Auction Terms & Conditions
REAL ESTATE ONLY
1. By registering for this auction, the bidder agrees that the items listed below shall govern this auction and he/she agrees to them. This auction will take place both "live" and by "absentee bid". Make sure you have a form of government issued identification. You will need to present this ID at the sale in order to bid.
2. Property Auction is scheduled to be held on December 1, 2016 12:00 PM at premises located at 635 North Chester Road, Swarthmore PA. Property may be previewed Saturday and Sunday November 12th & 13th from 12:00PM - 4:00PM and Saturday and Sunday November 26th & 27th from 12:00PM - 4:00PM. Please use this time to examine and make note of the condition of the property as no other previews will be allowed. UNAUTHORIZED ENTRY TO ANY PROPERTY WILL BE CONSIDERED TRESPASSING. Property Auction will begin at 12:00 PM and will continue without intermission until the sale of the building has been completed.
2A. RESERVE AUCTION - This auction is subject to a minimum Reserve Price set by the Seller.
The Seller is not obligated to accept the highest bid if the Reserve Price is not met. The Seller
may at Seller's sole discretion direct the Auctioneer to accept a bid lower than the Reserve Price,
but Seller is not obligated to do so. The Reserve Price shall be kept confidential and shall not be
disclosed by the Seller or the Auctioneer (or its related parties) or any other party involved with
3. REGISTRATION: PRE-REGISTRATION by Noon on the day of the auction is REQUIRED!
Register ONLINE at www.UniqueVintique.hibid.com. You may also pick-up a registration packet on November 17th 4 PM at the premises.
All bidders MUST pre-register BEFORE you arrive on auction day. BEFORE entering the premises, you must stop at the Registration Desk. You must present a valid PHOTO identification which will be scanned into our system. You will in turn be issued a permanent bidder number and a bid card with which to bid. Bidders MUST be at least 18 years of age and must provide appropriate DEPOSIT of $3,000 FOR EACH PROPERTY you plan to bid on upon registering.
4A. A BIDDER DEPOSIT of minimum $3,000 required prior to bidding. You may pay in the form of Cash or Certified funds. You may also pay with credit card or PayPal. Send PayPal payment to firstname.lastname@example.org or log into PalPal.Me/UniqueVintiqueLLC. Your deposit will be reduced by any fees associated with processing ALL credit card and/or PayPal payments. Please contact Unique Vintique LLC at 215.469.4553 to obtain wire transfer information. Auctioneer reserves the right to approve or decline any bidders attempting to register online but who fails to fully meet the requirements of the online registration. Deposit to be applied towards the non-refundable Earnest Money Deposit which must equal 10% of the Total Contract Price. Non-purchasing Bidder Deposits shall be returned to the bidders within 4 business days following the auction. If your bid is accepted, DEPOSIT will NOT be refunded under any circumstances.
4B. EARNEST MONEY DEPOSIT: Within 7 days of the signing of the Purchase and Sale Agreement pursuant to paragraph 8, the buyer must place the balance ten percent (10%) of the Total Contract Price down as a non-refundable Earnest Money Deposit. The Earnest Money Deposit may be made in the form of cash or cashier's check, subject to the seller's approval. Any business check or personal check will need to be accompanied by an Irrevocable Bank Letter of Guarantee (See attached sample form) for the amount of the down payment.
5. BIDDING-To enter a bid: Bidder holds up their bid card cards in a way that's visible to the auctioneer or one of the spotters. Use only the bid number assigned to you. Only those bidders holding bid cards will be allowed to place bids. The auctioneer will determine who the successful bidder is. NOTE: You may also be bidding against Absentee bidders by Proxy.
Absentee bidding is through www.UniqueVintique.HiBid.com
6. The auctioneer is the only party allowed to determine that a bid has been placed. If an auctioneer misses a bid, the missed party has no right to have the bid reinstated. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion to determine the successful bidder or to re-offer the item in dispute.
7. BUYER'S PREMIUM: A ten percent (10%) Buyer's Premium shall be applied to the winning bid. The Buyer's Premium shall be added to the winning bid to arrive at the Total Contract Price to be paid by the buyer at closing.
8. SALES CONTRACT and ESCROW FUNDS: The winning bidder shall be required to enter into the Purchase and Sale Agreement in its current form (See attached sample form) immediately following the close of bidding. The fully executed purchase and sale agreement shall control all terms and conditions of the sale and constitute the entire agreement between the seller and the winning bidder. In the event of a conflict between these Terms and Conditions of Auction and the Purchase and Sale Agreement, the terms and conditions of the Purchase and Sale Agreement shall prevail. No changes to the terms of the Purchase and Sale Agreement will be permitted. If for any reason a bidder fails or refuses to make the Earnest Money Deposit or to execute the Purchase and Sale Agreement immediately after being confirmed as the winning bidder, the Auctioneer and/or the seller reserves the right to declare the bidder's rights forfeited and may resell the property and pursue any other remedy available, whether legal or equitable, against such bidder. Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired and recordable Power of Attorney, approved by the Auctioneer and/or the seller prior to the auction. If a person is bidding on behalf of a corporate entity, the bidder shall be individually bound until the bidder presents evidence that he/she is authorized to sign on behalf of such entity, all in a form acceptable to the Auctioneer and/or seller.
9. BUYER is responsible for paying: Entire fair market value transfer taxes (including all of the 2% Pennsylvania real estate transfer tax); All settlement charges (including without limitation pro rata allocation of county, borough and school district real estate taxes as of the settlement date); a 10% Buyer's Premium to the Auctioneer/Auction House due at time of settlement which
will take place on or before 45 days from the day of auction. Buyer is also responsible for the application fee and obtaining a Swarthmore Borough Use and Occupancy Permit.
10. SELLER PAYS: All pre-existing Liens and Encumbrances.
11. CLOSING DOCUMENTS: Prior to the auction, seller has represented to broker/auctioneer that title conveyed shall be insurable and free and clear of liens or encumbrances at settlement.
12. AS IS: The subject property is being sold "AS IS, WHERE IS" without any warranty either expressed or implied by either seller/broker/auctioneer.
13. REPRESENTATION: By execution of this agreement the bidder acknowledges the Broker/Auctioneer represents the sellers only, and the commission paid in respect to this sale is identified as a Buyer's Premium.
14. DETERMINATION OF DISPUTES: In the case of disputed bids, the Broker/Auctioneer shall exercise his or her best discretion in determining the resolution of claims and such decision is final. Such decision shall not be the subject of any post-auction claims. No assignment of the Purchase and Sale Agreement shall be recognized from one bidder to another. In the event a dispute should arise after the auction, the Auctioneer's records shall be conclusive.
15. INDEMNITY PROVISIONS: By execution of this agreement, bidder agrees to bear responsibility for any charges, claims or expenses incurred by reason of any violation, breach or default in respect to these terms and conditions, including, reasonable attorney's fees, court costs, the cost of re-sale, and remarketing costs. The foregoing remedies are not exclusive.
16. GENERAL PROVISIONS: The provisions herein made cannot be altered except in writing,
and any provision of this agreement shall be interpreted/applied in accord with the laws of the
Commonwealth of Pennsylvania, specifically those in Delaware County and the Borough of
Swarthmore, in which the property is situated. These terms and conditions shall not be interpreted or construed in a manner which creates a negative inference based upon the fact that the seller/broker/auctioneer prepared the terms and conditions. Electronic and/or facsimile signatures shall be considered binding. In such event any provision herein is deemed illegal, void or unenforceable by a court of law, it shall not impact the body or balance of the terms and conditions.
17. FORFEITURE UPON DEFAULT: In such event a bidder fails to abide by the terms and conditions set forth herein or fails to abide by the obligations arising from the purchase and sale contract executed in conjunction with this auction, bidder acknowledges he or she may forfeit all monies deposited, at the respective seller's election. By execution of this agreement, bidder acknowledges this is a negotiated result, and the forfeiture of said sums of money does not constitute a penalty.
18. INSPECTION: Personal on-site inspection (when available) of the subject property is RECOMMENDED AND ENCOURAGED. Bidders are advised to independently verify all information they deem important.
19. AGENCY DISCLOSURE: The Auctioneers are acting as the Seller's Agents only. Bidder has read the Auction Terms and Conditions and by registering to bid either live or online, hereby agrees to the above terms and conditions of the auction.
BROKER PARTICIPATION: A one percent (1%) bid price commission will be paid to any properly registered broker whose prospect purchases real estate at the auction and closes in full. Broker must be licensed in the state of Pennsylvania and must register their client 24 hours prior to their client submitting a bid.
20. RIGHTS: Unique Vintique, LLC Auction & Estate Sales has the right to accept or deny bidders from attending their auctions online.
21. Portions of this Property Auction will be recorded. By registering to attend and/or bid, you are granting Unique Vintique, LLC Auction permission to use your likeness in photographs and/or video in any and all of its publications, including Web space, and in any and all other media, whether now known or hereafter existing, controlled by Unique Vintique, LLC, in perpetuity, and for other use by Unique Vintique, LLC Auction. You will make no monetary nor other claim against Unique Vintique, LLC Auction for the use of the photographs and/or video.
23. AUCTIONEER/SELLER DISCLAIMER: The information contained herein is believed to be correct to the best of the auctioneer's knowledge. The information is being provided for the bidder's convenience and it is the bidder's responsibility to determine the information contained herein is accurate and complete.
24. THIS IS A CASH SALE AND NOT CONTINGENT ON BUYERS ABILITY TO OBTAIN FINANCING: Bidders must secure funds or financing prior to the auction. Bidders must be sure of their ability to purchase the property being bid upon. Deposits will not be refunded due to lack of financing.
25. By Registering and bidding, you are agreeing to close on the property when you successfully bid on a property. If you are not certain that you want to purchase the property, DO NOT BID ON THE PROPERTY. If you have not inspected the property and you feel it mandatory to do so before purchasing the property, DO NOT BID ON THE PROPERTY.
26. CONTACT: For pre-registration information and wire transfer routing instructions contact the Unique Vintique, LLC Auction & Estate Sales, (Auctioneer) office at (215) 469.4553.
27. DOCUMENTS-Property Auction Documents, if not attached, should be viewed and downloaded from our website PRIOR to bidding. www.UniqueVintique.com/real-estate-auction/ or www.EasyTransitions101.com/Auctions
THANK YOU FOR YOUR INTEREST AND/OR PARTICIPATION IN 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.
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.