Auction Terms & Conditions
AUCTION TERMS & CONDITIONS
HINES SERVICES, LLC
D/B/A FARMER AUCTIONS
1. Condition of Goods: In publishing this catalog, Farmer Auctions has endeavored to accurately describe all items being sold but all property being offered is to be sold "as is". No statement in this catalog, bill of sale, invoice, or elsewhere by any representative of, or person in the employ of Farmer Auctions shall be deemed to be a warranty, representation, or assumption of liability with respect to age, condition, size, quality, variety, importance, provenance, or historical relevance of any of these items. Please note that photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Also, variations in color may occur due to digital processing.
Any condition statement, written or verbal, is given as a courtesy to the client, and is only an opinion. It should not be treated as a statement of fact. Farmer Auctions shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear, imperfections or aging.
2. Disputes: The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to reopen the bidding.
3. Title to Goods: Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneer's "hammer". The purchaser shall assume full responsibility for the lot purchased once title has passed.
4. Removal of Goods: Delivery and storage shall be available at purchaser's expense and risk. We can recommend several competent shippers and make arrangements for long-term storage or worldwide shipping (please see shipping). Otherwise, all property must be removed from the premises within five (5) days of the sale conclusion of the sale. All merchandise left over 30 days will be subject to a $50.00 storage fee per month. After 60 days merchandise is considered abandoned and will become property of Farmer Auctions.
5. Shipping: Farmer Auctions does not provide shipping. If you are in need of a shipper in order to receive your purchases, we have compiled a list of shippers in our area. Feel free to contact them directly to obtain quotes for the packaging and delivery of your items, or make your own arrangements.
6. Payment Terms: All accounts are to be settled by the end of the sale. Payment may be made by cash, traveler's check, Visa, MasterCard, or personal check if you are a prior customer. All others must obtain prior approval. Approval will be granted upon presentation of a "letter of guarantee" from an officer of your bank on original stationery. This letter should state an exact amount of funds guaranteed and should be presented to the cashier at time of registration. In any event, Farmer Auctions reserves the right to hold all merchandise paid for by check until such check has cleared and receipt of funds is verified. There will be a $25.00 return check fee on all returned checks. Payment may be made directly on our webpage with credit card - please allow 24 hours for processing.
7. Sales Tax: Pursuant to the laws of the Commonwealth of Virginia, all sales, including buyer's premiums, are subject to the collection of a 5.3% sales tax. For online bidders, we must charge sales tax if the buyer lives in Virginia or picks up in Virginia. You may present a valid resale license and complete the necessary Virginia certificate for Sales Tax Exemption (available from Farmer Auctions). Lots shipped out of state are not subject to VA state sales tax.
8. Buyer's Premium: The buyer's premium on property purchased will be in the amount of 18% of the successful high bid if bidding directly with the auction gallery or on farmer-auctions.com, with a discount of 3% if paying by cash or check (20% if bidding online with AuctionZip, Invaluable or LiveAuctioneers), regardless of payment method. All bidding at auction and all purchases will be in U.S. Dollars.
9. Errors: Farmer Auctions is not responsible for any typographical or any other error or omission in this catalogue or subsequent price key. Farmer Auctions reserves the right to withdraw any property before the sale.
10. Estimates: Any estimates provided are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are opinion, based, where possible, on prices paid for comparable items sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction, post-auction sale, or upon resale, which may be substantially different from these estimates. We shall not be liable in any way for such a difference.
11. Exhibition: Prior to every sale we have an exhibition of the items in the catalogue. Our staff is present to answer questions about items and to offer help with the auction process. Preview will be two hours before sale time on both days, or by appointment.
12. Absentee / Internet Bidding: As a service to our customers, Farmer Auctions will execute absentee bids if so authorized in writing under the provisions herein specified. Absentee bids should be made on the Absentee Bid Form provided in each catalogue. This form should be clearly and completely filled out and accompanied by a valid credit card. All absentee bids will be executed competitively during the sale; items will be purchased for the lowest price possible. Farmer Auctions cannot accept "buy" bids. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. Where two absentee bidders bid the same amount, the first received will be honored. Successful buyers will be notified within three (3) days of the sale. Professional specialists handle all shipping and delivery, and if you are a successful bidder, we will give you proper information so you can contract directly with the proper company. This service is offered as a convenience and Farmer Auctions will not be responsible for any errors or failures to properly execute absentee bids. Absentee bids will not be guaranteed after 3pm the day of the sale.
13. Agreement to Terms: In bidding on any lot here offered, the bidder indicates acceptance of these Terms and Conditions of Sale. Title of each lot passes when the auctioneer says, "Sold". Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his own risk and expense. If any employee or agent of Farmer Auctions shall pack or transport the merchandise, it is fully at the risk, responsibility and expense of the purchaser and Farmer Auctions shall not be liable for any loss or damage that may be caused by such employee or agent.
14. Bidder Responsibility: The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes". Should the bidder end up with an item he or she did not intend to purchase, that bidder may resell it directly to another person at the end of the auction. Do not concern the auctioneer with this, as no sales will be voided and no items will be offered for resale. Also, please note that all items and contents in any furniture or articles sold are reserved unless otherwise announced. This includes items in drawers and other areas undiscovered by our presale workers.
15. Acceptance of Bids: The Auctioneer reserves the right to accept or reject bids in any increment which the auctioneer deems to be in the best interest of the client, the seller. POOLS: Pools are associations of dealers or collectors formed with the purpose of keeping down auction prices for the benefits of its members. They are illegal in the United States and England. They have never occurred at our auctions, and under no circumstance will they ever be permitted.
16. Check Out: In order for items to be removed during the auction the buyer must obtain a copy of their invoice from the clerk and present it at the door. No items will be permitted to leave the gallery without a printed invoice. Payment in full is due at the conclusion of the sale or upon leaving the auction. If a checkout area is set up, no items can be removed until full payment has been made.
17. Announcements: All announcements from the auction block will take precedence over any printed matter with the exception of "condition," as previously outlined in paragraph 1. For additional information regarding these Terms and Conditions of Sale, or any other matter relevant to this auction, please contact us for specific information not included in the catalogue description: Farmer Auctions 1713 Midland Rd. Salem VA 24153 phone# (540) 384-0100 fax# (540) 387-2033 Telephone inquiries may be made between 9am and 5pm EST.
18. Sale Results: Results will be available no earlier than 5pm on our first business day following the auction, or as soon as Farmer Auctions has audited and verified all sales. Please do not call prior to this time for results, as they will not be given out under any circumstances. Sale results will be posted on our website within two weeks after the sale. We thank you for your understanding in this matter. Farmer Auctions retains all rights to copyright and other intellectual property contained in this catalogue.
19. Firearms: Know your State/Federal firearms laws BEFORE bidding. We are a licensed FFL Dealer. All federal and state firearm laws govern every aspect of this auction and any infraction of the law will immediately be reported to local law enforcement and the ATF. You must be 18 to purchase rifles or shotguns and 21 to purchase a handgun. There is no inspection period for your purchase, ALL GUN SALES ARE FINAL. You are responsible for knowing if your state bans a certain type of firearm/ammo/accessory from being shipped to you. All Virginia residents purchasing modern firearms produced after January 1st, 1899 must complete a Virginia State Police background check in our Salem, VA gallery. There is a $2 processing fee per background check. The only exception is a licensed Federal Firearms Dealer or Curio & Relic Collector License holder. Assault Rifles and accessories require additional identification per Virginia State Police requirements. All out of state firearm buyers are responsible for shipping costs and obtaining approval from a licensed FFL dealer to accept your purchase. A current signed copy of the receiving FFL licensee is required to be sent to our office in order to allow the firearm to be shipped. Please fax to 540-387-2033 or email firstname.lastname@example.org. Do not purchase firearms for someone else. Only the registered bidder is able to pay and pickup firearms from the gallery.
20. Farmer Auctions is owned by Hines Services LLC VAAF #1007
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.