Auction Terms & Conditions
Terms and Conditions of Sale
Each Lot in a Blue Skies Auction, Inc. is offered subject to the following Terms and Conditions of Sale ("Terms"), as supplemented in writing or otherwise by us at any time prior to the sale. By Registering to Bid, Bidding, or otherwise purchasing a Lot from Blue Skies Auction, you agree to be bound by these Terms. In these Terms, "we," "us," "our," "Blue Skies Auction" or similar terms mean Blue Skies Auction, Inc. and any of its agents, and "you," "your," "buyer" or similar terms mean a person Bidding on or buying a Lot at a Blue Skies Auction, Private Sale or otherwise through us. Please see Section 9 below for the meanings of capitalized terms or phrases that are not defined elsewhere in these Terms.
1. BIDDING AT AUCTION
To Bid, you must Register to Bid with us in advance of the sale. In addition to our general registration requirements, we reserve the right to require photo identification and bank references.
Assumed Costs and Risks
By Bidding, you understand that any Bid you submit can and may be regarded as the Purchase Price Bid for a particular Lot; accordingly, your Bid constitutes a legally binding agreement to purchase the Lot in accordance with your Bid if accepted by the auctioneer. You agree to assume personal responsibility to pay the Purchase Price Bid, plus the Buyer's Premium and any additional charges that become due and payable in connection with your purchase of a Lot; and that upon the fall of the auctioneer's hammer or other indication by the auctioneer that bidding has closed for a particular Lot, if your last Bid is the Purchase Price Bid, you agree to purchase the Lot and assume all risk of loss and damage to such Lot, in addition to any obligations, costs and expenses relating to its handling, shipping, insurance, taxes and export.
The auctioneer has the right, in his absolute discretion, to determine the conduct of any Blue Skies Auction sale, including, without limitation, to advance the bidding, to reject any Bid offered, to withdraw any lot, to reoffer and resell any lot, and to resolve any dispute in connection with such sale. In any such case, the judgment of the auctioneer is final, and shall be binding upon you and all other participants in such sale.
All Lots may be offered subject to a confidential minimum price below which the Lot will not be sold (the "Reserve"). The auctioneer may open the bidding on any lot below the Reserve by placing a Bid on behalf of the Seller. The auctioneer may continue to Bid on behalf of the Seller up to the amount of the Reserve, either by placing consecutive Bids or by placing Bids in response to other bidders.
2. PAYMENT FOR AND COLLECTION OF PURCHASES
You Pay Buyer Costs
If your Bid results in a Purchase Price Bid, you agree to pay the following charges associated with the purchase of such Lot:
a. Hammer Price (for Auction Sales) or Lot purchase Price (for Private Sales);
b. Buyer's Premium (for Auction Sales); which is 13% of the Hammer Price (or part thereof). No additional % is added to buyer's premium for any lots purchased thru an online bidding platform.
c. any applicable sales tax, late payment charges, storage fees, Enforcement Costs or other costs, damages or charges assessed in accordance with these Terms (for all sales) ((a) - (c) collectively, the "Buyer Costs"). Sales tax will be collected for this auction.
You agree to pay all Buyer Costs immediately following Blue Skies Auction's acceptance of the Purchase Price Bid. All payments must be made in US Dollars, in any of the following acceptable forms of payment:
Visa, MasterCard, Discover or American Express.
Title And Risk Of Loss
Title to a Lot purchased in accordance with these Terms shall not pass to the buyer until Blue Skies Auction has received the Buyer Costs (including clearance of checks). We reserve the right to delay delivery of or otherwise prevent access to any purchased Lot until Blue Skies Auction has received all Buyer Costs. Notwithstanding passage of title, risk of loss to a Lot passes immediately to buyer upon Blue Skies Auction's acceptance of a Purchase Price Bid.
As security for full payment to us of all amounts due from the buyer and prompt collection of your purchased Lots in accordance with these Terms, we retain, and the buyer grants to us, a security interest in any Lot purchased by the buyer in accordance with these Terms (and any proceeds thereof), and in any other property or money of the buyer in our possession or coming into our possession subsequently ("Security Interest"). We may apply any such money or treat any such property in any manner permitted under the Uniform Commercial Code and/or any other applicable law. Upon request, you will sign and promptly return any documents sought by us to protect and confirm our interests including but not limited to a UCC-1 Financing Statement.
Buyer is solely responsible for collection of purchased Lots from the address specified on the invoice, including making arrangements and paying all costs associated with packing and delivery. We may, as a courtesy to the buyer, provide or arrange packing, shipping or similar logistical services, or refer the buyer to third parties who specialize in these services. Any such services referred, provided or arranged by us are at the buyer's sole risk and expense, we assume no responsibility for any act or omission of any party in connection with any such service or reference, and we make no representations or warranties regarding such parties or their services. You expressly release Blue Skies Auction from any and all liability arising from your use of any third-party website or services.
Export, Import and Endangered Species Licenses and Permits
Before bidding for any property, prospective buyers are advised to make their own inquiries as to whether a license is required to export a lot from the United States or to import it into another country. Prospective buyers are advised that some countries prohibit the import of property made of or incorporating plant or animal material, such as coral, crocodile, ivory, whalebone, Brazilian rosewood, rhinoceros horn or tortoiseshell, irrespective of age, percentage or value. Accordingly, prior to bidding, prospective buyers considering export of purchased lots should familiarize themselves with relevant export and import regulations of the countries concerned. It is solely the buyer's responsibility to comply with these laws and to obtain any necessary export, import and endangered species licenses or permits. Failure to obtain a license or permit or delay in so doing will not justify the cancellation of the sale or any delay in making full payment for the lot. As a courtesy to clients, Blue Skies Auction will advise clients who inquire about lots containing potentially regulated plant or animal material, but we do not accept liability for errors or for failing to advise on lots containing protected or regulated species.
Storage, Abandonment And Related Charges
All purchased Lots not collected from the address specified on the invoice, by buyer or buyer's authorized agents within ten (10) days following the Sale Date will become subject to storage fees of not less than $5 per day. A late payment fee equal to 1.5% per month may be assessed on any Buyer Costs remaining unpaid ten (10) days following the Sale Date. If a purchased Lot has not been collected from us within thirty (30) days after the Sale Date, and Blue Skies Auction has not consented to continue to store the Lot, the buyer will be deemed to have defaulted under these Terms, and, in addition to any other remedies we may have at law or equity, we shall be entitled to foreclose on the Security Interest by selling such Lots and using the proceeds from such sale for any purpose (including payment of storage fees and administrative expenses of handling such matter), without any further liability to the buyer. You agree that this remedy is reasonable in light of the costs Blue Skies Auction would have to incur to continue to store and process purchased Lots after sale.
If a buyer fails to make timely payment as required in these Terms, or breaches any other covenant, representation or warranty in this Agreement, we shall be entitled, in our discretion, to exercise any remedies legally available to us, including, but not limited to, the following:
i. cancellation of the sale of the Lot to the non-paying buyer, including the sale of any other Lot to the same buyer (whether or not paid);
ii. reselling the Lot, at public or private sale, with or without reserve;
iii. retention of any amounts already paid by the buyer as a processing fee (which you acknowledge would be reasonable in light of the costs Blue Skies Auction would have to incur to process your breach and attempt to re-auction or resell the Lot);
iv. rejection of any Bids by the buyer at future auctions;
v. setting-off any amounts owed by Blue Skies Auction to the buyer in satisfaction of unpaid amounts; and/or
vi. taking any other action we deem necessary or appropriate under the circumstances.
3. LIMITED WARRANTY
"As Is", "Where Is".
Except as expressly stated below, each Lot is sold "as is" "where is", with no representation or warranty of any kind from any party (including Blue Skies Auction or the consignors of the Lots), express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Because you are responsible for satisfying yourself as to condition or any other matter concerning each purchased Lot, you are advised to personally examine any Lot on which you intend to bid prior to the auction and/or sale. As a courtesy, condition reports for any Lot are provided by Blue Skies Auction prior to the sale, but Blue Skies Auction assumes no responsibility for errors and omissions contained in any such report or other description of a Lot that may be available on the Blue Skies Auction website. Any statements made by Blue Skies Auction with respect to a Lot (whether in a condition report or on the Blue Skies Auction website), whether orally or in writing, are intended as statements of opinion only, are not to be relied upon as statements of fact and do not constitute representations or warranties of any kind.
Limit Of Liability. IN NO EVENT SHALL BLUE SKIES AUCTION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. WITH RESPECT TO ANY SALE OF A LOT, IN NO EVENT SHALL BLUE SKIES AUCTION BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSSES IN EXCESS OF THE PURCHASE PRICE PAID BY YOU TO BLUE SKIES AUCTION FOR SUCH LOT TO WHICH THE CLAIM RELATES.
4. RESCISSION OR VOIDING OF SALE BY BLUE SKIES AUCTION
If we become aware of an adverse claim of a third party relating to a Lot purchased by you, we may, in our discretion, rescind the sale. Upon notice of our election to rescind a sale, you will promptly return such Lot to us, at which time we will refund to you the Hammer Price and Buyer's Premium paid to us by you for such Lot. This refund will represent your sole remedy against us and/or the consignor in case of a rescission of sale under this paragraph, and you agree to waive all other remedies at law or equity with respect to the same. If you do not return such Lot to us in accordance with this paragraph, you agree to indemnify, defend and hold Blue Skies Auction, its officers, directors, employees, agents and their successors and assigns, harmless from any damages, costs, liabilities or other losses (including attorney's fees) arising as a result of such third party claim.
5. COPYRIGHT NOTICE
Blue Skies Auction and its licensors will retain ownership of our intellectual property rights, including, without limitation, rights to the copyrights and trademarks and other images, logos, text, graphics, icons, audio clips, video clips, digital downloads in, and the "look and feel" of, the Blue Skies Auction website and each Blue Skies Auction Catalogue. You may not obtain any rights of ownership, use, reproduction or any other therein by virtue of these Terms or purchasing a Lot. You may not use any of our trademarks or service marks in any way.
If any provision of these Terms is held by any court to be invalid, illegal or unenforceable, the invalid/illegal/unenforceable aspect of such provision shall be disregarded and the remaining Terms enforced in accordance with the original document and in accordance with applicable law.
7. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the law of the State of Indiana and, by Registering to Bid or Bidding in the Blue Skies Auction event (whether personally or by agent), the you agree to submit to the exclusive jurisdiction of the county, state and federal courts located in Howard County, Indiana / Marion County, Indiana in connection with any matter related to these Terms, the Blue Skies Auction event or other sale of a Lot to you by Blue Skies Auction.
In addition to the foregoing, you agree to pay to Blue Skies Auction or Seller on demand the amount of all expenses paid or incurred by Blue Skies Auction and Seller, including attorneys' fees and court costs paid or incurred by Blue Skies Auction or Seller in exercising or enforcing any of its rights hereunder or under applicable law, together with interest on all such amounts at 1.5% per month (the "Enforcement Costs") within thirty (30) days of the buyer's receipt of Blue Skies Auction's invoice for such Enforcement Costs.
The following terms have the following meanings:
Bidding, Bid or place a Bid means a prospective buyer's indication or offer of a price he or she will pay to purchase a Lot at a Blue Skies Auction event which conforms with the provisions of Section 2.
Buyer Costs has the meaning given in Section 3.
Buyer's Premium means the following for any Lot:
(i) 13% of the Hammer Price (or part thereof). No additional % is added to buyer's premium for any lots purchased thru an online bidding platform.
Hammer Price means the price for a Lot established by the last bidder and acknowledged by the auctioneer before dropping the hammer or gavel or otherwise indicating the bidding on such Lot has closed.
Lot means the personal property offered for sale by Blue Skies Auction, whether at a Blue Skies Auction event, Private Sale or otherwise.
Passed Lot is a Lot which does not reach its reserve or otherwise fails to sell at a Blue Skies Auction event.
Private Sale is a non-public, discrete sale of a Lot (such Lot typically not being exhibited by Blue Skies Auction).
Purchase Price Bid means the bid submitted by a Buyer for a Lot which is accepted as the Hammer Price, or in the case of Private Sales, the price accepted by Blue Skies Auction for the sale of such Lot.
Register to Bid or Registering to Bid means providing Blue Skies Auction with your complete, accurate contact information (including address, phone and email) and a current, valid credit card number (including security code), and in the case of online bidders, registration with such authorized third-party online auctioneer service providers described on our website on the How to Bid page.
Reserve has the meaning given in Section 2.
Sale Date means, in the case of Blue Skies Auction events, the date of the closing of bidding for a particular Lot and acceptance of the Purchase Price Bid for such Lot; in the case of all other sales by Blue Skies Auction, the date Blue Skies Auction agrees in writing to sell a Lot to a buyer.
Security Interest has the meaning given in Section 3.
Seller means the owner of a Lot offered for sale at a Blue Skies Auction event, Private Sale or other sale administered by Blue Skies Auction.
Terms has the meaning given in the Introduction to this Agreement.
Blue Skies Auction event means the sale of Lots to the public through competitive bidding administered by Blue Skies Auction (including sales administered through a third-party Internet auctioneer authorized by Blue Skies Auction).
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.