Auction Terms & Conditions
**A $1,000. refundable deposit is required to bid online for this auction** Bidders credit card will be charged at the time of registration for the deposit. If you have any questions please contact Team Compass 1(800)-729-6466***
1. For purposes of these General Bidder Rules (at times referred to as "Agreement"), the term " FX Promotions/Arizona Bike Week " shall refer to FX Promotions, Inc. together with its affiliates, successors, assigns, agents, members, managers, shareholders, directors, officers, and employees. A person or entity registering to place a bid for the purchase of any collectible, artwork, signage, memorabilia, automobile, boat, motorcycle, or any other item (collectively or individually referred to as "Lot") presented in conjunction with an auction event hosted in whole or in part by FX Promotions/Arizona Bike Week is referred to herein as "Bidder" and shall be bound by these General Bidder Rules. The Bidder that places the winning bid for the purchase of a Lot is referred to herein as "Purchaser". A person or entity consigning a Lot for auction is referred to herein as "Consignor". Bidder shall be responsible for becoming familiar with the auction process and shall seek additional information as may be necessary prior to placing a bid for the purchase of a Lot.
2. Bidder/Purchaser understands and agrees that FX Promotions/Arizona Bike Week is merely performing an auction service and is not responsible for the Lot Description (defined in Paragraph 6) used in the description of a Lot; regardless of whether such Lot Description appears in any print or electronic media owned, maintained, or in any way associated with FX Promotions/Arizona Bike Week or an auction event.
3. Bidder is required to register in accordance with FX Promotions/Arizona Bike Week's policies and procedures which may be amended from time to time with or without notice. Bidder must use the card and number issued by FX Promotions/Arizona Bike Week when completing purchase of the Lot. Unless unusual or extraordinary events require otherwise (and only performed with the permission of FX Promotions/Arizona Bike Week which may be withheld for any reason whatsoever), invoicing and titling will be done according to the information on Bidder’s completed registration form.
4. For lost, stolen or misplaced bidder badges, a new bidder badge bearing a new number may be issued for an additional $100 registration fee. Bidder shall retain liability for any and all purchases made until a new bidder badge is issued. Alternatively, a Bidder may request that a lost, stolen or misplaced bidder badge be reprinted at no additional cost. Bidder shall, however, assume all liability for bids placed under his, her or its bidder number.
5. Bidder registration fees are non-refundable.
6. Bidder/Purchaser understands and agrees that all Lots shall be sold 'AS IS WHERE IS' without representation or warranty, express or implied, of any kind being offered by FX Promotions/Arizona Bike Week. Further, Bidder/Purchaser understands and agrees that all Lots are sold subject to and inclusive of all faults, including but not limited to structural, mechanical and cosmetic defects and imperfections and whether or not such faults, defects and imperfections are latent or obvious or included within the Lot Description (defined within this Paragraph 6). Bidder/Purchaser further understands and agrees that any description, representation, warrantee, or guarantee as to a Lot's authenticity, originality, condition, restoration, numbers-¬-matching features, ownership history, mileage, provenance, reliability, uniqueness, limited production, color, options, etc. ("Lot Description") are not those of FX Promotions/Arizona Bike Week. Bidder/Purchaser understands and agrees that he, she or it is solely responsible for determining the accuracy of Lot Description and for determining whether or not to place a bid for the purchase of a Lot. To the fullest extent permitted by law, Bidder/Purchaser hereby irrevocably agrees to release, waive, discharge and forever quit any and all claims, demands or causes of action against FX Promotions/Arizona Bike Week, without limitation, for matters arising out of, involving, or incidental to Lot Description. Bidder/Purchaser shall reimburse FX Promotions/Arizona Bike Week for all costs and expenses incurred by FX Promotions/Arizona Bike Week, including but not limited to reasonable attorneys' fees as a result of defending any action brought forth by Bidder/Purchaser or his, her or its insurer against FX Promotions/Arizona Bike Week involving or incorporating Lot Description.
7. Bidder/Purchaser agrees to accept ownership of the Lot at the fall of the gavel and shall assume all responsibility and liability for said Lot immediately and without further notice being due or given.span>
8. FX Promotions/Arizona Bike Week shall endeavor to process and deliver Lot titles within 30 days after completion of the auction event contingent upon receipt of good and available funds. Purchaser understands and agrees that delays can and do occur which involve issues beyond FX Promotions/Arizona Bike Week 's reasonable control. FX Promotions/Arizona Bike Week shall not be held responsible for damages incurred as a result of a Purchaser's delay in receiving title.
9. All Lots are offered for sale by number and, unless otherwise noted, are presented as a single Lot. The auctioneer will accept bids from on-¬-site and absentee Bidders in a form acceptable to FX Promotions/Arizona Bike Week. The auctioneer has the right to place a bid for Consignor up to the reserve amount. Bidder/Purchaser understands and agrees that the Consignor has the right to “lift” the reserve price at any time whereupon it will be sold to the highest Bidder existing at the fall of the gavel.
10. In cases where the winning bid cannot be determined with reasonable certainty, the Lot shall be offered for sale through the same repeated auction process. The auctioneer will use reasonable judgment as to the good faith of all claims involving bidding uncertainty and the auctioneer's decision shall be final and conclusive.
11. FX Promotions/Arizona Bike Week shall not be responsible for lost or stolen Lots. Further, FX Promotions/Arizona Bike Week shall not be responsible for damage or loss to any Lot unless the damage or loss is caused directly by the sole negligence of willful misconduct of FX Promotions/Arizona Bike Week itself. Lots must be removed from the auction event location within 24 hours of the final Lot offering. If not claimed, FX Promotions/Arizona Bike Week may arrange for the transport and storage of the Lot. Purchaser agrees that Purchaser alone shall be responsible for transportation and storage costs of the Lot and further agrees that FX Promotions/Arizona Bike Week cannot and will not be held responsible for damage, theft, loss, etc. occurring or alleged to have occurred during transportation or storage. Lots not claimed after 30 days following conclusion of the auction event shall be deemed to have been abandoned.
12. FX Promotions/Arizona Bike Week is entitled to any and all fees or commissions on any Lot sold within 21 days after the final day of the auction event at which the Lot appears.
13. Unless previous arrangements have been made, on-¬-site Bidder/Purchaser shall within one (1) hour of placing the winning bid pay for the Lot in the amount of his, her or its winning bid plus applicable commission and taxes. Absentee Telephone and Internet Bidder/Purchaser shall within one (1) day from the end of the auction, pay for the Lot in the amount of his, her or its winning bid plus applicable commission and taxes. Bidder/Purchaser shall not temporarily or permanently suspend conversion of the payment into good funds immediately available to FX Promotions/Arizona Bike Week. Bidder/Purchaser understands and agrees that any stop payment order shall be conclusive evidence that the Bidder/Purchaser knowingly and purposefully intended to commit fraud at the time the Lot was purchased. Any check issued by Bidder/Purchaser and drawn upon an account with insufficient funds shall also constitute prima facie evidence of Bidder/Purchaser's intent to commit fraud.
14. If making multiple purchases, an open check may be deposited with FX Promotions/Arizona Bike Week's office personnel with full authority granted by Bidder/Purchaser to complete the payment amount within a reasonable time following Bidder/Purchaser's purchases.
15. In the event of a default by Bidder/Purchaser, FX Promotions/Arizona Bike Week may, in addition to asserting all other lawful remedies, perform the following: (i) hold the defaulting Bidder/Purchaser liable for the purchase price of the Lot and sue for specific performance under the terms of this Agreement; (ii) cancel the transaction and retain as full or partial liquidated damages any payment made by the Bidder/Purchaser; (iii) resell the Lot without reserve at a future FX Promotions/Arizona Bike Week auction event or via private sale, with or without advance notice to Purchaser; (iv) purchase the Lot for the same amount offered by Bidder/Purchaser; and/or (v) take any other lawful action deemed necessary or appropriate by FX Promotions/Arizona Bike Week. The defaulting Bidder/Purchaser shall be liable for the payment of any deficiency in the purchase price existing between the original sale price and that obtained after Bidder/Purchaser's default. Bidder/Purchaser shall be liable for all other costs and expenses arising directly or indirectly from Bidder/Purchaser's default, including but not limited to freight, storage, auction entry fees, commissions due, reasonable attorneys' fees, court costs and expenses, etc. In the event that Bidder/Purchaser pays only a portion of the purchase price for any Lot purchased, FX Promotions/Arizona Bike Week shall, at its election, credit the payment received in a manner deemed appropriate in FX Promotions/Arizona Bike Week's sole discretion with any amount being owed to FX Promotions/Arizona Bike Week for current or past obligations of Bidder/Purchaser being first credited. A defaulting Bidder/Purchaser shall be deemed to have granted FX Promotions/Arizona Bike Week a security interest in and to any Lot in FX Promotions/Arizona Bike Week's possession. FX Promotions/Arizona Bike Week may retain such Lot as collateral security for Bidder/Purchaser’s obligation to FX Promotions/Arizona Bike Week. FX Promotions/Arizona Bike Week shall have benefit of all rights of a secured party under the Uniform Commercial Code.
16. Without further notice, Bidder/Purchaser authorizes FX Promotions/Arizona Bike Week to charge Bidder/Purchaser’s credit card for any amount due to Consignor and/or FX Promotions/Arizona Bike Week.
17. Notwithstanding anything in this Agreement to the contrary, Bidder/Purchaser together with its insurer(s) hereby waive and release FX Promotions/Arizona Bike Week and its insurer(s) from any and all right of recovery, claim, action, or cause(s) of action against FX Promotions/Arizona Bike Week for any theft, loss or damage that may occur, or is alleged to have occurred, to any Lot purchased by Purchaser regardless of cause or origin including negligence or willful misconduct of FX Promotions/Arizona Bike Week to the extent Bidder/Purchaser is insured against such theft, loss or damage under policies carried by Purchaser.
18. For Lots identified as having "matching numbers", additional information is available by visiting www.AZBIKEWEEK.com and accessing the "Entry Rules" tab under "Seller Info". Additional information is also available from FX Promotions/Arizona Bike Week upon request.
19. FX Promotions/Arizona Bike Week shall be entitled to reasonable attorneys' fees and associated costs incurred in the enforcement of these General Bidder Rules and any other agreement(s) to which Bidder/Purchaser is subject. Participation as a Bidder/Purchaser at an auction event constitutes knowledge of, and consent to, the terms and conditions of these General Bidder Rules regardless of whether Bidder/Purchaser places his, her or its signature or mark of acceptance hereon.
20. Bidder/Purchaser understands and agrees that the auction event may be televised live or on a tape delayed basis and will be widely broadcast to a national or international audience. By attending the event and being provided with these General Bidder Rules, Bidder/Purchaser and those attending as guests of Bidder/Purchaser ("Guests") irrevocably consent to FX Promotions/Arizona Bike Week using Bidder/Purchaser's and Guest's image, voice and likeness throughout the universe, in any and all media. Bidder/Purchaser shall provide notice of this Paragraph 20 to Guests as it deems reasonably necessary.
21. If any provision, clause or part of these General Bidder Rules, or the application thereof under certain circumstances, is held invalid, the remainder of these General Bidder Rules, or the applications of each provision, clause or part under other circumstances, shall not be affected thereby and shall remain in full force and effect.
22. The use of defined terms in these General Bidder Rules are used only as a matter of convenience and in no way affect the terms or intent of any provisions of these General Bidder Rules. All defined phrases, pronouns and other variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the actual identity of the organization, person or persons may require.
23. The parties, having had the opportunity to consult with counsel, hereby waive any right to trial by jury in any proceeding arising out of or relating to this Agreement and whether sounding in contract, tort or otherwise. The parties may file a copy of this section with any court as written evidence of the knowing, voluntary and bargained-¬-for agreement between the parties irrevocably to waive trial by jury and that any proceeding whatsoever between them relating to this Agreement shall instead be tried in a court of competent jurisdiction by a judge sitting without a jury.
24. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona without giving effect of any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Arizona. Bidder/Purchaser irrevocably submits to the jurisdiction of the State of Arizona, Circuit Court of Maricopa County, over any dispute arising out of, or relating in any way, to this Agreement or to the transaction(s) to which it relates. The Bidder/Purchaser irrevocably agrees that all claims shall be heard and determined in such Court. The Bidder/Purchaser irrevocably waives, to the fullest extent permitted by law, any objection or defense which he, she, or it may now have, or come to have, regarding the inconvenience of this forum.
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.