Hicks Auction Co NCAFL 7961

13%buyers premium
7% sales tax
3% credit card
5.00 handling fee per item to ship plus shipping cost

TERMS AND CONDITIONS
**Please note some items are times the money. Meaning; if you bid $10.00 on an item that is 2X Money you are bidding $10.00 Each for a total bid of $20.00.

REGISTRATION
You are registering for an online only auction. By registering you agree to all terms and conditions including those set forth as Hicks Auction Co., Terms and Conditions, and all Instructions regarding payment, shipping and removal of goods.

EMAIL
By registering for this auction you are giving permission to Hicks Auction Co. to place you on the Auction Update email notification list. You may opt out of this process at anytime by following the directions on the email itself.

WARRANTY
All goods are sold AS IS, WHERE IS with no warranty expressed or implied by the seller or auctioneer. The seller has provided descriptions of items for sale that are that are believed to be correct, however, neither the seller or the auctioneer guarantee the accuracy or correctness of any description. An on-site inspection time will be provided and inspection of goods is recommended by the auctioneer. Your failure to inspect goods before bidding does not relieve you of your responsibility to pay for your purchases as agreed. No claims for refund, price adjustment or withdraw of a bid will be considered. As a bidder you will determine the value, condition, age, authenticity, rarity or construction materials of the goods offered for bid. All transactions are between the seller and the buyer, the auctioneer acts only as an agent. Jewlery is not known, We are not jewlers. We take pictures and describe best we can, All Sales final.


BIDDING
This is an online timed auction. All bids for this auction must be placed online via the internet through our bidding platform. You will place a bid which will be considered your maximum bid. The system will then put your bid at the level required to make you the high bidder. As others bid your bid will be increased in pre-set intervals until you win the bid at the close of the auction or until your maximum bid is exceeded and you are out of the bidding. You may re-enter the bidding at any time is you are outbid. The opening and closing dates and times of the auction are posted at the end of the Terms and Conditions. The auctioneer reserves the right to extend bidding on any item which receives a bid in the final Two minutes of the auction. Extended bidding will continue until bidding on that item ceases. Auctioneers and Members of the auction company may bid on items to to purchase for their own collections or resale ect. Sellers Reserve the right to nosale any item after completion of the bidding and has had time to review the statement sheet. Auction Company reserves the right to approve or decline any bid or bidder in any or all sales.

As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer prior to the close of bidding.


The auctioneer is held harmless in the event of computer, software, hardware or server malfunctions, or down time during this auction event.

PREMIUMS AND TAXES
A Buyer's Premium of 13% will be added to your high bid and will be part of the final selling price. The Buyer's Premium represents the bidder's share of the cost of producing the auction. Seven percent (7%) sales tax will be added to the final invoice. If a bidder has a resale tax number, it is the bidder's responsibility to email a valid certificate to Hicksauctionco@yahoo.com (PRIOR TO THE END OF THE AUCTION) to receive the reduction. DON'T WAIT TILL YOU GET YOUR INVOICE AND EXPECT A REFUND!

VEHICLES AND FIREARMS
State Sales Tax, Property Tax, State Registration Fees on vehicles will not be charged by the auctioneer and are the responsibility of the buyer to pay the appropriate government agency. Any firearms sold by Hicks Auction Co, will be done in Compliance with State & Federal Laws. Working condition is to be determined by the purchaser by personal inspection. To purchase a firearm you must be (21 yrs) twenty-one years old, a resident of North Carolina, complete a Federal Firearms Application form and have in your possession valid North Carolina Drivers License. Firearms sold to residents outside North Carolina will be shipped to a Federal Firearm Dealer in your area at Buyers expense.

PAYMENT
Your payment method will be pre-determined when you register. We ask that during the COVID19 pandemic you pay by Credit Card or Debit Card, for the safety of our customers and staff. We accept Visa and MasterCard only. Your credit card number will be on file and the full amount of your purchases including the buyer's premium and sales tax, if applicable, will be charged to your account within (2) two hours of the close of the auction. Your acceptance to the Term and Conditions set forth herein includes your agreement not to initiate a chargeback on your credit card. A declined credit card will result in a ($10) Ten Dollar processing fee to use a different card or to process a check.

**All vehicles must be paid for in cash or certified check. We do not accept credit card payment on any items that require titles. Titles will be mailed within 10 days of payment and auction close.

REMOVAL
No goods will be removed from the auction site until paid for in full. The date and time for removing your purchases will be provided at the end of these Terms and Conditions. No exceptions to the scheduled pick-up times SPECIAL INSTRUCTIONS:

We are Not in the Shipping Business however, we will be happy to accomodate you for a fee of $5.00 MINIMUM Handling per lot Plus Actual Postage. Larger Items will be taken to a Local UPS Pack & Ship Store and the price will be determined by the Shipper. Please don't call us and tell us the Shipping is too Expensive.

This is an on-site-on-line auction. We will be on the site for pick-up ONLY AT THOSE TIMES POSTED. Merchandise not claimed will NOT be transported, held or rescheduled for pickup. It will be left in the home. The new home owners close shortly after the auction. PERIOD! In additional, an item not picked up will be forfeited. Payment will not be refunded. If you cannot meet the terms and conditions of this auction please Do Not Bid.


PICK UP:


IF YOU DO NOT COME DURING THIS TIME YOU WILL FORFIT THE ITEMS AND YOUR CARD WILL BE CHARGED. YOU AGREE TO THIS CONDITION BEFORE BIDDING AND IF CARD PAYMENT IS STOPPED WE WILL SHOW THIS CONTRACT TO THE FINANCIAL INSTITUTION.

All items not picked up by the end of the pick up day @ 5PM of the sale week will be considered abandon and forfeited to auction company to dispose of as they see fit to resell or dispose of and funds will not be refunded.


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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.

REGISTRATION OBLIGATIONS 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 AUCTIONS 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 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.

BIDDING 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. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

COPYRIGHT 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.

INDEMNITY 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.

LEGAL COMPLIANCE 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.

GENERAL INFORMATION 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.

NCAFL 7961