Auction Terms & Conditions
1. I agree to pay in full the bid amount plus buyer's fee and all applicable state and local taxes, with cash or certified check, in the amount owed on any vehicle for which I sign a contract. Full payment of purchase must be received within two hours of the item selling. Terms are cash or certified personal check. Personal Checks will not be accepted unless accompanied by an irrevocable letter of guaranteed credit from the bank stating buying limit and authorized by an officer of the bank. If wire transfer is an option by Silver Collector Car Auctions, there is a $100 wire transfer fee and vehicles are released upon receiving wire transfer. Letter of Guarantee is retained by Auction Company at time of issuing bid pass.
2. All bidders may be required to provide Silver Collector Car Auctions with proof of means to pay for any purchases. Silver Auctions retains the right to require a cash deposit before issuing a bid pass. I give permission for you to obtain my credit information.
3. All vehicles or any other purchases are sold "as is" and without guarantees by Silver Collector Car Auctions. In no event shall the Auction Company be responsible for any guarantees.
4. All statements by the Auctioneers and those statements printed in advertisements are believed to be correct. However, bidders are to examine all cars and other items before bidding and do so upon his or her opinion and examination.
5. The Auction Company is not responsible for correctness of year, genuineness of make, model or options, mileage or any other description of the vehicles. These items are the responsibility of the owner/consignor of the vehicle. You are buying the lot number item presented at auction.
6. All cars are offered for sale subject to a reserve price set by the seller unless otherwise stated, when allowed by state law auctioneer may bid on the sellers behalf up to the reserve price.
7. Ownership of an item passes to bidder when Auctioneer says "sold". At that time the new owner assumes full responsibility of the item.
8. Should any dispute in a bid arise the auctioneer will use his judgment and his decision is final.
9. All vehicles must be removed from the premises by the purchaser at his own expense within three hours of the end of the auction. If it is not removed, the Auction Company may remove and store the vehicle at the purchaser's risk and expense.
10. All state and local taxes apply unless you can meet and prove of out of state residence requirements and/or provide an Automobile Dealer's license and resale tax number. Out of state Purchasers must acquire the necessary transport permits.
11. A purchaser's failure to comply with all of the conditions of the sale entitles Silver Collector Car Auction and/or the consignor to use other available remedies or courses of legal action to hold the purchaser liable. This may include the following:
A. Cancel the sale and retain as liquid damages all payments made by the purchaser.
B. Re-sell the property to a new purchaser at a private or public sale and in any such event the purchaser shall be liable for deficiency plus any incurred attorney fees or court costs.
C. I agree to grant the right of immediate repossession without notice from Silver Auctions or its agents.
12. I agree to pay a storage fee of $10.00 per day to the Auction Company for storage beyond the first banking day following the sale.
13. The Auction Company provides title only. Licensing (including any emissions requirements, vehicle inspections, plate and tabs) is the responsibility of the new buyer.
14. Vehicles guaranteed by the consignor to have less than 100,000 actual miles declared and sold for more than $3,000.00 are guaranteed by the consignor for internal engine components, transmission, and power steering.
A. In the event a guaranteed item does not work, the buyer may request arbitration. All requests for arbitration must be recieved in writing within 24 hours of your high bid.
B. If consignor agrees to repair the problem and it can be done in a timely manner the car remains sold. Silver Auction will control all repairs.
C. Repairs estimated to be less than $200.00 by Silver Auctions are not guaranteed and are the sole responsibility of the buyer.
15. Titles for vehicles purchased are mailed by certified mail to the purchaser on the eleventh (11th) banking day following the close of the auction. Express mail option only available on the twelfth (12th) banking day following the close of the auction and only if the buyer has provided a Fedex account number to Silver. Titles are only released to purchaser on cash transactions at the time of sale. Any title may be delayed up to thirty (30) banking days before it is released to buyer, regardless of method of payment. Note: Vehicles announced Title Delay announced means the title may take up to 90 days to deliver to purchaser.
16. SPECIAL NOTE: As a Buyer of a car at this specialty collector car auction, I "explicitly waive my right to any implied warranty as set forth by state Law." As collector vehicles, these automobiles may not be fit for ordinary driving and reasonably safe and free of defects. This includes but is not limited to tires, brakes, steering, motor mounts, front and/or rear drive units. I agree to inspect each vehicle myself and ask the consignor of the vehicle to describe the condition of each vehicle.
17. Statements about the vehicles on the description sheets are provided by the consignor not Silver Auctions. All statements made by the seller are accepted as reliable. Silver Auctions shall have no obligation to verify seller's statements or claims. Any dispute regarding these statements including mileage must be made directly between consignor and purchaser without effect on the responsibility for paying for the purchase to Silver Auctions.
18. Jurisdiction/Venue-Governing Law. Guarantor acknowledges that Silver is a Washington Corporation with its principal place of business in Spokane, Washington. THE PARTIES EXPRESSLY AGREE THAT THIS CONTRACT SHALL BE CONSTRUED UNDER THE SUBSTANTIVE LAWS OF THE STATE OF WASHINGTON, THAT THE STATE COURTS OF WASHINGTON SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION BROUGHT TO ENFORCE THE TERMS OF THIS CONTRACT OR OVER ANY ACTION ARISING OUT OF THE UNDERLYING TRANSACTION(S) WITH SILVER AND VENUE MAY BE HAD IN THE SPOKANE COUNTY SUPERIOR COURT SYSTEM OF THE STATE OF WASHINGTON.
19. In the event of a dispute, all transactions with Silver Collector Car Auctions, Inc. may be combined together toward resolving the dispute.
20. The auctioneer may announce special circumstances that apply to the legal status of specific vehicles. These announcements are described below and are part of the contract to purchase that specific car. May Require Bonding - Buyer will be responsible for any bonding or licensing required in their own state. Not Street Legal - Buyer understands vehicle is only suitable for off-road use. Note: The following cars are US legal and no special announcement will be made.
A. Vehicle with reassigned VIN tag.
B. Canadian vehicle (except Nevada).
C. Grey market vehicles that have a US issued title.
21. Vehicles over 20 years old and all customized and modified vehicles are considered to have frame damage. Assume all vehicles are non-matching numbers with non-original engines, unknown or exempt mileage unless specifically described otherwise by consignor.
22. Any vehicle announced as a tribute vehicle was not originally manufactured as the vehicle it currently appears to be.
23. Legal Relationships between consignor and high bidder: In the event that the party to any contract(s) concerning said vehicle believes that the terms of a contract have been breeched, then all contract signatures for said vehicle agree, understand and accept that seller and high bidder have entered into a contract with each other and accept that legal action against the offending party is the proper recourse for claims or redress.
24. If any term, condition, covenant, agreement or provision of this contract or the application thereof to any circumstance shall, to any extent, be held by a court of competent jurisdiction or by any authorized governmental authority to be invalid, void or unenforceable, the remainder of the contract shall not be affected by such holding, and the remaining terms, conditions, covenants, agreements and provisions hereof shall continue in full force and effect.
25. Buyers fee of 10%of the bid amount is charged to the buyer of each auction lot sold___________INT.
26. A vehicle's special announcements, if applicable, will be posted on each vehicle or announced on the auction block. I agree that Silver Auctions and consignor shall not be held liable for announced VIN discrepancies or non-conforming titles.
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.