Auction Terms & Conditions
Valid credit card is needed to register to bid and will be retained by Springhill Auctioneers LLC.
Payment can be made by Cash or approved check, Credit and Debit cards, or wire transfer, day of Auction. Visa, MasterCard & Discover Cards accepted
All personal and company checks are subject to approval and will be documented by Photo ID. New bidders (those without a positive Springhill Auctioneers LLC purchase history) will need a statement from their financial institution confirming their 'Good Standing' plus driver's license and viable credit card.
No items may be removed until satisfactory payment has been made! Seller and/or Springhill Auctioneers LLC reserves the right to maintain possession of any item sold until funds (checks, drafts, or purchase orders) are verified.
ALL ITEMS ARE SOLD AS IS, WHERE IS, WITHOUT RECOURSE.
All advertising information was obtained from sources deemed reliable. Although every precaution has been taken to assure accuracy, the seller and Springhill Auctioneers LLC shall not be liable for errors and/or omissions. Announcements made by the Auctioneer at the time of the auction take precedence over printed matter.
Springhill Auctioneers LLC may, under certain conditions, bid on behalf of lien holder and/or pre-approved absentee buyers.
All items immediately become the responsibility of the purchaser after being sold.
Springhill Auctioneers LLC is not responsible for accidents.
There could be auctions where these terms may change. Changes will be noted on the Auction Sale Bill, announcements at the beginning of the auction, and on the specific online posting of that auction.
By registering to bid at this auction, bidder agrees to sale terms, be they as is, amended or modified by text or speech at any time before items are sold.
If you purchase items through the online platform you will be charges a 15% buyers premium. The card on file will be charged following the sale unless you call and setup other forms of payment. We will help coordinate shipping of any item at the buyers expense. Once you bid your bid cannot be revoked. Bidders will be reviewed and removed if unsatisfactory rating.
Removal of the items needs to be done before Aug 26th anything remaining after that will be deemed abandoned and resold.
The Auctioneer believes the descriptions of lots appearing in this online auction sale and in advertising prior to this online auction sale to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any lot shall be construed as a warranty either expressed or implied. "LOTS ARE SOLD AS IS - WHERE IS AND WITH ALL FAULTS". BIDDER ACKNOWLEDGES THAT ALL LOTS were/are AVAILABLE for inspection PRIOR TO the online auction sale and, by these terms; Auctioneer and Owner/Seller strongly encourage Bidder to carefully inspect each lot in which Bidder has any interest. Bidder relied solely on personal inspection and not on information listed on this site or otherwise provided by Auctioneer or Owner/Seller. If Bidder failed to inspect any lot, this failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of the lot, will not constitute grounds for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale. These written terms constitute the final expression of the parties' agreement and are a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and this transaction and shall NOT apply to the merchandise that is the subject of this sale and this transaction. The Auctioneer is not responsible for the actions the Owner/Seller and the Buyers take before, during, and after the online auction sale, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment due to visits to this site. Use of this site is at Bidders own risk and all content is presented "As is-where is" with all faults. Specific terms regarding auction location, lot descriptions, payment terms, shipping and delivery, insurance and other important information is located on the first page of this site.
Information that is used or shared by Auctioneer in connection with this online auction that has been provided by Auctioneers client, the Owner/Seller, is believed to be true and correct. Auctioneer, its owners, agents and other representatives, are not responsible for any misleading information that is provided in connection with this online auction sale. Auctioneer is not responsible for any claims related to lots.
Springhill Auctioneers LLC is not responsible for internet interuptions.
Any persons who become a Bidder on any firearms are required to be 18 years of age for any long gun and 21 years of age for any hand gun. Springhill Auctioneers LLC is a licensed and Federal Firearms Licensed (FFL) dealer. Any Bidders who desire to bid on and purchase any firearms in our auctions cannot have been convicted of a felony, have any restraining orders, or have any reason that they would not pass a NICS FFL Background Check. We hold the right to run a NICS FFL Background check on any purchaser. If the Bidder on a long gun is a current resident with correct identification from the states of Wyoming, Idaho, North Dakota, or South Dakota and are attending the auction, the purchaser can take possession of the long gun at checkout, only if the Bidder is approved by the NICS FFL Background Check. If the Bidder is successful on a hand gun and in any state other than Montana, the firearm will be shipped to a Federal Firearm Licensed Dealer of your choosing nearest your residence. The Buyer agrees to take sole responsibility for shipping of any firearms, including the delivery of the FFL of your choosing to the us and all shipping/handling expenses.
REAL ESTATE Terms & Conditions
DOWN PAYMENT: A 1% down payment of the total contract purchase price will be due immediately after being declared the buyer and will go into escrow. The down payment may be paid in the form of personal check, business check, or cashier's check. The balance of the contract purchase price is due at closing within 30 days.
YOUR BID IS NOT CONDITIONAL UPON FINANCING.
BUYER'S PREMIUM: A one percent (1%) Buyer's Premium will be added to the final bid price to arrive at the total contract purchase price paid by the Buyer.
CLOSING: Closing shall take place 30 days after the contract has been fully executed, or as soon thereafter as applicable closing documents are completed.
POSSESSION: Possession will be given at closing - Date of Deed.
TITLE: Seller shall execute a proper deed (General Warranty Deed) conveying the real estate to the buyer(s). Property will be conveyed with good, clear title.
All Closing Costs are Split!
REAL ESTATE TAXES AND ASSESSMENTS: The current year taxes on said Property shall be prorated to the date of closing.
EASEMENTS: Sale of said property is subject to any and all easements of record.
SURVEY: No new survey is required. The property will be sold and transferred per the existing deed.
AGENCY: Springhill Auctioneers and its representatives are Exclusive Advertising Agents of the Seller.
ZONING: Subject to property
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in this website listing and all related materials are subject to the terms and conditions outlined in the agreement to purchase. The auctioneer may UPDATE these Terms prior to the auction end date and time. Any changes will be made known to all registered bidders. The property is being sold on an "AS IS, WHERE IS" basis, and no warranty or representation, either express or implied, concerning the property is made by the Seller or the auction company. Each registered bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in this listing is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the Seller or the auction company. All acreages are approximate and have been estimated based on either the current survey, deed of record or property assessor's report.
By registering for the Auction you are agreeing to be added to our e-mail list.
Cody J. Seccomb
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.
Seller User Terms
Bidder User Terms