Name Online Only Vehicle Auction
Auctioneer Asset IQ LLC
Type Online-Only Auction
Date(s) 10/16/2019 - 10/23/2019
October 16-23, 2019
Preview Date/Time October 16-18 9AM-4PM
Checkout Date/Time October 23, 2019
Location 1126 Old State Route 74
Batavia, OH 45103
Buyer Premium 15% Buyer's Premium
Description
Online Only Vehicle Auction
Auction Terms & Conditions ONLINE AUCTION TERMS AND CONDITIONS Please read the Asset IQ Online Auction Terms and Conditions carefully. By accessing www.assetiqllc.com or by participating in the online auction, you signify Your consent to these Terms & Conditions. These Terms & Conditions constitute a binding legal agreement between You as the user and Asset IQ. The vehicles being offered in this online auction may be referred to as “unit or units” within these terms and conditions. Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, you are contractually obligated to buy the unit at the price stated as Your bid, as well as a fifteen percent buyer premium. Registration. If You would like to participate in our online auction, you must become a registered bidder. You agree to provide true, accurate, current, and complete information about Yourself and/or Your organization, as applicable, as requested during the registration process. Requirements. By using the Asset IQ Website, you represent and warrant that (a) all registration information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have full legal capacity to complete such contractual action without need for any additional approval or consents. If You do not qualify, you are not permitted to participate in our online auctions. Online Auction. This auction is being conducted as a timed ONLINE Auction. The auction will begin on Oct. 16, 2019 @ 10 AM EST and end on Oct. 23, 2019 @ 7 PM EST. Bidding will close on lot number 1 at 7 PM EST each subsequent lot will close five minutes after the preceding lot. If a bid is placed on a lot within three minutes of the bidding deadline, the deadline will be extended by an additional three minutes. The three-minute extensions will continue until no bid is placed within three minutes of the bidding deadline. You can participate in the bidding from a computer or mobile device by logging on and registering at www.assetiqllc.com. After you place a bid you will be notified by email when a greater competing bid is placed. (When you are out bid) Maximum Bid. The Maximum Bid feature allows Bidders to set a maximum amount they will bid for an item, without having to check back to the website. The computer will automatically bid for you in the next increment once your previous bid has been surpassed. Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the specifications Auction Firm has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works. Bidding Errors. With each bid placed, you are asked to confirm the bid amount entered and agree to the terms of the auction. Should a mistake be made before the time the auction’s bidding is scheduled to end; You may request to have Your error corrected. Asset IQ will have sole discretion over how or if this error will be corrected. Please submit Your request immediately by calling Mark Euton the managing auctioneer at 513-678-7347. However, if the mistake is made while the auction is closing, the bid will stand as entered Payment. The highest bidders will be notified by email upon the conclusion of the auction that their bid is being submitted to the bankruptcy trustee for final approval. Final approval will occur no later than 12:00 PM on Thursday, Oct. 24, 2019. Payment must be made in full no later than 4 PM on Friday, Oct. 25, 2019. We accept Visa, MasterCard, American Express, and Discover Credit cards. A 3% fee will be added to the invoice amount if payment is made by credit card. We will also accept personal or company checks, cashier’s checks, cash or wire transfer. To make wire transfer arrangements or pay by credit card please contact Cindy Chambers at 513.724.1133. Checks or cash must be delivered to our office between 9 AM & 4 PM on Thursday, Oct. 24 or Friday, Oct. 25, 2019. Our office address is 1126 Old State Route 74, Batavia, OH 45103. Any unpaid balances are subject to collection by the Federal Bankruptcy Court. Removal, and Storage. Removal will vary depending upon the method of payment as follows: • Payment by Credit Card: Unit may be removed 24 hours after payment by credit card. • Payment by Personal Check: Unit may be removed three business days after the date payment is made by check. • Payment by Wire Transfer: Unit may be removed upon confirmation from our bank that the wire transfer was completed. Normally 12 to 24 hours. • Payment by Cash or Cashier’s Check: Unit may be removed immediately upon payment by cash or cashier’s check. Removal may ONLY be conducted between the hours of 9 AM & 4 PM Monday thru Friday. All units MUST be removed by 4 PM on Friday, Nov. 1, 2019. If the unit is not removed by the designated removal time, storage charges in the amount of $50 per day will be charged at Buyer’s expense which must be paid before vehicle leaves the premises. Buyer hereby grants Asset IQ LLC an irrevocable power of attorney to remove and/or store purchased vehicles at Buyer’s expense. The vehicle shall not be released until Asset IQ LLC has received payment in full in good cleared funds of the full purchase price. Time is of the Essence Buyer Premium. A fifteen percent buyer premium shall be added to the high bid amount to determine the full purchase amount to be paid by the purchaser. Therefore, the full purchase price to be paid by the Buyer is the sum of the final bid price as acknowledged and accepted by the software/program, plus the Buyer Premium of fifteen percent of the final bid price. Example: High bid amount of $10,000 plus $1,500 (fifteen percent buyer premium) equals final purchase price of $11,500. Licensing fees. In addition, the Buyer shall be responsible for any and all licensing fees required by their State at the time of title transfer. Insurance. Insurance of all vehicles purchased shall be the Buyer’s responsibility. Buyer is advised to place insurance on all purchases prior to removal. “AS-IS” – no warranties. All units are being sold “AS-IS, WHERE-IS, WITH ALL FAULTS, with NO WARRANTY expressed or implied and as the bidders believe them to be”. Bidders are responsible to inspect the units prior to bidding and satisfy themselves as to the condition of the units and all other matters relating to the units, including without limitation, year, make, model, options, engine, drive, condition, value, quality, authenticity, and auction description. Asset IQ and the auctioneer make no warranties as to the accuracy of any information regarding the units being sold. Titles. Clear titles will be issued for all units. Titles will be mailed to the Buyer within 30 days of satisfactory payment. A Bill of Sale will be issued upon receipt of acceptable funds. The Buyer may obtain Temporary Tags in Ohio by presenting the Bill of Sale to the BMV. Titles shall be sent to Purchaser by Certified Mail, Return Receipt to the address given on the Bill of Sale. The auction may be cancelled, or units may be withdrawn from the auction at any time. ALL SALES ARE SUBJECT TO BANKRUPTCY TRUSTEE APPROVAL. --------------------------------------------------------------------------------------- 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 10.00 USD
100.01 - 500.00 25.00 USD
500.01 - 1,000.00 50.00 USD
1,000.01 - 9,999,999.99 100.00 USD
Currency USD
Buyer Premium 15% Buyer's Premium
Payment Terms
Payment: Payment must be made in full in USD by October 25, 2019 @ 4PM. Payment may be made by cash, check, credit cards or wire transfer. We accept Visa, MasterCard, American Express, and Discover only, to include a 3% credit card processing fee. You will be emailed an invoice upon final approval from the bankruptcy trustee to the email address you registered with.
Please see Terms and Conditons as to the removal policy.