Auction Terms & Conditions
THIS AUCTION WILL START AN HOUR EARLIER THAN OUR USUAL FIRST SATURDAY AUCTIONS! This auction will start at 9AM CST with the smaller items, and then at 10AM we will begin selling the vehicles and larger equipment, etc. Then, after the vehicles and equipment are sold, we will sell any remaining items not yet sold.
A $200 deposit will be required by all new auction customers prior to accepting a bid. We may grant authority to bid up to $1,000 without the deposit (at the Auctioneer's discretion). However bids will generally be put into a "pending" status until a deposit in the form of cash is received by Lawler Auction Company.
All onsite bidders are required to pay before leaving the auction site with cash, certified funds, or with a credit card. Those paying with a credit card will be charged an additional 3% surcharge in addition to the buyer's preium.
Internet Absentee bids will be accepted up until 8:45am the day of the auction. Those bids will be competed against the live bidders at the actual live auction. Tie bids go to the onsite bidder who is present at the auction.
There is a 10% Buyer's Premium for onsite buyers at this auction, and a 10% Buyer's Premium plus a 5% convenience fee for those bidding online or through absentee bidding.
Online Internet Bidders only: For those paying with a credit card or debit card, there is an additional 3% surcharge. We will assume that you are paying with the credit or debit card on file unless you notify us in the Auctioneer's Notes section of your account before the auction begins, and our system will automatically charge the card. In the evenr that you wish to pay cash, you must state that you will appear at our offices no later than 10AM on Monday, August 6, 2018 to pay with cash or certified funds.
Payment must be paid before the bidder leaves the auction site. Internet bidders' credit card will be charged immediately after the auction unless there is a note from the buyer in the auctioneer's notes section stating that the buyer will pay in cash or by bank wire by 10AM on the Monday following the auction. In the event that a bidder fails to pay timely, the Auctioneer reserves the right to sell the assets to another buyer for the same bid amount, or to the second place or subsequent bidder at their bid amount, at the auctioneer's sole discretion.
All items are sold "as is" without warranty or guarantee of any kind, with all of their faults. Bidders are strongly encouraged to carefully examine all items before placing a bid. There will be a preview and inspection time on Friday, (the day before the auction) from 1pm to 5pm.
All items must be removed from the auction site no later than Tuesday after the auction by 5pm. Otherwise a storage fee of $9 per lot will be charged.
For safety concerns, no items may be picked up from the warehouse location on auction day until the vehicles and equipment have all been sold and ran through the auction.
This BIDDER CONTRACT entered into between the Bidder whose name is signed below and Danny Lawler Enterprises, LLC doing business as Lawler Auction Company "Auctioneer", who is currently doing business at 7781 La. Highway 1 North, Shreveport, Louisiana 71107. Bidder agrees that this is a binding contract and that the terms listed below shall govern this auction and he/she agrees with them and will honor these terms. Additional terms may be posted at the registration table or announced from the auction block which are just as binding as the below listed terms.
Full Payment: All items must be paid for before the Bidder leaves the auction site. Buyer agrees not to leave the auction site without making payment in full. Nothing may be removed until such items are fully paid for. Payment for items must be made in the form of cash, certified funds, cashier's check, or money order. A personal or business check may only be accepted as payment if accompanied by a Bank Letter Of Guarantee, and only if approved by Auctioneer or cashier prior to the auction. All purchases are subject to state and local sales tax laws. Bidder agrees not to stop payment or disallow a check for any reason whatsoever. Bidder is responsible for reimbursement to the Auctioneer for any expenses incurred for the collection of a returned check plus a $50 administrative fee or double the amount of the check, whichever is greater.
All sales are final. No returns. No crybabies. Once the hammer drops and the auctioneer declares the winning bidder, it is a binding contract with the bidder.
Disputes. The auctioneers of the sale shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the auctioneers have the right to reopen the bidding. The auctioneers designation of the buyer shall be final.
Credit Card payments will be accepted however there will be a 3% surcharge added to customer invoice if paying with Mastercard, Visa or Discover. A surcharge of 4% will be added to American Express charges. Bidder agrees to waive any warranty rights under his/her credit card agreements and declares that all items are purchased "as is" without warranty or guarantee. Furthermore, all credit card purchases are final and Bidder agrees not to disallow or dispute any credit card charges after they have been accepted on the day of the auction. In the event that there is a chargeback or dispute, an administrative charge of $1,000 or 25%, whichever is greater will be immediately due and payable to Auctioneer for handling the dispute or chargeback.
Buyer's Fee: I understand that there is a 10% Buyer's Premium (fee) on all items. There is an additional five percent (5%) convenience fee for all internet bids.
No Warranty. Bidder understands that there is NO WARRANTY or guarantee of any kind whatsoever on any item sold. All items are sold "as is", "where is" without guarantees of any kind, expressed or implied! The descriptions of items appearing in advertisements prior to the auction and from the auction block are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by the owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item shall be construed as a warranty, either expressed or implied. The Auctioneer strongly recommends that the Bidder examine and inspect items closely before bidding on any item. The Bidder hereby agrees to accept any item the way that it is.
Auctioneer is acting as the Agent for the Seller. The auctioneer, Lawler Auction Co., its employees, and subcontractors are acting as the "Agent" for the seller. Any disputes over titles or other ownership provisions is between the Buyer and the Seller. Buyer agrees to hold harmless and indemnify the Auctioneer, Lawler Auction Co., its employees, subcontractors, its agents, and employees from any claims or damages which might result from any auction. It is the sole responsibility of the Buyer to have conducted prior inspection of the seller's rights to sell, to inspect UCC filings (if any) on the equipment to be auctioned, and to inspect the ownership records of said equipment.
Automobile Titles. Auctioneer does guarantee that a title for vehicles purchased unless it is announced otherwise on the catalog. Most titles are available within 7 days after the auction and can be picked up from the auction office on the Friday after the auction by the buyer. Those paying with checks (even with bank letter of guarantee) must wait until the second Friday after the auction, giving time for the check to clear the bank. In the event that a title is not immediately available, the Auctioneer may issue a 60-day tag giving opportunity for a title problem to be rectified.
Do not perform work on any vehicle until you have the title in hand. We strongly recommend that you do not spend money on any vehicle or make repairs on any vehicle until you have the title in hand. In a worse case scenario, (very rare) when it is determined that a title cannot be obtained, we will issue a refund, however Auctioneer will not be responsible for money that the bidder has spent on the vehicle.
Safety Precautions should be made before removing any item from the auction site. The Auctioneer strongly suggests that the Bidder have any item, especially vehicles, examined by a qualified mechanic or qualified technician, prior to driving any purchased vehicle from the auction site. Some vehicles sold through the auction may or may not be suitable or mechanically safe to operate on the roadway, therefore the Bidder understands that any vehicle purchased through the auction should be inspected by a qualified person prior to driving any vehicle purchased.
Absentee Bids are gladly accepted by the Auctioneer, subject to terms established by the Auctioneer. An additional buyer’s premium of 5% above those already listed will be charged to the buyer on all purchases (vehicles or otherwise) for the additional administrative work involved.
Auctioneer’s intent to bid. In accordance with Louisiana Law, LSA-R.S. 37:3130 the Auctioneer reserves the right to bid on behalf of other parties placing absentee bids, internet bids, or reserve bids, including but not limited to bids from banks, sellers, or other consignors to protect their interest.
Buyer's Responsibility. After a Bidder has won the bid with his/her high bid, they have become the new owners of the item(s), even though they may not have paid for the item yet. The item(s) becomes the full and sole responsibility of the Buyer at this point, and the Buyer assumes all risk of loss and damage. Buyer's should guard their items accordingly. Lawler Auction Co. shall not be liable for theft, fire vandalism, or acts of God for items left at the auction site, regardless of when item(s) are picked up from the sale site.
Items to be removed timely. Any item left on auction site shall be removed within two (2) business days, or sooner if posted at the registration table. It is the sole responsibility of the Bidder to load and remove his/her items from the auction site.
Storage fees. There shall be a $9 per day storage fee charged to any buyer who leaves items at the Lawler Auction Facility after two business days. Items left on site after 30 days revert back to the property of the Auctioneer. Auctioneer shall have the authority to sell any left item after 30 days and use those proceeds to pay the storage fees.
No loading out will be permitted on Sunday.
Injury or Damage: Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his agent, and further agrees to hold Lawler Auction Co. (its agents, officers, owners, or customers) harmless from any personal injury to himself or his agents, family, guests, and any property damage incurred on auction site or auction premises.
No selling or trading on auction property. Bidder acknowledges that there will be no selling or trading tolerated on auction property, except by the Auctioneer. Bidder understands that any deal struck on auction property or by connections made as a result of the auction will be subject to a commission of five times the published rate or a fee of $5,000 (whichever is greater) and shall be due and payable by both the Buyer and the Seller.
Expulsion. Bidder hereby acknowledges that Lawler Auction Co. may expel any person from the auction site for any reason whatsoever. If the Auctioneer requests that a bidder be removed, he must pay for his items, pick up his items and leave the auction site. An expelled Bidder may not return to any auctions conducted by Lawler Auction Co. for any reason whatsoever without written consent. Violators will be prosecuted with criminal charges. Reasons for suspension or expulsion may include, but not be limited to: failure to pay for items in any auction before leaving the auction site; returned checks, derogatory statements made about merchandise or auction patrons by a Bidder, disorderly conduct, failure to comply with auction rules, smoking in prohibited areas, or selling and trading on auction property without going through the auctioneer, unauthorized distribution of literature or flyers, or for bid rigging practices.
Vehicle Liability Insurance. No vehicles shall be driven from Auction Facility unless legal liability insurance has been obtained.
Bidder hereby accepts and understands all terms, and acknowledges that a copy of this contract has been provided to me. I will read it carefully before placing any bid.
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.