Auction Terms & Conditions
TERMS OF SALE AGREEMENT
Sale by Public Auction
REAL PROPERTY, COMMERCIAL CONDOMINIUMS
333 School Street, Pawtucket, RI
Unit 302 & Unit 306
Online Auction, July 16-July 17
PROPERTY BEING SOLD: Real property located at 333 School Street, Unit 302 Pawtucket, Rhode Island (Plat 71, Lot 0433)&333 School Street Unit 306, Pawtucket, Rhode Island (Plat 71, Lot 0436) together with any and allbuildings and improvements situated thereon (collectively, the "Property"). Properties to be sold separately.
Notice: All persons, bidders, interested parties, registered bidders or persons intending to bid orpurchase the Property at this auction sale agree that they have read and have full knowledge andunderstanding of these terms and agree to be bound by these terms. The Property is being sold"AS-IS", "WHERE-AS" and "WITH ALL FAULTS" and as more particularly set forth in thisTerms of Sale Agreement (the "Agreement"). All persons attend this sale at their own risk. Theterm "Auctioneer" shall mean SJ Corio Company together with its officers, directors, employees,agents and assigns. The term Seller (as hereinafter defined) means the Seller together withits officers, directors, employees, agents, shareholders, partners, members or affiliates andassigns. The term "Purchaser" means any bidder, registered person, company or business whoexecutes this Agreement.
1) IDENTIFICATION OF BIDDER: All bidders must register and obtain a bidder's
number. Each bidder is required to give full name and address together with any other
reasonable information requested by the Seller and/or the Auctioneer and shall be required tocomplete and sign this Agreement without the provision of a purchase price prior to bidding soas to certify that the bidder has read, understands and accepts the terms of sale herein.
2) DEPOSIT: Each purchaser or bidder will be required to make a deposit in cash, check(bank certified) or wire transfer in the amount of FiveThousand ($5,000) Dollars (the"Deposit"). Any bidder(s) who declines to give the Deposit at the time of registration will not beallowed to bid whatsoever in connection with the Property on the date hereof. Deposits must be delivered to the Auctioneer in order to be able to bid.
3) PURCHASE PRICE, TIME OF PAYMENT AND SETTLEMENT, BUYER'S
PREMIUM: Purchaser agrees to pay $______________ for the Property (to be filled in atthe conclusion of the auction) in addition to the 10% Buyer's Premium (as hereinafter defined) andany other costs set forth in this Agreement or the Addendum (as hereinafter defined). Theclosing of the purchase and sale of the Property shall occur at 10:00 a.m. (EST) on the datewhich is thirty five (35) calendar days after the conclusion of bidding (the "Closing"). The Closing will be held at the offices of _____________________ (the "Seller"), or at suchother time and location as designated by the Seller in his sole discretion. All paymentsowed by the Purchaser to the Seller at the Closing shall be paid by either cash or wiretransfer. In addition to the Purchase Price, the Purchaser shall also pay to the Seller at theClosing an amount equal to ten percent (10%) of the Purchase Price (the "Buyer's Premium").
For the avoidance of doubt, the Buyer's Premium: shall be due at the Closing; is a paymentabove and beyond the Purchase Price; and is not included in the Purchase Price. TheAuctioneer has not taken possession of the Property being offered at auction and is acting as anagent of the Seller only. The Purchaser hereby represents and warrants that the sale is madewithout conditions of or provisions for financing.
4) CONDITION/REPRESENTATION OF PROPERTY SOLD: Neither the Auctioneer
nor the Seller shall be responsible for the accuracy or correctness of the description of anyparticular document presented to potential bidders at the auction sale, including, but notlimited to, description of the Property. The Property is sold strictly "AS IS", "WHERE
IS"AND WITH ALL FAULTS AND DEFECTS WHETHER KNOWN OR UNKNOWN and
without any recourse whatsoever against the Seller, the Auctioneer or any other third party.No claims may made by any purchaser that relate to the fitness, use or condition of theProperty, or for any damages whether consequential or otherwise which arise therefrom. Byexecution of this Agreement, the Purchaser hereby express acknowledges and confirms theterms of this Section 4 together with all other terms contained in this Agreement. TheProperty shall be conveyed subject to any and all encumbrances, easements, records,documents, orders and agreements of record including, without limitation. Neither the Auctioneer nor the Seller makes anyrepresentations or warranties whatsoever with regard to the real or personal property, thecondition, usability, fitness for a particular purpose, merchantability, compliance with legalpromulgations, approvals, tests, environmental condition or lack thereof, or any other aspectthereof, and the Purchaser acknowledges and agrees that it will take the said property subjectto al defects and faults whether known or unknown. All voluntary monetary liens recordedagainst the Property shall be discharged at the Closing by the Seller or pursuant to localconveyancing practices.
5) METHOD OF PAYMENT: All balances due under this Agreement, including,
without limitation, the Deposit, the balance of the Purchase Price and the Buyer's Premiumshall be paid within the time set forth in this Agreement and made payable to the order of the Seller via cash, certified bank check or wire transfer.
6) INDEMNIFICATION: The undersigned agrees to hold the Auctioneer and the
Seller, and their respective employees, agents, officers, directors, shareholders, partners,members, affiliates, lenders, successors and assigns, harmless from and against any and allliabilities, claims, litigation, fines, penalties, fees, damages, or actions relating to or arising fromthe purchase of the Property or in connection with the use of the Property, or from the failure ofthe Purchaser or user to conform to or follow instructions, warnings, operating or otherrecommendations of a manufacturer, or failure to comply with state, federal or local law(s)applicable to such articles, lots or items, or from any damages whether consequential orotherwise, and any and all costs or legal expenses arising from any liability, claim or action.
7) RESPONSIBILITY OF NON- DELIVERY: The Auctioneer and the Seller shall
not be responsible to any party for non-delivery.
8) RISK ASSUMED BY PERSONS, BIDDERS AND PURCHASERS: All persons
whether purchasers, attendees, or interested parties attending the sale assume all risks ofdamage or loss to person and property and release the Auctioneer and the Seller from anyand all liability therefor. The Auctioneer and the Seller shall not be liable for any defect inor condition of the premises upon which the auction is held. All persons attending this sale doso at their own risk and hereby release the Auctioneer and the Seller from any and all claimsarising from attendance at this auction and hereby hold harmless the Auctioneer and theSeller from all damages, costs, expenses and claims arising from any action or cause ofaction arising from this sale.
9) ADDITION TO/WITHDRAWAL FROM SALE: The Auctioneer reserves the right to
add or withdraw items, articles or lots from the sale whether listed or not, and reserves the rightto group, split, combine or divide lots in to larger or smaller lots wherever the best interest of theSeller is served. The Seller intends to accept the highest and best bid (determined in thesole discretion of the Seller) for the Property and the Seller reserves the right to accept orreject, for any reason, any and all bids.
10) DISPUTE BETWEEN BIDDERS: The Auctioneer reserves the right to put up for
resale or decide a winner should a dispute among bidders arise. The Auctioneer's decision shallbe deemed absolute and final and non-appealable under any circumstance.
11) ITEMS WITH RESERVE OR SOLD SUBJECT TO SELLER CONFIRMATION: The Auctioneer reserves the right to bid on the behalf of the Seller.The Auctioneer shall have the right to reject any and all bids without explanation. The Property
shall be sold subject to confirmation and acceptance of the terms thereof by the Seller.
12) RECORDS/AGENCY: The record kept by the Auctioneer and/or the Seller or clerk
shall be final in the event of dispute. The Auctioneer is acting as agent only and is in no wayresponsible for the actions or acts of its principle.
13) DEFAULT OF PAYMENT: Should the Purchaser default under any terms of this
Agreement or the Addendum including, without limitation, for the failure to make timely
payment (as required under this Agreement), the Seller shall be entitled to, in addition to
all other remedies or law, retain the Deposit. Any portion of the Property, if sold in lots, notremoved within the fixed time allowed may be resold at a future sale whether public or privatewithout further notice. All expense, balances due, charges of resale, including reasonableattorneys' fees and expenses incurred by the Seller in pursuing claims against a defaultingpurchaser will be charges to and be the responsibility of the undersigned.
14) ADDITIONAL REAL ESTATE TERMS AND CONDITIONS. The additional real
estate terms and conditions attached hereto are incorporated herein (the "Addendum") andconstitute an integral part of this Agreement, and the Purchaser hereby expressly agrees to suchterms set forth in the Addendum. To the extent the Addendum conflicts with the terms set forthin the body of this Agreement, the terms of the Addendum shall govern and control.
15) GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Rhode Island without regard to its conflict of law provisions. The Seller expressly reservesthe right to cancel and/or void the sale of the Property.
16) COUNTERPARTS. This Agreement may be executed in any number of counterparts.I have read the above terms and conditions and agree to be bound by these terms andconditions.
Read, understood and agreed to by:
If Individual Purchaser:
Print Name: ____________________________
Bidder #: __________________________
If Company Purchaser:
Bidder #: __________________________
_____________________, as and only as Seller
and not individually
ADDITIONAL REAL ESTATE TERMS AND CONDITIONS
1. THE CLOSING:
The Closing is to be held at _______________________________, at the office of the
Seller, or at such other time and place prior thereto as may be agreed to by the parties,
(the "Closing Date").It is agreed and understood that TIME IS OF THE ESSENCE.
The Purchaser's title attorney or such other attorney as the Purchaser shall designate
shall serve as settlement agent at the Purchaser's sole expense. The settlement agent shallprovide the Seller with a copy of the proposed settlement statement at least forty-eight(48) hours before the Closing. At the same time the settlement agent shall provide theSeller with a copy of the municipal lien certificate(s) from the City of Pawtucket, RhodeIsland.The Purchaser shall be responsible for and shall pay on the Closing Date all documentarytransfer tax stamps in connection with the sale and conveyance of the Property to the Purchasertogether with any and all recording fees due and payable with respect to the Closing (whether ornot said charge is customarily borne by a seller of real property in the State of Rhode Island).
2. EXTENSION OF CLOSING:
If the Seller shall be unable to give title to the Purchaser as set forth in theAgreement or this Addendum, or to make conveyance, or to deliver possession of theProperty or to receive approval of the sale of the Property to the Purchaser by the applicablecourt of competent jurisdiction, then the Seller, at the Seller's option, may usereasonable efforts to deliver possession as provided herein, or to make the Property conformto the provisions hereof, as the case may be, in which event the Closing hereunder shall be
automatically extended for a period of sixty (60) calendar days. If the Seller does not
elect to use reasonable efforts to deliver possession of the Property pursuant to the foregoingsentence, then the Agreement and this Addendum shall be void and of no force or effect,without recourse by or against any party, and the Deposit shall be refunded to the Purchaser.It is understood and agreed that the Seller shall not be under any obligation to attempt tocure by litigation or otherwise any defect which may be found to exist in the title to theProperty, or to remove any encumbrances upon the title to the Property not voluntarily placedthereon by the Seller subsequent to the date hereof, or to correct any violations ofsubdivision, plat, zoning, building, minimum housing standard regulations or other similarrestrictions or regulations. This paragraph is also not intended to apply to any damage to theProperty caused by fire or other casualty. The Purchaser may, however, with the Seller'sconsent, elect to waive any such defects and accept such title to the Property as the Selleris able to convey, without any warranty as to such conditions and without a reduction of thePurchase Price, and an acceptance of the Seller's deed by the Purchaser shall be deemedfull performance and discharge of all the obligations of the Seller under the Agreement
and this Addendum.
Fuels, water charges, and sewer use charges, if any, shall be apportioned as of the date ofdelivery of the Seller's deed as estimated on the basis of the best information available at thetime, and the net amounts thereof shall be added to or deducted from the Purchase Price, as thecase may be.Any assessments constituting a lien on the Property which are payable over a period ofmore than one (1) year shall be apportioned in such manner that the Seller shall payinstallments due during the appropriate calendar or municipal fiscal years prior to the year saidSeller's deed is delivered, the installment due in that year shall be apportioned in the samemanner as provided for taxes, and the Purchaser shall pay or assume the balance of suchassessment. The Purchaser hereby agrees to assume and pay when due all taxes and
assessments which are allowed as a credit against the Purchase Price.Real Estate taxes, tangible property taxes, and fire district taxes assessed upon theProperty as of December 31 of the year immediately preceding the year in which the deliveryof the Seller's deed occurs, applicable to the following year, shall be apportioned, inaccordance with the manner such taxes are customarily prorated in the municipality where theProperty is located, in such a manner that the Seller shall pay, or, at the Seller's election,allow to the Purchaser as a credit against the Purchase Price, that portion thereof whichcorresponds to the portion of said year which has expired on the date of delivery of theSeller's deed, and the Purchaser shall pay or assume the balance. The Seller shall payor, at the Seller's election, allow to the Purchaser as a credit against the Purchase Price, allother taxes which are a lien upon the Property. In the event that at the time of delivery of saidSeller's deed the amount of such taxes shall not be definitely fixed and ascertainable, itshall, for the purposes of making such apportionment, be conclusively assumed that theamount of such taxes will be identical with those of the next prior assessment.The Seller shall be entitled, at the Seller's discretion, to use any portion or all ofthe Purchase Price to pay any of the foregoing or any other liens or encumbrances against theProperty that are the express responsibility of the Seller pursuant to the Agreement and thisAddendum. In the event that a portion or all of the Purchase Price is used to pay any of theforegoing, the settlement agent shall provide copies of receipts or other evidence of paymentsatisfactory to the Seller within forty-eight (48) hours of the recording of the Seller's deed.
4. SELLER'S TENDER OF CLOSING DOCUMENTS:
On the Closing Date, the Seller shall tender to the Purchaser the Seller's deed and
the tender of the deed to the Purchaser shall be deemed full performance and discharge of everyagreement and obligation of the Seller contained or expressed in the Agreement and thisAddendum.
5. INSURANCE: Due to the current status of the Property, the Property is not currently
insured under any capacity. The risk of loss shall pass to the successful bidder upon acceptance of the deposit and, therefore, it is the successful bidder's obligation to procure fire and casualty insurance on the property effective as of the time of the acceptance of said deposit. In the event of loss or damage to the property by fire or other casualty between the time of sale and the tender of the deed, the successful bidder shall remain obligated to pay the full balance of the purchase price.
6. BROKERS AND AGENTS:
The Purchaser agrees to indemnify the Seller against, and to hold the Seller
harmless from, any and all cost, expense or liability based upon or related to a claim for abrokerage commission or finder's fees in connection with the transaction contemplated hereby tothe extent such liability shall be based upon arrangements or agreements made or claimed bythird parties to have been made by or on behalf of the Purchaser and not disclosed in thisAgreement.
All notices as required herein must be in writing. All notices shall be by certified
mail or by personal delivery. Notice by certified mail will be effective upon sending. Noticeby personal delivery will be effective upon delivery to the other party. Notices to theSeller and the Purchaser must be addressed to the Seller at his principal place of
business and to the Purchaser at the address that appears with the Purchaser's signature,unless written notice of a different address is provided.
8. PURCHASER REQUIRED TO COMPLY WITH ZONING:
Purchasers of real estate in the State of Rhode Island are legally obligated to comply
with all local real estate ordinances, including, but not limited to, ordinances on the number ofunrelated persons who may legally reside in a dwelling, as well as ordinances on the number ofdwelling units permitted under the local zoning ordinances. The Seller makes norepresentation or warranty of the current zoning compliance or status of the Property and thisAgreement is not conditioned in any way upon the zoning status of the Property.
9. RADON GAS:
Radon gas has been determined to exist in the State of Rhode Island. The Purchaser
acknowledges that the Seller has no obligation whatsoever to perform any tests for radon,and that such testing, if any, shall be solely at the Purchaser's expense. The Seller makes norepresentation whatsoever concerning the existence or absence of radon on the Property and thisAgreement is not conditioned in any way upon the presence or lack thereof.
10. LEAD POISONING DISCLOSURE:
The Purchaser acknowledges that the Seller shall have no obligation whatsoever to
perform any risk assessments or inspections for lead-based paint hazards within the Property.Any such inspections or risk assessments shall be done solely at the Purchaser's election andexpense. The Purchaser acknowledges that the Purchaser has been advised that the Seller hasno reports or information concerning lead-based hazards within the Property, and that theSeller makes no representations concerning the existence or absence of lead-based paintwithin the Property and this Agreement is not conditioned in any way upon the presence or lackthereof.
11. NO ENVIRONMENTAL CONDITION:
The Purchaser expressly acknowledges and agrees that the conveyancecontemplated hereunder is not conditioned in any way whatsoever upon the Seller'sconducting or performing any cleanup or remedial action of any kind or nature with regard.to the Property, and the Purchaser agrees to accept the Property "AS IS,""WHERE IS," and"WITH ALL FAULTS," including but not limited to, all environmental conditionspreviously existing and now and hereinafter existing at, on or about the Property. ThisAgreement is not conditioned in any way upon the environmental status of the Property.
12. WETLANDS DISCLOSURE:
All or part of the Property may have been previously determined by the Rhode Island
Department of Environmental Management to be a coastal wetland, bay, fresh water wetland,pond, marsh, riverbank, swamp, as these terms are defined in the applicable section of theRhode Island General Laws. The parties hereto acknowledge that it shall be the Purchaser's soleresponsibility to conduct any independent examination to determine whether the Property is inan area determined to be a wetlands pursuant to such statutory provisions. This Agreement isnot conditioned in any way upon the wetland status of the Property.
13. RESTRICTIONS OR LEGISLATIVE/GOVERNMENTAL ACTION:
The Purchaser is responsible for investigating whether there are any restrictions or
legislative/governmental actions, present or proposed, which affect or would affect the use ofthe Property, and the Purchaser acknowledges that it has not relied on any advice or anyrepresentations by the Seller. This Agreement is not conditioned in any way upon the legal orgovernmental restrictions on the Property.
14. ACCURATE DISCLOSURE OF SELLING PRICE:
The Purchaser and the Seller acknowledge that this Agreement accurately reflects the
gross sales price as indicated above in the Agreement. The Purchaser and the Seller
understand and agree that this information shall be disclosed to the Internal Revenue Service asrequired by applicable law.
15. PROHIBITION AGAINST RECORDING:
The Agreement and this Addendum may not be recorded in the Records of Land
Evidence of the municipality in which the Property are located. IN THE EVENT OF ANY
RECORDING OF THE AGREEMENT AND THIS ADDENDUM, AT THE OPTION OF
THE Seller, THE PURCHASER WILL CONCLUSIVELY BE DEEMED IN DEFAULT
HEREUNDER ENTITLING THE Seller TO EXERCISE ALL RIGHTS AND
REMEDIES HEREUNDER FOR THE PURCHASER'S DEFAULT. In addition, any third
party may conclusively rely upon an affidavit executed and recorded by the Seller in saidLand Evidence records stating the Seller has elected to hold the Purchaser in default, asconclusively establishing that the Purchaser has no further right, title, or interest under theAgreement and this Addendum or to the Property, all of which will be deemed released andconveyed to the Seller.
16. NO PERSONAL LIABILITY:
Notwithstanding anything herein to the contrary, the Seller's execution of theAgreement and this Addendum is solely in the Seller's capacity as Seller and shall notrender the Seller personally liable in any way whatsoever.
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.