Auction Terms & Conditions
All Lots – AS IS WHERE IS.
All lots are available for inspection prior to bidding
No guarantees or warranties of any kind.
NOTE! This auction has a 2 DAY CLOSE!
Day 1 Auction:
10% Buyer's Premium applies to all lots with a maximum cap of $1,500 per lot.
Day 2 Auction:
15% Buyer's Premium applies to all lots in Day 2.
Remember- you must refresh (F5) your screen in order to see the most current bid!
AS IS – WHERE IS!
BidCal post only what the hour meter indicates. Unless otherwise noted, actual hours have not been confirmed and is up to the buyer to determine condition and hours of what they are bidding on.
8 AM (PST) Saturday, June 19th, 2018.
Lots will have a "STAGGERED" and "SOFT CLOSE".
BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON.
THIS AUCTION HAS A 2 DAY CLOSE!
Day 1 Auction Lots Close: Tuesday, June 19th at 1 PM
Day 2 Auction Lots Close: Wednesday, June 20th at 1 PM
LOCATION: 27 Freight Lane, Chico, CA
“2 Days to Pay, 7 Days to Take it Away”
Saturday, June 16th - 8 AM to 1 PM Sharp!
Monday, June 18th thru Wednesday, June 20th - 8 AM to 3 PM Sharp!
This is an Auction House!! The buyer is responsible to determine the condition of the lot they are bidding on. The Auction House is Not!! All items are being sold AS IS WHERE IS! Items are Available for Inspection!! BidCal, Inc. will pass on any information, good or bad, that the seller gives to us in describing the items. However, it is up to buyer to determine the condition of the lot they are bidding on. BidCal, Inc. assumes no responsibility in the accuracy of the descriptions.
ALL BIDDERS MUST REGISTER
All bidders will be required to submit credit card information in order to register.
DON’T WANT TO TAKE THE TIME TO REGISTER– CLICK HERE!
Bidders that are new or that do not have a long history with BidCal authorize BidCal to charge their card on file a $100 fully refundable deposit prior to bidding.
International Bidders who wish to purchase in this auction authorize BidCal to charge their card on file a $500 fully refundable deposit prior to bidding.
BUYERS PREMIUM AND SALES TAX:
Day 1 Auction:
10% Buyer's Premium applies to all lots with a maximum cap of $1,500 per lot.
Day 2 Auction:
15% Buyer's Premium applies to all lots in Day 2.
Applicable California Sales tax of 7.25% will apply UNLESS:
• Farm Tax Partial Exemption Certificate:
Reduces Sales Tax to 2.25% for qualified purchases.
• Resale License & Certificate:
Removes all sales tax for qualified resale purposes.
• Bill of Lading / Out of State Buyers:
If you are purchasing from out of state and do not wish to pay the California Sales Tax you must have your items shipped through a qualified 3rd Party Trucking Company and fill out the Authorization of Release Form
. A Bill of Lading from the trucking company must be provided to BidCal at time of pickup. Again, the trucking company must be from a legitimate 3rd party trucking company (You can’t just send a friend down and say they are trucking for you . . . even you good folks up in Oregon!).
• DMV Items: Sales tax will be collected by the DMV when you go to register the vehicle into your name.
•2 days to Pay - 7 days to take it away!
•Cash, Certified Check or Wired Funds will be accepted.
•A service provider fee of 3% will apply to all credit card payments. Purchases may be paid by Visa, Discover or MasterCard.
•We will NO LONGER accept American Express for payment under any circumstances!
•A BidCal representative will be at 27 Freight Lane, Chico, CA
with your invoice and will be available to collect payment there.
•Payments for invoices totaling less than $1000 must be paid by 3PM Friday, June 22nd
. For invoices totaling $1000 or more, a deposit of $1000 or 10%, whichever is greater, must be made by Friday, June 22nd
, at 3PM and the balance by Friday, June 29th
at 3 PM. BidCal, Inc. reserves the right to use the bidder's credit card on file for payment in part or in full for any successful bids after 3PM on Friday, June 22nd.
•Interest will accrue starting Saturday, June 30th.
•Purchases made by non – certified funds will not be released until funds are cleared by the bank and may take up to 10 business days.
Any business that receives more than $10,000 in "CASH" in one transaction or in two or more related transactions must file IRS Form 8300. Therefore, if you fall in this category, be prepared to provide BidCal with your SS# and Drivers License so we can fill out the report.
•Bidders that are new or that do not have a long history with BidCal, and wish to pay with a credit card, must be present to pick up their items and have the credit card and photo ID with them.
•In the case of Buyer Default, the buyer's credit card will be charged for the full amount of the invoice. Then the item(s) will be resold and the buyer will be charged a 25% relisting fee plus applicable commission. If in the course of a transaction any amount due to BidCal is declined, BidCal will continue to run your card for lower amounts until a transaction is completed. Any and all fees and or actions that the buyers bank implements including but not limited to: surcharges, overdraft charges, account seizures, etc, are the sole responsibility of the buyer. The purchaser hereby agrees to indemnify and hold harmless BidCal, Inc., and the seller, against any and all liability, loss, costs, damages and other expenses arising from the buyer failure to comply with the terms of the auction. By bidding in this auction and accepting these terms, you are hereby authorizing BidCal to charge your Credit Card as stated in these posted terms.
•Wire Intructions Below:
Please reference invoice number
Domestic Wire Instructions
Northern California National Bank
1717 Mangrove Ave, Suite 100, Chico, CA 95926
Credit To: BidCal, Inc
ABA Routing Number: 121144269
International Wire Instructions
SWIFT Bank Info: TIB - The Independent Bankers Bank
350 Phelps Drive, Irving, TX 5038
SWIFT Code: TIBBUS44
Northern California National Bank
1717 Mangrove Ave, Suite 100, Chico, CA 95926
Credit To: BidCal, Inc
ABA Routing Number: 121144269
•"2 days to Pay - 7 days to take it away!"
All items must be removed by Friday, June 29th at 3PM! Our normal business hours are 8 AM to 3 PM weekdays.
•LOCATION: 27 Freight Lane, Chico, CA
•Note! Even though you may pick up the week following the auction, we will run your card for your purchases unless you have made prior arrangements.
•Except for large equipment that is waiting to be exported, the absolute drop dead date for removal is Friday, June 29th
•Any items remaining after the above specified time are considered abandoned and forfeited and at which time any and all rights of the buyer will become null and void.
•Forklifts will be available to assist with loadout
BidCal Pickup Policy
If anyone other than you is picking up your auction item(s), please fill out the Authorization of Release form (Click Here)
so we can release your item(s) to the authorized agent. You may return the form via email to firstname.lastname@example.org or fax it back to us at (530) 891-0683. To prevent delays in pickup, please submit the form prior to showing up at the auction site. Those bidders who are paying by credit card and have a 3rd party picking up must sign their credit card slip prior to BidCal releasing their items. Receipts can be emailed or faxed to the Bidder. If your driver shows up without an Authorization of Release and your credit card slip is not signed he may have to go ‘get lunch’ until we sort out the paperwork.
Bring the appropriate vehicle to pick up your items! Don't ask us to help load an elephant into the back seat of a Volkswagen!! By not bringing the appropriate vehicle for load out, you tie up our forklifts and manpower for the rest of our customers causing a delay in their load out.
to see examples of inappropriate vehicles brought to auction for load out!
Also, BidCal crew will not assist in driving rolling stock onto trailers, offer suggestions on how to load, where to place or how to tie down your purchases.
By accepting these terms, Buyer agrees that Buyer is solely responsible for safely moving, loading, removing from the auction site and transporting the above item(s) on Buyer’s equipment in compliance with applicable laws and regulations. Any assistance given by Auctioneer or its staff in loading such items onto Buyer’s equipment will be at Buyer’s direction and sole risk and will not absolve Buyer from Buyer’s sole responsibility for safely moving, loading, removing and transporting such item(s). Buyer shall defend, indemnify and hold Auctioneer harmless from any and all damages or claims of others arising from Buyer’s breach of Buyer’s obligations set forth above.
All vehicles are being sold with clear titles.
Smog certificates for publicly owned vehicles are the sole responsibility of the BUYER. All smog related repairs, if needed, are the sole responsibility of the buyer. If you buy a publicly owned vehicle and it does not pass smog, you own a publicly owned vehicle that won't pass smog.
DMV paperwork will be filled out using the information that appears on your invoice. Please confirm your bidder information is accurate. Do not buy a vehicle for someone else. Have the someone else register as a bidder. The invoice information has to match the Bill of Sale.
Titles will be signed over to the new buyer at the time of pickup as long as the payment is made with cash or certified funds. Trip permits are required if a previous county vehicle will be driving from the auction site. Trip permits will be available for $21.
IN-USE OFF-ROAD DIESEL VEHICLES (Off-Road Diesel Vehicles over 25 Hp)
When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
IN-USE HEAVY-DUTY DIESEL-FUELED VEHICLES (Diesel Trucks that are registered with the DMV, >14,000 GVWR, and not RETIRED)
Diesel vehicles and equipment operating in California, that have not been retrofitted to operate in California, could be subject to exhaust retrofit or accelerated turnover requirements. They may also be subject to the California Air Resource Board Heavy Duty Vehicle Greenhouse Gas Emission Reduction Measure. It is the responsibility of the buyer to determine if a particular lot is permitted to operate in California prior to retrofit. BidCal, Inc. only guarantees legal title of the equipment or vehicle. BidCal, Inc. does not guarantee what state a vehicle or equipment can or cannot operate in. For more information on Air Resource Board Regulations, you are encouraged to contact the State of California Air Resources Board.
$5 - $99 Increment is $5
$100 - $249 Increment is $25
$250 - $999 Increment is $50
$1,000 - $9,999 Increment is $100
$10,000 or more Increment is $250
POLICY ON BUY BACKS:
There isn't one! If an auction has buybacks, then it "aint" an auction!!
If you are aware of a seller bidding on their own item, call Rob 530-345-0840 immediately. The seller will be banned from selling in future auctions. If buyers feel they may be bidding against the seller, the whole business model of the auction is jeopardized. Therefore, BidCal does not tolerate any seller "hanky panky" or buybacks!
Please call BidCal, Inc. @ (530) 345-0840 or click here
to send us an email.
1. You are responsible for knowing and understanding these terms.
1A. Although BidCal, Inc. has taken extraordinary steps to prevent technical failures in the Online Auction business, if a technical failure does occur, BidCal, Inc. reserves the right to extend or alter the closing time of a particular auction in order to preserve the intentions of the buyers and sellers.
1B. According to the California State Board Of Equalization, the Buyers Premium is considered part of the purchase price and is required to be taxed.
2. All articles of merchandise are offered "As Is, Where Is" in units of measure as announced at the time of sale. No claim will be considered for allowance adjustment or rescission of any sale based upon the failure of the property to correspond to any particular standards or expectations of the buyer. The auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion. While descriptions are believed correct, the Auctioneers or Owners make no warranties or guarantees as to genuineness, authenticity of, or defect in any lot and will not be held responsible for advertising discrepancies or inaccuracies. It is for this reason that buyers should avail themselves of the opportunity to make inspection prior to sale. All sales are final, when awarded to the successful bidder. Buyer accepts full responsibility for all purchases made and hold the Auction Company and Owners free of any liability in the event of theft or disappearance of any items purchased. All purchases must be checked out by an authorized Auction Company representative before leaving premises.
3. The auctioneer may refuse to accept or acknowledge any bid which is merely a fractional advance over the preceding bid, and in the event of a tie bid, the auctioneer may reopen the bidding to determine the highest bidder. All sales are final upon the award of bid. THE FULL PURCHASE PRICE SHALL BE PAID SALE DAY AND IN ANY EVENT PRIOR TO THE REMOVAL OF ANY LOT. In the event the purchaser fails to pay the full purchase price for any lot within the prescribed time, or fails to comply with any other terms of sale, the auctioneer shall retain a possessory lien on all lots of the purchaser, and all of the purchaser's merchandise in the possession of the auctioneer. Purchaser shall pay all deficiencies resulting from such re-sale, together with all charges, fees, commissions and expenses in connection with such re-sale. The auction deposit shall be retained by the auctioneer for application against any such deficiency, expense or charge.
4. PURCHASER SHALL MAKE HIS OWN ARRANGEMENTS FOR INSURANCE COVERAGE FOR ALL ITEMS PURCHASED.
5. The purchaser hereby agrees to indemnify and hold harmless BidCal, Inc. and the seller, against any and all liability, loss, costs, damages and other expenses arising from the loading out of equipment by BidCal, Inc. on the purchaser's behalf.
6. No lots may be removed until the conclusion of the auction although invoices are available for payment at any time. All lots must be removed within the time announced or posted at the sale, at purchaser's sole cost and risk, and only in a manner approved by auctioneer. If for any reason the purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the auctioneer may resell per Paragraph 3 above, or remove from the auction site, and/or store the said lots at purchaser's sole risk and expense. In addition, purchaser shall be liable for any rent incurred or damages suffered by auctioneer because of the purchaser's failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, purchaser shall furnish certificates, satisfactory to auctioneer, holding auctioneer harmless for any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal, shall itself be removed with the purchased lots.
7. Sales taxes will be added to purchase of all taxable items. Dealers who purchase for re-sale must pay said sales tax or provide a re-sale certificate to the auctioneer in the name of the registrant before items are removed from sale site. Purchaser must also comply with all local laws and all ordinances regarding sale of property at auction.
8. All rights, privileges and powers reserved or granted to auctioneer in these Terms of Sale shall be deemed reserved and granted to auctioneer's employees, advertising representatives, and all owners for whom the lots are being sold.
9. Auctioneer does not accept responsibility for the failure of any equipment sold to meet the safety standards on classifications of equipment by the Department of Labor Safety and Health Regulation, CALOSHA, Federal OSHA or the Environmental Protection Agencies. It is the express responsibility of the buyer to determine what safety equipment must be in service on any machinery purchased and to comply with these regulatory requirements prior to using any equipment, machinery or vehicles purchased from Auction.
10. The purchaser may be responsible for obtaining a California Smog Certificate for any vehicle purchased. Buyer hereby certifies and acknowledges his/her understanding that a certificate of compliance is required to be obtained, certifying that any vehicle specified in subdivision (b) of Section 24007 of the Vehicle Code complies with the provisions of Part V (commencing with Section 43000) of Division 26 of the Health and Safety Code, before such vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off highway use. Furthermore, buyer hereby agrees to indemnity and hold harmless BidCal, Inc. the registered owner, and the legal owner, against any and all liability, loss, cost, damages, fees of attorneys and other expenses arising from the purchase, acquisition, delivery or obtaining of certificate of compliance of any vehicle which does not comply with the California vehicle emission standard.
11. In the event BidCal, Inc. is required to employ an attorney to enforce any term of the agreement, purchaser agrees to pay reasonable attorneys fees, in addition to all court costs.
12. A bad check over $25 written to BidCal, Inc. will be prosecuted as a felony.
13. When a bidder's awarded the "top bidder", that bidder instantly becomes the new owner of that item and is completely responsible for that item.
Auction Site FYI
1.You are entering this Auction Site at your own risk and liability. BidCal Auctions assumes no risk or liability including injury, mishaps or stupid acts and/or behaviors of others. An Auction Site is a dangerous place with moving equipment and flammable substances. Please use extreme caution when entering this Auction Site.
2.Children must be accompanied by a competent adult when entering this Auction Site.
3.Do not operate equipment unless you are qualified to do so. Please consider your surroundings and safety of the others prior to operating equipment.
4.All loading and handling of items and equipment is at the risk of the buyer.
5.BidCal employees are not authorized to load or unload mobile equipment.
6.No Dogs Allowed on the Auction Site.
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.