Auction's Terms and Conditions
III. TERMS AND CONDITIONS FOR AUCTION
Set forth below are the specific terms and conditions (the “Terms of Auction”) that shall apply to any purchase by any party(a “Buyer”) either directly from Safariis Auction or in a transaction (a “Transaction”) in which Safariis serves as broker, agent, liquidator or auctioneer for any third party owner (“Consignor”) via the Safariis’ Auction website. The Terms apply to all Transactions, including without limitation, public auctions conducted by Safariis and direct purchases by Buyer of any item either before, after or independent of any public auction held at the site. By using or accessing any and all Safariis Services and or Websites you agree you have read and understand the Terms and Conditions stated herein and are bound to these Terms and Conditions.
DO NOT USE or ACCESS any and all Safariis Services if you do not agree to the Terms and Conditions stated herein. If you do not understand any or all the Terms and Conditions herein please contact Safariis via email at
legalnotices@Safariis.com for further assistance.
*Please Note: The “sale specific” terms and conditions for each auction supersede our General Terms of Sale.
1. TERMS AND CONDITIONS
1.1 NO WARRANTY
All machinery, equipment, merchandise and other items (the “Goods”) are sold on an “AS IS/WHERE IS” basis without licenses or other rights to software required for equipment to work, without any warranties or representations, either expressed or implied. Neither Safariis nor the Consignor makes any warranties or representations of any kind or nature with respect to the property or its value and in no event shall either be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Prospective bidders are urged to contact Safariis directly for detailed information regarding any item for sales. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY are expressly disclaimed.
1.2. BUYER REGISTRATION
Buyers must register at our online portal prior to bidding during any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their name as seen on the Government issued identification, company (if applicable), mailing address, phone number and email address prior to the auction. By registering, you represent and warrant any and all Buyer Information is accurate and complete. Your telephone number must have been verified via SMS, and your email also verified by an email verification link sent to your inbox during your registration. It is solely the Buyers responsibility to maintain current Buyer Information for completeness and accuracy. Safariis reserves the right to deny and or terminate Registrations at any time at its sole discretion without notification. Safariis reserves the right to deny usage and access of Safariis Auction services and Websites at any time without notice or liability to any persons or third parties. When applicable, Electronic Bidders are required to provide a valid Visa or MasterCard number. At its discretion, Safariis may charge a registration fee for Electronic bidding. This fee will be clearly displayed during the registration process. THE BIDDER AUTHORIZES SAFARIIS TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS. (See section 9 “Default” below.)
1.2.(2A). SELLER REGISTRATION
Safariis allows sellers to self-register at the site as merchants, and list their items for sale. This registration is processed and finalized at the Safariis backend before items are listed for each Seller and are viewable by our buyers. As a merchant, you are not an agent of Safariis. Safariis provides Safariis Auction as a tool to allow any individual to directly list their product for sale through auctioning. No relationship between any seller and Safariis exists other than the provisioning of the Safariis Auction site by us to be used by the merchant to list auction items. The buyer is hereby informed to make reasonable effort to determine the validity of both the product being sold and the ownership of its title before submitting bids. Safariis is not responsible for any tort created by the seller during the auction process.
1.2.(2B) SAFARIIS AND ITS WEBSITE
Are for use by persons acting within their trade or businesses and online buyers. By registering, the Buyer represents, warrants and undertakes that it is or acts as a business or a real individual that can be identified in the real world, and has given correct information about its business or person and have provided accurate contact details during the Safariis’ registration process.
For some categories of items such as real estate, very expensive antiques, automobile/bike/planes/agriculture equipment, etc. Safariis requires a deposit of not less than twenty five percent (25%) of the Buyer’s total purchase price by the end of sale day – with the balance due by the end of the next business day. This can be in the form of cash, a cashier’s check, or business check with a bank letter of guarantee. At its discretion, Safariis may contact bidders via email or telephone before or during the sale to obtain a bank letter of guarantee or wire transfer as a deposit. If Safariis does not receive a response from its attempts to contact Buyer or if the Buyer does not provide a deposit, Safariis reserves the right to refuse or cancel Buyer’s bids.
1.4. INVOICES & PAYMENT INSTRUCTIONS
For Onsite and Webcast auctions, winning bidders can request a printed paper invoice from the accounting Manager at the sale location during or after the sale. Electronic Bidders will be sent an electronic invoice to the email address provided during registration. Detailed payment instructions for each sale are available in the printed lot catalog at the sale location on the day of the sale. Electronic Bidders will be sent detailed
payment instructions via email along with their invoice.
Safariis must receive the balance of the total purchase price no later than the close of business on the day following the auction (the “Final Payment Date”). All payments must be in cash, cashier’s or certified check, federal wire transfer of immediately available funds or a corporate check accompanied with a bank letter of guarantee, and all of the foregoing must be in form, scope and substance acceptable to Safariis. Credit cards are accepted for Electronic bidding registration and for Liquidated Damages in the event of a default. Without limiting Safariis’ discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to Safariis in collected funds.
Buyer must also pay to Safariis on or before the Final Payment Date, all sales, export, use and other taxes due to any federal, state or local taxing authority (the “Taxes”) as a result of Buyer’s purchase, including without limitation, any taxes arising from any Buyer’s Premium. To receive the benefit of any tax exemption, Buyer must supply Safariis with a sales tax exemption certificate acceptable in form, scope and substance to Safariis in Safariis’ sole discretion.
1.7. BUYER’S PREMIUM
Safariis Auction shall charge a 15% Buyer’s Premium on all purchases. Acceptable forms of payment are wire transfer, cashiers or certified check and company check with a bank letter of guarantee. In cases where the auction is conducted simultaneously live on-site and streamed over Safariis Auction, a different Buyer’s Premium may be applicable and will be announced at the time of that specific
1.8. REMOVAL OF GOODS
(1) Buyers or their Agents must remove all Goods purchased before the final removal date and time announced by Safariis at the auction (the “Removal Date”). (2) No Goods shall be removed until the full purchase price and all applicable taxes thereon have been received by Safariis in the form required herein. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND SAFARIIS SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. Buyer shall be responsible for the safe and proper removal of any Goods purchased by Buyer. Safariis Auction does not pack, ship, store, crate or rig items for removal. Buyers may either pick up Goods at the designated auction site themselves or can contract with a third party agent elsewhere or even on Safariis Services to manage the removal process for them. Before Goods can be removed by an Agent, the Agent must provide Safariis with (1) proof of payment in full (Paid in Full Invoice) and (2) An “Agent Release Authorization” form which allows Safariis to release items to a third party contractor for shipping, crating or packing purposes. Goods weighing more than 100 pounds must be removed by a qualified, insured rigger. Before any removal, Buyer must provide Safariis with a certificate of insurance from the rigger, which certificate must be in form, scope and content acceptable to Safariis in Safariis' sole discretion. Without limiting Safariis' discretion, such certificate must show that the rigger carries comprehensive liability insurance written by an insurance carrier of national standing and in an amount of not less than two million dollars ($2,000,000.00) in the United States. Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer’s removal of the Goods. Safariis shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from machinery purchased. Buyer does hereby indemnify Safariis, the Consignor and the owner of the premises in which the Goods are located, from any and all claims, damages, and losses arising from Buyer’s actions or actions with respect to the Goods and Buyer’s presence on the premises in which the Goods are located, including without limitation, injuries to persons or property and environmental violations or contamination. Risk of loss on any Goods shall pass to the Buyer upon payment in full to Safariis of all sums due from Buyer in respect to the Goods. Safariis shall have no responsibility whatsoever for any missing or lost items that can be removed by hand if such items have not been removed within forty-eight (48) hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete.
Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to high bidders are contractually theirs and must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT PURCHASER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THESE TERMS AND CONDITIONS, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS 1.9B YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. Safariis will re-market and resell this property.
Failure to pay invoices in full by the Final Payment Date in accordance with the payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF SAFARIIS HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES SAFARIIS TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold. IF BUYER HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF THE FINAL REMOVAL DATE, THE BIDDER AUTHORIZES SAFARIIS TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
After Buyer has removed any item from Safariis’ possession, Safariis shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to Safariis before any item is removed from the premises where the auction is conducted.
Safariis shall not be responsible for any damages, loss or theft of Goods except in the case of Safariis’ willful misconduct. Without limiting the foregoing, Safariis shall not be responsible for damages or losses caused by strikes, civil disorders, Government actions, or acts of God.
Safariis reserves the right to withdraw or sell any assets contained in an auction prior to or proceeding the stated auction period without notification. Safariis reserves the right to temporarily or permanently end an auction prior to or during the stated auction period at is sole discretion without notification. Safariis, in its sole discretion, reserves the right to extend the stated auction period without notification. If for any reason Safariis is unable to deliver any Goods purchased by Buyer, Safariis’ sole liability shall be to return all sums paid by Buyer to Safariis in respect of such Goods.
Safariis, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce, post or publish notice to attendees and buyers at any auction. Safariis reserves the right to confirm or reject the final bid. Further, Safariis, and/or its affiliates or subsidiaries, may bid at the auction for its own account, on behalf of a third party or the seller.
1.13B “SUBJECT TO SELLER CONFIRMATION” LOTS
Certain lots may be offered for sale “Subject to Seller Confirmation,” meaning the seller has the right to confirm or reject the highest bid tendered at the auction sale within a stated time period following the close of bidding as set forth either in the respective lot description, on the auction landing page or under the Auction Details tab on the catalog page. The lot description for any such lot shall clearly designate that the respective lot is being offered for sale subject to Seller Confirmation. Bidder acknowledges that the high bid received for such lot(s) shall remain irrevocable until the end of the stated confirmation period, and the lot will only be awarded to the high bidder if confirmed by the seller. Regardless of whether the high bidder receives a preliminary post-auction notification that the highest bidder “may have won” the lot in question, no such lot shall be awarded to the high bidder unless and until such time as the high bidder has received a written or telephonic notification from Safariis that the high bid has been confirmed by the seller.
1.14. AUTOMATIC BIDDING
Safariis offers the ability to set a budget at the site for automatic bidding until the threshold amount specified is reached. The buyer is responsible for monitoring the bidding process regardless in order to maintain its position in the bidder’s queue. In the event that the threshold amount is reached, Safariis may or may not notify the buyer by email. The responsibility to increase the threshold amount is solely that of the buyer.
1.15. RIGHT TO REFUSE BIDS OR DENY ACCESS
Safariis, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. Safariis reserves the right to deny the usage and access by any person or third party of any and all Safariis Services and Websites without notification.
1.16. BID INCREMENTS
Safariis, in its sole discretion, shall control all bidding increments and advances at any auction. Safariis reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Safariis believed was made illegally or in bad faith. In the event of a dispute among bidders, Safariis may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute by relisting it at the site. No returns or refunds will be permitted, unless authorized by the Consignor in writing.
1.17. AGGREGATE BIDS
Safariis reserves the right, in its sole discretion, to sell items advertised as a public auction sale, on a piece by piece basis or as a complete lot. Without limiting the generality of the foregoing, Safariis may accept a complete lot bid and then conduct an item by item auction which auction shall be effective only if the total proceeds there from exceed the amount of the complete bid.
1.18. INFORMATION SUBJECT TO ERROR
All information provided by Safariis to Buyer, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, Safariis shall have no responsibility whatsoever for any information provided to any attendee or buyers. All buyers shall rely solely on their own investigation and inspection of any Goods.
1.19. RIGHT TO AMEND THE TERMS AND CONDITIONS
Safariis reserves the right to amend any and all of the Terms and Conditions stated herein at any time without notification at Safariis' sole discretion. It is the Buyers responsibility to read and review the Terms and Conditions for each sale. Safariis provides the Terms and Conditions through its Websites and in printed form at on-site auctions.
1.20. AGENCY RELATIONSHIP
When Safariis is selling or auctioning any Goods on behalf of the Consignor, Safariis shall act as an agent only and shall have no liability whatsoever for the acts of any owner or principal.
1.21. EXPORT LAW COMPLIANCE
Buyers agree to comply with all United States export control and related laws, as well as acknowledge that Safariis is not the exporter of any purchased item. Certain items offered for sale at an Auction or Sealed Bid Sale may constitute “Restricted Technology.” Under Federal Law, such items may not be shipped outside the United States. Buyer also agrees not to export any item to countries which are subject to comprehensive embargoes or support terrorism. These countries include, but are not limited to: Cuba, Iran, North Korea, Sudan, and Syria. The list will change from time to time. Safariis makes no representation or warranty concerning Restricted Technology or conducted an investigation to ascertain which items, if any, constitute Restricted Technology.
1.22. AUCTION SITES
Buyers acknowledge that an auction site is a potentially dangerous place, Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. No person shall have any claim against Safariis, the seller or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction site.
1.23. SAFARIIS RIGHTS AND REMEDIES
If the Buyer fails to comply with any of the Terms, Safariis shall have all rights and remedies available to it at law and in equity. Without limiting the generality of the foregoing, Safariis may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by Safariis (i) as a result of Buyer’s breach of any of the Terms, including without limitation, lost profits and consequential damages and (ii) incurred in connection with the enforcement of Safariis’ rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.
1.24. NO COLLUSION
Buyers agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers is forbidden. Buyers agree they will not place bids using false names or Buyer Information.
1.25. BUYERS INDEMNIFICATION
Buyers agree they will defend, indemnify and hold harmless Safariis, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claims, loss, damage, liabilities, judgments, fees and expenses incurred by Safariis, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of Safariis Auction and Websites.
1.26. WEBSITE USAGE
The following is specific to the access and usage of Safariis Websites including and not limited to any and all the features and applications:
A) Each Registrant will specify a unique Username and Password and it is solely the responsibility of the Registrant to maintain the confidentiality of this User Name and Password.
B) Registrants are solely responsible for any and all transactions or transmissions using their Username and Password
C) Safariis is not responsible for any and all unauthorized or compromised usage of the Registrant’s Username and Password. Registrants are responsible for contacting Safariis in writing for any and all unauthorized usage of their Username and Password.
D) Registrants agree they will not:
i) Disrupt, interfere or create outages to computer networks that directly or indirectly affect Safariis Websites.
ii) Falsely misrepresent or impersonate any other person or entity. Registrants are forbidden from misrepresenting a Registrant’s employment by or affiliation with any third party.
iii) Registrants are forbidden from posting, uploading, transmitting, publishing or distributing any and all information that contains viruses, code, files or programs with the malicious intent of affecting Safariis Website.
iv) Registrants agree they will not copy, modify, reproduce, distribute or sell any information or material provided through Safariis Websites.
E) Safariis is not responsible for any and all products, content, information or material provided by links to or statements regarding third party services. This includes but not limited to riggers, shippers, partners and any third party
F) Registrants agree Safariis and its affiliates, including partners, officers, directors, employees, agents, shareholders or co-branders, are not responsible for any and all damages, actual or alleged, resulting from the downloading of any information or materials from Safariis Website.