|ONLINE ONLY AUCTION|
|Date & Time:||Auction Ends May 15, 2013 10:00 am EST|
|Location:||Midtown Farmers Market|
3400 Carnegie Ave.
Cleveland, OH 44115
|Categories:||Catalog - ALL ITEMS (201) - BACKROOM (24) - BICYCLE (2) - CASH OUT (2) - CASH REGISTER (1) - CHECKOUT LANE (2) - DELI (51) - DISPLAY (26) - MECHANICAL (3) - MISC (22) - OFFICE (15) - PATIO (1) - PRODUCE (14) - PRODUCT (1) - REFRIGERATION (11) - SECURITY SYSTEM (1) - SHELVING (17) - SHOPPING CARTS (5) - WALK IN (3)|
On Site Inspection: Monday May 13 (11AM-1PM) EST
On Site Pick up: Friday, Sat, & Sun – May 17-May 19 (8AM-4PM each day) & Mon. May 20 (8AM-Noon)EST
Brent Semple, Auction Manager
SITE USE AGREEMENT AND
REGISTRATION TERMS AND CONDITIONS
Bidder and Auction Firm agree that the terms listed below shall govern the online auction.
All registration information the Bidder provides to Auction Firm shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction proceedings.
1. Access and use of any online auction site of Semple and Associates, Inc. (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auction Firm reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
2. PAYMENT: Settlement for payment for purchase must be made by MasterCard, Visa, Amex and Discover Card. Bidders acknowledge and agree not to retract any previously submitted purchase offer.
3. REMOVAL: Buyer shall be responsible for making arrangements for merchandise removal – Auction Company does not provide shipping.
4. DESCRIPTIONS The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements concerning any item/lot shall be construed as a warranty either expressed or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Auction Firm and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auction Firm or Owner/Seller. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, or refund, against Auction Firm or Owner/Seller.
5. The Site User Agreement constitutes the final expression of the parties’ agreement inclusive with the auction terms and conditions. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this offering and transaction and shall NOT apply to the assets that are the subject of these offerings. Auction Firm does not have control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auction Firm is not responsible for the actions the Owner/Sellers and Bidders take before, during, and after the auction, typographical errors, misprints, due to your visit to this auction site. Use of this site is at your own risk.
6. The final highest bidder shall be designated at the end of the auction by electronic mail. If a dispute arises between two or more Bidders, Auction Firm reserves the right to reopen bidding. Auction Firm’s designation of the purchaser shall be final.
7. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auction Firm and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Bidder’s, his agents or representatives, use of the Site.
8. This Site User Agreement constitutes a binding agreement between Bidder and Auction Firm until terminated by Auction Firm, which Auction Firm may do at any time, without notice, in Auction Firm’s sole discretion. If Bidder dissatisfaction occurs with the auction proceedings in any way, Bidder's only recourse is to immediately discontinue use of the auction Site.
9. Auction Firm gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions.Auction Firm does not sell or rent this information.
10. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to pay for the purchase at the said price you indicated as your bid, including the additional buyer premium. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution/damages can result.
11. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your 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 Auction Firm immediately.
12. The Maximum Bid feature allows Bidders to set a maximum amount they will bid for an item, without having to check back to the website. The computer will automatically bid for you in the next increment once your previous bid has been surpassed. Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the specifications Auction Firm has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works.
13. BID CHANGES/CORRECTIONS:
14. INCREASING YOUR OWN BID/BIDDING ERRORS: Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids once submitted. If you mistakenly increase your own bid, place your bidder number in the bid field, or if you make a typo you must immediately contact our office by email. Use the contact sheet on our website (we must have your request in writing).
15. STAGGERED CLOSING: The online auction closes 25 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.
16. DYNAMIC CLOSING: The closing time of an asset is automatically extended an additional 2 minutes whenever a bid is placed within the last 2 minutes of the asset's closing time.
17. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auction Firm. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
18. There will be a 15% buyer premium added to all winning bids. By example, if you are the successful Bidder on an item at $100.00 your credit card will be charged $115.00.
19. Your Internet bids are a contract and you are responsible for honoring them. A Visa, Mastercard, Amex or Discover credit card must be used to register to bid at the auction. If the terms of the auction are not followed or the winning bidder does not close the transaction, this bidder agrees to allow Auction Firm to charge the credit card used in registration a $1000 non-performance fee.
20. Bid Notification: If you have been outbid you will be notified by email ONLY UNTIL the last day of the auction --- starting at midnight EST the night before the ending of the auction notices are not sent.
21. Winning Bidder Notification: You will be contacted by email ONLY (you are responsible for checking your email AND adding us to your OK list if you have a spam blocker) If you feel you have won an item and have not received an email you must notify us by email no later than 9am the next day. If you do not receive a paid email invoice then you did not win any items at the online auction.
22. Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released with out a paid email receipt.
23. Catalog Inaccuracies: You are bidding on the described item not the photo - occasionally the wrong photo is displayed. Always read the item description. For demonstration purposes some equipment may be joined together. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
24. DISCLAIMER; The auctioneer reserves the right to add or remove items from the auction, Split or combined lots, Add minimum bids or reserve prices, Cancel, suspend, extend or reschedule an individual item and or auction event, or Make change’s to the auction closing times or inspection or removal times. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auction Firm and the Owner/Seller reserve the right to do so at any time before or during the sale.
25. IMPORTANT! The Auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchase, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
26. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
27. Auction Firm shall not act as the buyer’s security agent and assumes no responsibility for purchases made by buyer.
28. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Batavia, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auction Firm may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio necessary to protect the rights or property of Auction Firm pending the completion of arbitration. You and Auction Firm are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement. Liability: Bidders agree that the Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.
29. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Ohio applicable to contracts entered into and to be performed entirely within the State of Ohio. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auction Firm’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
NOTE: The minimum bidding increment is $1.00
YOUR USE OF THIS AUCTION SITE MARKS YOUR ACCEPTANCE IN FULL OF THESE TERMS AND CONDITIONS.
|Contact:||Semple and Associates, Inc.|
278 N. Third St.
Williamsburg OH 45176
Phone: 513-724-1133 or 800-783-6113