Auction Terms & Conditions
Thank you for your interest in Tyler Grace Auctions TX- We appreciate your support of a family owned-veteran owned-small business-we service the DFW area and are here to help whether you are a buyer or a seller!
NEW BUILDING LOCATION FOR WEEKLY AUCTIONS 15166 MARSH LANE ADDISON TX
-CALL US AT 469-828-1548 OR EMAIL US AT TYLERGRACEAUCTIONS@GMAIL.COM
-ITEMS LOCATED AT OUR AUCTION HOUSE ARE AVAILABLE FOR PREVIEW
-MONDAY, TUESDAY OR FRIDAY 9AM TO 5PM WE DO CLOSE FROM 12 TO 1 FOR LUNCH.
-PREVIEWS ARE AVAILABLE SATURDAY 1PM TO 5PM AS WELL.
-LOTS OF FRAGILE ITEMS AND NARROW PATHS PLEASE DO NOT BRING SMALL CHILDREN OR ANY ANIMALS WITH YOU-ANYTHING BROKEN YOU WILL BE REQUIRED TO PAY FOR
-PREVIEWS NOT REQUIRED BUT ARE STRONGLY ENCOURAGED AS ALL ITEMS ARE "AS-IS" WITH NO WARRANTIES EXPRESSED OR IMPLIED. WE TRY TO THE BEST OF OUR ABILITY TO TAKE CLEAR CONCISE PICTURES BUT WE ARE HUMAN AND SOMETIMES WE OVERLOOK A CHIP OR A CRACK
-ITEMS PLACED IN BOX LOTS MAY BE BROKEN PLEASE CONSIDER THAT POSSIBILITY PRIOR TO BIDDING ON THOSE ITEMS.
-WE LOVE BABIES AND ANIMALS BUT OUR AUCTION HOUSE IS SIMPLY NOT A GOOD A PLACE FOR THEM
REMEMBER QUALITY CONSIGNMENTS ARE ALWAYS WELCOME
-DROP OFF 25% COMMISSION OR IF YOU NEED A PICKUP WE COLLECT 35% COMMISSION
-HAVE A WHOLE ESTATE THAT YOU DONT WANT TO PACK-UP AND MOVE TO AUCTION? WE CAN COME TO YOU AND SELL YOUR ITEMS THROUGH AN ONLINE ONLY PLATFORM-LIMITING ACCESS TO THE PUBLIC AND PROVIDING A SAFER AND MORE SECURE SALE-THIS IS A GREAT OPTION FOR THOSE IN A GATED COMMUNITY OR AN HOA THAT DOES NOT ALLOW SALES OPEN TO THE PUBLIC-
-PLEASE SEND PICS OF WHAT YOU WOULD LIKE TO DROP OFF BEFORE BRINGING ITEMS
-CONISGNMENT ITEMS SUBJECT TO APPROVAL BY THE AUCTIONEER
NEED HELP MOVING?
IF YOU ARE BIDDING ON ITEMS THAT MAY REQUIRE A MOVER CONTACT CHIPS TRANSPORT SERVICE FOR A SPEEDY AND REASONABLE QUOTE-TEXT PICS OF ITEMS YOU WANT DELIVERED AND THE ADDRESS YOU NEED THEM TAKEN TO 214-923-0499 STANDARD PRICING FOR DELIVERY FROM TYLER GRACE AND WITHIN 20 MILES IS 15% OF INVOICE COST WITH A $50 MINIMUM CHARGE-ADDITIONAL SERVICES INCLUDING DISASSEMBLY, ASSEMBLY, PACKING, STAIRS, OVERSIZED ITEMS AND EXTRA MILEAGE MAY APPLY-SUBJECT TO AVAILABILITY-BEST TO SCHEDULE PRIOR TO AUCTION CLOSE-THIS COMPANY DOES NOT WORK FOR TGA AND MAY NEED ADVANCE NOTICE
-Please be aware of pickup location-we have many online only sales that are located at a residence and not at our Addison location.
-Auction titles help to tell where items are located, usually weekly auctions are at the auction house
however items that have a city name in the title are located in a home, these are usually one day pickups so please be aware of location and times prior to bidding.
-WE MAY OFFER UNPAID ITEMS TO THE BACKUP BIDDER IF PROVIDED AN INVALID CREDIT CARD-REPEAT OFFENDERS WILL BE BANNED FROM FUTURE AUCTIONS. BACKUP BIDDERS MAY BE CHARGED FOR ITEMS WITHOUT NOTICE PLEASE BE AWARE OF THIS POSSIBILITY WHEN BIDDING
-IF YOU CHANGE YOUR CREDIT CARD ON FILE AFTER REGISTERING TO BID HIBID DOES NOT PROVIDE US WITH YOUR NEW CARD INFORMATION-PLEASE CALL US PRIOR TO AUCTION CLOSING TO LET US KNOW ABOUT NEW CREDIT CARDS-IF ONLY A PARTIAL PAYMENT CAN BE CHARGED-ITEMS MAY BE REMOVED THAT EXCEED THE AMOUNT WE WERE ABLE TO CHARGE YOUR CARD
-WE DO NOT ACCEPT CASH-MAKE SURE PAYMENT IS CORRECT IN THE SYSTEM PRIOR TO BIDDING
COME PREPARED TO PICKUP:
-PLEASE BRING YOUR OWN HELP TO LOAD LARGE ITEMS (TOOLS, DOLLY, BLANKETS)
-BRING BAGS, BOXES OR PACKING-WE MAY NOT ALWAYS HAVE THESE AVAILABLE
-MAKE SURE YOU ARE AWARE OF THE POSSIBILITY OF STAIRS OR NEED FOR A LADDER WE TRY TO PUT UPSTAIRS ITEMS IN THE DESCRIPTION
-MAKE SURE YOU ARE AWARE OF CORRECT PICKUP ADDRESS AND DAYS PRIOR TO BIDDING,
-IF ITEMS ARE NOT PICKED UP BY SPECIFIED PICKUP DAY THOSE ITEMS BECOME PROPERTY OF TYLER GRACE AUCTIONS-NO REFUNDS PROVIDED-BY BIDDING YOU ARE AGREEING TO ALL OF THE TERMS STATED IN OUR TERMS AND CONDITIONS.
-IF BIDDING ON A "LOT" OF ITEMS BUYER MUST TAKE ALL ITEMS AND REMOVE FROM PROPERTY REGARDLESS OF THEIR DESIRE OR LACK THERE OF FOR "ALL" THE ITEMS IN THE LOT-OUR GOAL IS TO LEAVE THE HOME EMPTY FOR OUR HOMEOWNER-IF ITEMS ARE LEFT AND IT IS NOT APPROVED BY THE STAFF-WE MAY DECLINE BIDS FOR FUTURE AUCTIONS-PLEASE HELP US-HELP YOU-AND OUR HOMEOWNER!
FOLLOW THE RULES:
-ALL ITEMS ARE AS IS WHERE IS WITHOUT WARRANTY EXPRESSED OR IMPLIED AND ALL SALES ARE FINAL-MOST ITEMS ARE USED UNLESS STATED THAT THEY ARE "NEW"
-ANY DAMAGES THAT OCCUR DUE TO CARELESSNESS WHILE YOU ARE PICKING UP YOUR ITEMS WILL BE CHARGED VIA CREDIT CARD OF FILE FOR COST OF ITEM OR DAMAGED PROPERTY
-STATEMENTS MADE THE DAY OF THE SALE SUPERSEDE ALL PRINTED MATERIAL
-IF YOU NEED SHIPPING PLEASE NOTIFY US WITHIN 24 HOURS AFTER THE AUCTION CLOSING TIME,
-SHIPPING AVAILABLE $5 HANDLING FEE + COST OF POSTAGE
-SMALL ITEMS SHIPPED BY USPS THROUGHOUT THE U.S. VIA FLAT RATE BOXES
-LARGER ITEMS/FRAGILE ITEMS MAY NEED TO BE SHIPPED VIA UPS PLEASE CONTACT THEM FOR SHIPPING INSTRUCTIONS.
-WE DO NOT SHIP OUT OF THE U.S.A
-OUT OF COUNTRY BIDDERS WILL NEED TO MAKE ARRANGEMENTS/PROVIDE USA MAILING ADDRESS
-ITEMS SHIPPED TO ADDRESS ON FILE ONLY-TO PREVENT AGAINST THEFT/FRAUD
-IF ITEMS ARE PACKAGED AND PREPARED FOR SHIPPING AND CREDIT CARD ON FILE DECLINES, THERE WILL BE AN ADDITIONAL $10 HANDLING FEE FOR THE INCONVENIENCE.
-OUR SHIPPING MANAGER COMES IN ONCE A WEEK TO DO SHIPPING BUT IF SHE HAS TO MAKE ANOTHER TRIP OUT TO TRY TO CHARGE A DECLINED CARD IT ADVERSELY AFFECTS OUR SHIPPING PROCESS. SHIPPING IS USALLY DONE BY FRIDAY IF NOT SOONER, ONCE SHIPPED OUR SYSTEM WILL GENERATE AN AUTOMATIC EMAIL TO YOU WITH YOUR TRACKING INFORMATION.
-IF YOUR ITEMS REQUIRE THE ATTENTION OF UPS OR FEDEX AND ARE NOT SOMETHING WE ARE WILLING TO SHIP THEN THOSE ITEMS MUST BE PICKED UP BY UPS OR FEDEX BY TUESDAY AFTER AUCTION IS OVER OTHERWISE WE WILL CONSIDER THEM FORFEITED AND THEY WILL BE RELISTED-WE CANNOT HOLD ITEMS
-PLEASE NOTE WE WORK WITH A 3RD PARTY DEBT RECOVERY COMPANY
-UNPAID ITEMS WILL BE SENT TO OUR COLLECTIONS DEPARTMENT.
PLEASE MIND YOUR MANNERS:
-WE RESERVE THE RIGHT TO REFUSE SERVICE FOR ANY REASON-BE POLITE-
-RUDE PEOPLE WILL NOT BE TOLERATED-BE A DECENT HUMAN BEING AND WE WILL RECIPROCATE
-STATEMENTS MADE THE DAY OF THE SALE SUPERSEDE ALL PRINTED MATERIAL
-AUCTION STAFF MAY BID ON ITEMS, SELLER OR SELLERS AGENT MAY ALSO BID
-PLEASE BE CAREFUL WHEN LOADING-WE ARE NOT RESPONSIBLE FOR ACCIDENTS THAT MAY OCCUR ON OR OFF OF OUR PROPERTY
-IF YOU ARE UNCERTAIN ABOUT WHEN AND WHERE-PLEASE ASK BEFORE BIDDING
TYLER GRACE AUCTIONS LLC
15166 Marsh Lane
ADDISON TX 75001
ZOEY BUFFORD TDLR17641
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.