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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) Successful high bidders are provided an invoice to pay.
There are two different payment amounts.
1.) A non-discounted rate for payments made with credit/debit cards, and,
2.) A discounted rate for payments made with certified funds; cash, bank transfer, guaranteed funds or money order.
Please make sure your payment amount reflects your choice of payment method.
Individuals who pay the non-discounted rate with cash or guaranteed funds will have a one-time, courtesy refund issued for the overpayment. Subsequent overpayments will have a $35 administrative fee deducted from the remittance amount (or charged against) the invoiced buyer. Please make sure you are paying the correct amount, per your means of payment.
4) 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.
5) 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.
6) 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).
7) 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.
8) 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.
9) 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.
10) 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.
11) 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.
12) 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.
13) 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.
14) 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.
15) 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.
16) 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.
17) 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.
18) 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.
19) 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.
20) 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.
21) 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.
22) 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.
23) Auctions International is
not responsible for vehicles after they have been removed from the
facility where they are located.
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