Name 6905 S Hibiscus Dr Muncie, IN 47302
Auctioneer Dan Martin & Associates, Inc
Type Online-Only Auction
Date(s) 7/7/2016 - 7/29/2016
7/7/16 at 3:00PM EST until 7/29/16 6:00PM EST
Preview Date/Time By Appointment
Checkout Date/Time 7/29/16 6:00PM EST
Location 6905 S Hibiscus Dr
Muncie, IN 47302
Buyer Premium Buyers premium will be added to invoice
Description
Internet only Auction commencing 7/7/16 at 3PM EST and ending 7/29/16 6PM 3 Bed 2 Bath Ranch Home with 2 car attached garage and rear Deck with front Open Frame Porch. Cowan School district. Selling with owner confirmation to the highest bidder with 10% nonrefundable deposit down, no contingencies, no warranties expressed or implied, closing in 30 days after Auction endsor 5 banking days after presentation of Marketable Title and possession at closing, marketable title by POA.
Auction Terms & Conditions 1. BIDDERS-All bidders must register for bidder numbers with proper ID. 2. PAYMENT- Purchases must be paid in full within 30 days of conclusion of the auction or 5 banking days of presentation of marketable title. Down Payment can be made by Visa, MasterCard, Discover, or American Express balance in cash or immediately available funds at closing. Buyer specifically waves the right to dispute or deny payment for any purchase made with debit or credit card. Auctioneer may need a bank letter of guarantee. 3. NO CREDIT ALLOWED 4. COMPLIANCE WITH THE TERMS OF SALE- In default of payment of invoices in full within the time announced for this auction the auction company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. 5. PAID RECEIPT- Removal of purchased items shall be at the expense, liability, and risk of the purchaser. Purchases can be removed upon presentation of a paid receipt to auction staff. Purchases may be paid for and removed at any time during the auction as long as the auction is not disrupted by this activity. Purchased goods must be removed within 2 days or will be sold for storage by the auction company and the funds received from such sale retained by the auction company as liquidated damages. 6. REMOVAL- No goods may be removed until paid in full. Purchaser is responsible for removal of all purchased items. Removal of purchased items shall be at the expense, liability, and risk of the purchaser. No abandonment of purchased items is allowed. Purchaser will be responsible to pay the full cost of removal or disposal of abandoned items. Auction Company shall not, in any event, be liable for non-removal or abandonment or for any other matter to any purchaser of any lot. In the absence of a written extension with auctioneer purchaser's non removal of purchased items within 48 hours of the termination of posted pick up time shall be deemed a forfeiture of said purchased items and purchaser expressly agrees to surrender same to auctioneer and purchaser agrees to indemnify and hold auctioneer and seller harmless for any and all loss therefrom. 7. THE SALE OF ITEMS- Auction Company has the right to terminate the auction at any reasonable time; withdrawal from sale any item; to sell at this auction items not listed; to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. The auction company also reserves the right to sell all of the items listed in bulk. Auction Company reserves the right to modify these terms and conditions at any time prior to end of the auction. 8. CONDITION OF ITEMS SOLD- All information is believed to be accurate, but the auction company, auctioneer, and seller shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "as is" and without recourse. All Sales are Final! 9. LOADING EQUIPMENT- Auction Company does not lend, lease, or borrow any equipment, nor deliver sold goods. 10. SOLD ITEMS- All items become the sole responsibility of the purchaser when auctioneer confirms your number as successful bidder. Although the auction company will exhibit reasonable care to safeguard purchases until removal by purchaser, no refunds or adjustments will be allowed for any shortages. We are NOT responsible for stolen or lost goods. 11. NO LIABILITY- Auction Company assumes no liability for your purchases (If you buy a lawnmower, bulldozer, or other such item, and you don't know how to use it and get injured, we are not liable). The buyer assumes and does agree to indemnify and hold the auction company, auctioneer, auction staff, and seller harmless from any future claim that shall pertain to the fitness or use of that asset being purchased. 12. DOCUMENTS- All documanets must be completed in full by buyers and sellers. For example: Liens, and UCC's when purchaseing vehicles, firearms, etc. 13. CONSIGNORS-All consignors must fill out a contract with auction company, sign and abide by our terms listed. 14. NSF FUNDS- A $25 fee for non-sufficient funds (NSF) checks per occurence will be charged. 15. RESERVE PRICES- Any item that Auction Company agrees to sell with reserve must have a tagged reserve price that is subject to our commissions. Real Estate and Vehicles sell with owner's confirmation. 16. BIDDING- No consignor, seller, or agent for sellers has the right to bid on their consigned goods. 17. EMPLOYEE BIDDING- Any employee of Auction Company may bid at an auction if they so wish to purchase an item. 18. INDIANA LAW- Auction Company is deemed to be in full and complete compliance with Indiana statutes and Indiana Administrative codes,Title 25, Title 812, Department of Revenue Tax Bulletin, #20, and Reference IC6-2-4. 19. KEEPING ORDER- Auctioneers have the right to refuse service or eject any person obstructing the auction process. 20. DISPUTE BETWEEN BIDDERS- If there is any dispute between two or more bidders, the auction company or it's auctioneer, may decide the successful bidder. The decision of the auction company or its auctioneer, shall be final and absolute. NO tie bids. 21. NOMINAL BIDS- Any bid that is merely a nominal bid may be rejected by the auction company or the auction company may reject fractional advances, if in their judgment it may adversely affect the sale. 22. ABSENTEE (PROXY) BIDS-Absentee bids may be presented to the auction company in writing and must be accompanied by credit/debit card number, which will be verified for your maximum bid amount and applicable buyer's premium prior to the sale. Buyers may deliver to auction company maximum bid in certified funds to be refunded in full, if buyer does not gain the successful bid. Said bids are subject to all terms and conditiond of sale as listed herein or announced at the auction sale. All absentee bids will be held in confidence. The auction company may have a principal interest in this sale. Seller may NOT bid on his/her own items at auction as per state laws. 23. APPRAISALS- There are NO guarantees of auction prices; nor can we establish a value for sentimental reasons. 24. THE AUCTION COMPANY- When acting as agent is not responsible for the acts of its principals. 25. NO WARRANTIES- Everything is sold "AS IS/WHERE IS" with no warranties, representation or guarantees expressed, implied, or otherwise given. All sales are final. 26. PERSONAL AND PROPERTY RISK- Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the auction company from liability therefor. Neither the auction company nor its principal or seller shall be by reason of any defects in or condition of the premises in which the sale is held. 27. BUYER'S PREMIUM- The auction company has the right to charge a buyer's premium which belongs to the auction company. The buyer's premium plus sales tax if applicable will be added to the bid price to equal the total selling price paid for auction items. 28. SALES TAX- Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. Sales tax exemption number, where applicable, must be presented at the time of bidder registration, buyer must sign any required forms. 29. RECORDS-The record of sale kept by the auction company, the audio and/or video tape of the auction and the bookeeper records will be taken as final in the event of any dispute. 30. CANCELLATION- If seller cancels an auction for any reason there will be a minimum cancellation fee of $2000 plus any out of pocket expenses such as advertising, labor, set up, etc. 31. VIDEO SURVEILLANCE- Auction Company is hereby given permission to conduct video surveillance whenever and where ever it deems appropriate and shoplifters will be prosecuted. 32. AUCTION COMPANY- Retains the right to govern goods and services sold to clients and to maintain the level of integrity of our business. 33. AUCTION COMPANY- The auction company, when acting as agent, is not responsible for the act of its principals. --------------------------------------------------------------------------------------- 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. REGISTRATION OBLIGATIONS 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 AUCTIONS 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 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. BIDDING 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. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT 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. INDEMNITY 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. LEGAL COMPLIANCE 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. GENERAL INFORMATION 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.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 100,000.00 1,000.00 USD
100,000.01 - 115,000.00 500.00 USD
115,000.01 - 125,000.00 250.00 USD
125,000.01 - 150,000.00 100.00 USD
150,000.01 - 9,999,999.99 50.00 USD
Currency USD
Buyer Premium Buyers premium will be added to invoice
Payment Terms
Upon completion of the online auction, your credit card will be charged for the purchase price plus buyers premium and you will be emailed a paid invoice which you will need to bring with you to claim your items.
All lots must be removed from the auction site by the winning bidder or bidder's agent at the times indicated after auction completion VALID PHOTO ID REQUIRED AT TIME OF REMOVAL. Buyer is responsible for all labor, packing, packaging, loading, rigging, shipping, and transportation of items at his/her sole expense and risk. Buyer shall use care and prudence during the removal process and shall be liable for all damage incurred due to buyer's actions. Shipping is available and cost will be done on a case by case basis with an additional $5 minimum shipping and handling fee.