BIDDER'S CONTRACT: TERMS & CONDITIONS OF THIS AUCTION:
All bidder's agree to be bound by this contract when saying "yes" in placing a bid: PLEASE SCROLL & READ ALL TERMS LISTED BELOW, INCLUDING PREVIEW.
SPECIAL PICKUP and REMOVAL CONDITIONS FOR THIS AUCTION!!!
We here at Forres Meadows Auctioneers, Inc and TexasBid are working to keep auctions coming to you during this COVID-19 incident. We will be working to comply with the ever changing laws and health recommendations that the government provides for us concerning everyones health and safety.
1. NOTE...ALL ITEMS MUST BE PAID FOR ONLINE FOR THIS AUCTION, NO CASH TRANSACTIONS WILL BE ACCEPTED DUE TO HEALTH CONCERNS..
2. You are required to use the web site to schedule your pickup time slot. (do this starting at the conclusion of the auction please). These are in 15 minute intervals and will be strictly adhered to. Please look at the door when you arrive, there will be a phone number on it for you to text your name to tell us that you have arrived.
4. Auction Company WILL NOT load any items or vehicles.
5. We will take people in order of how they made their appointments on scheduling.
6. We will appreciate the bidders to try to comply with social distancing recommendations and asking bidders to maintain a distance from our staff and others.
8. You are responsible to load and pack your own items.
9. We are sorry for any inconvenience but hope you understand our concern for your and our safety. Please remember, that anyone picking up and coming to check out is doing so on your own accord and we are not responsible for your health or that of others as you come and enter at your own risk.
To keep some auctions coming, we will be making some changes in our new-normal process of auctions as events unfold. From now until the all-clear is declared
All items must be paid and removed by designated pickup date. DYNAMIC CLOSING/TIME LEFT: If a bid is entered within the last three minutes (180 seconds) of the closing of an item, the closing time will be extended by three minutes (180 seconds) to ensure sufficient time for bidders to submit their bids. Dynamic Closing will continue until no bids are placed within 3 minutes.
1. PAYMENT: Please pay online with M/C, Visa & Discover in your “Dashboard” under “Invoices” section under. If paying in Cash, you may pay when you pick up your items at auction location. No checks.
2. PICK UP TIME / REMOVAL: Please see footer on each item for this information. ALL ITEMS MUST BE PAID FOR AND REMOVED BY THIS TIME, NO EXCEPTIONS. All items must be paid and removed by designated pickup date.
3. Any items left remaining, either paid or unpaid after this time (end of checkout/removal) will be abandoned and forfeited, but buyer is still under contract to pay.
4. Ten percent buyer’s premium added to bid at invoice.
5. Sales tax will be collected on taxable items at the appropriate sales tax rate unless you have filled out a valid Texas Resale Exemption form with us. You may scan & email your signed form to: auctioneer@texasbid.com . We must have this on file in order to exclude sales tax from your purchases on your final invoice before the auction closes.
6. All items sold "As-Is, Where Is", no warranty or guarantee of any kind. All sales are final. All descriptions are believed to be accurate, however, all bidding and buying is based solely on bidder's personal inspection and/or opinion of the items. It is the Bidder/Purchaser’s sole responsibility to: (a) perform all inspections of the items and to be satisfied as to its description, condition and/or authenticity prior to bidding. (b) independently verify any information they deem important including information available. (c) All information contained in the item description and all promotional materials, including, but not limited to, photographs, dimensions, conditions, etc., was provided by or on behalf of the Seller and is believed to be correct; however, neither the Seller nor the Auction Company makes any promise, representation, guarantee, or warranty as to the accuracy or completeness of such information. (d) Failure to inspect the property does not relieve bidder of responsibility for payment and removal as stated in these terms.
7. All Bids Are A Binding Contract. Bidder acknowledges that once a bid is offered, the Bidder shall be bound by the bid amount. Bids can’t be withdrawn or retracted. Verify your information entered (ie: bid amount) before submitting your bids. Bidder agrees that by placing a bid on any item that they agree to be bound by this bidder's contract & agreement for auction terms & conditions.
8. Buyer is responsible for providing the supplies (boxes, packing material, tools & equipment, etc.) necessary, as well as the physical labor for dismantling, rigging, crating, loading and hauling at there own expense. Buyer is responsible for the items once bidding is complete. Auctioneers & Office Staff are not available for load out.
9. Items subject to additions and or deletions prior to sale time/closing.
10. TexasBid makes no warranty that: (a) your use of the site will be uninterrupted, timely, secure, or error-free, (b) the results that may be obtained from the use of the site will be accurate or reliable, (c) the quality of any information or other material obtained by you through the site will meet your expectations, (d) the use or the inability to use the site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on this site; or any other matter relating to the site.
11. In case of any errors or malfunctions of hardware or software, TexasBid reserves the right to cancel any transaction even if you have received confirmation of the transaction by email. We reserve the right to postpone or reopen the auction for any reason including, but not limited to, technical difficulties, service outages, etc. We strive to make this system as stable as possible; however errors and equipment malfunctions are possible and may happen without notice. We cannot and will not guarantee uninterrupted access to the Site or its services.
12. Bidder agrees that by placing a bid on any item that they agree to be bound by this bidder's contract & agreement for auction terms & conditions. Forres Meadows Auctioneers, Inc. dba TexasBid.com reserve the right to terminate bidders privileges immediately or at any time for violation of this bidders contract. * DYNAMIC CLOSING/TIME LEFT: If a bid is entered within the last three minutes (180 seconds) of the closing of an item, the closing time will be extended by three minutes to ensure sufficient time for bidders to submit their bids. Dynamic Closing will continue until no bids are placed within 3 minutes. Individuals previewing items are personally responsible for any breakage/damage to items they are handling and will be charged appraised value for item(s). (You break it, You buy it.) All people previewing assume all responsibility for their own safety. Auctioneer & Seller are not responsible for accidents.
This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and Forres Meadows Auctioneers,Inc., a Texas corporation d/b/a TexasBid.com ("TexasBid"), the owner and operator of the site accessible through www.texasbid.com, with respect to the use of this website (the "Site"). The information provided on this site is provided subject to compliance with the terms of this Agreement. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and TexasBid. Please print a copy of this agreement for your records.
REGISTRATION: All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. TexasBid, at its sole discretion, may deny registration to any person or entity.
BUYER'S PREMIUM: Unless a specific auction states otherwise, a 10% 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 $110 for the item on your auction invoice.
Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from TexasBid.
Use of Site
Your use of the Site is at the sole discretion of TexasBid, who may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, email or otherwise transmit any message that could be construed as spam or compile a list of email addresses of users of this Site for the purpose of solicitation;
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
TexasBid makes no representation regarding accessing the materials on this Site from jurisdictions where their contents are illegal is prohibited. Those users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws and regulations.
Access and interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's infrastructure.
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.
Links to Other Sites
The Site may contain links to third party websites. Those links are not intended to state or imply that TexasBid sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. [TexasBid is offered no compensation or remuneration from the organizations linked to the website.]
TexasBid makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS TEXASBID AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF TEXASBID, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEXASBID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
TEXASBID MAKES NO WARRANTY THAT:
YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXASBID OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXASBID 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 TEXASBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TEXASBID’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST TEXASBID ARISING OUT OF THE USE OF THE SITE.
Additionally, you agree to hold TexasBid harmless from any and all claims arising out of any dispute between a buyer, seller or any other user of this Site. We serve as a venue to facilitate transactions between buyers and sellers. In no way shall TexasBid be liable for improper use of the Site and its services by users. In case of any errors or malfunctions of hardware or software, TexasBid reserves the right to cancel any transaction even if you have received confirmation of the transaction by email. We strive to make this system as stable as possible, however errors and equipment malfunctions are possible and may happen without notice. We cannot and will not guarantee uninterrupted access to the Site or its services.
TEXASBID SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
TexasBid grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
The logos, and other service marks and service names of TexasBid ("Marks") are owned or licensed by TexasBid. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of TexasBid. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by TexasBid.
The entire Site, including but not limited to images, illustrations, are Copyright 2017, Forres Meadows Auctioneers, Inc. All rights reserved. The copyrighted and proprietary property of TexasBid may not be duplicated or used without TexasBid's express prior written consent.
Choice/Opt-out
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to the Site at any point where we ask for the information. Users who no longer wish to receive e-mail which TexasBid may send, may opt-out of receiving these communications by replying with the term "unsubscribe" in the subject line of the email or by emailing TexasBid at forres@texasbid.com.
Children's Privacy
This Site is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If TexasBid obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information is immediately and permanently deleted from our records.
Modification
TexasBid may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
Entire Agreement
This Agreement constitutes the entire agreement between you and TexasBid with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
TexasBid is licensed only in the State of Texas and this Web site (excluding linked sites) is controlled by TexasBid from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Web site both you and TexasBid agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, any lawsuit or other legal proceeding between the parties shall be brought only in the civil district courts of Kendall County, Texas, or the United States District Court for the Western District of Texas, San Antonio Division. You hereby irrevocably and unconditionally consent to the jurisdiction of any such courts and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
Termination
TexasBid may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
PAYMENT: Buyer will receive an invoice via electronic mail after the close of the auction. Payment for purchases must be made by cash, Visa, MasterCard, or Discover, unless otherwise noted in a specific auction's terms and conditions. Any item or lot not paid for in full by the stated deadline will resort to suspension or permanent ban of bidder number. Ownership of your items will revert to Owner/Seller who may re-sell or dispose of items at Seller's discretion.
SALES TAX: All sales are subject to appropriate state Sales Tax laws. If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase
ITEM DESCRIPTIONS: 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 TexasBid 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 the auction and, by these terms, TexasBid 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 relied solely on personal inspection and not on information listed on the Site or otherwise provided by TexasBid or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. TexasBid does not have control over the items or lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. 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. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
BID IS A LEGAL 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.
If firearms are in an auction: ALL NFA Laws Apply! Including, but not limited to:
* Firearms MUST ship to FFL dealers
* FFL shipping requirement MUST be clearly displayed on the merchant website
* Firearm can only be picked up at the FFL location by the purchaser of record and is required to follow all state legal requirements
* Transaction deposits (if any) must be directly with the merchant
* Regs and laws do vary by state so it is the responsibility of the specific merchant and FFL dealer to be in full compliance with ALL of its specific state regulatory and legal compliance requirements
* EXCEPTION: Antique guns or muzzle loaders CAN ship directly to the purchaser, no FFL intermediary required
USER AGREEMENT CONSTRUED UNDER TEXAS LAW: The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof
AUTO EXTEND FEATURE (Dynamic Closing): If an auction receives a bid in the last three minutes, the ending time for that auction will automatically be extended by three minutes. Once three minutes have passed without any bidding, the item will close. This feature prevents "sniping" and allows all bidders an equal opportunity to be the high bidder if they so choose.
Contact Information
If you have a comment, question or request, or if you need to contact TexasBid for any other reason, there are three easy ways to do so.
E-mail: You can e-mail at auctioneer@texasbid.com.
Telephone Number: You may call us at 210.347.7429. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are Monday through Friday, 9:00 a.m. to 5:00 p.m. Central Time.
U.S. Mail: Send mail to TexasBid at: Forres Meadows Auctioneers, Inc. d/b/a TexasBid PO Box 1287 Boerne, Texas 78006
