Auction Terms & Conditions
Personal Property Terms: Selling Online Only. Please Review All Online Terms Prior To Bidding. 10% Buyers Premium added to the final bid price to determine final selling price. WE DO NOT SHIP ITEMS LARGER THAN WHICH WILL FIT IN THE LARGEST FLAT RATE BOX OR ENVELOPE FOR USPS. WE WILL NOT SHIP ANYTHING HEAVIER THAN 25 POUNDS. THE BUYER IS RESPONSIBLE FOR ALL SHIPPING CHARGES A $5.00 HANDLING CHARGE AND A 3% CREDIT CARD FEE ALL FEES MUST BE PAID BEFORE SHIPMENT IS MADE NO EXCEPTIONS. Make arrangements to pick-up your items to save on shipping. Pick-up is scheduled for Monday 12TH from 12-5 PM at 3025 Highway 150 W Stanford Ky. 40484
1. Bidding Increments:
Each Mic And Moe Auctions LLC may have different bidding increments. The software will calculate the next bid amount before submitting the bid.
2. Auction Ending:
Mic And Moe Auctions LLC Online Auctions are timed events and all bidding will close at a specified time. Mic And Moe Auctions LLC Online Auctions also have an auto-extend feature. Any bid placed in the final five (5) minutes of an auction, the auction ending will be automatically extended five (5) minutes from the time the bid was placed. Example: If an auction scheduled to close at 1:00 PM receives a bid at 12:59, the close time will automatically extend 1:04. The auto extend feature remains active until no further bids are received within a five (5) minute time frame. The extension time will apply to individual lots only.
3. Outbid Notification:
Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed.
4. Property Information & Inspection:
Mic And Moe Auctions LLC is not responsible for any missing or incorrect listing information. Mic And Moe Auctions LLC has attempted to provide accurate descriptions of all items in the auction. However, it is the bidder's responsibility to inspect the item and determine the condition of each lot. Descriptions that are provided by Mic And Moe Auctions LLC are provided in good faith and are matters of opinion. The only recourse for the buyer of an item or items that are missing or damaged prior to pick up is not paying for the item.
If the pictures displayed with descriptions do not appear to match, contact firstname.lastname@example.org call 606-510-0636 to report the auction date and item number.
5. Sold 'As Is Where Is':
Mic And Moe Auctions LLC and the seller furnish all auction items to buyers 'As Is', unsupported, without warranty of any kind. Mic And Moe Auctions LLC and the seller disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Items are sold in their actual current condition, with all faults and defects, and with all errors of description. Mic And Moe Auctions LLC liability to a purchaser will never exceed the purchase price actually paid for an item.
Bidders accept all auction items ,with all faults, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.
6.Mic And Moe Auctions LLC Discretion
Mic And Moe Auctions LLC has full discretion to modify the date and time, order, and details of the sale of any item or conduct of any auction for any reason or no reason , including but not limited to technical issues, emergencies, and convenience of Mic And Moe Auctions LLC or the selling party. Mic And Moe Auctions LLC reserves the right to modify, change, or remove usernames at any time.
7. Server & Software Technical Issues:
In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Mic And Moe Auctions LLC reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Mic And Moe Auctions LLC shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary by Mic And Moe Auctions LLC
Mic And Moe Auctions LLC reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Mic And Moe Auctions LLC reserves the right to resell any personal property that is not paid for in full by the conclusion of the stated pickup date. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property.
Buyer and or Bidder agrees to hold harmless and indemnify Mic And Moe Auctions LLC and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
9. Buyer's Premium:
There will be a ten percent (10%) Buyer's Premium added to final bid price to determine the final selling price of the auction lot.
Payment must be made before item(s) are removed by the specified date on the auction advertisement. All sales are final. There are no returns, refunds, or adjustments. Mic And Moe Auctions LLC accepts the following forms of payment: Cash, Cashier's Check , Debit card And Credit Cards with a 3% Service charge or 3.00 which ever is greater ,and Money Orders.
11. Auction Cancellation:
Mic And Moe Auctions LLC Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.
12. Bidder Verification:
The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Mic And Moe Auctions LLC will reject the registration, and bidding activity will be terminated. The Seller and Mic And Moe Auctions LLC reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc.
13. Bidder Responsibilities:
Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction company may bid on auction. We gather aggregate information from the web site which may include but is not limited to: number of page visitors, most visited pages, and any and all correspondence.
14. Personal Property Pickup:
All items, must be picked up from the address listed on the auction, as well as the date listed, once Mic And Moe Auctions LLC has received and acknowledged payment in full. Items will not be released to buyers until payment is made in full to Mic And Moe Auctions LLC. Bidders are responsible for rigging, loading, and moving all items purchased without assistance from Mic And Moe Auctions LLC If you are the winning bidder on large items, please bring help and equipment to load the item.
Surveillance and security are on site; please do not enter the property except at the specified preview date and time or by appointment.
If purchases are not settled by the specified pick up day, it will be considered in default. Upon default the bidder will be blocked from bidding on Mic And Moe Auctions LLC auctions, as well as Hibid/Auction Flex auctions and may be charged ten percent (10%) of bid price or five hundred dollars ($500), whichever is greater. All defaulted items may be offered to the next highest qualified bidder at the discretion of Mic And Moe Auctions LLC.
The bidder agrees to pay all reasonable attorney fees and other costs incurred by Mic And Moe Auctions LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of two percent (2%) of the outstanding balance per month be added to any unpaid balance due Mic And Moe Auctions LLC Any dispute will be tried in a court of jurisdiction in Lincoln County Kentucky.
Buying PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
17. Guaranty Agreement:
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Mic And Moe Auctions LLC of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.
18. Limitation of Liability:
If, for any reason, Mic And Moe Auctions LLC is unable to make available or deliver any Purchase, or portion there of, or documentation required in respect of any Purchase at time of pickup, the sole liability of Mic And Moe Auctions LLC if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.
Any dispute between Mic And Moe Auctions LLC its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Lincoln County Kentucky By bidding on any item, buyer agrees to all terms and conditions set forth.
20. Age Requirement:
All bidders must be eighteen (18) years of age or older.
21. Firearms Regulations:
We Do Not Sell Firearms At This Time
22 A. Purchased Items:
All buyers are responsible for making sure that all items purchased are accounted for before leaving the designated pick-up location after the auction has closed.
22 B. Mic And Moe Auctions LLC Believe that all merchandise is an accurate description . However we only state what is on an item and we do not guarantee the authincity of any item we only state what is written on the item.
23 C.Merchandise becomes the full responsibility of the bidder at time of payment and the bidder assumes all risk of loss and damage to property at that time. Mic And Moe Auctions LLC reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.
23. Credit cards, Debit cards
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.