Bacbid.com

BacBid Online Terms and Conditions

REGISTRATION: Online registration will be available before and during the auction. All information provided by bidder during the registration process must be current, complete, and accurate. Bidder’s must provide a valid credit card in the Bidder’s name. BacBid, at its sole discretion, may deny registration to any person or entity.

DEPOSIT: A Cash Deposit may be required to register if stated or may be required to continue bidding after a monetary threshold has been reached. Failure to make a required deposit may result in suspension of bidding privileges.

COMPLIANCE WITH TERMS: Access and use of any online auction site of BacBid (the ‘Site”) is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of the User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT. Any bid made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. If bidder fails to make payment of bills in full, by the specified time, the auctioneer may retain all monies received as deposits or otherwise as liquidation damages. Immediate notification is required if a mistake is made in bidding, Buyer may still be held responsible for the bid. BacBid reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder’s responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.

PRIVACY: BacBid gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. BacBid does not sell or rent this information. BacBid uses electronic mail 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, simply forward the received e-mail to BacBid to have your name promptly removed from our list. Bidding will be anonymous. Only bidder numbers will be presented in the online environment. Bidders will be able to see the current high bid, bidder number of the high bidder and their own bidding status. The high bidder will know at the close of the auction that they were the high bidder. Bidder numbers will be assigned based on order of registration and will have no correlation to onsite or permanent bidder numbers that may have been assigned at previous onsite auctions.

SUSPENSION/PERMANENT BAN: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder’s bid number.

BUYER’S PREMIUM: Unless a specific auction states otherwise, a 16% buyer’s premium will be charged on all items and lots. Every bidder pays the same buyer’s premium and should bid accordingly. For example, if you bid $100 on an item at the auction you will be charged $116 for the item on your auction invoice.

RESERVE: All assets in the auction shall be sold to the highest bidder provider, however, some items may be auctioned with minimum reserve prices, and/or subject to the seller’s right of confirmation. On lots with a reserve the auctioneer reserves the right to bid on behalf of the seller. BacBic reserves the right to reject any bid that is only a minimal increase over the previous bid.

AUCTION CLOSING: Each auction has its own ending time listed on the auction’s site and in advertisements. Each lot will have what is called a “Soft Closing”, which means if a bid is placed within the last 60 seconds, the close of that lot and that lot only, will be extended for a period of five additional minutes. This five minute extension can happen indefinitely to any lot as long as additional bidding continues within the last 60 seconds. The “Soft Closing” is a way to AVOID the typical eBay style bid sniping where a winning bid is placed in the final seconds of an auction to avoid the competition from having another opportunity to bid.

PAYMENT: Buyer will receive an invoice via electronic mail by noon the next day following the close of the auction. Payment for purchases must be made by Credit Card (Visa or Master Card) or Wire Transfer, unless otherwise noted in a specific auction’s terms and conditions. Any item or lot not paid for in full within two days of the online auction item or lot’s closing date may be charged to the credit card on file for your bidder number, or resold at the discretion of Owner/Seller or BacBid. Bills must be settled before any items are removed. NO EXCEPTIONS!

REMOVAL: Removal cannot start until full payment is received. Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. 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. All removal shall be at the expense, liability and risk of the buyer, including disconnecting of utilities. If the buyer does not remove an item within the announced check-out period, BacBid and the owner/seller may, at their sole discretion, deem the item to have been abandoned by the buyer and the buyer will have no further rights with respect to the item. Notwithstanding the foregoing, BacBid and the owner/seller reserve the right to charge the buyer for the costs of storage beyond the checkout period, and/or such said items may be resold at public or private sale, without notice, with all deficiencies and expenses charged to the defaulting buyer. Any failure to meet this deadline will result in a daily penalty of 2% of the purchase price paid for the specific location, not to exceed a maximum of $1,000.00 USD per day.

CONDITION OF LOTS: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or BacBid concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS – WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items and lots were available for inspection prior to or during the auction and, by these terms, BacBid and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidder must rely solely on personal inspection and not on information listed on the Site or otherwise provided by BacBid or Owner/Seller. No allowance will be made for errors in cataloging, genuineness, defects or imperfections not noted. Online photographs are provided for bidder’s convenience and will not be interpreted to create representations or warranties for any item. BacBid relies upon information from the seller concerning all items and makes no investigation or warranty about the accuracy or completeness of this information. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. Use of this site is at your own risk.

ADDITIONS OR WITHDRAWALS: BacBid may, in its discretion, offer the assets for sale by the piece or by the lot, or in any manner that best serves the interest of the seller. It also may intersperse the auction with items from various sellers. The owner/seller, with consent of BacBid, has the right to add assets before the bidding, or remove assets from the auction before, during or after the bidding has been completed. In the event of a removal after bidding has been completed, the buyer’s sole remedy shall be the refund of any purchase price actually paid. The owner/seller of property sold through this Site reserve the right to reject any and all bids in their sole discretion.

ACKNOWLEDGEMENT OF DANGEROUS AUCTION SITE: Bidders acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. High bidders will so advise their agents and employees. This acknowledged risk extends into all activities involved in the removal of items including disconnection of utilities. Persons attending during preview, sale or removal assume all risks of injury, damage or loss of property and specifically release the auctioneer from liability.

RECORD: The record kept by BacBid will be taken as final in the event of any dispute.

AGENCY: BacBid is acting only as an agent and is not responsible for the actions of the principals.

MISPRINTS: BacBid relies on information about assets in the auction provided by the seller and undertakes no investigation of that information. BacBid shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty therewith. The auctioneer assumes no responsibility for, and makes no representations or warranties concerning, descriptions of assets contained in marketing materials for the auctions. It is the bidders’ obligation to verify such descriptions prior to the auction.

CONTRACT MOVERS: Any type of outside contractors, including riggers and machinery movers, will not be allowed to work on the auction premises until they have provided BacBid proper insurance, protecting BacBid, the seller and the landlord from all and any claims resulting from their actions.

ADDITIONAL AUCTION TERMS: May be posted within the BacBid Website or send via email to active bidders.

ANY MALFUNCTION, SHUTDOWN OR TEMPORARY LOSS OF SERVICE: Involving bidding for items may render the results of the auction Void. In such an event BacBid reserves the right to remedy the situation in whatever way best represents the seller, including canceling the existing bids.

INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and BacBid 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 Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement of any use by Bidder of the Site or as a result of a dispute with another Bidder.

BID IS A CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this site reserve the right to reject any and all bids, in their sole discretion.

USER AGREEMENT CONSTRUED UNDER WISCONSIN LAW: These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Wisconsin located in Dodge County. In bidding, you consent to agreeing with all the Terms and Conditions stated above and any auction specific terms posted on each auctions event page and/or terms emailed to you and or terms posted on bacbid.com.