Terms and Conditions for Online Auctions
READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE OR BY PARTICIPATING IN THE ONLINE AUCTION, YOU AGREE TO THESE TERMS AND CONDITIONS AND MAKE REPRESENTATIONS AS SET OUT HEREIN. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY OF THEM, RENE BATES AUCTIONEERS, INC., AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “AUCTIONEER”) OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO, REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY OWNER/SELLER AND AUCTIONEER.
- Access and use of any online auction site of René Bates Auctioneers, Inc. (collectively the “Site”) are subject to all of the terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to, copyright and trademark laws. Auctioneer reserves the right periodically and at its sole and absolute discretion to change the terms and conditions of the Site User Agreement and it is the Bidder’s responsibility to review the Site User Agreement terms and conditions prior to each use of this Site.
- By entering a Site, the Bidder agrees to abide by all of the specific terms and conditions posted for any particular auction. Auctioneer reserves the right to require valid identification and/or verification of any information submitted to the Site at any time, whether so stated or not. Auctioneer reserves the right, at its sole discretion, to ban any bidder or potential bidder from the Site for any reason Auctioneer deems necessary. Auctioneer reserves the right to disable Bidder's account at any time for any reason, whether specifically stated or not.
- All registration information Bidder provides to Auctioneer shall be current, complete and accurate. Bidders must be 18 year of age or older. Once registered, Bidder will not be able to change the name in which Bidder is registered. Changes to other registration information shall not be effective until accepted by Auctioneer. Auctioneer may require verification of the changed information. Auctioneer reserves the right to reject any registered Bidder at any time or for any reason. Providing false information when registering, such as a false name or contact information, will result in Auctioneer suspending Bidder’s access to the Site.
- A (refundable) $100.00 deposit in the form of a cashier’s check or money order is required from all Bidders prior to bidding on any item/lot(s) on this Site. At the time of registration, Bidders are given a one-time link to pay the refundable deposit via a third party service, PayPal. If Bidder chooses to pay its refundable deposit via PayPal, a $5.00 non-refundable fee for utilizing this option will be charged Bidder. If the name and address on Bidder's PayPal account do not match the Bidder's registration, Auctioneer may reject the PayPal payment. If Auctioneer, in its sole and absolute discretion, chooses to accept the PayPal payment, Auctioneer may require the Bidder and the person named on the PayPal account to provide additional documentation to Auctioneer, which will delay the activation of Bidder’s account. Auctioneer will not accept purchase payments via PayPal.
- So long as Bidder is not actively bidding on an item/lot and does not owe any outstanding settlement, Bidder may request, by email sent to Auctioneer, a refund of its deposit. Refunds of deposits not received by Auctioneer via PayPal shall be made by check issued by Auctioneer and sent to Bidder by regular mail. For deposits paid via PayPal, Auctioneer will process the Bidder's refund back to the Bidder via PayPal. In the event that Auctioneer receives a notice from PayPal that the refund has not been claimed, Bidder will be issued a check by Auctioneer sent to Bidder by regular mail.
- Placing a bid constitutes a binding offer between the Bidder and Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, Bidder is contractually obligated to buy the merchandise at the price in the bid. Placing a bid on the Site that is accepted and then not paying for the merchandise is illegal in most states and prosecution can result. Failure to honor the auction bid by the stated due date shall result in the forfeiture of Bidder’s deposit, the permanent removal of Bidder from the Site and from future auctions, and the reporting of Bidder to law enforcement authorities, at Auctioneer’s sole and absolute discretion. UNLESS OTHERWISE STATED FOR A PARTICULAR AUCTION, SELLER/OWNER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, IN ITS SOLE AND ABSOLUTE DISCRETION.
- Each Bidder is responsible for any bids placed under that Bidder’s bidding number and password. The security of Bidder’s information is the sole responsibility of each Bidder. If at any time there is reason to believe that the Bidder number and password have been compromised, Bidder shall notify Auctioneer immediately.
- The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more bidders, Auctioneer reserves the right to reopen bidding. AUCTIONEER’S DESIGNATION OF THE SUCCESSFUL BIDDER SHALL BE FINAL.
- The successful bidder will be furnished an electronic invoice at the conclusion of the sale and will be furnished an electronic receipt once full payment has been received. Electronic invoices and paid receipts will only be sent to the successful bidder's email address contained in the bidder registration file.
- Settlement for payment of purchases must be made by cashier's checks or money order payable to René Bates Auctioneers, Inc., unless otherwise noted in a specific auction's terms and conditions. All payments must be in U.S. currency and all negotiable instruments must be drawn on a U.S. bank. All payments totaling over $10,000.00 MUST be paid with a single cashier’s check or via wire transfer. (The wire transfer fee will be waived. You will need to contact our office for wire transfer instructions.) All payments must be received within (4) four business days of the close of the auction, unless otherwise noted. No partial payments will be accepted. Auctioneer may send an invoice related to an auction settlement; however, failure by Bidder to receive an invoice will not excuse Bidder's obligation for timely payment set forth herein. Bidder may be permanently banned from the Site if its payment is made past the stated due date, at which time the Bidder's deposit will be forfeited, even if its payment is received and accepted after the stated due date. All sales are subject to appropriate state Sales Tax laws; and all electronic invoices will include the appropriate sales tax, if applicable. Any Bidder wishing to claim resale or exemption must provide the properly executed tax forms within the time of payment as provided above, and the decision to accept the tax form is in the sole discretion of Auctioneer. Under no circumstance will sales tax be adjusted on an electronic receipt once it has been issued. Auctioneer may provide, in its sole discretion, an Assignment of Right to Refund for taxes paid in the State of Texas, if appropriate. Auctioneer will not adjust taxes or provide any tax forms for purchases in states other than Texas. Auctioneer reserves the right in its sole discretion to apply Bidder's deposit toward the payment settlement in the event Bidder has not timely remitted proper payment.
- The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct; however, Auctioneer does not have control over the items/lots that are posted to the Site and cannot, and does not, guarantee the correctness or authenticity of the descriptions or of the nature, quality, condition, quantity or size of any item/lot. Bidder acknowledges that all item/lots were available for inspection prior to the auction. Auctioneer and Owner/Seller strongly encourage Bidder to carefully inspect each item/lot in which Bidder has any interest to determine the item/lot’s nature, quality, condition, quantity and size. BY PLACING A BID, BIDDER AFFIRMS THAT IT HAS RELIED SOLELY ON PERSONAL INSPECTION AND NOT ON ANY INFORMATION LISTED ON THE SITE OR OTHERWISE PROVIDED BY AUCTIONEER OR OWNER/SELLER. BIDDER’S FAILURE TO INSPECT, OR OTHERWISE TO BE FULLY INFORMED AS TO THE NATURE, QUALITY, CONDITION, QUANTITY AND SIZE OF ANY ITEM/LOT SHALL NOT CONSTITUTE GROUNDS FOR ANY CLAIM, ADJUSTMENT, REFUND, TERMINATION OF THE CONTRACT OF SALE, OR REFUSAL TO CLOSE OR SETTLE ANY SALE.
- ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS and there are NO IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED.
- Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed, Auctioneer or Owner/Seller reserves the right to do so at any time before or during the sale. The Owner/Seller of merchandise sold through this Site reserves the right to reject any and all bids in its sole discretion.
- Merchandise becomes the full responsibility of Bidder at time of payment, and Bidder assumes all risk of loss and damage to the merchandise until removed from sale premises. Unless otherwise stated on the Site, merchandise may remain on the sale premises for a limited period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis on the specific auction page. After the final removal date, there will be a $25.00 per day, per item/lot storage fee charged to the Bidder. Unless otherwise stated in a specific auction, ownership of any merchandise not removed within ten (10) days after the final removal date shall revert back to the original Owner/Seller, even though the Bidder has made payment for the same, and the Owner/Seller may dispose of or resell the item/lot at its discretion.
- Any adjustment or refund regarding the sale of merchandise will be between Bidder and Owner/Seller only. Auctioneer settles the sale of an auction item/lot and accepts the payment therefor on behalf of the Owner/Seller as an independent contractor for the benefit of Owner/Seller, but has no authority to make, and will not process or negotiate, any adjustment or refund. Under no circumstances will an adjustment be made with regard to merchandise after the item/lot has been removed from the sale premises or, if not sooner removed, after the removal date posted by Auctioneer.
- Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer, and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives, from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with the use of the Site by Bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
- Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information. Auctioneer and Owner/Seller may require a valid state or federally issued identification at any time whether so stated or not. Auctioneer or Owner/Seller reserves the right to verify any and all information provided on this Site at any time. Any successful Bidder or their representative may be required to give a photocopy of the above referenced identification if requested by either the Auctioneer or the Owner/Seller. Auctioneer is not responsible for the use by Owner/Seller of Bidder’s information provided by Auctioneer. Please note that Auctioneer sells primarily for governmental agencies, and is not responsible for any information provided to Owner/Sellers that may be subject to the Public Information Act in Texas or any other states in which we conduct business. In Texas, the Public Information Act, formerly known as the Open Records Act, is located at chapter 552 of the Government Code. The Act provides a mechanism for citizens to inspect or copy government records. It also provides for instances in which governmental bodies wish to, or are required by law to, withhold government records from the public. For more information on the Public Information Act in Texas, please go to www.oag.state.tx.us.
- Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, please hit the unsubscribe link included in the email you receive from Auctioneer. Registered bidders may also update their email preferences by using the For Bidders-Update Your Subscription link on our home page. Subscribers by update their email preferences by using the Subscriptions-Update Your Subscription link on our home page.
- Auctioneer shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Site, Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of the Auctioneer shall be final.
- This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole and absolute discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder’s registration and use of the auction Site impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
- Bidder agrees that the Maximum Bid feature on the Site will only be used according to the specifications Auctioneer has in place for that feature. Bidder should not use this feature if it does not understand how the Maximum Bid feature works.
- Bidders shall not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. Bidders shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. Bidders shall not take any action that imposes an unreasonable or disproportionately large load on Auctioneer’s infrastructure. Bidders shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
- Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in McKinney, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Auctioneer pending the completion of arbitration. Bidder and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement.
- The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between Bidder and Auctioneer with respect to the subject matter hereof.
- All auctioneers are licensed and regulated by the Texas Department of Licensing and Regulation and are covered by a Recovery Fund administered by the Department. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-2906.
Bidder’s use of this auction site marks Bidder’s acceptance in full of these Terms and Conditions.