Auction Terms & Conditions
Real Estate Terms of Sale:
Thank you for participating in this Online Auction Event. Outlined below are the Terms & Conditions of Sale. Please read them carefully. By placing a bid, you are acknowledging your acceptance of these Terms.
Auction Firm: For the purposes of Terms of Sale, Gryphon Auction Group, Borror Inc., Richard F. Kruse, Auctioneer are collectively known as “Auction Firm”.
Inspection: Real estate brokers/agents may show By Appointment Only, with a staff member of Auction Firm in attendance, following the registration of their prospective client with Auction Firm using the approved Broker Registration Form and providing evidence of financial ability to fund the purchase. An Open House will be conducted on Saturday, March 30 from 1-3pm.
Registration: To obtain a buyer number for the real estate auction, the buyer must complete online registration with Auction Firm and agree, if the highest bidder, to tender a deposit of $2,500 with the Purchase & Sale Agreement and execute a Purchase & Sale Agreement for delivery to Auction Firm not later than the next business day following the conclusion of the auction.
Be it understood that Auction Firm advises all potential buyers to seek legal counsel if for any reason they do not understand any part of the auctions TERMS and CONDITIONS.
Agency: Auction Firm represents the Seller ONLY in this transaction. Other agents of Borror may represent buyers and all registrants to the auction hereby consent to Dual Agency.
Contracts: The successful bidder for the purchase of the real property shall sign and return all documents to Auction Firm on the next business day following the conclusion of the auction. Transmission may be by email to email@example.com or by contacting Auction Firm at 614-885-0020 to make arrangements for hand delivery in Columbus, Ohio.
A copy of the Purchase and sale Agreement is available by contacting Richard F. Kruse, Auctioneer at firstname.lastname@example.org or visiting our website at www.gryphonusa.com.
Deposits: A deposit in the amount of $2,500 will be collected from the high bidder by wire transfer to Allodial Title not later than 5pm on the business day following conclusion of the auction.
Buyers Premium: A Buyers Premium of 10%, with a minimum Buyers Premium of $2,000, shall be added to the high bid at the close of bidding. The high bid plus buyers premium shall constitute the Total Contract Price paid by the Buyer to the Seller.
Closing: Within thirty (30) calendar days following the date of the client approval of the Auction Agreement. Closing shall occur through Allodial Title or another Closing Agent of Sellers choosing. Seller shall pay title search fees, taxes through the date of closing and transfer tax. All other closing costs shall be paid by Buyer. At Closing, Buyer shall receive a general deed to the Property in transferable and recordable form.
Possession: Buyer shall be entitled to possession at closing.
Contingencies: The sale shall be subject to the review and approval of the Seller over and above an undisclosed minimum reserve price.
Real Estate Brokers: Real estate brokers shall be paid a fee equal to 2% of the high bid amount provided that brokers register their buyers with Auction Firm prior to (a) any interaction between prospective bidder and Auction Firm and (b) the registration by prospective buyer for participation in the online auction. Brokers/agents MUST attend any inspections of the property with their clients. Full terms of Broker Registration is available on the web at www.gryphonusa.com.
Condition of Sale: BUYER ACCEPTS THE PREMISES "AS-IS WHERE IS", WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY SELLER INCLUDING ANY REPRESENTATIONS REGARDING ENVIRONMENTAL CONDITIONS AFFECTING THE PREMISES. THE WARRANTIES EXCLUDE, BUT ARE NOT NECESSARILY LIMITED TO, FREEDOM FROM STRUCTURAL DEFECTS, CONSTRUCTION IN A WORKMANLIKE MANNER AND FITNESS FOR HABITATION.
Jurisdictions: The respective rights and obligations of the parties with respect to the herein terms and conditions and the conduct of the Public Auction shall be governed and interpreted by the laws of the State of Ohio. By bidding at the Public Auction, whether present in person or by agent, by written bid, online or other means, the buyer shall be deemed to have consented to the jurisdiction of the Court. Any controversy or claim arising from or relating to the any purchase contract or incidental document associated therewith, or breach thereof, shall be determined and settled by the County Court of Common Pleas in Franklin County, Ohio.
High Bidder Notification: At the conclusion of the auction winning bidders will receive an email advising of the item won as well as provided with an invoice for payment. Bidders will receive an email only and are responsible for checking your email account.
BUYER BEWARE: By placing a bid, the bidder acknowledges that s/he has been provided an opportunity to conduct an inspection of the property and is entering into this agreement as the result of a thorough inspection, or acknowledged opportunity to inspect, of the property being purchased and in an AS-IS, WHERE-IS, and AS-INSPECTED condition with any and all faults.
The above-stated Terms & Conditions of Sale cannot be altered except in writing by Richard F. Kruse, Auctioneer. By registering to bid, you agree that I have read and understand the previous terms and conditions.
Home Contents Terms of Sale:
Outlined below are the Terms & Conditions of Sale. Please read them carefully. By placing a bid, you are acknowledging your acceptance of these Terms.
NOTE: THIS IS AN ONLINE ONLY AUCTION EVENT.
AUCTION CLOSING DATE: Bidding continues until 6pm EST on Sunday, April 7, 2019. At that time, lots will begin closing at a rate of 8 per minute until the last item is sold. With overtime bidding, this auction could last a long time. PLEASE use your max-bid feature.
REGISTRATION: All registrants must provide name, address, email address, phone number and valid credit card number in order to register. Note that the address on the registration must match the mailing address on file with your credit card company.
PAYMENT: Payments may be made by Visa, MasterCard, American Express. Credit cards used to register for the auction will be charged at the completion of the auction.
DECLINED CREDIT CARDS: Any bidders with credit cards that are declined at reconciliation will be charged a $10 processing fee to run another credit card or to run same card at a later time - NO EXCEPTIONS!
BUYERS PREMIUM: A 16% Buyers Premium will be added to the final bid price and included in the total sale price.
HIGH BIDDER NOTIFICATION: At the conclusion of the auction winning bidders will receive an email advising of the items won as well as provided with an invoice for payment. Bidders will receive an email only and are responsible for checking your email account.
BUYING MULTIPLES (X THE MONEY) - When bidding on multiples of an item in a single lot, you are bidding the price for one (1) item x the number of items indicated in red to the left of the photo. Example - x5 = your bid price x that same price for 5 items.
REMOVAL: Your invoice will detail date, time and location of pickup in Columbus, Ohio. Items cannot be transferred to an alternate location. Therefore, it is necessary to pick up the items on the date and time stated.
Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned back to the Seller. No refunds or charge backs will be granted due to lack of removal at designated times. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will only be released following full payment. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location. No items will be released without a paid email receipt. Please bring sufficient packing materials, tools and boxes.
IF YOU DO NOT FOLLOW THROUGH TO PAY AND PICK UP YOUR ITEMS AFTER THE AUCTION IS OVER WE WILL CONSIDER YOUR ITEMS ABANDONED. YOU WILL STILL BE RESPONSIBLE TO PAY FOR THOSE ITEMS.
Auctioneer shall not be responsible for non-delivery to any purchaser of any lot other than to refund deposit or sum paid on any lot, should Purchaser be entitled to said refund due to Auctioneer error.
In the event an item is not available for pickup, the Buyer must notify our on site staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours of the close of the removal period, the Auctioneer and Buyer agree that no adjustment or refund will be made.
REMOVAL TIME: Removal shall be Tuesday, April 9 between 3PM and 7PM, EST.
FIREARMS: All firearms must be transferred through an FFL of the Sellers choosing in the Greater Central Ohio Region. NOTE: A transfer fee of up to $50 may be charged by the transferring FFL and will be a cost borne by the purchaser in addition to the purchase price of the firearm.
SHIPPING OF AMMUNITION: Ammunition WILL NOT be shipped under any circumstances.
GENERAL MERCHANDISE SHIPPING: Shipping of items, other than firearms, is available. A $5 per box handling fee will be charged, plus the cost of shipping in USPS flat rate boxes. We will combine multiple items per box however reserve the right to split items into multiple boxes at our discretion to facilitate the safest shipping option available.
STAGGERED CLOSING: The online auction moves fast and closes 1 item every minute. The automatic system will close the bidding on intervals.
DYNAMIC CLOSING: The closing time of an asset is automatically extended an additional 2-3 minutes whenever a bid is placed within the last 5 minutes of the asset's closing time.
BUYER BEWARE: By placing a bid, the bidder acknowledges that s/he has entered into this agreement as the result of a thorough inspection, or acknowledged opportunity to inspect, of the merchandise being purchased and that all merchandise is sold in an "AS-IS, WHERE-IS, and AS-INSPECTED" condition with any and all faults.
While descriptions are believed to be correct, the Auctioneer and the Seller make no warranties or guarantees, expressed or implied, as to the genuineness, authenticity or merchantability of, or defect in any item, and will not be held responsible for any discrepancies or inaccuracies. No warranties are made as to the merchantability of any item or their fitness for any purpose.
ALL SALES ARE FINAL. It is understood and agreed that the Auctioneer is acting as an agent only and shall in no case whatsoever be held liable by either party for the performance of any term or covenant of this agreement or for damages for non-performance thereof. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages and claims of any type whatsoever caused by the removal of the item(s) purchased.
CAUTION: Occasionally the wrong photo is displayed always read the item description. Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they may be connected or pictured together. Please inspect the lot numbers and read the descriptions. You are bidding on the described item not the photo occasionally the wrong photo is displayed always read the item description.
IMPORTANT! The Auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchase, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.
The Auctioneer reserves the right to add or remove items from the auction - split or combine lots - add minimum bids or reserve prices - cancel, suspend, extend or reschedule an individual item and or auction event - make changes to the auction closing times or inspection or removal times.
Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by the Franklin County Court of Common Pleas in Franklin County, Ohio. Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.
The above-stated Terms & Conditions of Sale cannot be altered except in writing by The Auctioneer.
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.