Outstanding Tool & Collectible Auction

Terms

Auction Terms & Conditions

Terms and Conditions

By registering to bid online with Eastern Shore Auctions, Inc., Bidders agree to the following Terms & Conditions for all auctions. Terms may vary based on State, Local, Federal and Consignor regulations.

1. By registering to bid at Eastern Shore Auctions, Inc., (ESA) you agree to close the transaction pursuant to the terms and conditions of sale.

2. Registration: By registering with ESA, you agree to hold harmless ESA, its owner and any Consignor against any claim or liability resulting from items sold, including but not limited to: proximate or consequential damages, failure to comply with local, state or federal laws, and cost or legal expenses arising there from. Auctioneers and Consignors liability shall be limited to the refund of Bidders purchase price.

3. Required Bidding Information: Bidders are required to submit current and accurate information including a valid full name, address, email address, credit card and phone number. Bidder must be 18 years of age or older, and is required to register for each auction. Eastern Shore Auctions, Inc., (ESA) reserves the right to reject registration to any person or entity. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes his/her bid number, account and/or password have been compromised.

4. Bidding: The highest Bidder shall be the buyer at the hammer price and any dispute shall be settled at the Auctioneer's absolute discretion. In Case of BIDDING ERRORS, prior to auction closing, the Bidder must immediately contact our office at 443-235-5717 or email to info@easternshoreauctions.com. Corrections will be reviewed and altered at the discretion of the Auctioneer. Review all bids before submitting. NO bids will be reversed after the auction has begun closing. NOTE: If you are not comfortable or willing to register online which includes placing a credit card on file on our Secure Web server you may enter bids in person by contacting the auctioneer. Bids must be in writing and are legally binding. A valid credit card will be required when the bid is placed. Valid Identification will also be required if you are unknown to the Auction Co. We will upload the bids placed by you on your behalf onto the online bidding server.

5. Bidder Termination: ESA reserves the right to terminate any registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban a Bidder from bidding. Bidder registration is not transferable or assignable.

6. Sales Tax: When applicable, MD sales tax (6%) will be charged on all items. If you are tax exempt as reseller or non-profit entity, a current tax exempt or resale exemption certificate must be e-mailed to info@easternshoreauctions.com prior to the auction closing date. If the certificate is not received and confirmed, the invoice will be charged sales tax and the Bidder will need to apply for the refund from the state of Maryland (or the state where the item is located). For motor vehicles purchases the Buyer is responsible for paying sales tax directly to the State.

7. Buyer's Premium: A buyer's premium is an industry standard fee added to each invoice and is calculated as follows: 15% is added to each purchase paid by credit card. (For example, if you bid $100.00 on an item and are the winning Bidder, your invoice will be charged $100.00 plus a 15% buyer's premium of $15.00 for a total of $115.00. Applicable sales tax may apply.

8. Billing: Invoices are immediately billed to the credit card on file following auction closing. Bidders wanting to pay cash or check must notify ESA by phone at 443-235-5717 or by e-mail at info@easternshoreauctions.com by 8:00 am the morning following bid closing. Forms of payment accepted are MasterCard, Visa, Discover Card, American Express, Certified funds, Cash, or pre-approved check. All returned checks will be charged a $45 processing fee. Bidders must have an active credit card on file with the appropriate credit limit for the items being bid. All transactions are in U.S. Dollars. If any Bidder fails to complete their transaction or pick up items within the specified time frame, the Auctioneer and its Consignor may offer the item to another Bidder. If a Bidder fails to complete a transaction, they will be barred from future ESA, Inc. Auctions until all transactions are completed.

9. Site Safety: All Bidders enter the auction site at their own risk. Any accident or harm caused is not the responsibility of ESA, the Auctioneer, or Consignor. No children or pets are allowed at the auction site during inspection or removal.

10. Pick-Up: Removal of items (pickup) will take place during a specific date and time determined by ESA and its Consignor. A paid receipt or proper ID is required from anyone picking up purchased items. Bidders are responsible for the safe, timely removal of their items and for knowing site conditions, bringing tools, equipment and assistance required to remove items. Removal of all items purchased are at the expense, liability, and risk of the winning Bidder.

11. No Warranty Implied: All items are sold "AS IS", "WHERE IS", "WHEN AVAILABLE" and with "NO WARRANTY" of any kind expressed or implied as to any item's condition, quality, or value. Descriptions are believed to be accurate, but not guaranteed. Inspection of items prior to auction closing will be posted on the auction information page with dates, time, and location of inspection. No refunds will be awarded for errors in the items description, photo, defect, or anything wrong with the asset item. Bidders are bidding on the described item, not the photo, do not assume a lot consists of multiple items if pictured together. Photos may be a representation of an actual item. Bidders are responsible for personally inspecting item numbers and reading all descriptions prior to placing bids. No refunds will be awarded for errors in the item's description, photo or defect. It is the Bidder's sole responsibility to value the item they are bidding on and to inspect the item before bidding.

12. Abandoned items: If a Bidder fails to remove an item within allowed time frame, ESA reserves the right to deem the item abandoned by the Bidder and the winning Bidder will lose any amount paid and any rights to that item and will be held responsible for any fees incurred for transportation and/or storage expense associated with the abandoned item. Items left at an ESA auction site will incur storage charges.

13. Reserve: ESA and its Consignors may place a reserve or minimum bid on any item. The reserve amount may or may not be displayed. ESA and its Auctioneer reserve the right to reject bids for any reason. When reserve is not met the Auctioneer will immediately notify the high bidder to make the high bid offer, the Consignor can Accept or reject the offer.

14. Changes in Auction or Schedule: ESA and our Consignor have the right to add or delete items from any auction or split or combine lots within an auction; suspend, cancel, reschedule, or extend any individual item and/or auction event and make changes to the auction starting/closing times, inspection, and removal dates and/or times.

15. Consignors: ESA acts as an agent to the Consignor and assumes no liability or responsibility for actions, principles or decisions made by the Consignor if withdrawing an item or making changes prior to the auction closing.

16. Shipping & Delivery: ESA, Inc. does not offer shipping. However, shipping is available through the local UPS Store located at 1147 S Salisbury Blvd Ste 8, Salisbury, MD 21801 telephone number (410) 749-5070. ESA has no affiliation with the UPS store or with fees charged for pick-up or shipping. The UPS Store is only offered as a viable shipping solution, the bidder may contact any shipper of their choice. If a firearm is purchased at auction, it will be shipped according to regulations enforced by the US Alcohol, Tobacco and Firearms (ATF). The firearm will be shipped from a FFL to another FFL in your State.

17. Vehicle Purchases: If a vehicle is purchased and paid for in cash, the title will be provided to the buyer on auction day. If payment is made by approved check or credit card, the title will be mailed when the check clears or after the credit card transaction is compete. This could take up to 10 days.

18. ESA Online Auctions are Considered a Soft Closing: The closing of an auction operates on a staggered basis. Bidding typically begins closing for the first item at 5:00 PM EST, then typically closes every thirty to sixty seconds thereafter to the last item in catalog order. This rate may be higher than 2 per minute depending on the structure of the auction. If a bid is received in the last minute of an auction, an extra minute will be added to that lot and that lot only to allow additional time for people to bid. The remaining lots behind that lot will continue to close as scheduled unless someone bids in the last minute on that specific lot as well. This process will continue until all bidding has ceased and no one bids within the additional minute that was added. Review all bids before they are submitted.

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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.