Auction Terms & Conditions
Terms and Conditions of the Sale:
T1) All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") subject to the following Terms and Conditions of Sale, which, combined with each Auction's specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale.
T1a). Notice given JD's Auctions LLC and Auctioneers have the right in accordance with Tennessee State law to bid on this and any other auction for their purpose or on behalf of the Property owners or the estate.
T2) All items are being sold As-Is with no warranty. Auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Client will assume responsibility for Buyer's bidding errors. It is Buyers' full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions, and ask questions if you are unclear. Auctioneer shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly. You may preview all of the items for auction on the first and third Saturday starting at 11am. In case of an online-only auction, items may be previewed the Friday (10am-4pm) before the auction is set to close or as perscribed by the auctioneer.
T2a). Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Anderson, State of Tennessee and any action brought by either party shall be brought in the Courts of the State of Tennessee. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Tennessee govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Anderson, City of Clinton, State of Tennessee.
T3) ALL SALES ARE FINAL. A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
T4) Absence of Warranties. The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by Auctioneer is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer's behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer "AS IS", "WHERE IS" and "WITH ALL FAULTS". AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
T5) Bidder's Number. The bidder's number is nontransferable. All bids, online or in-house, made using the bid number will be the responsibility of the Buyer.
T6) Failure to Remove Purchases. In the event items are not removed within three (3) business days after the auction(s) end OR freight/large items shipping inforamtion has not been received within five (5) business days after the full payment of the item(s), the items purchased shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer's obligations hereunder.
T7) Buyer's Premium
Online buyer's premium is 15%, there is a 3% credit card surcharge.
P1) By agreeing to our terms and conditions you agree to allow us to charge the credit card on file if you are the winner upon close of the auction.
P2) Local bidders, you may pay with a personal or cashier's check. You must contact the office prior to the close of the auction and indicate that you will pay with cash or check. You may also pick up your items or have them shipped. If you are a TN resident, please contact the office if you would like your item(s) shipped.
P3) We accept all major credit cards.
Any declined credit card payment will have two (2) business days to contact the office (865-264-4641) and pay with a valid credit card. If payment has not be successfully received with two (2) business days, you will no longer be authorized to bid at JD's Auctions and negative feedback left.
P5) Verbal/written "cancellations"
JD's does not recognize or accept cancellations for any item for any reason won at auction. If the winning bidder decides to "cancel" an item it will be treated as a nonpayment (see P8). If a winning bidder decides to "cancel" an item after it has been paid for, there will be no refunds, no exceptions.
P10) Personal Information
It is vital that your personal information (name, address, phone number, and email) are correct. We ship and contact using that information and if it not correct, delays will occur. JD's Auctions is not responsible for correcting your information and is not responsible for any delays or incorrect delivery of items due to incorrect personal information. Please contact the office if you would like to verify your information: 865-264-4641.
S1) Buyer to pay all shipping charges. Shipping will be added to the total cost of the item(s) (hammer price + buyer's premium + sales tax (if applicable). Our third-party shippers do not invoice but contact you directly via phone or email for payment processing. Please contact them directly with any shipping questions, claims, or quotes. We use The Mail Center ETC for most of the in-house auctions. Online only estate auctions are handled by UPS Pack and Ship. If you are unsure where your item may have been sent for shipping, please contact the office @ 865-264-4641.
The Mail Center ETC
Teresa or Ashley
UPS Pack and Ship
Nathan or Damen
865-584-0081, option 8
S2) Large, extremely fragile, freight shipping
Buyer has five (5) business days to contact the office (865-264-4641) with shipping arrangements (name of shipper, contact information, and pickup timeline). All exceptionally large or irregularly shaped items will be packaged through UPS Packing and shipped via UPS. Furniture, large signs, or extra large pieces may require freight (anything over 110lbs packaged). We have shipped using two companies: Rancho Buck out of Atlanta, GA, and UShip.com. If freight or third party shipping is needed, it is the responsibility of the buyer to coordinate and pay for all shipping. Please contact us prior to bidding with any shipping questions. Any buyer who fails to provide this information will fall under: Failure to Remove Items (para T6)
S3) In-house shipping
We no longer provide in-house shipping.
S4) Non-Payment of Shipping
If the buyer refuses or does not wish to pay for shipping or will not pick up the winning items, JD's Auctions will not refund the purchase for any reason. The buyer can then become a consignor and consign the item(s) with JD's Auctions. A contract will be sent via email for the buyer to review and sign. The contract must be scanned and emailed back to us or mailed. The buyer has five (5) days to return the signed contract. When the contract is received, JD's Auctions will lot the item in an auction. If the contract is NOT received within five (5) days, the items will be deemed abandoned and become the sole property of JD's Auctions (para T6).
S5) INTERNATIONAL BUYERS
You are responsible for any and all customs fees in addition to USPS International First Class or USPS International Priority Mail. Depending on the item, UPS/FedEx International may be used to ship your winning item(s)
All firearms purchased at auction by a non-Tennessee resident must have that firearm(s) shipped to an FFL holder. It is the buyer's responsibility to pay for all shipping, background check, and transfer fees. Please contact the office (865-264-4641) and provide the contact information for your preferred FFL. All handguns will be shipped UPS. Long guns may be shipped USPS or UPS, depending on lowest cost or buyer's preference.
S7) Shipping process and time
We first process payments and then flag items for shipping. Our shippers pick up on Tuesdays and Thursdays. Only paid for items will get picked up during those days. Our shippers will contact you directly for shipping payment. Shipping processing can take anywhere from four-10 business days due to the high volume of internet bidders so please plan accordingly and your patience is greatly appreciated. If you need your package faster, please let us know via phone call and we will expedite your item(s).
All Tennessee residents must pay sales tax unless a Tennessee Sales and Use Exemption is on file with JD's Auctions prior to paying for your items. If you are from out of state and have a state sales tax exemption form and travel to our Gallery to pick up, please bring a copy of your exemption form. If you do not provide an exemption form on file and you pick up in Tennessee, you will have to pay Tennessee State sales tax. Please contact our office with any questions, 865-264-4641, M-F 10am-5pm EST.
To submit your signed Tax Exemption form, email us at [email protected]
, subject line: Tax Exemption.
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.