Auction Terms & Conditions
OUR TERMS AND CONDITIONS OF SALE
Definitions: Cooper Barrington LLP, who act only as auctioneers and agents for the vendor are called "The Auctioneers". The representative of Cooper Barrington LLP conducting the auction is called "The Auctioneer". "Hammer Price" means the level of bidding reached at or in excess of any reserve when the Auctioneer brings down the hammer. The auctioneers reserve the right to refuse admission to any saleroom used by the auctioneers without giving a reason.
Auction Lots: The auctioneer has absolute discretion to divide any lot, to combine two or more lots, to withdraw any lot, to refuse bids, to regulate the bidding or cancel the sale without giving a reason and without notice. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the general and any special conditions of sale. All catalogue images are the property of Cooper Barrington LLP, if our images are seen to be used for profit or gain on any other online auction sites they will be reported. Vendors entering items into Cooper Barrington LLP's General Sales acknowledge that reserves, online bidding & photographs will be at the sole discretion of Cooper Barrington LLP.
Catalogue/Viewing: The Auctioneers act as agents for the vendor, and as such are not responsible for any default by the vendor or the buyer. Whilst the auctioneers make every effort to ensure the accuracy of their catalogue and the descriptions therein, each lot is sold by the vendor with any faults which may not of been noticed when cataloguing, it is up to the bidder to satisfy himself/herself fully before bidding by inspection or for requesting a condition report prior to the sale.
Health and Safety: Every person attending the auction premises at any time shall be deemed to be there at his or her own risk and shall have no claim against the auctioneers in respect of any accident which may occur, or any injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by any employee of the auctioneers. Vendors of all goods must comply with all Health and Safety Acts and purchasers should check second hand goods purchased through an auction thoroughly by a competent person before use.
Valuations: For referencing and appraisal of lots there is a small fee from £5 per lot but this service is free if the items are subsequently offered for sale in our auctions, any lots withdrawn after they have been catalogued and placed on our website will have a withdrawal fee of the lower estimate on the said item, this will be payable on the removal of the said item(s). Goods accepted for Free collection which are subsequently withdrawn without prior agreement may result in a charge being made for the collection of the remaining goods. Any Lots withdrawn after the publication of the catalogue will be charged Commission based on the lower estimate price. If a visit and a verbal valuation is carried out by one of our valuers to a clients property a charge of £40 per hour + VAT will be payable if the items are not placed into one of our future sales.
Storage: All purchases shall be paid for and removed at the buyer's expense immediately at the end of the sale, failing of which the auctioneers shall not be responsible if the items are lost, stolen, damaged or destroyed, any lots not removed in good time will be subject to a minimum warehousing charge of £2.50 per lot per day. If any lot is not paid for and removed within seven days after the sale, the auctioneers may resell the lot by auction or privately without notice to the buyer. Any liability which there may be on the part of the auctioneers in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot. Any item belonging to a vendor that the auctioneers are unable to sell will be charged £2.50 per lot per day. If the vendor does not reply to a written request for removal within 7 days of the date of letter the warehousing charge will begin. Cooper Barrington LLP is not responsible for delivering the items back free of charge, if return delivery is required a variable charge will be made depending on the location and distance.
Vendors: At all times prior to the fall of the hammer lots and chattels remain the responsibility of the vendor, and thereafter the responsibility of the buyer, and the auctioneers will only be liable for negligence or error in the performance of their obligations. The insurance of lots and chattels is always the responsibility of the owner. The vendor authorises the auctioneers to deduct commission and expenses at the agreed rates from the hammer price, and the purchaser and the vendor acknowledge the auctioneers right to retain the premium payable by the purchaser.
Pay-out: We pay-out on sales 21 days after the auction, you are invited to fill out the Bank Details section on the Auction Entry Sheet, failing to fill in the Bank Details will incur £2.50 for issue of a Cheque.
Buyers/Payment: Buyers should satisfy themselves prior to the auction as to the condition of each lot, and any statement by the auctioneers as to the lot is a statement of opinion only and every person should rely on his/her own judgment as to all matters affecting the lot. Each lot is offered for sale subject to any reserve price placed by the vendor, in which case the auctioneer may bid on behalf of the vendor for all goods which are being offered for sale subject to reserve or at the auctioneer's discretion. The purchaser of any lot shall pay the hammer price plus a premium of 21%+Vat of the hammer price of each lot. No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. In the event of any failure of the buyer to comply with any of the above conditions, the damages recoverable by the vendor or the auctioneers from the defaulter shall include any loss arising on any resale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 8% upon the price of any lot which has not been paid for within 48 hours after the sale, and any money deposited in part payment shall be held by the auctioneers on account of any liability of the defaulter to the auctioneers or the vendor. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in full knowledge of, and agreement with these and any other printed, announced conditions of sale and other conditions of sale as are on display in the sale room and in agreement with such Legal title of each lot will not pass to the buyer until the lot has been paid for in full, the auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined above) has been paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer. The highest bidder shall be the buyer except in the case of any dispute. If during the course of the auction, the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine the advance of bidding or refuse any bid.
Payment Types: The auctioneers can accept payment from successful bidders in cash, debit cards or by the bidder's own cheque with an appropriate cheque guarantee card, Cheques drawn by third parties cannot be accepted. Overseas Bidders paying by Bank Transfer should check with their bank for any fee's incurred due to currency conversions, it is your responsibility to ensure the correct funds are sent to us and no goods are sent unless the full balance owed is settled.
Absentee Bidding: The auctioneers will execute bids on behalf of intending buyers unable to attend the sale at no charge. The auctioneers undertake to purchase lots as cheaply as is allowed by other bids and reserves. Bids must be submitted in writing at least 24 hours before the sale commences and should be entered on the Absentee Bidding Form provided. Whilst every care is taken in carrying out instructions, the auctioneers cannot be held responsible for errors or omissions made in carrying out such bids.
Online Bidding: Cooper Barrington LLP offer a FREE online Live bidding service for bidders who cannot attend the sale. Please note that any lots purchased via Invaluable live auction service will be subject to an additional 5% live fee + VAT at the rate imposed on the hammer price. Bidding on Cooper Barrington LLPs own online bidding platform is FREE from any live surcharges.
Shipping: All client purchases online, via telephone, in the room or via absentee bid(s) that are subsequently shipped at the clients request and become lost by the shipper or courier company after leaving the premises of Cooper Barrington LLP will be the sole responsibility of the client/purchaser. Cooper Barrington LLP will endeavour to recover any losses from the Shipper or Courier Company for the client. Any expenses incurred (i.e. Court costs, solicitor's fees & Cooper Barrington LLP employee time) to recover the said losses will be claimed from any money recovered. If not covered by Insurance or Court award.
Refunds: Refunds will not be given for any lot unless a written condition report was obtained from the auctioneers by the buyer prior to the sale. Any claim under any statute must be received in writing by the auctioneers within seven days after the sale, The buyer has 14 days to return the item, where a full refund will be given providing the item is in the same condition (i:e not dismantled, cleaned, altered or repaired / damaged in anyway) the item should be returned exactly as it was when it had left us.
Non-Payment: Any goods (Auction Lots) purchased online, via telephone, in the room or via absentee bid at Cooper Barrington LLP's Auctions and are not paid for in full within 14 days after the said sale all rights to the said auction lots will either be offered to the under bidder or revert back to the original vendor and will be re-entered into the next available sale, Any losses from Buyer & Vendor Commission suffered by Cooper Barrington LLP will be charged to the purchaser at the rate of commission pertaining to that sale. Also, Cooper Barrington LLP has the right to recover these costs through legal proceedings or debt collection agencies, you will be subsequently be banned from bidding at our auction or online. If any bill is left unpaid after 21 days the matter maybe passed to a third-party debt collection agency to collect the total invoice amount in full, agency fees and Cooper Barrington LLP's Fees.
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.