Auction Terms & Conditions
THIS IS AN INTERNET ONLY AUCTION
1. BIDDER TERMS AND CONDITIONS: We advise all bidders to read the Terms and Conditions of the Sale before bidding with Mark S Knoch Auction Servics, LLC. Those who bid are bound by those Terms and Conditions of the Sale, as amended by any oral announcement or posted notices, which together form the contract of the sale between the successful bidder (purchaser), Mark S Knoch Auction Services, LLC and the seller (consignor) of the lot. All bidders must meet Mark S. Knoch Auction Services, LLC qualifications to bid. Any bidder who is not in good standing with Mark S. Knoch Auction Services, LLC may be disqualified or declined with such determination made by the Auction Co. in its sole and unlimited discretion, at any time prior to, during, or after the close of the auction.
2. TERMS OF SALE: When bidding on any lot offered by Mark S Knoch Auction Services, LLC, the bidder indicates acceptance of the following Terms of Sale. Any participation in the auction binds you to agreement of these terms whether or not you read or understand said terms.
3. CONDITION OF ITEMS: Mark S Knoch Auction Services, LLC makes every effort to accurately describe all items offered in its sales, however all items for sale are sold AS IS, where is, with all faults, and it is the bidder's responsibility to determine the exact condition of each item. Mark S Knoch Auction Services, LLC will not be held responsible for typographical errors. Neither we nor the consignor make any guarantees, warranties, or representation expressed, or implied, in regard to the property or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been restored. The consignor and we make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. Returns will not be accepted under any circumstances. All items will be available for preview either on a given date and time or by calling the auctioneer to schedule an appointment.
4. ITEM DESCRIPTION: Be sure to read the descriptions before bidding. You are bidding on the item described not the picture. Occasionally a wrong photo may be displayed or the photo may show other items in it that are not included with the item. As stated earlier all items are sold AS IS, Where is without warranty or guarantee. No returns for any reason will be accepted.
5. BIDDING RIGHTS & RESPONSIBILITIES: The auctioneer will determine the highest bidder. The auctioneer alone has the right to reopen the bidding of an item if deemed necessary due to a dispute. For a webcast sale If there is a tie bid between the floor and Internet or absentee bid, the floor bid takes precedence. Mark S Knoch Auction Services, LLC and its representatives reserve the right to remove those attendees who impede preview and/or the auction. Title to all merchandise shall pass to the highest bidder at the fall of the auctioneer's hammer. The buyer will then assume all risk and full responsibility of the lot purchased once ownership has changed.
6. BIDDING PROCUDURE AND ERRORS: If you are immediately outbid when you place your bids, then you are likely bidding against a maximum bid.. Buyers use maximum bids as they have seen the convenience and do not risk missing the opportunity by placing only real time bids on items. While the auction is closing click on the FLASHING LIVE CATALOG link to see the lots closing in order with auto refreshing. If you bid on the wrong item or place an incorrect bid please contact us immediately by calling 419-979-9051. While we will make every effort to correct the error we cannot guarantee that we will be able to reverse the bid as many factors such as time of sale left, other maximum bids, etc... Always check over your bids before submitting them as once you submit them you agree to purchase the item if you are the winning bidder.
7. AUCTION CLOSING: As in a "live" auction when a bid has been placed the other bidder has a chance to place another bid. If you place a winning bid within the last two minutes of the items closing time then that item will extend a full two minutes to allow the other bidder that has been outbid a chance to bid again. This will be repeated until no bids are placed in that two minute time frame. If you have been outbid you will be notified by email up to the time that the auction begins to "close".
8. WINNING BIDDER NOTIFICATION: You will only be contacted via email if you win an item. If you feel you have won an item but have not been contacted please call us at 419-979-9051. The email will include your paid invoice or for larger items your paid invoice for your down payment. It could take up to 2-3 hours after the close of the sale to receive your invoice.
9. RESERVES: Majority of smaller items will not have a reserve but on occassion some of the larger items will have a reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. All items in this sale are offered subject to reserve according to the above statement. Mark S. Knoch Auction Services, LLC holds the rights to pass, sell, or hold the sale subject to seller confirmation on any and all items in this auction.
10. BUYER'S PREMIUM: A 5% buyer's premium will be added to each purchase. For example, if you bid $100.00 on an auction with a 5% buyers premium, you will be charged a total of $105.00
11. PAYMENT: For invoices totaling under $1000 your credit card automatically be charged at the conclusion of the auction for the entire amount of your purchase(s). For invoices totaling over $1000 your credit card will automatically be charged a $500 down payment with the remaining balance being due at the time of pick-up or when shipping has been arranged by using one of our accepted methods of payment. If no arrangements have been made within 48 hours then the remaining balance will be automatically charged to the card on file.
PAYMENT METHODS: We accept Visa, MasterCard, Discover, Personal Checks/Certified Checks, Money Orders and Cash
CHECK - There will be a $30.00 service charge for returned checks. Make checks payable to: Mark S Knoch Auction Services, LLC. Mark S Knoch Auction Services, LLC reserves the right to hold items and/or titles paid for by personal or company check until said check clears (14 days). Customers who have an established successful buying history with Mark S Knoch Auction Services, LLC may be exempt from this. In the few situations where a successful bidder does not remit payment when due, Mark S Knoch Auction Services, LLC will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation.
CREDIT CARD AUTHORIZATION: Mark S. Knoch Auction Services, LLC requires a $1 credit card authorization to register online for the sale. The $1 is not charged but is held by your credit card company for the length of 3-5 days to verify the credit card.
SALES TAX: Local Ohio sales tax will be added only if it is specifically stated in the auction description. Unless otherwise noted no tax will be added.
TIME OF PAYMENT: For invoices totaling under $1000 your credit card automatically be charged at the conclusion of the auction for the entire amount of your purchase(s). For invoices totaling over $1000 your credit card will automatically be charged a $500 down payment with the remaining balance being due at the time of pick-up or when shipping has been arranged by using one of our accepted methods of payment. If no arrangements have been made within 48 hours then the remaining balance will be automatically charged to the card on file.
12. SHIPPING: Knoch Auctions does not ship items. We recognize that many bidders may require shipping services. If this is the case then those arrangements need to be made by the buyer and then communicated to Knoch Auctions. All items must be picked or scheduled to be picked up within 7 days of the close of the sale or a storage fee will be assessed for each day after until it is picked-up.
13. TAKING ITEMS AFTER AUCTION: Items paid for must be packed, transported and/or removed by the purchaser at his/her own risk after the close of the sale. If any employee or agent of Mark S Knoch Auction Services, LLC shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the purchaser. Mark S Knoch Auction Services, LLC shall not be held liable for any loss or damage that may be caused by the said agent or employee.
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.