The iBiD Machinery Auctions portion of the Site provides a venue and mechanism for sellers (“Sellers”) to conduct auctions for items of Property posted by them on the Site and for bidders to bid for them. As such, iBiD Machinery is not a party to the actual transactions between buyers and sellers. Sellers are subject to a Master Seller Agreement, but iBiD Machinery has no control over individual transactions, and does not guarantee that a Seller will complete any transaction.
Use of the iBiD Machinery Auctions Site and the Services is limited to Buyers and Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not offer to buy or sell, or bid on or offer to purchase items of Property through the Site. Every Buyer and Seller who uses the Services hereby represents and warrants to iBiD Machinery that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement. If in our opinion you do not satisfy our bidder identification and registration procedures, including, but not limited to, completing any anti-money laundering and/or anti-terrorism financing checks we may require to our satisfaction, we may refuse to register you to bid or permit your participation in the sale and if you make a successful bid, we may cancel the contract for sale between you and the seller.
Use of the Site to Bid and Buy
You may bid on or offer to purchase items of Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:
- You must honor all bids placed in an auction, and are obligated to complete the transaction with the respective seller if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You also agree to pay the Buyer’s Premium to iBiD Machinery with respect to any auction item for which you are the winning bidder (See Buyer’s Premium below). You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
- You understand that some lots are offered with a reserve price, the confidential minimum price agreed upon with the seller below which the work may not sell, and that iBiD Machinery may, in its own discretion, protect the reserve price by placing bids on the seller’s behalf up to the amount of the reserve price.
- You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, applicable taxes, shipping and handling fees, and iBiD Machinery’s Return Policy.
- You understand and agree that a bid is a legal obligation to purchase the item under the terms described in the auction listing. Bids are not retractable except under circumstances deemed appropriate by iBiD Machinery in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact iBiD Machinery immediately after placing a bid to retract any bids made in error.
- Auctions are extended when a bid is made 5 minutes before the auction ends. The auction closing is postponed for 5 minutes and may be the case several times until a one minute period has lapsed without bidding, at which point the auction closes.
- Buyer is responsible for paying all applicable taxes on the winning bid amount, Buyer’s Premium, and/or any other charges related to the lot.
- For lots you ship to or within the European Union, VAT may be due on the Buyer’s Premium and/or the winning bid amount. VAT charges and refunds depend on your location, the location of the Seller, and other circumstances.
- For lots you ship to or within the United States, a sales tax or use tax may be due on the winning bid amount, Buyer’s Premium, and/or any other charges related to the lot, regardless of the nationality or citizenship of the winning bidder. The Seller or iBiD Machinery will collect sales tax where legally required. The applicable sales tax rate will be determined based upon the state, county, or locale to which the lot will be shipped.
- Winning bidders claiming an exemption from sales tax must provide appropriate documentation to the Seller or iBiD Machinery prior to the release of the lot or within 90 days after the sale, whichever is earlier.
- For shipments to those US states for which the Seller or iBiD Machinery is not required to collect sales tax, a successful bidder may have a use or similar tax obligation.
You should consult your own independent tax advisor with any questions. [iBiD Machinery is not obligated to determine whether any taxes apply and is not responsible to collect, remit, pay or report any taxes arising from any such sale transaction.]
- You are responsible to pay all wire fees related to purchase transactions conducted by you through the Site. iBiD Machinery reserves the right to charge your credit card on file for any wire fees on behalf of the seller.
- By bidding, you agree that iBiD Machinery may, at its sole discretion, elect to facilitate a transaction between Buyer and Seller by passing the transaction through iBiD Machinery’s escrow. In such event, Buyer and Seller agree to complete the transaction in that manner. Any such election is at iBiD Machinery’s sole discretion and under no circumstances shall iBiD Machinery be required to offer its escrow services or be liable to any party if it refuses to do so.
- The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding, and purchasing Property. The minimum regulatory venue is deemed to be United States of America and the State of Georgia.
- You will not allow other persons or entities to bid for items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. iBiD Machinery will not be held liable for any activity resulting from compromised account information.
- You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
- You will immediately notify iBiD Machinery if you suspect that your information or data has been compromised.
- You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site.
- Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.
When you are the winning bidder, iBiD Machinery will charge you, and you will be responsible for a buyer’s premium, which is currently 15%, unless otherwise noted on a specific lot, of the winning bid amount on all lots or the Purchase Now price if you have elected that option. The buyer’s premium is based on the winning bid. This Buyer’s Premium will be incurred upon the completion of the applicable auction and is non-refundable, except as set forth herein.
The applicable Buyer’s Premium will be charged to your credit card on file with iBiD Machinery and you hereby authorize iBiD Machinery to charge such credit card upon the completion of any auction in which you are the winning bidder. iBiD Machinery also reserves the right to invoice you for the Buyer’s Premium payable by you hereunder. In such event, you will pay the Buyer’s Premium owed to iBiD Machinery upon receipt of any invoice therefor. iBiD Machinery reserves the right to deliver any invoice to you by: (i) posting an invoice to your account section of the Site; (ii) emailing an invoice to you at the address you have provided in your account settings; or (iii) mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the Buyer’s Premium in any way.
Unless otherwise stated, the Buyer’s Premium shall be paid in US Dollars. iBiD Machinery reserves the right to collect on accounts due by various means, including but not limited to, the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys’ fees) in the event you fail to pay any amounts due to iBiD Machinery hereunder.
In the rare event Seller is unable or otherwise fails to consummate the sale in which you were the winning bidder, you may be able to request a refund of all or part of any Buyer’s Premium paid by you with respect to such sale. Any request for a refund of the Buyer’s Premium must be made within 60 days of the conclusion of the applicable auction. Any refund of the Buyer’s Premium shall be made at the sole discretion of iBiD Machinery. Under no circumstances shall a refund of the Buyer’s Premium be issued in the event that you were the winning bidder and then failed to contact the Seller, pay the Seller, or come to terms with the Seller regarding shipping or any other item.
Purchase Now, After-Sales and Private Sales
A purchase made on iBiD Machinery’s “Purchase Now” option is subject to these Terms as if it were the winning bid at auction. In the event that a lot remains unsold at the close of an auction and you make an offer through iBiD Machinery to purchase the work that is accepted by the Seller, you shall pay iBiD Machinery a Buyer’s Premium of an additional 15%,unless otherwise noted on a specific lot,of the agreed purchase price (or such other premium as shall be agreed upon between iBiD Machinery and Buyer in writing in advance) and the transaction shall be governed by the terms of this Master Buyer Agreement. All private sales are governed by any agreement entered into between iBiD Machinery and the Buyer for each particular private sale. To the extent they are not in conflict, the terms of the Master Buyer Agreement shall be incorporated therein.
Shipping and Escrow
In the event that you are the winning bidder and fail to complete the sale for any reason, including but not limited to failing to contact the Seller, pay the Seller, or come to terms with the Seller regarding shipping, iBiD Machinery has the right to retain the buyer’s premium.
In the event that you are the winning bidder and do not initiate payment within two weeks after the sale closing, iBiD Machinery reserves the right to cancel the sale on behalf of the seller and retain the buyer’s premium.
iBiD Machinery reserves the right to collect on accounts due by various means, including but not limited to, the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys’ fees) in the event you fail to pay any amounts due to iBiD Machinery hereunder.
Use of Content
You, the Buyer, grant to iBiD Machinery and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for iBiD Machinery’s use of any such Materials.
Monitoring, Investigation and Disclosure
Further, as permitted by applicable law, iBiD Machinery also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect iBiD Machinery’s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, iBiD Machinery’s business and systems or other purposes deemed reasonable by iBiD Machinery, iBiD Machinery may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
It is iBiD Machinery’s policy that Sellers carefully describe all items of Property offered for sale on the Site and they warrant that the information is truthful and accurate and contains no material misrepresentations or omissions. This includes text descriptions and images of each item of Property, including, without limitation, its physical condition, age, authenticity, provenance, and any other relevant data. iBiD Machinery’s policy requires Sellers to photograph all known or suspected modification of the original Property, including damage or wear and tear to Property, and to clearly disclose such damage on the Site.
Because iBiD Machinery is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, iBiD Machinery does not have the duty to attempt to resolve or resolve any disputes between participants related to or arising out of any such transaction. iBiD Machinery has no control over and does not guarantee the quality, safety or legality of an item offered for sale through the Site, the truth or accuracy of listings, the authority of sellers to sell items or pass title, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. No statement by any seller regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of the liability by iBiD Machinery.
Accordingly, Sellers and Buyers should resolve amongst themselves all disputes between them arising from the use of this Site. iBiD Machinery reserves the right, but has no obligation, to investigate either a Seller’s or a Buyer’s complaint with respect to any item of Property offered for sale through the Site. You agree to cooperate with any investigation that iBiD Machinery may conduct in response to a claim, and to provide iBiD Machinery with any documentation in your possession or control.
You agree to indemnify, defend and hold harmless iBiD Machinery, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services (including without limitation any claim related to any Property bid on or purchased by you on the Site); (ii) any negligence, willful misconduct or any breach of this Agreement and any terms and/or policies incorporated by reference herein (including without limitation, breach of any warranty, covenant or obligation hereunder by you); (iii) your violation of any State, Federal, Foreign or International laws, codes or regulations; and (iv) your violation of any third party’s rights, including but not limited to, infringement of copyright, violation of any proprietary right or invasion of any privacy rights. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. iBiD Machinery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of iBiD Machinery.
UNDER NO CIRCUMSTANCES SHALL IBID MACHINERY LLC, ITS SUBSIDIARIES, AFFILIATES OR THEIR LICENSORS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGE, TO PERSON OR PROPERTY, INCURRED DURING THE INSPECTION OF LOTS, RIGGING, PREPPING, REMOVAL, TRANSPORT, UNLOADING, RE-ASSEMBLY, INSTALLATION OR OPERATION IN RELATION TO ITEMS OR MACHINERY REFERRED TO OR LISTED ON THE IBID MACHINERY WEBSITE.
Disclaimer of Warranties
iBiD Machinery does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. iBiD Machinery reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER IBID MACHINERY NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE IBID MACHINERY IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE IBID MACHINERY (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY IBID MACHINERY.
Non-United States Residents
iBiD Machinery makes no representation that any Property offered for auction or sale on this Site or purchased by you on this Site may be legally exported from the country of location of the Property or imported into any other country, including that of Buyer. Buyer and Seller are responsible for obtaining and completing all necessary import and export forms, permissions, licenses in conformance with the law of the applicable location to effectuate the transactions contemplated by this Agreement.
The following Sections survive any termination of this Agreement: Use of the Site to Bid and Buy; Buyer’s Premium; After-Sales and Private Sales; Shipping and Escrow; Use of Content; Monitoring, Investigation and Disclosure; Dispute Resolution; Indemnification; Disclaimer of Warranties; Release; Non-United States Residents; General Provisions.
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia without regard to conflicts of laws provisions. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN CHEROKEE COUNTY, GEORGIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR IBID MACHINERY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN CHEROKEE COUNTY, GEORGIA. IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR IBID MACHINERY PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
These Terms constitute the entire agreement between you and iBiD Machinery with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. You shall not assign these Terms to any other entity or person without the prior written consent of iBiD Machinery. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or iBiD Machinery of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to iBiD Machinery must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.