Auctions International - User Agreement

Terms and Conditions of Membership for www.AuctionsInternational.com

Acceptance of Terms

Before you attempt to buy items with www.auctionsinternational.com, Auctions International, Inc. requires that you read and accept the following Agreement. Those who are under the age of 18, or who are not able to form legally binding contracts are prohibited from using www.AuctionsInternational.com (the Site). If you choose not to accept this agreement, you will not be allowed to place bids on the website. For questions regarding this agreement, please contact our customer service department at 1-800-536-1401. This agreement is effective August 25th, 2008 for current users, and upon acceptance for new Users.

Terms & Conditions

By checking the box next to the 'Submit Registration' button, you hereby represent that you have read, understood, and accepted the terms and conditions of this user agreement and all agreements incorporated by reference:

1) Once the system accepts your online bid, you have entered into a binding contract with Auctions International, Inc., and are obligated to pay for your winning bid(s). By bidding, you are agreeing to be held personally liable for the bid amount, buyer’s premium, and any other fees or applicable taxes specified in the item description. Bidders agree that bidding on the Site is the legal equivalent of a firm purchase order. Auctions International, Inc. reserves the right, and you acknowledge and agree to its exercise of this right, to notify third parties, including law enforcement authorities, credit bureaus, other auction companies and industry regulators and authorities, about bidder's involved with or connected to fraudulent bidding or the failure to fully pay invoices in accordance with our terms and conditions.

2) All Bidders are required to pay for their purchases immediately upon receipt of an Adobe Acrobat electronic invoice, sent to the email address in the buyer's account. You agree to pay the full amount of your invoice within five (5) business days after you receive an Adobe PDF invoice in your email. Users who fail to pay for their bids within the designated time frame will be assessed a $10 administrative fee, plus a penalty fee equal to 20% of the outstanding invoice(s). These fees will be charged to the credit card that was used to register with the website, or added to the outstanding invoice(s). In addition to the penalty fee(s), the offenders account will be subject to suspension or termination, and charges may be filed to collect monetary damages in a court of law in Erie County, NY. By using this service, you agree that any dispute concerning an auction, any bid, use of the online auction service, or goods purchased shall be governed by and resolved in accordance with the laws of the State of New York, that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any claim, dispute or legal action concerning same shall be the New York State Supreme Court, County of Erie. A proceeding commenced in any other jurisdiction or venue shall be immediately dismissed and/or transferred to the Erie County Supreme Court. If you commence a claim or legal action in other than the Erie County Supreme Court, then you agree to be liable for all attorney's fees, court costs and disbursements incurred by Auctions International, Inc. in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, including the buyer's premium, or any portion thereof, then you shall be liable for all attorney's fees, court costs and disbursements incurred by Auctions International, Inc. in attempting to collect the amounts due. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute or legal action between the parties to this Agreement shall not be recoverable by one party against the other.

3) All sales are final. No refunds will be issued. All merchandise is sold "as-is", with no warranty, written or implied. No warranty is made with respect to the accuracy of any information provided to bidders regarding auction items, provided in either written or image form, and bidders should rely solely on their own investigation and/or research of the item they place bids on. Narrative descriptions and photographs provided in online auction listings are for bidder convenience only. We recommend that all potential bidders personally and physically inspect all auction merchandise, before bidding.

4) Auctions International does not transfer legal ownership of items from the Seller to the Buyer. The Buyer will become the Item’s lawful owner upon physical receipt of the Item. Auctions International shall not be responsible for dispute claims filed after an auction Item has been removed from the Seller’s premises by the Buyer, the transportation company hired by the Buyer, or any and all other agents of the Buyer.

5) All items listed on www.AuctionsInternational.com are sold 'Subject to Seller Approval' after the auctions close. Sellers that consign merchandise to our auctions reserve the right to accept or decline bids after the auction has concluded. Members can check the approval status of auctions they have participated in by visiting the 'Past Prices' page the day after the auction has ended. Declined bids will be indicated on the 'Past Prices' page, and the minimum amount required to sell the declined item will be shown (if applicable).

6) Buyers are solely responsible for removal of purchased items from the Seller's premises within the designated removal period indicated in every auction listing. Items left after this removal period will be considered abandoned, and will be subject to re-possession by the Seller, with no refund issued to the Buyer. Auctions International will not be held liable for storage fees imposed by the Seller(s) after the removal deadline indicated in the item listing(s). It is the buyer's responsibility to arrange removal, rigging and shipment of any and all Items purchased. Use the contact information provided in each listing to figure out what you are going to do with the merchandise before bidding.

7) Our website uses Dynamic Ending Times for online auctions. Online auction ending times will extend by one-minute intervals if bids are placed in the last minute before the scheduled auction ending time. The ending times of the auctions will keep extending by one-minute intervals as long as bidding continues. Once there is 59 seconds without any bidding, the auction will end.

8) Buyers pay, over the bid price, a discounted buyer’s premium of 10% for payments in cash, wire-transfers or guaranteed funds. A non-discounted buyer’s premium of 14% will be assessed for Buyers paying with credit cards, debit cards, personal or business checks. Read the payment terms in each auction listing to see whether there is a buyer's premium charged. All buyers will be charged appropriate sales tax unless they provide a completed resale certificate or other appropriate tax-exempt documentation with their payment.

9) In order to participate in Auctions International online auctions, users must register with Auctions International by filling out a registration form, and paying a non-refundable $10 registration fee. Upon credit card approval of the registration fee, and submission of the registration form, such user shall become a ‘Registered User’. Users agree that such information shall be (and kept) current, complete and accurate. Auctions International reserves the right to disapprove, suspend or terminate User accounts for any reason, at it’s sole discretion, and prohibit such User(s) from participating in the Services.

10) During the registration process, Users will select a ‘Member ID’, and upon successful registration a randomly-generated password will be sent to the email address entered on the registration form. Users are solely responsible in all aspects for all use of the login information provided by Auctions International. Users agree to notify Auctions International immediately of any unauthorized use of any Member ID or password, or any other breach of security regarding the Site.

11) Auctions International reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, or are intended to manipulate the auction process, or are prohibited by law. If Auctions International determines that a Seller or someone associated with the Seller has bid on that Seller’s own item, shill bidding penalties will be assessed against the Seller. Auctions International will ban the Seller from future use of Auctions International, cancel the involved transaction(s) and the Seller will be charged a Seller Default Penalty of 25% of the final auction price of the Items in question.

12) Auctions International reserves the right to withdraw, cancel, or postpone any auction listing at our discretion, and Auctions International will have no liability to prospective bidders or Sellers as a result of any withdrawal, cancellation or postponement of any auction.

13) Auctions International makes every effort to accurately describe vehicles and equipment using standard industry terms. Buyers must refer to the pictures contained in the auction listings to clarify their understanding of the specific item characteristics. Auctions International cannot be responsible for misinterpretation or oversight by the Buyer.

14) Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies, terms and conditions. We also reserve the right to cancel accounts that have been inactive for a long period of time.

15) All information contained on www.auctionsinternational.com is the sole property of Auctions International, Inc., and protected by United States Copyright laws. No one shall copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without the prior expressed written consent of Auctions International, Inc.

16) If any provision of this Agreement is held or determined to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

17) Neither Auctions International or any Seller make any warranties or representations of any kind or nature with respect to the property in the online auctions or it's value, and in no event shall they be responsible for correctness of description, mileage, hours, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of it's value. No statement (spoken or written) in our online auction listings, catalogs, at onsite auctions, or anywhere else shall be deemed such a warranty or representation, or any assumption of responsibility. The highest bidder for each Item shall be the Buyer, and if any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the disputed Item shall be put up again for bid and re-sold. Bidders should personally inspect Items before bidding.

18) Items not paid for within the required time period will be offered to the backup bidder(s) and/or re-listed in the online auctions. Auctions International reserves the right to offer any merchandise that was not paid for to any qualified buyer in order to satisfy the needs of our selling clients.

19) Auctions International is not responsible and shall not be held liable for interruptions or loss of internet connectivity, user errors or software issues, system failures of the bidder, or their internet provider, or due to unforeseen acts of nature.

20) We send an official PDF invoice (attached to an email) as soon as we obtain bid approval from the seller's authorized representative(s). Sometimes it may take up to a week to obtain approval. Please be patient. Refer to the 'Past Prices' page to see the status of approvals.

21) Auctions International is not responsible for year, make, model or serial number discrepencies. It is the buyer's responsibility to ensure that the year, make, model and serial number on the title match the year and serial number on the vehicle they receive.

22) Auctions International is not responsible for vehicles after they have been removed from the facility where they are located.