to the hammer price of each lot to be paid by the buyer as part of the purchase price. The Buyer’s Premium may vary from 3% to 15%. It is the Seller/Owner’s and/or the Auctioneer's choice to use a Buyer’s Premium. The Buyer’s Premium will be clearly advertised on all advertisements regarding the auction.
Bid Retractions: Generally, there are no bid retractions. Once a bid is made and confirmed, it cannot be retracted, unless there was an obvious error. NOTE: NO BIDS WILL BE RETRACTED WITHIN 48 HOURS OF THE AUCTION CLOSING. Some unscrupulous individuals could artificially run up the item's price to scare away all other bidders and then last minute ask for a retraction so that they could get the lot for pennies on a dollar. WE MUST BE FIRM, NO BID RETRACTIONS WITHIN 48 HOURS. We recommend that you just bid several days ahead of closing, this provides us time to correct honest mistakes. But, when a bid is made you manifest your intent and ability to buy the lot at the bid price. A false or fraudulent bid may result in legal action. Any winning Bidder who refuses to purchase the lot may be banned from all future online auctions. Despite efforts to avoid the withdrawal of lots from the online auction sale after they are listed, it may sometimes be necessary to withdraw lots; therefore, the Owner/Seller reserves the right to do so at any time before or during the online auction sale.
Opening Minimum Bids: Bid On Estates will set an opening minimum bid, the Opening Minimum bid protects the Seller/Owner from being forced to sell their merchandise for a sum less than what they intended. The Owner/Seller has the right to set an opening minimum bid. We strive to advise our Owner/Sellers to set the opening minimum bid at the lowest possible amount that they would accept.
Limit of Liability: In no event shall the Auctioneer be liable for lost profits or any damages whatsoever arising out of or in connection with any sale or transaction. Auctioneer reserves the right to reject or void bids, whether winning or not, that the Auctioneer deems not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws. Auctioneer is the one and only judge regarding the determination of winning bidders, and the single deciding authority if disputes should arise, and accepts no liability for any errors or omissions. The Auctioneer reserves the right to reopen bidding on any disputed bids or ties. Auctioneer reserves the right to postpone or cancel a sale without notice; if it is determined that such action is appropriate for whatever reason, it is the Auctioneer's sole discretion. Auctioneer will neither have liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of any sale.
Title and Delivery: Title passes to the high Bidder at the end of the allotted bidding time for each lot. All risk of death, damage, or injury to each lot becomes the Buyer's risk upon the end of the allotted bidding time. Each Buyer, following his or her purchase, will receive an Acknowledgment of Purchase via Email outlining the details of the transaction including payment, settlement and final terms. All Bidders' will be responsible for their own removal of purchased items. All winning bidders will be responsible for their own labor, trucks, trailers, ramps, hand tools, tools, wrapping, boxes, and any other means of removing items from the auction facility.
Registrations and/or Title Papers: Registration and title papers shall be delivered from the Owner/Seller to the Buyer within 45 days of the Buyer's payment clearing the bank or acceptance of final payment. The Owner/Seller is responsible for the transfer of registration papers. The Auctioneer assumes no responsibility for registration transfers.
Payment: Payment for purchases must be made payable to Bid On Estates, unless otherwise noted in the specific online auction's terms and conditions. Buyer must acknowledge and agree not to retract the purchase offer. Buyer shall be responsible for making arrangements for delivery of merchandise. All bids are in US dollars; all settlements will be paid in US dollars.
Authorized Agents: Persons acting as agents must so indicate by a letter or email.
Default of Purchase: If any person shall purchase a lot and fail to pay for it in the manner described above, the Owner/Seller shall have, in addition to all other legal rights, the right to charge the credit card on file for the full amount due, and/or, the right to resell the lot, and/or, at Owner/Seller's option, bring an action for specific performance, in which event the defaulting Buyer agrees to pay all costs of such suit, together with all reasonable attorney's fees and expenses. In the event of a resale, the defaulting Buyer agrees to pay all costs of resale, plus any deficiency between the original purchase price and the total price upon resale. If Buyer brings a lawsuit against Auctioneer and does not prevail, Buyer will reimburse Auctioneer for all reasonable legal fees and expenses incurred in connection with said suit.
Indemnification: Bidders and Owner/Seller agree to indemnify and hold this online auction site, its owner, and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Bidders and Owner/Sellers use of the online auction service, the violation of these terms of service, the infringement of the service using Bidder's computer, or of any intellectual property or other right of any person or entity.
Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our online auction service and your bidding on, listing, purchase, solicitation of offers to purchase and sell lots.
General: This Agreement shall be governed in all respects by the laws of the Commonwealth of Pennsylvania; as such laws are applied to agreements into and to be performed entirely within with in Pennsylvania between Pennsylvania residents. Bidders expressly consent to jurisdiction over any dispute(s) that may arise hereunder or related hereto in the County of Beaver, Commonwealth of Pennsylvania. We do not guarantee continuous or uninterrupted, or secure access to our online auction services and operation of our online auction site may be interfered with by numerous factors outside of our control. If any provision or portion of a provision of this Agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bid On Estates, in our sole discretion, to a third party, in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Bid On Estates provides a venue and mechanism to bring Buyers and Owner/Seller together over the Internet. Since we do not participate in the physical transaction between Buyers and Owners/Sellers, we do not have any control or assume any responsibility for the quality, safety, or legality of the lots advertised, the truth or accuracy of the listings, the right or ability of the Owners/Sellers to sell lots or the right or ability of Buyers to buy lots. Additionally we do not have control over whether Buyers or Owners/Sellers actually complete the transaction. Because user authentication on the Internet is difficult, we cannot confirm the identity of Bidders and we take no responsibility for the validity of each Bidder and/or bid. By using the Service, you acknowledge that Bid On Estates cannot possibly authenticate Bidders validity, and in the event of a dispute between Bidders, you release Bid On Estates, our partners, employees, and agents from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Bid On Estates may amend these terms and condition at any time by posting the amended terms on our Web Site. The amended terms shall automatically be effective 10 days after they are initially posted on our Web Site. These terms and conditions will be reviewed and revised every 6 months beginning August 1, 2013.
Bid On Estates Auction Services 124 Hinds Street Rochester, PA 15074 (724) 704 -0448
Bid On Estates is a Trading Assistant Company and does NOT represent themselves to be Licensed Auctioneers. In PA, it operates as a REGISTERED TRADING ASSISTANT, Under License Number: TRA000074 In OH, as an ONLINE ONLY AUCTION MEDIATION COMPANY. Bonded in Favor of the State of Pennsylvania and Maintaining Adequate Insurance Coverage. Copyright, 2018