Auction Terms & Conditions
BUYING AT AUCTIONS IMPERIAL
Auctions Imperial is pleased to assist in making your experience a positive one. We are dedicated to offering the very finest arms, armor, and historical artifacts to add to your collection. To begin, search our catalogue, either in print or on our website at Auctionsimperial.com, for the items you are interested in purchasing. Examine them during the pre-sale exhibition and/or speak with one of our specialists and decide how much you want to invest.
There are four basic steps to purchasing at Auctions Imperial:
1. Bidder registration
2. Placing a bid
3. Settling your account
4. Picking up your property or arranging for shipping
A bidder registration form is provided with each catalog and is also available on our website. Fill out the form completely and submit it online or return it directly to a member of our staff. You will then be issued a client number.
bidding in person
To bid in person, you will need to complete the bidder registration form and collect a numbered paddle before the auction begins. You will also need a government-issued proof of identity, such as a driver's license or passport. You will also be asked for your address, telephone number, credit card number and signature in order to create your account. If you are bidding on behalf of a third party, you will need to provide a notarized affidavit from that person authorizing you to bid on his/her behalf.
To place your bid, simply raise your paddle until the auctioneer acknowledges you. You will know when your bid has been acknowledged; the auctioneer will not mistake a random gesture for a bid. The bidding increments are determined by the auctioneer, and will usually not exceed ten percent of the previous bid. The auctioneer will take increasing bids on each lot, until only one bidder remains. The final bidder purchases the lot. A sale lot may have a reserve, which is the confidential minimum selling price previously agreed upon with the seller. If the bidding fails to reach the reserve price, the lot will remain unsold.
If you are unable to attend the auction in person, Auctions Imperial will be happy to execute written bids on your behalf. This service is free and confidential. You may place absentee bids on our website at www.auctionsimperial.com, or by using the absentee bid form at the back of each catalog, also available as a download on Auctionsimperial.com. Use this form to submit the maximum bid amount you are willing to make. Your absentee bid form must also contain the information required for registration; we will contact you prior to the auction to confirm your identity.
Completed absentee bid forms may be returned to the bid department at Auctions Imperial online or in person with any client service staff member. Auctions Imperial must have received the bid form at least 24 hours prior to the start of the auction in order to place bids on your behalf.
When we execute an absentee bid on your behalf, the lot will always be bought for the lowest increment that exceeds all competing bids and which meets or exceeds the reserve price. In the event of identical bids, the earliest received will take precedence. Auctions Imperial requires all non-US bidders to advance a deposit equal to 1/3 of the value of bids placed.
We are unable to execute "Buy" or unlimited bids.
Written and telephone bids are offered as an additional service at no extra charge, and at the buyer's risk. Auctions Imperial cannot accept liability for failure to place such bids.
Successful absentee bidders will receive an invoice after the auction.
For most auctions, you may also use the absentee bid form to register for telephone bidding. Based on the information you provide on the form, an Auctions Imperial representative will contact you from the saleroom prior to your specified lot(s) and will relay your bids to the auctioneer. As the number of telephone lines is limited, it is necessary to make arrangements for this service at least 48 hours before the sale.
Telephone bids are accepted at the sole discretion of Auctions Imperial and at the prospective buyer's risk. Telephone bidding lines may be recorded for the security of both parties, and by bidding on the telephone prospective buyers consent thereto.
Auctions Imperial accepts Internet bidding via LiveAuctioneers. You must pre-register through LiveAuctioneers at least 48 hours prior to the auction in order to bid online.
buyer's premium & tax
Please note that Auctions Imperial Buyer's Premium and any local taxes will be payable on successful bids. Thus the "hammer price" - the actual winning bid - is less than the amount the purchaser will pay. Consult an Auctions Imperial representative for more information before placing a bid. The buyer will be responsible for any duties or VAT required upon importation into another country.
You may pay in cash (may be subject to certain restrictions and legal limits), check, money order or wire transfer. We also accept Visa, MasterCard and American Express (subject to certain restrictions and fees). Contact Auctions Imperial to determine payment methods. Overseas wire transfers must be received in the full USD amount and will incur a wire transfer fee.
You may pay for your purchase immediately after the auction by going to the cashier onsite, or an invoice will be mailed to you within three days of the sale. Auctions Imperial must receive payment in full within 14 days of the sale. If you pay by check, we ask for your patience as your purchase will only be released upon notice that your check has cleared. Payments must come from the invoiced party only - Auctions Imperial is unable to accept third-party payments.
pickup and delivery
Pickup and Delivery
Upon payment, you may pick up your purchases at the auction location or arrange to have them shipped. All purchases should be picked up or shipped within ten business days after the auction. After that time, your property will be subject to a handling charge and you may be charged for storage. If you will require shipping of your lot(s), please make arrangements following the auction and advise us promptly. Auctions Imperial also provides in-house shipping at a reasonable fee, based upon package size rather than the number of lots or weight of the package.
Packing and shipping within the United States:
Boxes 6" x 6" x 24" $38 ea.
Boxes 6" x 6" x 48" $58 ea.
Boxes 12" x 12" x 48" $88 ea.
Packing and shipping to Europe:
Boxes 6" x 6" x 24" $175 ea.
Boxes 6" x 6" x 48" $195 ea.
Boxes 12" x 12" x 48" $395 ea.
terms and conditions
All prospective buyers are reminded that they are bound by Auctions Imperial Terms and Conditions, details of which may be found at the back of all Auctions Imperial catalogues.
SELLING WITH AUCTIONS IMPERIAL
If you have arms, armor or related items you wish to sell, whether an entire collection or a single item, Auctions Imperial's specialists will assist you through the entire process, which is simple and straightforward.
First, it will be necessary for you to have your property evaluated by our specialists. Depending on your location, you may arrange to meet with one of our specialists in person. This can be done by appointment, whereby we will be pleased to meet with you, conduct an evaluation, and provide you with a preliminary auction estimate. To arrange an appointment, call us at +1(323)851-2345 or email email@example.com.
It is also possible to have a basic valuation done by mail, or by email. To obtain a mail evaluation, please print and fill out an auction estimate request form and (e)mail it to us along with clear, detailed photos of your item(s). Due to the high volume of requests we receive for valuations by (e)mail, we ask that you please be patient. We will respond to your auction estimate request at our earliest opportunity. It is very important to Auctions Imperial to provide honest and accurate information; accordingly, we cannot rush valuations.
deciding to sell
Based on the valuation's results, you and Auctions Imperial's specialists will decide whether your property is appropriate for sale at our auction. We will also recommend an appropriate venue and possible sale timing. If you decide to proceed, you will sign a contract, and Auctions Imperial will take the property in for cataloging and photography.
To the extent that we are able, we will be pleased to help you arrange to have your property delivered to our offices, if necessary. In some cases, we may be able to arrange to pick the property up at your location. As the consignor, you are responsible for packing, shipping and insurance charges.
The Consignment Agreement covers two important issues that will affect your bottom line: the reserve price and Auctions Imperial's commissions.
The reserve is the confidential minimum selling price to which a consignor (you) and Auctions Imperial agree before the sale - your property's "floor" price, below which no bid will be accepted. If bidding on your item fails to reach the reserve, we will not sell the piece and will advise you of your options. It is important to consider the reserve price carefully, since Auctions Imperial will assess buy-back fees and handling costs for unsold lots.
Sellers will pay a commission that is deducted, along with any agreed-upon expenses, from the hammer price. Should you have any specific questions regarding the selling commission, please call one of our specialists for more information.
Shortly after the sale, you will receive a listing of the final hammer price for each item you consigned. We will send payment within 35 days from the date we are in receipt of the buyer's payment.
This consignment agreement, referred to herein and hereafter as "this Agreement" states the terms of the parties' agreement with respect to personal property, herein and hereafter referred to as "the Property", consigned to Auctions Imperial, LLC, herein and hereafter referred to as "Auctions Imperial" by the seller identified below, herein and hereafter referred to as "the Consignor". The Property is listed on a Property Inventory Form attached to this Agreement, executed separately or properly identified as being subject to this Agreement. The Consignor agrees to offer the Property for sale at public auction, subject to the terms set forth in this Agreement. While Auctions Imperial cannot guarantee any sale price in a public auction format, it agrees to use its professional skill, knowledge and experience to the best advantage of both parties in preparing for and conducting the sale of the Property. Auctions Imperial will act as sole agent in any transaction between the Consignor and the eventual buyer.
1. exclusive rights of sale. By consigning the Property, the Consignor agrees to grant to Auctions Imperial the exclusive right to market and sell the Property in accordance with the following terms. The contract shall remain in effect until 60 days after the public auction transpires. If the Property does not sell at auction, Auctions Imperial may sell the Property at the low value estimate provided in the catalog for a period of 30 days following the public auction. If the Property still has not sold upon the expiration of said 30-day period, Auctions Imperial will accept offers on the Property for an additional 30-day period, during which these offers may then be accepted or declined at the Consignor's discretion. After 60 days have elapsed following the public auction, if the Property has not sold, the Consignor may elect to, A) have the Property returned at the Consignor's expense, or B) re-consign the Property for the next auction to be held by means of signing a new Agreement.
2. commissions and fees. For Auctions Imperial's services, which may include preparing the Property for sale, describing the Property, photographing the Property, listing the Property, communicating with prospective buyers about the Property, closing the sale, accepting payments for the Property, and shipping the Property to the buyer at their expense, the Consignor shall pay Auctions Imperial a percentage of the final sale price of the Property as set forth in section 12.
3. additional fees. The Consignor will be held responsible for additional fees as set forth in the rate chart in section 12.
4. insurance and limitation of liability. Auctions Imperial shall provide insurance coverage on the Property in its possession until the auction is concluded and possession of the Property is transferred either to the buyer or to the shipping carrier. Unsold items are covered at net replacement cost. Sold items are covered at invoice price. The filing of any insurance claims arising from the damage of the Property during shipment or transportation to the buyer shall be the responsibility of the buyer.
5. responsibilities and limitations of the consignor. Along with the submission of the Property, the Consignor shall provide Auctions Imperial with any and all information pertaining to the Property which shall include, but not be limited to, written descriptions, provenance, history, authorship, period, culture, source of origin, quality, rarity, existence of copyright or other proprietary or intellectual property rights pertaining thereto, condition/damage reports, estimates of value and such other information as Auctions Imperial may from time to time require of the Consignor. The Consignor shall deliver the Property to Auctions Imperial in clean and saleable condition.
6. method of sale. (A) Timing of auction. Auctions Imperial shall retain full control over the timing, method, location and type of auction to use in selling the Property, including the use of reserves. Auctions Imperial shall have complete discretion as to the date(s) of sale of the Property and may, at its discretion, display photos or descriptions of the Property either in print or on internet sites, both during and after the sale of the Property.
7. settlement of account. No later than 35 days after the net proceeds have been received and collected from the sale of the Property, Auctions Imperial shall pay the Consignor after deducting any fees or commissions due, electronic transfer fees, sales and other applicable taxes, as appropriate and any other expenses, fees and charges due hereunder or required by law, provided that no claim has been made against any of the Property or proceeds of sale, that there are no funds due Auctions Imperial from the Consignor for whatever reason and further provided that the buyer has not given notice of intent to rescind the sale. The sale shall be deemed complete when payment in full is received by Auctions Imperial from the buyer.
8. seller's warranties and indemnity. (A) Warranties. The Consignor represents and warrants to Auctions Imperial that: (1) The Consignor has the right, power and authority to consign the Property for sale and to enter into this Agreement and to perform all obligations herein; (2) the Property is, and, until sold, shall remain free and clear of all liens, encumbrances or claims of third parties of any kind whatsoever; (3) good title will pass from the Consignor to the buyer upon sale; (4) there are no restrictions on Auctions Imperial to reproduce photographs of the Property; and (5) the information the Consignor has provided to Auctions Imperial in the Agreement is true and correct. The Consignor acknowledges and agrees that Auctions Imperial will rely upon the accuracy and completeness of the foregoing warranties. (B) Indemnity. The Consignor shall defend, indemnify, and hold harmless, Auctions Imperial and its members, managers, employees and agents, against any and all claims, actions, damages, losses, liabilities and expenses (including reasonable attorney's fees for counsel of our choice) arising out of or resulting from any and all claims raised by the buyer of the Property, including but not limited to, ownership or right to possession of any of the Property, any alleged breach by the Consignor of any obligation, representation or warranty pursuant to this Agreement or from Auctions Imperial's offering for sale or selling the Property, whether or not it has been returned to the Consignor. Auctions Imperial shall retain full copy, reproduction and photographic rights to any pictures taken during any and all processes and transactions, even if the transaction is withdrawn, cancelled, substituted or changed in any way. The Consignor's warranties and indemnification shall survive the completion of the transactions contemplated by this Agreement, and shall apply to the Property sold or consigned for sale pursuant to this Agreement.
9. withdrawal by consignor. The Consignor agrees that Property placed in the sale may not, for any reason, be removed by the Consignor after this Agreement has been signed, without the signed written consent of Auctions Imperial. The Consignor shall not attempt to sell or dispose of the Property by any other means during the period of this Agreement. A breach of this paragraph shall be grounds for Auctions Imperial to impose a penalty fee of 10% of the reserve price on the Consignor, and if this is unpaid, to place a lien upon the Property.
10. auctions imperial's right to withdraw property from sale. Auctions
Imperial shall have the right to withdraw the Property at any time prior to the sale if, in its judgment, (1) there is doubt as to the information provided by the Consignor, (2) the information provided by the Consignor concerning the Property is inaccurate, (3) the Consignor has breached or it is anticipated it will breach any provision of this Agreement, or (4) Auctions Imperial has doubt about title to the Property or the authority to pass clear title to the Property. Withdrawal of Property pursuant to this paragraph shall be the basis for immediate termination of this Agreement.
11. reserves. A reserve is an agreed upon confidential price between Auctions Imperial and the Consignor, below which the lot shall not be sold. Reserve prices are negotiated and agreed upon at the time the Agreement is prepared, and must be noted on the attached Property Inventory Form at the time of signing. Reserves may not be increased after the Agreement has been executed, but they may be decreased by the Consignor at any time prior to the day of the auction, provided this instruction is submitted in writing and properly signed by the Consignor.
12. fee schedule.
a. Costs Paid by the Consignor
i. Seller's commissions payable to Auctions Imperial in the percentage stipulated on the Consignment Contract.
ii. Packing and shipping costs to Auctions Imperial or a receiving agent designated by Auctions Imperial.
iii. Packing and shipping costs to the Consignor for return of any unsold lots.
iv. There will be a buy-back fee payable to Auctions Imperial on lots that do not meet the reserve price. The buy-back fee shall be 10% of the reserve price. This fee may be waived at the sole discretion of Auctions Imperial.
v. Storage and insurance costs on unsold lots not re-consigned or removed after a period of 14 days following the auction to which they were consigned.
b. Costs Paid by Auctions Imperial
i. Insurance and/or storage costs from the date of receipt by Auctions Imperial through the prescribed removal period stipulated in the Buyer's Agreement.
ii. Advertising, promotion and/or marketing costs.
iii. Merchant fees.
iv. Transport/shipping costs from Auctions Imperial to the auction venue.
c. Costs Paid by the Buyer
i. Buyer's Premium due to Auctions Imperial.
ii. Shipping costs to the Buyer.
iii. Storage/insurance costs beyond prescribed removal period stipulated in the Buyer's Agreement.
iv. Sales taxes, duties, VAT's, licensing or other fees required for or associated with legal export.
13. no bidding by consignor. The Consignor is prohibited from bidding on his/her own Property or from enlisting an agent to so bid on his/her behalf.
14. presale estimate. The presale estimate is not a guarantee but an educated judgment of what the selling range is likely to be. Auctions Imperial makes no guarantee, express or implied, with regard to the final selling price of the Property, and does not guarantee that the Property will sell at any price.
15. removal of unsold property. Unsold Property must be removed or re-consigned by the Consignor within a period of 14 days following the auction to which it was consigned. After 14 days, the Property will be stored and insured at the Consignor's expense for an additional period, not to exceed 45 days, following the 14th day after the date of the auction to which the Property was consigned, at a cost of $15 per day. If the Property is not removed or re-consigned after expiration of this period, in total 60 days following the date of the auction to which it was consigned, the Property shall be considered abandoned by the consignor and full title to it will pass to Auctions Imperial with no further conditions, and shall be disposed of at the sole discretion of Auctions Imperial.
16. miscellaneous. (A) This Agreement and any and all signed schedules or attachments hereto, including all information submitted by the Consignor, and other document(s) executed by the parties concurrently herewith, along with the Conditions of Sale attached hereto, constitute the entire agreement between the parties with respect to the Property and supersedes any and all prior negotiations or agreements regarding the Property. (B) Except as otherwise specified herein, no modification or amendment of this Agreement shall be binding unless contained in a writing signed by the party to be bound thereby and no waiver, promise or representation by Auctions Imperial or any of its agents or representatives shall bind Auctions Imperial unless contained in a writing signed by Auctions Imperial. (C) Any notice given hereunder must be by email, fax or in writing, and written notices shall be deemed effective upon deposit in the U.S. mail, postage prepaid, if addressed to either of the parties at their respective addresses indicated below. (D) If any part of this Agreement is deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. (E) Except as provided by law, nothing contained in this Agreement shall be construed as any agency, partnership or other joint enterprise between the parties. (F) For purposes of this Agreement, faxed signatures shall be deemed original signatures. Electronic signatures or agreed upon alternative electronic confirmation of agreement to any issue, change or addition shall be binding as an original signature as provided by law. (G) The parties acknowledge that they have carefully read this Agreement, understand the contents thereof, and sign this Agreement as their own free act and deed. (H) This Agreement shall be interpreted and enforced pursuant to the laws of the State of California.
grades of condition
Auctions Imperial incorporates the following criteria for grading of condition:
Condition I. Excellent - Fine condition, without apparent repairs or restorations.
Condition II. Very Good - Showing minor age wear, without apparent repairs or restorations.
Condition III. Good - Light to moderate age wear, may have minor defects, with possible repairs or restorations.
Condition IV. Fair - Item with moderate to heavy age wear.
Condition V. As Found - Item with heavy wear, possibly significant defects
Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer. Such bidder thereupon assumes full risk and responsibility for the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full purchase price therefore or such part upon such terms as the Company may require. All property shall be paid for and removed by the purchaser at his/her expense within ten (10) days of sale and, if not so removed, may be sold by the Company, or sent by the Company to a public warehouse, at the sole risk and charge of the purchaser(s), and the Company may prohibit the purchaser from participating, directly or indirectly, as a bidder or purchaser in any future sale or sales. The Company will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in the Company's possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to the Company and the Consignor (including without limitation the right to hold the purchaser(s) liable for the bid price) the Company, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the purchaser(s), or resell the property. In such event, the purchaser(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and the Company's commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by the Company. Checks will not be deemed to constitute payment until cleared. The Company will charge interest of one and one-half percent (1 1/2%) per month on any balance remaining thirty (30) days after the day of sale. Any exceptions must be made upon the Company's written approval of credit prior to sale.
Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve price below which the lot will not be sold. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the Broker's Commissions, and all sales are subject to any such interest.
No "buy" bids shall be accepted at any time for any purpose.
Any pre-sale bids must be left in writing with the Company prior to commencement of offer of the first lot of any sale. The Company's copy of any such bid shall conclusively be deemed to be the sole evidence of same, and the Company shall not be held responsible for any failure to execute any pre-sale bid.
A buyer's premium will be added to the successful bid price and is payable by the purchaser as part of the total purchase price. The buyer's premium is 17% of the successful bid price up to and including $200,000, and 12% on any amount in excess of $200,000.
Unless exempted by law from the payment thereof, the purchaser will be required to pay any and all applicable state and/or local sales taxes or VAT's. Deliveries to be made outside the state where a sale is conducted may therefore be subject to a corresponding or compensating tax in another state.
Non-paying bidders shall be pursued t the full extent of the law and will be barred from participating in future auctions.
10061 Riverside Drive
Toluca Lake, Ca., 91602
Tel. +1 (323) 851-2345
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.