Auction Terms & Conditions Dispersal Solutions is an Estate Liquidation Company. Enjoy our Auctions as each estate is different and each is exciting! What you may "discover" is endless; pre-owned to new, relics & salvage to vintage classics & antiques and perhaps some treasures & things that may have not seen the market in many years!
TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Outlined below are our Terms and Conditions relevant for Bidding & Buying at Dispersal Solutions Online Auctions.
By bidding you are acknowledging agreement with the terms below.
Do not bid unless you agree to all of these terms.
REGISTRATION & IDENTIFICATION
This a must for EACH individual auction in order to place bids. Basic personal is collected to verify that you are a qualified buyer. Credit Cards are required for this Auction. Your credit card will not be charged unless you win. Dispersal Solutions Inc. directors, officers, employees and sub-contractors may bid on and buy items.
You can choose to be notified by e-mail during the auction if you have been outbid. Please note that outbid notifications are NOT sent out during the last two (2) hours of the sale.
PAYING FOR YOUR PURCHASE
Payment is processed in Canadian dollars immediately after the auction close. The Winning Bidders' credit cards will be charged the winning bid amount, plus applicable buyers' premium as stated in terms of auction and taxes. *ALL invoices totaling over $1,000.00, the first $700 will be processed to your credit card. The remainder will be due by 1) e-transfer to firstname.lastname@example.org prior to scheduled pick-up or 2) bank draft or cash at auction pickup
All Titled Property and Livestock must be paid for with cash, e-transfer or bank draft prior to scheduled pick -up.
**LONG-TIME PURCHASERS** with Dispersal Solutions may request to pay with cash.
WINNING NOTIFICATION & INVOICING
Invoices / Receipts will be emailed to all Winning Bidders within 24 hours of the auction closing.
Invoices / Receipts will contain the EXACT pick-up ADDRESS.
BRING your Invoice / Receipt with you on pick-up day; either a PRINT or DIGITAL copy.
*If you think that you are the top bidder and have not received notice 1) check your "Junk / Spam Folder" , 2) contact Dispersal Solutions within the 24 hours of auction close.
PICKUPS & REMOVALS
Dates and Times are published in the "Auction Details" tab.
Buyers are responisble to schedule their own Pick Up time-slots. Scheduling Links are sent out in Invoice / Receipt emails.
Buyers are responsible for the complete removal of their purchases within these posted time frames.
BRING: Help, Tools, Packing Material, Etc.
All removal will be conducted in a "workman like" manner.
Buyers' will be charged for the full costs of any repairs of damage to property caused directly by buyer and or their agents.
Any item not picked up during the posted pickup times will be considered an abandoned item. Refunds will NOT be given on items that you have abandoned nor will you be able to retrieve your items.
In addition your credit card will be charged for a minimum administration fee of $25.00 and NON PICK-UP Fees of $15 for each small item and $25 for each large / awkward item PLUS applicable disposal fees.
Bidding privileges may be revoked or suspended.
*Please contact our office PRIOR to bidding to see if alternate arrangements may be made. STORAGE Fees of $10 per item will be charged daily for this service.
Dispersal Solutions believes in a safe, supportive marketplace and workspace for our clients and employees and that everyone be treated with courtesy and respect. As such, any abusive or threatening statements or behavior, or other actions deemed inconsistent with these Community Standards in the sole discretion of Dispersal Solutions Inc., may result in revocation of bidding privileges of those responsible without notice.
CONDITIONS OF ITEMS SOLD
All items are sold on an 'AS IS, WHERE IS' basis, untested &/or with or without damage.
Consider ALL items to be Used and Untested unless stated otherwise. Look at the photos and read the descriptions.
Consider all measurements as approximate.
Previews Dates & Times are published in the "Auction Details" tab. We encourage all Registered Bidders to inspect items for their own selves.
We do not guarantee the safety or regulatory compliance of any items, which may include infant and child products. No responsibility is assumed by Dispersal Solutions or the Seller for any errors or omissions.
No claims regarding goods purchased will be allowed. Bidders are reminded that all goods are sold on an 'as is, where is' basis, with all faults.
REVIEWING YOUR BIDS
Check the status of your bids at any time by using the "Auction Catalogue" or the "Bid History" tab.
Please note that no bids can be withdrawn for any reason and that all bids are legally binding and enforceable in Ontario, Canada
Items close every second. To prevent a bidder from 'sniping', all bids made in the last minute of the auction will force an item to stay open for an additional 2 minutes. This will continue until all bidding has ceased.
It is recommended that you put in the maximum bid when placing a bid online. This does not mean you will have to pay the amount you bid; you only pay one bid more than the next highest bid, and only up to your maximum bid. The software system will play out the bids as you would at a live auction and only use the funds required to beat out the under-bidder at the prescribed bid increment.
You can choose to be notified by email during the auction if you have been outbid.
Please note that outbid notifications are NOT sent out during the last two hours of the sale.
ADDITIONS & DELETIONS
We reserve the right to remove and/or add lots and/or items to the sale at any point during the auction.
On occasion bidders may be required to pay a minimum amount in order to win the item.
In the unlikely event of a dispute, you agree to accept as true that the information we have in our records.
PERSONAL & PROPERTY RISKS
We will not be liable for damage or injury to individuals or their property. BY REGISTERING AS A BUYER, YOU AGREE THAT WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE TO THE ITEMS YOU PURCHASED, YOUR OTHER PERSONAL PROPERTY, OR FOR INJURY OR DEATH.
CATALOGUE ERRORS & OMISSIONS
If a description does not match a picture in a lot, the description takes precedence. All items are sold on an 'as is, where is' basis, with all faults. In the event an item was listed in error or an item can't be located during pick up for any reason, the bidder agrees that their maximum recourse is a full refund of the item in question and that all other items bid on remain binding.
You understand that being at the Seller's property at any time other than the preview and pickup times constitutes trespassing. Furthermore, you understand that Sellers are not to be contacted directly. Anyone found to be in violation of this clause will have their bidding privileges immediately revoked and may be subject to investigation by the authorities.
COMPLIANCE WITH LAW
You are responsible for complying with all laws governing the purchase and use of the items that are offered for sale. You must comply with all laws governing the use of our service.
You will indemnify and hold us and our directors, officers, employees, agents and other representatives harmless from any expenses (including reasonable attorney's fees and court costs), losses or damages arising from or relating to your breach of any of your representations, warranties or obligations under these terms and conditions, or your violation of any law or the rights of any third party.
LIMITATION OF LIABILITY
You expressly understand and agree that Dispersal Solutions Inc. and its Consignors 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 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.
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.
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.
Seller User Terms
Bidder User Terms