Auction Terms & Conditions
1. Agreement: By placing a bid in this auction, Buyer agrees to these Terms and Conditions.
2. Refunds: All Sales are Final. No refunds are given under any circumstances.
3. Warranties and Representations: All property is sold AS IS. Ahlers & Ogletree, Inc., for itself and as agent for the seller, makes no warranties or representations of any kind with respect to any Lot. While we make all efforts to be accurate, Buyer agrees that in no event shall Ahlers & Ogletree, Inc. be responsible for the correctness, description, genuineness, authorship, attribution, provenance, period, culture, source, origin, value or condition of any Lot. Nothing being said or done by Ahlers & Ogletree, Inc. shall be deemed a warranty of representation or an assumption of liability by Ahlers & Ogletree, Inc. Disputes on items must be filed within three (3) days of an item's receipt, or twenty-five (25) days of auction completion, whichever is sooner. Disputes will not be investigated beyond these timeframes and transactions will be considered complete.
4. Real Estate: Buyer and Seller acknowledge that they have not relied on any advice, representations, or statement by Ahlers & Ogletree, Inc. or Lee & Associates-Atlanta, other than what is expressly included in these Terms and Conditions, and shall not assert and/or waive any claims against Ahlers & Ogletree, Inc. or Lee & Associates-Atlanta, involving the same. Buyer and Seller agree that Ahlers & Ogletree, Inc. shall not be responsible to advise Buyer and Seller on any matter including, but not limited to, the following: any matter which could have been revealed through a survey, title search, or inspection of property; the condition of the property, any portion thereof, or any item therein; building products, construction, and repair techniques; the necessity or cost of any repairs to the property; mold, hazardous or toxic materials/substances; termites and other wood-destroying organisms; lead-based paint; all property is sold as-is, where-is, and there are no warranties of or by Ahlers & Ogletree, Inc. expressed herein; the availability and cost of utilities or community amenities; the zoning flood plain or wetlands; the tax or legal consequences of this Agreement and transaction; the appraised or future value of property; any existing conditions which may affect the property; the terms, conditions, and availability of financing; the uses and zoning of the property, whether permitted or proposed. Buyer and Seller acknowledge that Ahlers & Ogletree, Inc. are not experts with respect to the above matters and that, if any of these matters or any other matters are of concern to them, they should seek independent, expert advice relative thereto. Buyer and Seller acknowledge that Ahlers & Ogletree, Inc. shall not be responsible to monitor or supervise any portion of any construction or repairs to property, and that such task clearly falls outside the scope of Ahlers & Ogletree, Inc.
- In addition to all of the above, real estate obligations are governed by the Purchase Agreement. The Purchase Agreement is available to potential buyers prior to auction.
- Real Property may be sold as an individual parcel or an assemblage at the discretion of Ahlers & Ogletree, Inc.
- Current owner(s) may occupy existing homes for up to 90 days after the auction.
5. Bid Discrepancies: In case of any discrepancy, from any source, the auctioneer's record is the official record of the sale. In case of any tie bids, the auctioneer's ruling is final. Ahlers & Ogletree, Inc. will have sole and absolute discretion to determine who the successful bidder is and/or may withdraw the Lot or reoffer the Lot for sale, in the event of a dispute.
6. Shipping: Ahlers & Ogletree, Inc. does not provide shipping services at this time. We are happy to provide information about local shippers who can assist you with shipping. Shipping arrangements are solely the responsibility of the buyer.
7. Payment and Pick-Up Policy: Buyer will receive an invoice within three (3) business days after the auction. It is the responsibility of the Buyer to contact Ahlers & Ogletree, Inc. to make payment and remove their merchandise.
- For absentee, online, and out-of-state buyers, full payment and removal of goods is required no later than ten (10) business days from the completion of the auction.
- For local buyers, full payment and removal of goods is required no later than five (5) business days from the completion of the auction.
- For real estate buyers, earnest money of 10% of the invoice total (hammer price & buyer's premium) is due the first business day after the sale by 5pm, with remaining balance due in-full within seven (7) business days by 5pm. Both the earnest money and remaining balance must be paid by wire transfer.
8. Storage and Fees: Failure to remove purchases within the above timeframes will result in Ahlers & Ogletree, Inc. transporting and storing your property, with no liability to Ahlers & Ogletree, Inc., at an off-site warehouse facility. There will be a minimum transportation charge of $50.00, plus an ongoing storage fee of $10.00 per lot, per day, that purchases remain in the storage facility. Merchandise left in storage for more than thirty (30) business days will be considered abandoned and will be sold at our discretion and date of our choosing. If the net resale of a lot (hammer price less 25% commission, all resale, storage, and transportation fees) is greater than $0.00, a check will be mailed to the Buyer's address on file.
9. Buyer's Premium: Buyer agrees to pay Ahlers & Ogletree, Inc. a buyer's premium based on winning bid amounts as follows:
- In-Person, Phone, or House-Absentee Winning Bids: 18% of any winning bid (15% for cash or check payments).
- LiveAuctioneers.com and BidSquare.com Winning Bids: 21% of any winning bid, regardless of payment method.
- Invaluable.com Winning Bids: 23% of any winning bid, regardless of payment method.
- Real Estate Winning Bids: 10% of the hammer price, regardless of payment method.
10. Damages: Buyer assumes full responsibility for any and all items when the hammer falls. Ahlers & Ogletree, Inc. shall have no liability for any damage to property left on its premises after the date of sale.
11. Estimates: Auction price estimates are given on each lot. Estimates should not be relied on as a prediction of the actual selling price or the actual value of any lot.
12. Lot Withdrawals: Ahlers & Ogletree, Inc. reserves the right to withdraw any lot at any time from the auction for any reason.
13. Sales Tax: All purchases are subject to 8% Georgia sales tax unless Buyer has a valid tax exempt certificate on file with Ahlers & Ogletree, Inc. Real estate taxes are subject to standard prorations found in the Purchase Agreement.
14. Failure to Pay: If Buyer fails to pay the balance of the invoice at the close of the auction, or otherwise comply with these Terms and Conditions, Ahlers & Ogletree, Inc. shall be entitled to the following remedies: (1) to recover from Buyer any monetary loss arising on any resale of the Lot (including all costs of any resale or attempted resale); (2) any deposit or partial payment paid by Buyer: (3) to recover from Buyer all of its costs and expenses of collection, including attorney's fees of fifteen percent (15%) of the outstanding balance, interest on the outstanding balance of 1.5% per month and costs; and (4) all other relief and remedies allowed by the law. Georgia law applies and jurisdiction and venue over all disputes involving these Terms and Conditions shall be in Fulton County, Georgia.
15. Payment Methods:
- Personal Property Sales: Ahlers & Ogletree, Inc. accepts checks, wire transfers, and credit cards including Visa, MasterCard, American Express and Discover. There is a flat $15 fee for domestic wire transfers and a flat $16 fee for international wire transfers. We will not release item(s) for shipment until payment has cleared the bank. There will be a $30.00 returned check fee for any and all check payments that are returned.
- Real Estate Sales: Only wire transfers will be accepted as a method of payment.
16. Modifications: Ahlers & Ogletree, Inc. reserves the right to modify, add, or remove any section of these terms and conditions of sale at any time, with or without notice.
17. Registration: By registering and accepting a bidder number for the auction, Buyer agrees to the Terms and Conditions of the Sale as listed above.
- Online, Phone, Absentee, and/or In-house Registration: Ahlers & Ogletree, Inc. reserves the right to request and authorize a credit card provided by all potential buyers up to 20% of the low estimate on all lots listed on phone and/or absentee forms.
- Real Estate Registration: All potential buyers must be pre-approved through the lead broker facilitating the sale prior to registration. Once approved, potential buyers are required to provide Ahlers & Ogletree, Inc. with a refundable deposit of $25,000 in the form of a cashier's check, wire transfer, or credit card authorization. The winning Buyer may apply the deposit to the Earnest Money due. Non-winning buyers will have cashier checks or wire transfers returned to them within 5 business days after the sale. Credit card authorization holds will release 7-10 business days after being placed and cannot be released sooner.
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.