Name Kelmar Living Estate Auction
Auctioneer Allcoast Auction & Realty
Type Internet Absentee Bidding
Date(s) 9/17/2016
Online timed bidding may start at 6pm on September 7th
Preview Date/Time Preview for onsite auction is Saturday September 17th 9 am.
Checkout Date/Time Check out is required for online successfull bidders with 24 hours of being notified that they are the successfull bidder. Onsite successful bidders must check out on day of sale.
Location 4708 Orange Grove Blvd
NORTH FORT MYERS, Fl 33903
Buyer Premium 15% on all lots, plus 3% for credit/debi
Description
This is a timed and and live auction. All bids placed on line will be used as ether the minumum starting bid or the final bid on a lot or lots. If a online bid is matched by an on site live said live bid will win lot.
Auction Terms & Conditions BIDDER CONTRACT This bidder contract entered into between a legally registered Bidder and the Allcoast Auctions & Realty here after refeRred to ACAR. Bidder agrees that the terms listed below shall govern this auction and he/she agrees with them. Additional terms may be posted or announced from the auction block and these terms are just as binding as the ones listed below. 1. Full Payment - All items must be PAID IN FULL before bidder leaves the auction. Nothing may be removed until it is settled for. Payment for purchases must be made by cash, check or charge card with proof of identity. All sales are subject to local sales tax and 13 % buyers premium for onsite bidders and 15% for online or absentee bidders, 3% discount for cash. 3% convience fee for debit/credt transactions. Bidder agrees Not to stop payment on checks or credit cards and is responsible for any charges incurred for collection of a bad check. The Auctioneer has the right to repossess, at any time, at your location, the merchandise involved with a bad check. 1A. TERMS OF PAYMENT. At the announcement of "SOLD", the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneer's hammer or at the announcement of "SOLD". The purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. The purchaser further agrees to pay the Total Amount Due. The Total Amount Due must be paid in full the day of sale if attending in person, otherwise upon receipt of the buyer's invoice. All property must be removed from ACAR's premises at the purchaser's expense no later than 5:00 p.m. two days following the date of sale unless otherwise agreed. If the property is not removed within two days following the date of sale, it will be stored at ACAR's facility at a cost of $10 per item, per day. The purchaser will then be unable to pick up the purchased lots until the storage fees are paid to ACAR. If the purchased lots are not picked up and storage fees NOT paid to ACAR, the items will be sold pursuant to Statute Sections 83.801-83.809 of the Florida "Self-storage Facility Act". 2. Warranty - all items are sold as is, where is, without guarantee of any kind. The description in our advertising is believed to be correct, nevertheless, neither those descriptions nor any oral statements made by the owner or his agents or the auctioneer concerning any item shall be construed as a warranty, neither expressed or implied. I, the bidder regardless of inspection or not accept the merchandise as is where is. 3. Disputes - The Auctioneers shall designate the winning bidder after each item is auctioned. If a disputes arises between two bidders, the Auctioneers reserve the right to reopen the bidding. The Auctioneer's designation of the buyer is final. 4. Buyer's Responsibility - After a bidder has won the bid, they are now the new owners of this item, even though they may not have paid for the item yet. The item or items is the sole responsibility of the buyer and they assume all risk for loss or damage, buyers should guard their items accordingly. Watch your ITEMS! 5. Injury and Damage - Bidder acknowledge responsibility for any personal injury or property damage caused by bidder or his agent and further agrees to hold Auctioneer harmless from any personal injury to himself or his agents and any property damage incurred on auction premises. 6. Agents only - The Auctioneers are acting as the Agents for the Sellers only. 7. FAILURE TO DELIVER PURCHASER'S PROPERTY. If ACAR is prevented by fire, theft, or any other reason from delivering any property to the purchaser, ACAR's liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. 8. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale SA may accept bids on behalf of potential bidders at ACAR's own discretion by telephone or internet. Additionally, on-line bidding may be available on ACAR's website. Purchasers acknowledge that by bidding absentee via mail, e-mail, telephone, through internet providers, or any other absentee means (i.e., not in person bidding), no fiduciary duty exist between the bidder and ACAR. The purchaser acknowledges ACAR has a financial interest in all items offered for sale. The purchaser acknowledges that there may be a conflict of interest in that ACAR may have an interest in items beyond the seller's commission and buyer's premium. In fact, ACAR may have offered a guaranteed amount to a particular consignor or may actually have an ownership interest in an item offered for sale. Purchaser acknowledges that ACAR has a fiduciary duty to the sellers and not to the bidders or purchasers. Purchaser acknowledges that ACAR owes no duty to disclose the ownership of any item being auctioned. Any absentee bid is executed as if the bidder was actually present and bidding themselves. ACAR will attempt to execute bids in a manner such that the bids will prevail at the lowest bid possible. ACAR assumes no responsibility for failure to execute telephone, sealed, or website/online bids for any reason whatsoever or for failure to execute bids such that the bids do not prevail at the lowest bid possible. I have read this document and hereby agree to the above terms and conditions by registering for this auction. --------------------------------------------------------------------------------------- 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.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 100.00 5.00 USD
100.01 - 1,000.00 25.00 USD
1,000.01 - 10,000.00 250.00 USD
10,000.01 - 100,000.00 2,500.00 USD
100,000.01 - 9,999,999.99 10,000.00 USD
Currency USD
Buyer Premium 15% on all lots, plus 3% for credit/debi
Payment Terms
TERMS OF THE SALE ARE, CASH, BANKABLE CHECK, WIRE TRANSFER, MASTER CARD, VISA, AND DISCOVER, 3% CONVENIENCE FEE FOR CREDIT AND DEBIT CARD TRANSACTIONS.
Bidders are responsible for removing and/or shipping your own items post-auction. Any items left over 24 hours will incur a storage fee of $10.00 per day. Any successful Absentee or "left Bids" must be picked up and paid for the day after the auction sale. All out of the area bidders will be responsible for their own packing and shipping. pack & ship Express 7950 Dani Dr. Ste 140 Fort myers, Fl. 33966 239-277-0170