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The Bidder(s) and the Auctioneer(s) agree that the terms listed below shall
govern each and every online auction sale and/or absentee/proxy bidding. |
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All registration information the Bidder
provides to the Auctioneer shall be current, complete, and accurate. All bidders
must be 18 years of age or older. The bidder agrees to not use any device, software
or routine to interfere or attempt to interfere with the proper working of any transaction
being conducted on and during any auction sale. You hereby represent and warrant
that your Bidder Information: (a) is true and accurate; and (b) does not contain
any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming
routines which may damage, detrimentally interfere with, intercept or expropriate
any system, data or personal information. |
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Access and use of any online auction site of Auctioneer
SERVICES, is subject to any and all specific terms and conditions set forth on any
individual page within the Site and the terms and conditions of this User Agreement
and all applicable laws and regulations, including but not limited to copyright
and trademark laws. BY ACCESSING THIS SITE, YOU, THE BIDDER, AGREE TO ACCEPT, WITHOUT
LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT
and to comply with all applicable laws, statutes, ordinances and regulations regarding
your use of this Site. Legal action will be taken against anyone violating the terms
and conditions of the Site User Agreement or any other applicable law or regulation.
Auctioneer reserves the right to periodically change the terms and conditions of
the User Site Agreement and it is the Bidder's responsibility to periodically review
any and all changes made to these terms and conditions prior to each use of this
Site. By using this site, you, the Bidder, agree in advance to accept all rules,
terms, and conditions, and any such possible changes thereto. |
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The descriptions of item/lots appearing in the auction
and in advertising prior to the auction are believed to be correct. Nevertheless,
neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer
concerning any item/lot shall be construed as a warranty, either express or implied.
ITEM/LOTS ARE ALL SOLD AS IS - WHERE IS - HOW IS and WITH ALL FAULTS THEREIN, known,
apparent, or otherwise. Bidder acknowledges that all item/lots were available for
inspection prior to the auction and, by these terms, Auctioneer and Owner/Seller
strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had
any interest to determine the item/lot's nature, quality, condition, quantity and
size. All Bidders rely solely on their personal inspection and not on information
listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder's
failure to inspect, or otherwise to be fully informed as to the nature, quality,
condition, quantity and size of any item/lot will not constitute grounds for any
claim, adjustment, refund, termination of the contract for sale, or refusal to close
the sale, against Auctioneer or Owner/Seller. |
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The Site User Agreement constitutes the final expression
of the parties' agreement and a complete and exclusive statement of the terms of
the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY 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. Auctioneer does not have control over the item/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 Owner/Sellers and
Buyers take before, during, and after the auction, typographical errors, misprints,
loss of merchandise/money, damage or failure of equipment, due to your visit to
this auction site. 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. This warranty gives you specific legal rights and you may also have other
legal rights, which vary from state to state. Legal actions, if any, must be held
in Pune, Maharashtra, India. |
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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, and become the Buyer 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, 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. Only the laws of the State of Maharashtra shall apply
and shall govern all actions accordingly. Buyer agrees to abide by all such Maharashtra
laws. |
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You, the Bidder will be suspended or permanently banned
from the Site if you, the Bidder, provide false information when registering; such
as a false name or fraudulent contact information. You, the Bidder, will be permanently
banned from this Site if you are the successful Bidder and you do not honor your
auction bid. Furthermore, if you do not honor your auction bid, legal action may
be taken against you. |
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Settlement for payment for purchases must be made by cash,
A\C Payee checks, or Demand Drafts, and made payable to Auctioneer unless otherwise
noted in a specific auction's terms and conditions. All sales are subject to appropriate
Maharshtra state Sales Tax laws. Buyer must acknowledge and agree not to retract
their purchase offer. Buyer shall be responsible for making all arrangements for
merchandise pick-up and/or removal per specific terms or conditions listed for auction. |
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Despite efforts to avoid the withdrawal of item/lots from
the sale after they are listed it may sometimes be necessary. Auctioneer and the
Owner/Seller reserve the right to do so at any time before or during the sale. The
Owner/Sellers of property sold through this Site reserve the right to reject any
and all bids in their sole discretion. |
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Buyer will be furnished an electronic receipt at the conclusion
of the sale. Buyer must therefore provide Auctioneer with Buyer's current, correct
e-mail address and/or Fax machine phone number, and/or U.S. Postal Service complete
and current mailing address. |
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Merchandise becomes the full responsibility of Buyer at
time of PAYMENT, or the bidder is declared the Buyer and Buyer will assume all risk,
including the Insurance of, and or loss and damage to property until removed from
sale premises. Owner/Seller and Auctioneer agree that merchandise may remain on
the sale premises for a period of time following the sale, at the Buyer's risk.
The date by which all merchandise must be removed from the premises is posted on
an auction-by-auction basis, on the specific auction page. After the final removal
date, there will be demurrage charges per day, per item/lot storage fee charged
to the Buyer. If merchandise is not removed within ten days after the posted final
removal date, the ownership of the merchandise will revert back to the original
Owner/Seller and the Owner/Seller may dispose of or resell the item/lot at their
discretion, with any and all expense required to do so being that of the original
Buyer. |
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No adjustment will be made with regard to merchandise
inventory after item/lot has been removed from the premises or after the removal
date posted by Auctioneer, whether or not the property has been removed. Auctioneer
reserves the right, for any reason, in their sole discretion, to terminate, change
or suspend any aspect of any auction sale.
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The final highest purchaser shall be designated at the
end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer
reserves the right to reopen bidding. Auctioneers designation of the Buyer shall
be final. |
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Auctioneer reserves the right to resell any property not
paid for in full with all funds received by Auctioneer within five days of the online
auction item/lot's closing date. Failure to pay for item/lots won on this online
auction will result in legal action against Buyer by either the Owner/Seller and/or
the Auctioneer. Further, the Buyer will be banned from any future auctions. Auctioneer
may resell any unpaid-for items with Buyer responsible for collection and damages
resulting from the resale. The Owner/Sellers of property sold through this web site
reserve the right to reject any and all bids, if they so choose.
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Auctioneer is providing services as an independent contractor
for the Owner/Seller only and is not responsible for statements made by other parties. |
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Bidder accepts responsibility for and agrees to indemnify,
defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing
body, officers, owners, affiliates, subsidiaries, directors, agents and representatives
from and against any and all claims, losses, damages, liabilities, judgments, fees,
costs and expenses, including reasonable attorneys' fees and expenses, related to,
arising from or associated with Buyers, his agents or representatives, use of the
Site, including but not limited to personal injuries or property damage incurred
on the sale premises or during removal and transport of any auction item/lots, and
arising out of, based upon, or resulting from any breach or violation by Bidder
of this Site User Agreement or any use by Bidder of the Site or as a result of a
dispute with another Bidder. |
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This Site User Agreement constitutes a binding agreement
between Bidder and Auctioneer until terminated by Auctioneer, which may be done
at any time, without notice, in Auctioneer's sole discretion. If Bidder dissatisfaction
occurs with the auction sale in any way, Bidder's only recourse is to immediately
discontinue use of the auction Site. Auctioneer reserves the right to terminate
Bidder's registration and use of the auction Site, and impose limits on certain
features of the auction Site or restrict Bidder's access to, or use of, part or
the entire Site without notice or penalty. |
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Auctioneer cannot, and will not, be held responsible for
any interruption in service, errors, and/or omissions, caused by any means and does
not guarantee continual, uninterrupted or error free service or use of the Site.
Bidder acknowledges that this auction is conducted electronically and relies on
hardware and software that may malfunction without warning. Auctioneer, in its sole
discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots
that were affected by any malfunction. The decision of the Auctioneer is final.
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Auctioneer gathers information about Bidders and Owner/Sellers
for the purposes of conducting online auctions only. Auctioneer does not, and will
not, sell or rent this information. Auctioneer uses email mailing lists to notify
its customers about online and live auctions. If you are receiving a particular
mailing and wish to discontinue receiving future mailings, simply forward the received
email to Auctioneer to have your name promptly removed from our list.
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Bidder is responsible for any bids placed under your bidding
number and password. The security of your Bidder information is your sole responsibility
as you, the Bidder, will be responsible for any and all bids placed under your number.
If at any time you feel that your Bidder number and password have been compromised
due to lack of security on your part you must notify Auctioneer immediately.
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Bidder agrees that when using the Maximum Bid feature
on the Site, you use it according to the specifications Auctioneer has in place
for that feature. When using the Maximum Bid feature, if you are the current high
Bidder and you want to change your Maximum Bid, you will be required to place a
new bid in the increment designated for that item/lot in order to raise your Maximum
Bid, which may cause you to raise your last high bid by one bid increment. You,
as a Bidder, agree to only use this feature if you understand how the Maximum Bid
feature works. You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy the Site or the content contained herein
without Auctioneers prior, express written permission. You agree that you will not
use any device, software or routine to interfere or attempt to interfere with the
proper working of the Site or any activity being conducted on the Site. You agree
that you will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content from the Site without
prior, express written permission of the Auctioneer. THE SITE IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights, which may vary from state
to state. |
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No legal advice is intended or implied by anything contained
within the Site. No obligation, liability, responsibility, accountability or burden
is undertaken, assumed or otherwise imposed by maintaining the Site. |
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Any controversy or claim arising out of or relating to
this Site User Agreement shall be settled by binding arbitration in accordance with
the commercial arbitration rules of Maharashtra. 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 Pune, Maharashtra, India, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary
relief from a court of competent jurisdiction in Pune, Maharashtra, India necessary
to protect the rights or property of Auctioneer pending the completion of arbitration.
Buyer and Auctioneer are independent contractors, and no agency, partnership, joint
venture, employee or franchiser-franchisee relationship is intended or created by
this Agreement Buyer agrees to except his choice of law.
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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 Maharashtra applicable to contracts entered into
and to be performed entirely within the State of Maharashtra. 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. Auctioneer's 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. |
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Your use of this auction site marks your acceptance
in full of these Site User Terms and Conditions. |
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