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The following Terms and Conditions apply to all OverStock-Bid Corporation (DBA OverStock-Bid and/or DBA Ostock-Bid) auctions. OverStock-Bid reserves the right to amend these Terms and Conditions at any time without prior notice. When you visit any OverStock-Bid website, you, as Bidder and/or Buyer agree to these Terms and Conditions and the Terms and Conditions of the specific auction item. By agreeing to these Terms and Conditions the Bidder and/or Buyer is also agreeing to the Purchase Terms with the individual Seller. These Terms and Conditions shall be governed by and constructed in accordance with the laws of the United States and any disputes will be decided only by the Courts of the United States and specifically within jurisdiction of the courts within Anoka County, Minnesota. OverStock-Bid reserves the right at its discretion to disqualify any individual it finds to be tampering with the bidding process or the operation of the site, to be acting in violation of the Terms and Conditions or to be acting in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Overstock-Bid reserves the right to seek damages to the fullest extent permitted by law against any participant or any other individual who attempts to deliberately damage the site or undermine the legitimate operation of the auction. OverStock-Bid reserves the right in its sole discretion, to suspend or cancel the auction at any time if a computer virus, bug, or other technical or procedural problem impairs or corrupts the administration, security or proper conduct of the auction. By participating in this auction, bidders agree that OverStock-Bid, its principals, officers, directors, employees, shareholders, agents, representatives, affiliates, subsidiaries or other agents are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, internet, or any technical, computer malfunctions, failures, or difficulties, or human error, of any kind; (ii) any condition caused by events beyond the control of OverStock-Bid that may cause the auction to be disrupted or corrupted; (iii) any errors or incorrect information contained in any materials associated with the auction, including the auction listing; (iv) any and all losses, damages, including without limitation, personal injury, death, and property damage, and claims based on breach of warranty, misrepresentation, defamation, or invasion of privacy. Agent OverStock-Bid is acting as an agent of the Seller & the Buyer in an online auction and is not responsible for acts, omissions or representation of the Seller or the Buyer or any of their principals, officers, directors, employees, shareholders, agents, representatives, affiliates, subsidiaries or other agents. While we host the auction and we are known as an auction site, we are not an Auctioneer. Disputes Should a dispute arise regarding a bid, OverStock-Bid is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold OverStock-Bid harmless from any and all liability arising out of decisions made in resolving disputes. Condition of Item Except as expressly set forth all items are sold "as is", "where is", with no warranties, express or implied. Illustrations, pictures or videos posted on OverStock-Bid's website are for identification purposes only and are not warranties of any type. Buyer assumes complete and sole responsibility for inspection of items prior to bidding and relies solely on its own inspection as to the condition and value of items. Buyer waives any and all claims against OverStock-Bid and Seller based on the condition or value of items. We will not be held responsible for any inaccuracies in the auction information appearing on our site, including the detailed descriptions of the vehicles. Bidding You agree that you are at least eighteen (18) years old and that you possess the legal right and ability to enter this site and the bidding agreement. You must register on our site and submit all required information prior to placing a bid. By placing a bid on an item, the bidder agrees that they have the authority and capacity to enter such bid and close the transaction and that any bid that they make constitutes an irrevocable offer to buy the item in question for the full amount of the bid, plus the Buyer's premium of 10% of the winning bid amount, any applicable sales tax, vehicle registration fees, finance charges, documentation charges, and other fees required by law. A legally binding contract between the bidder, OverStock-Bid, and the Seller is formed when a bidder makes the highest bid and the online auction is closed. Once a bid has been submitted, it cannot be retracted, deleted, or canceled. OverStock-Bid reserves the right to reject any and/or all bids. Proof of Bid All auction sales will be electronically recorded. We capture the bidder information and details of the bidding history. This shall be sufficient evidence of the circumstances of the sale, and all disagreements will be resolved with this record. End of Auction Online auctions shall end on the date and time identified within the auction item specifications. In the case of active bidding items will remain open until no bids have been received for two (2) minutes. Example: Auction close date and time is 01/01/2009 10:00 am. There is active bidding between multiple bidders at exactly 10:00 am. The auction will close when there are no updated bids for 2 minutes showing the maximum bid has been reached. Buying All sales are final. When the auction closes, the highest bidder shall pay for the item purchased within three (3) business days of the close of the auction. Payments must be made in full prior to release of vehicles or other property. U.S. Funds Only. If OverStock-Bid determines that the highest bid was not a bona fide bid, the item will be offered to the second highest bidder. If Buyer does not pay for and pick up an item within three (3) days of the auction close, OverStock-Bid may resell the item without notice. Buyer's bidding privileges as to any other OverStock-Bid auctions may be suspended. Buyer's bidding privileges may be reinstated at the sole discretion of OverStock-Bid. Final Sale Buyer will receive an email from Ostock-Bid with an invoice and Seller information once an auction has ended and the item was won to complete the sale. Buyer is to work with the Seller to arrange payment and transfer of item from the within three (3) business days of the auction close. Fees Payments for all items will be made to the Seller. Prices do not include sales tax, vehicle registration fees, finance charges, documentation charges, and/or other fees required by law. Buyer shall pay a Buyer's Premium of 10% (up to $500) of the winning amount. The Buyer's premium is non-negotiable and is payable by all Buyers. Example: Highest bid at auction close is $1000. Total price for this item before sales tax, vehicle registration fees, finance charges, documentation charges, and/or other fees required by law is $1100. This is to be paid to Seller at the time of the final sale. Title Title will pass to Buyer when full payment for the item has been received. Upon removal of an item risk of loss shall pass from the Seller to the Buyer. Indemnification Buyer indemnifies and holds harmless OverStock-Bid, its principals, officers, directors, employees, shareholders, agents, representatives, affiliates, subsidiaries or other agents against any damage or loss which Buyer, OverStock-Bid or third-parties may suffer or incur with respect to loss, damage or injury arising from the removal of an item or against any and all liability and costs incurred by OverStock-Bid or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations. You shall cooperate as fully as reasonably required in the defense of any claim. Cancel OverStock-Bid may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. OverStock-Bid will neither have liability nor obligation to Buyers or Seller as a result of any item withdrawal, sale cancellation or postponement. |