Auction Terms & Conditions
Auction Terms & Conditions
Everything will be sold As-Is Where-Is, without guarantee or warranty expressed or implied.
Items become the sole responsibility of purchaser. All sales are final!
Strategic Rail Finance, Inc. will not be held liable for auction website malfunction. You understand that this auction is online only, and so relies on devices and programs that may malfunction without warning. You agree the auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the auctioneer may void or suspend an item or resell any item if the auctioneer determines a transaction to have been affected by any site malfunction.
There are no buyer premiums on items in this auction. There is a 3% surcharge on items paid for by credit card.
Live online-only bidding will begin Thursday July 26 at 9 am EST. Bidding begins closing Friday August 10th at 12 pm EST. Winning bidders will receive an invoice after auction concludes. Winning bidders who want to pay their invoice in full by by credit card, wire or company check must do so before 5 pm Tuesday, August 14, 2018. Items must be paid in full prior to items being picked up.
PICKING UP ITEMS YOU WON
Items are located in multiple locations. Pick up of items needs to be scheduled between Monday August 13 at 9 am EST and Friday August 17 at 25 pm EST. Consigner may be able to provide loading assistance if nercessary. Every item must be paid in full BEFORE REMOVAL.
Credit cards purchases will be charged an additional 3% fee. Wire transfer information will be attached to your winning invoice. Company checks are acceptable but will need clearance by our bank before you will be able to pick up your item(s). Winning bidder is required to make arrangements for payment within 48 hours of auction ending. If you have a tax-exempt certificate, we must have a copy on file or you will be charged tax. No items will be released until full payment clears our office. Credit Cards will be accepted only for charges up to $5,000.00, and only after authorization. STRATEGIC RAIL FINANCE, INC. reserves the right to hold assets and/or certificates of title until funds availability is confirmed.
All Items are subject to sales tax in Texas, North Dakota or Pennsylvania. Buyer will be charged the applicable sales tax for that municipality, county and or state.
Titles will be mailed within 2 business days after payment. Deposit must be in U.S. funds. Bank receiving fee, if any, will be added to Buyer's total invoice.
In order to bid at this auction you must meet registration requirements. By registering and obtaining a bidder number you are demonstrating that you fully understand, accept and agree to all conditions and terms set forth for this auction, whether in writing or implied verbally.
BUYER RESPONSIBILITY: From the moment auctioneer deems items sold, it becomes the sole responsibility of buyer. Reasonable care will be made by auction company to safeguard purchases, but in the event of theft, vandalism, accidental, or purposeful damage, negligence and/or and Act of God, Buyer agrees to hold auction company harmless.
All information contained herein is true and correct to the best of auction company's knowledge, but it is in no way guaranteed as to the accuracy of description made. Every items sold 'as is where is' without warranty as to usefulness or merchantability. Bidder/Buyer has opportunity during inspection days prior to auction to inspect or have inspected by third party all items contained in this auction. Strategic Rail Finance, Inc. and its Employees act merely as agents for sellers. All auctions are with reserve unless specifically stated otherwise. Reserves, if any, ARE NOT disclosed unless advertised as 'ABSOLUTE.' Auctioneers at their discretion may place a reserve bid on behalf of the seller. All final bids are subject to the seller's confirmation. Only the top bidder will be contacted as to the status of his/her bid. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers and you hereby agree to hold harmless STRATEGIC RAIL FINANCE, INC. and their Employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features and other data pertinent to the value of the item.
ALL ITEMS ARE SOLD AS-IS WHERE-IS unless specific factory or seller issued warranties are listed in the item description. You acknowledge that you have the right and responsibility to inspect the item(s) personally, or to have a third party representative inspect the item(s) for you. That by bidding on an item you have agreed to accept that item in its present condition at its present location and with the description provided whether accurate or not.
Upon your accepted bid of an item, that item shall immediately become your responsibility and be at your risk (whether you have paid for that item or not). You agree that Strategic Rail Finance, Inc., its employees, and their sellers are not responsible for lost, stolen or damaged items and will not reimburse or discount items for any type of loss. Buyers are responsible for any costs incurred to prepare their item(s) for transport and/or shipping. This includes but is not necessarily limited to the cost of any rigging, disassembly, special loading requirements, transport, packaging, insurance and all other costs related to physical transfer of their item(s). You agree to remit payment and remove from the auction property any purchases within the stated time for the auction being conducted. You further understand and agree that failure to remove items in the stated time for the auction will subject you to moving and storage fees unless arrangements have been made with the seller. When using our online auction services you are making firm commitments to purchase said item(s) and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason. Non paying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. You also acknowledge that the Internet may be an unreliable and error prone network. STRATEGIC RAIL FINANCE, INC. will not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion. You agree to hold STRATEGIC RAIL FINANCE, INC. and their employees harmless for any interruptions in online bidding. Further, the auctioneer has the sole discretion to accept or refuse any bid. STRATEGIC RAIL FINANCE, INC. retain the right, at our sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice.
STRATEGIC RAIL FINANCE, INC. provides this Abandonment Policy to inform you of our policies and procedures regarding any purchased item(s)/property that has not been removed by a buyer in a timely manner. Upon winning the bid for an item(s), after paying for item(s) purchased, a buyer is obligated to remove the item(s) from the auction site within a timely manner. STRATEGIC RAIL FINANCE, INC. may deem a buyer's failure to claim and remove equipment within 60 days following the close of an auction as evidence of buyer's intention to abandon the property. In these instances, Strategic Rail Finance, Inc. may take action that is adverse to buyer's interest in the property, including, but not limited to steps to dispose of the property. Disposition of property may include a variety of approaches based upon the buyer's purchase price of the property as follows: 1) For those items with a final selling price of $5,000 or less, STRATEGIC RAIL FINANCE, INC. will determine the appropriate disposition approach which may include: a. Removing and disposing as the company sees fit. b. Allowing seller to retain or scrap. c. Sell the item(s), whereby Strategic Rail Finance, Inc. will remit the sales proceeds to the buyer, less selling and advertising expenses, storage costs, plus 20% administrative fee. 2) For those items with a final selling price of greater than $5,000, STRATEGIC RAIL FINANCE, INC. may remove the item from the selling location and resolve as follows: a. Strategic Rail Finance, Inc. may reimburse the seller on the buyer's behalf for storage fees of $25 per day, with the total amount not to exceed $1,500. b. Sell the item(s), whereby STRATEGIC RAIL FINANCE, INC. will remit the sales proceeds to the buyer, less selling and advertising expenses, storage costs, plus 20% administrative fee. If a buyer has not removed the purchased item(s) from selling location within 8 business days after the close of the auction with the winning bid, the buyer will be responsible for directly paying the seller any and all storage fees if levied by the seller. If levied by the seller, storage fees will be $25 per day beginning the 10th day after the close of the auction/winning bid. All information contained in descriptions in catalog and Internet are made with auction company's knowledge and information, but are not guaranteed. Bidder/Buyer assumes all responsibility to determine the correct information, including but not limited to kind, age, year, model condition, make, serial number, etc. No sale shall be invalidated by inaccuracies, defects, damaged goods, or incorrect descriptions.
STRATEGIC RAIL FINANCE, INC. WILL NOT BE HELD LIABLE FOR SITE MALFUNCTION. YOU UNDERSTAND THAT THIS AUCTION IS ONLINE ONLY, AND SO RELIES ON DEVICES AND PROGRAMS THAT MAY MALFUNCTION WITHOUT WARNING. YOU AGREE THE AUCTIONEER WILL NOT BE LIABLE FOR ANY ERROR OR INCONVENIENCE THAT MAY BE THE RESULT OF SUCH A MALFUNCTION. YOU FURTHER UNDERSTAND AND AGREE THAT THE AUCTIONEER MAY VOID OR SUSPEND AN ITEM OR RESELL ANY ITEM IF THE AUCTIONEER DETERMINES A TRANSACTION TO HAVE BEEN AFFECTED BY ANY SITE MALFUNCTION. BY SIGNING INTO THIS AUCTION YOU AGREE TO ALL TERMS & CONDITIONS OF THIS 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.