Name SUMMER CLEARANCE SALE
Auctioneer Cold Creek Auction, LLC
Type Online-Only Auction
Date(s) 8/23/2014 - 9/6/2014
INTERNET ONLY AUCTION Start: 08/23/2014 at 9am CT Soft Close: 09/06/2014 at 10pm CT (BIDDING ACTIVITY WILL EXTEND, 3 MINUTES, PER LOT, IF THERE IS BIDDING ACTIVITY WITHIN THE LAST 3 MINUTES OF SALE CLOSING)
Preview Date/Time 08/22/2014 - 09/06/2014 before 12 Noon CT SOME ITEMS WILL NOT BE ON SITE, PLEASE CALL TO ARRANGE PREVIEW 888-708-2877
Checkout Date/Time Within 24 hours of sale closing
Location ITEMS SECURED OFF SITE
New Braunfels, TX 78130
Buyer Premium 13% BP with 3% Discount on Cash or Check
Description
ONLINE AUCTION
Auction Terms & Conditions 1. PAYMENT: Upon sale completion, credit card provided during registration WILL NOT automatically be charged, however invoices not settled within 24 hours WILL BE charged to supplied credit card. E-mail invoice will be sent following sale closing. All purchases must be PAID FOR IN FULL within 24 hours of sale close, prior to removal of item(s). Payment may be made in the form of CASH, Cashier's Check, Personal or Company Check with Bank Letter of Guarantee only, Visa, MasterCard, Discover or American Express. Buyer shall pay any and all applicable taxes unless exempted by law. Proof of tax exemption must be provided at time of purchase. Buyer acknowledges that Seller has provided the opportunity to inspect item(s) before purchase and buyer is responsible for full payment whether buyer has or has not taken the opportunity to inspect the item(s). Buyers outside the 48 states must pay with cash or wire transfer. 2. REGISTRATION: All bidders are required to register through the website with a valid email address, mailing address, phone number and credit card information prior to bidding. Persons not giving this correct or valid information will not be allowed to bid on this auction. Each bidder will be required to establish a unique user name and password; please keep this information safe as bidders will be responsible for all purchases made under their unique user name and password. A credit card authorization will be required at time of registration, however the credit card will not automatically be charged. This security feature is to deter fraudulent bidding. Invoices will be emailed to successful buyers at the close of the sale and payments will be accepted under the terms of payment. EARLY REGISTRATION IS RECOMMENDED. REGISTRATION IS REQUIRED FOR EACH AUCTION. TERMS & CONDITIONS ARE POSTED AND IT IS BIDDERS RESPONSIBILITY TO KNOW TERMS, WHEN YOU REGISTER YOU REQUIRED TO SELECT THAT YOU HAVE READ AND AGREE TO ALL TERMS. 3. BUYER'S PREMIUM: A 13% Buyer's Premium (BP) will be added to the successful bid amount on all items. A 3% Discount will be provided for all purchases made by CASH or Check. Once totaled, this will establish the final sale price plus any applicable taxes. 4. ACCEPTANCE OF TERMS: A bid by any person shall be conclusive proof that the person has become acquainted with these terms and conditions of sale and has agreed to be bound by such. 5. DESCRIPTIONS: Though all descriptions and commentary are believed to be correct, neither the Auctioneer, Auction Company nor Seller make any warranties or representation of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source, origin, condition, etc. 6. ALL SALES FINAL: All sales are final and all property is sold "AS IS, WHERE IS". It is the bidder's responsibility to determine condition and usefulness of the item(s) purchased. No Refunds will be made. IT IS THE BIDDERS RESPONSIBILITY TO PREVIEW OR INSPECT THE ITEMS BEFORE BIDDING. PLEASE BID RESPONSIBLY. 7. FRAUDULENT BIDDERS / UNPAID INVOICES: By accepting the terms and conditions of this sale you are entering into a binding contract and if you are the successful bidder on any item you will be required to pay for the items in accordance to the terms set forth in the terms and conditions of the sale. When placing your bid on an item, you are entering a legal and binding contract. Cold Creek Auction reserves the right, and you acknowledge and agree to its exercise of this right, to notify third parties, including law enforcement authorities, credit bureaus, other auction companies and industry regulators and authorities, about bidder's involved with or connected to fraudulent bidding or the failure to fully pay invoices in accordance with our terms and conditions. For any unpaid invoice Cold Creek Auction WILL turn all uncollected amounts over to a collection agency for collection. IF YOU DO NOT WANT THE ITEMS OR CANNOT MEET THE LOAD OUT DEAD LINES THEN PLEASE DO NOT BID. 8. TRANSFER OF OWNERSHIP, REMOVAL & THEFT: To receive title at invoice settlement a payment of CASH or CREDIT CARD will need to be made. If a CHECK is presented at load out Cold Creek Auction will not release title until after any applicable banking waiting period. All property shall be removed from the premises by the purchaser at purchaser's own risk and expense within 24 hours of sale closing. If you can't make that deadline your credit card will be billed for your purchases. If you can't make it to pick up your items within the time provided, please call. If you fail to pay for items, it will be turned over to the district attorney's office or our attorneys for collection; court costs, storage fees, and any other costs incurred will be collected. If purchased lots are not removed within the allotted time, the Buyer shall be liable for any moving and storage costs incurred and or if not removed, the items will be deemed abandoned. Items abandoned longer than 14 days after the load out terms will become property of Cold Creek Auction and all payments will be forfeited. 9. RESERVE AUCTION AND RESERVATIONS: The Auctioneer and Seller reserve the right to accept or reject any and all bids. On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the Seller. Auctioneer also reserves the right to withdraw any item prior to sale closing. 10. PERSONAL INJURY, FIRE OR THEFT: Persons attending the auction preview, the auction or during the removal of goods assume all risks of damage of or loss to person and property and specifically release the Auctioneer, Auction Company and Seller from liability thereof. Neither the Auction Company nor its principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. 11. REMEDIES: If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at his option may (1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all cost incurred, or (2) cancel the sale, retaining all liquidated damages on all payment made by purchaser, Auctioneer commission and all other incidental damages will be charged. 12. AGENCY: Auctioneer is acting as an Agent and Agent only and is not responsible for the acts of his or her Principals. Thank you for your patronage. We hope you enjoy today's auction. Should you need our professional auction services, please give us a call. We appreciate your referrals. Professional Auctioneer Tracy L. Hagen, TX License #17318. --------------------------------------------------------------------------------------- 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. REGISTRATION OBLIGATIONS 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 AUCTIONS 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 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. BIDDING 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. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT 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. INDEMNITY 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. LEGAL COMPLIANCE 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. GENERAL INFORMATION 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.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 24.00 1.00 USD
24.01 - 47.50 2.50 USD
47.51 - 95.00 5.00 USD
95.01 - 240.00 10.00 USD
240.01 - 475.00 25.00 USD
475.01 - 950.00 50.00 USD
950.01 - 2,400.00 100.00 USD
2,400.01 - 4,750.00 250.00 USD
4,750.01 - 9,500.00 500.00 USD
9,500.01 - 24,000.00 1,000.00 USD
24,000.01 - 47,500.00 2,500.00 USD
47,500.01 - 95,000.00 5,000.00 USD
95,000.01 - 9,999,999.99 10,000.00 USD
Currency USD
Buyer Premium 13% BP with 3% Discount on Cash or Check
Payment Terms
US Currency Only. 13% Buyer's Premium (BP) will be added to the successful bid amount on all items. A 3% Discount will be provided for all purchases made by CASH or Check. Once totaled, this will establish the final sale price plus any applicable taxes. Upon sale completion, credit card provided during registration WILL NOT automatically be charged, however invoices not settled within 24 hours WILL BE charged to supplied credit card. E-mail invoice will be sent following sale closing. All purchases must be PAID FOR IN FULL within 24 hours of sale close, prior to removal of item(s). Payment may be made in the form of CASH, Cashier's Check, Personal or Company Check with Bank Letter of Guarantee only, Visa, MasterCard, Discover or American Express. Buyer shall pay any and all applicable taxes unless exempted by law. Proof of tax exemption must be provided at time of purchase. Buyer acknowledges that Seller has provided the opportunity to inspect item(s) before purchase and buyer is responsible for full payment whether buyer has or has not taken the opportunity to inspect the item(s). Buyers outside the 48 states must pay with cash or wire transfer.
Arrange for local pick up of items within 24 hours of auction close. Due to the fragile nature of the item(s) listed, we will allow only local pick up. Please bring help and packing supplies.