Terms and Conditions for Texas Clix Auction Company
Bidder and Auctioneer agree that the terms listed below shall govern each online auction sale.
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. Texas Clix Auction Company, at its sole discretion, may deny registration to any person or entity.
BUYER'S PREMIUM: Unless a specific auction states otherwise, a 12% 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 $112 for the item on your auction invoice.
AGREEMENT TO TERMS: Access and use of any online auction site of Texas Clix Auction Company (the 'Site') is subject to 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 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 the Site. Texas Clix Auction Company reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
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.
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 Texas Clix Auction Company 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, Texas Clix Auction Company 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 Texas Clix Auction Company 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. Texas Clix Auction Company 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.
ALL AUCTIONS WITH RESERVE: All auctions of Texas Clix Auction Company are with reserve. Per the Auctioneer Administrative Rules of the Texas Department of Licensing and Regulation, an auction "with reserve" is one in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. Sellers reserve the right to bid on all auctions. Auctioneers and their employees reserve the right to bid on their own or the Seller's behalf.
REMOVAL: Merchandise becomes the full responsibility of Buyer at the close of auction, and Buyer assumes all risk of loss and damage to property until removed from sale premises. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis. THERE ARE NO EXCEPTIONS TO REMOVAL DEADLINES!! Bidders who fail to pick up purchases by the removal deadline will incur storage fees in the amount of $10.00 per day per item. Items remaining 30 days after removal deadline will be considered as abandoned, and ownership will revert to Seller, who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale.
ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory after the item or lot has been removed from the sale premises, or after the removal deadline whether or not the property has been removed. Advanced Auction Company reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated at the end of each item or lot. If a dispute arises between two or more Bidders, Texas Clix Auction Company reserves the right to reopen bidding. Texas Clix Auction Companys designation of the Buyer shall be final.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Texas Clix Auction Company 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 Buyer's, 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 items or 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.
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Texas Clix Auction Company until terminated by Texas Clix Auction Company. Texas Clix Auction Company may terminate this agreement at any time, without notice, in Texas Clix Auction Company'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. Texas Clix Auction Company reserves the right to terminate Bidder 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.
INTERRUPTION OF SERVICE: Texas Clix Auction Company 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. Texas Clix Auction Company, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Texas Clix Auction Company is final.
PRIVACY: Texas Clix Auction Company gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Texas Clix Auction Company does not sell or rent this information. Texas Clix Auction Company uses electronic mail 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 e-mail to Texas Clix Auction Company to have your name promptly removed from our list.
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.
NO WARRANTY ON SITE USAGE: 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 Texas Clix Auction Company. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY 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 vary from state to state. 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.
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: If an auction receives a bid in the last five minutes, the ending time for that auction will automatically be extended by five minutes. Once five 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.