Wavz
Technology, DBA, The Bid Shack USER AGREEMENT
- Principles of the Auction
a. Wavz Technology, Inc. doing business as The Bid Shack (Hereinafter:
“the Company”) is a for profit Indiana corporation, which manages and
implements private auctions, through the internet. The “Lowest Unique Bid
SM” specialized auctions way of promoting invitations to offer bids for
various products and/or services, accepting bids, determination of the
successful bid according to the criteria set by the Company as described in
the herein User Agreement and delivery of the product and/or service to
the participant that submitted the successful bid, all in accordance with
this User Agreement (Hereinafter: “the auction”)
b. The Company will set a minimum starting price that can be bid for each
product and/or service. Starting bids must be at least the established
starting price. The
participants in the auction will submit bids in United States Dollars and
cents and will pay handling and registration fees (bidding fees) for each
bid that is submitted by them. After the closing of the auction the
successful bid will be chosen that is the lowest unique bid closest or
equal to the "minimum starting" price, meaning the lowest bid
that is not identical to any other bid submitted to that auction. Each
auction is for only one product and/or service each time.
2. Auctioneer
a. All auctions will be conducted based on Indiana internet auction laws.
3. Definitions: These terms will be defined as follows:
a. “Required Bids” is the highest number of bids that can be submitted to
a particular auction. The required bids will be determined by the Company
for each auction and will be publicized by the Company on the
product/service information page, and the product/service bid page for
each auction for a particular product and/or service.
b. “Required Number of bids to close an auction” the number of bids that
will determine that an auction is closed. The Required Number of bids to
close an auction will be determined at the sole discretion of the Company,
prior to the opening of an auction. The Company maintains the right to
change the Required Number of bids to close an auction at any time, even
during the time that the auction is open. The Required Number of bids to
close an auction will always be equal to or lower than the Required Bids
for any particular auction. The number of bids to close an auction is
strictly confidential, and is only known to the company.
c. “Open Auction” an auction for a specific product and/or service that
one can submit bids to.
d. “Auction Opening Time” the earliest time to submit a bid for any
auction.
e. “Auction Closing Time” the time at which an auction becomes a closed
auction.
f. “Closed Auction” an auction for a product and/or service that has
received the required bids to close the auction.
g. “Consecutive Auction” If an auction becomes a Closed Auction, The
Company reserves the right to offer another auction for the same products
and/or services immediately upon the prior auction closing. Such an
subsequent auction is called a Consecutive. (For example: If an open
auction for a specific product whose Required bids to close that auction
was set at 10 bids, the Company retains the right immediately after 10
bids are submitted by a participant and/or participants and the auction
has become a closed auction, to open a new auction for the same product so
that the next bid submitted by a participant, will be the first bid in the
new auction for the same product). In this event, a new auction number
will be assigned to the "Consecutive Auction".
h. “Member” a person, 18 years of age or older, with a valid credit card,
or a business entity qualified to do business within a particular
jurisdiction, with a valid credit card who has completed the membership
form and been accepted by the Company.
i. “Participant” a member that submits a bid to an auction for a product
and/or service, that has not been cancelled in accordance to §12(d) in
this agreement.
j. “Lowest Unique Bid”: At or above the minimum price that a participant
can offer for a particular product and/or service for which the
participant is bidding. The Minimum Starting Bid will be set by the
Company according to its sole discretion and will be publicized on the
product/service information page, and the product/service bid page for
each auction for a particular product and/or service.
k. “Bid” an offer for the purchase of a product and/or service that has
been put forth by a participant in accordance with what is stated this
agreement. Any bids less than the Minimum Starting Price set for the
auction are invalid.
l. “Bid that is not unique” or “Duplicate bids” a bid submitted by a
participant to a specific auction where other participants have submitted
identical bids during the time that auction is open. (for example: a bid
in the amount of $350.62 has been submitted to a particular open auction.
Another identical bid is subsequently submitted in the amount of $350.62
for the same open auction). Duplicate Bids will not be used to select the
successful bid after the auction closing time, but will be used to
calculate the required number of bids to close an auction as defined in
this Agreement.
m. “Successful bid” (Winning Bid) A bid submitted by a participant to a
specific auction whose value is lower than all other bids submitted to
that same auction provided that it is not a Duplicate Bid, and is subject
to clearance of Administration and/or Registration fees (bidding fees) as
stated in this agreement.
n. "Registration Fee" (bidding fee) A fee charged to the credit
card /debit card of each participant at the time of bid placement. This
fee is charged to participants, for each bid placed by them whether their
bid was successful or not. This fee will only be waived on bids placed in
the free auction area of the web site.
o. "Standard Auctions" In these auctions, all participants are
charged a Registration Fee (bidding fee) for each bid submitted. All
products in the Standard Auctions are brand new and include original
manufacturers warranties. The bidding fees are stated in each auction
product box. The bidding fees are stated in each auction product box.
p. "Free Auctions" Auctions where the registration fee (bidding
fee) is waived. No fees are charged in the free auctions.
“Charity Auctions” Charity
auctions are conducted with a predetermined amount of net proceeds being
donated to the charity or non-profit with whom the auction is
dedicated. The bidding fee’s
are not tax deductible and are paid to TheBidShack.com. The amount distributed to each
non-profit will be determined prior to the listing of the auction items
and that amount can be requested via email to TheBidShack.com
4. General
The Company will determine for each auction, amongst others, the following
details:
a. The product and/or service to be offered at each auction;
b. the Minimum Starting Price SM for each product and/or service at each
auction;
c. Administration and/or Registration fees (bidding fees) for submission of a
bid to a specific auction. The company retains the right to change
Administration and/or Registration fees (bidding fees) from time to time,
according to the company's discretion, so long as the registration fee (bidding
fee) for a particular auction does not change while the auction is an open
auction;
d. the Required Bids per auction;
e. the URL for Verification to submit bids;
f. the Required Number of bids to close an auction will remain confidential but
will not exceed the Required Bids for each auction as determined by the Company
for each auction;
g. the Suggested Retail Price (hereinafter “SRP”) of an product and/or service,
has been sent to the company by third parties, and the Company will not be held
responsible in the event that the Company publicizes a SRP for a particular
product and/or service that is not the same as the SRP published in the
industry price guide for that particular product and/or service. Likewise, the
company is not responsible for any changes to the SRP for a particular product
and/or service.
h. In addition, it should be made clear that the Company makes its estimates
based upon information in its possession that is readily available to it.
Accordingly, Company attempts to set the Minimum Starting Price SM for each
product and/or service at approximately twenty percent (20%) of the SRP for
that product, and the Company will not be held responsible if it becomes clear
that it is possible to purchase through means other than the The Bid ShackSM
auction run by the Company, the same product and/or service at a price that is
not higher than twenty percent (20%) of the SRP for that product and/or
service. If the Minimum Starting PriceSM is higher than twenty percent (20%) of
the SRP, participant shall not have the right to cancel the purchase of an
product and/or service if that participant’s bid is chosen as the successful
bid.
5.
The number of auctions for the same product and/or service
a. The company may offer Consecutive Auctions as defined above.
b. Each auction is an individual auction and the successful bid from one
auction may differ from that of the previous or any other auction for the same
product and/or service.
6.
Submitting bids to an auction
a. Once an auction has become an open auction, it will be the right of any
member to submit a bid and/or bids to the open auction unless stated otherwise
in this agreement.
b. Submission of a bid will occur through the internet web site
(http://www.thebidshack.com). The Company retains the right to define
additional methods to submit bids such as through alternate web sites, email,
or telephone, and the like and can also decide to terminate a specific method
and/or methods of submitting bids.
c. The Company is not responsible for the inability to place a bid for any
reason including inability to access the web site, and/or any technical
difficulties of any kind including without limitation, those technical
difficulties that are due to war, problems with the internet, and so on.
d. Notwithstanding the above, the Company reserves the right but is not
obligated to accept a bid if the participant fails to provide accurate
information. The Company will not be held responsible under any circumstances
for the submission and use of credit/debit card details by a person who is not
the owner of that credit/debit card and therefore the Company will not be
liable for the use of those credit/debit card details.
e. The Company will not be responsible for use of details of bids and/or other
information given by participants when submitting bids, including through the
internet web site of the Company in the event that the Company authorizes this
action, by parties that are not the Company and/or its employees, including
hackers and/or parties that penetrate the files of the Company's web site.
f. Participants who submit credit/debit card information represent, warrant and
covenant that (i) the credit/debit card information supplied is true, correct
and complete, (ii) the charges incurred will be honored by the credit/debit
card company, and (iii) such viewer will pay such charges when due, including
any applicable taxes.
g. Every bid will be assigned a number that will be given to the participant
(Hereinafter: “bid ID number”). Receipt of the bid ID number after providing
the relevant details as stated above defines the bid as submitted and the one
that has submitted the bid will be considered a participant,
h. The general specifications of the products and/or services that are
available to be auctioned in full or in part can be obtained via the Company's
web site (www.thebidshack.com) and in advertisements publicized by the Company.
However, members are encouraged to seek information from the manufacturer
and/or service provider for the specifications of the products and/or services.
In the event of a contradiction between the description of the product and/or
service which is stated on the web site and/or the advertisement, and that
which is provided by the manufacturer and/or service provider, the one that is
provided by the manufacturer and/or service provider will be binding. The
general descriptions of products are given to the Company by third parties and
the Company will not be held responsible for nonessential differences between
the descriptions publicized by the Company and the actual product and/or
service that is provided. For this matter the term “nonessential differences” refers
to inconsistencies that do not change the general purpose of the product and/or
service.
i. If the description of a specific product and/or service differs essentially
from the actual product and/or service, the participant who submitted the
successful bid, will have the right to choose between (1) accepting the product
and/or service as is; and (2) cancellation of the successful bid and receiving
in return the funds that were billed from that participant, including
Administration and/or Registration fees (bidding fees) and this will be the
sole claim of the individual against the Company.
j. Information provided by members, as stated in §6(d), to the Company, and
receipt of a bid ID number after providing the said information, will be seen
as the submission of a bid and acceptance of the conditions of the auction as
publicized by the Company and stated in this agreement and the member that
submitted the bid will be considered a participant, pursuant §3(h). The Company
retains the right to cancel a bid pursuant to §12.
k. In any event where the participant or member claims that there is an
inconsistency between the submitted bid and the bid as accepted by the Company,
the details of the bid as accepted by the Company will be binding. In such a
case the participant will not have any cause to claim that their bid should
have been chosen as the successful bid for a specific auction and the Company
will not be held responsible for any such inconsistencies. Notwithstanding the
aforementioned, failure to notify the Company pursuant to § 13, of any
inconsistencies regarding the details of a bid by a participant within 72 hours
of the time the auction closed shall act as acceptance of the outcome of the
auction.
l. In the event that a participant does not remember the bid ID number of the
bid that was submitted, the Company will use its best efforts to track down the
bid ID number. The Company will not, however, bear any responsibility in the
event that it does not succeed in tracking the bid ID number as stated.
7.
Participation in an auction Administration and/or Registration fees (bidding
fees)
a. The participant will submit a separate bid for each product or service. Each
bid will receive a unique identification number.
b. Each participant can submit an unlimited number of bids for each product
and/or service as long as the number of bids does not exceed the required bids
allowed for that product or services as determined by the Company. The
participant will be billed a Administration and/or Registration Fee (bidding
fee) for each bid that is submitted. (for example a participant that submits 10
bids for a specific auction will billed 10 times for Administration and/or
Registration - i.e.: once for each bid) c. Each individual bid will be charged
a fee for Administration and/or Registration (Bidding Fee).
d. Fees for Administration and/or Registration will be charged from each
participant for the right to place a bid in an auction and must be paid even
when the participant's bid is not selected as the successful bid in that
specific auction and even in the event that the bid is disqualified during the
time that the auction is still open, for not being unique.
e. The Company will determine the rate and/or fee for Administration and/or
Registration for each auction for a specific product and/or service. The
Administration and/or Registration fee (bidding fee) for each product and/or
service will be clearly noted on the product and/or service information page
and the product and/or service bid page. The Company reserves the right to set
different Administration and/or Registration fees (bidding fees) for different
products and/or services the Company's sole discretion. Administration and/or
Registration fees (bidding fees) are charged for each bid that is submitted.
f. The Company will collect the Administration and/or Registration fee (bidding
fee) from a participant immediately after the participant places their bid.
(Please see the website FAQ for a full explanation on bidding fee charges).
g. Bids submitted by a participant must BE EQUAL TO, OR BE ABOVE, the Minimum
Starting PriceSM set by the Company, for each specific product and/or service.
Bids not in compliance with the foregoing will not be recorded and the
participant will not be charged a fee for Administration and/or Registration
(bidding fees). In the aforementioned case the price offering will not be
considered as a bid and the person requesting to participate will not be
considered as a participant.
h. Each bid submitted by a participant must be specified in US dollars and
cents.
i. Successful bidders (auction winners) will be notified via email. The Company
has the discretion and right to notify successful bidders via the telephone,
mail or any other means that Company deems necessary. The Company will publicize
the successful bid for each auction, on the website WITHIN FIVE (5) BUSINESS
DAYS from the time the auction is closed or via other methods. The Company will
publicize the price submitted by the participant whose bid was chosen as the
successful bid for a specific auction. Furthermore, the Company may publicize
the name, likeness, and family name of the participant whose bid was chosen as
the successful bid, the price that was submitted in the successful bid and the
product and /or service related to that successful bid. The Company has the
right to add to the breakdown as described, details about the price that was
submitted by the participant whose bid was chosen as the successful bid in the
auction, and/or auctions to which the participant submitted a bid and/or bids
and also any additional details or information.
j. The purchase of the product and/or service by the participant whose bid was
chosen as the successful bid in a particular auction and its delivery, is
dependant on the actual payment of the Administration and/or Registration fees
(bidding fees) for submitting the successful bid as well as the actual payment
of the price of the successful bid as submitted by the participant.
k. In the event that the participant whose bid was selected as the successful
bid does not pay the Administration and/or Registration fees (bidding fees) for
the successful bid and/or in the event that the participant cancelled the
successful bid, and/or if the successful bid is cancelled by the Company in
accordance with this agreement, the highest unique bid from amongst the bids
submitted to the same auction will become the successful bid. The participant
that submitted the lowest bid, that was not unique (“Duplicate Bid”) and is the
next in line to the successful bid, can not demand that the Company announce
the price that they submitted as the successful bid that was chosen in place of
the bid that was chosen as the initial successful bid or to extend the payment
period for Administration and/or Registration fees (bidding fees).
l. Notwithstanding the above, if the participant does not pay the price that
was submitted by them for a specific service and/or product as stated in the
successful bid, the Company will not be obligated to announce the lowest bid
that is unique, as the successful bid in the place of the initial successful
bid. In such a case, the Company shall not be obligated to declare a successful
bid. In this event, the participants in that auction will be given the choice
of a service charge refund, or a credit towards another bid that has the same
service fee of said auction.
8. Supply of products
and/or services to the participant that submitted the successful bid.
a. Supply of the product and/or service to the participant whose bid was chosen
as the successful bid (Hereinafter: “the successful participant”) will only
take place, in all cases, after payment to the Company of the full amount
offered by the successful participant in the successful bid, as well as all
handling, shipping and Registration fees (bidding fees), unless such handling,
shipping and Registration fees (bidding fees) are expressly waived by the
Company in its own discretion.
b. The amount of the successful bid will be paid from the account of the
successful participant at the first regular billing period after the close of
the auction (within 7 days), or by alternative means of payment as agreed upon
between Wavz Technology, Inc., and the auction winner. The Company will have
the right but is not obligated, to postpone the billing period. Each successful
participant will provide to the Company, at the time of notification of the
selection of their bid as the successful bid, the credit card details and/or
any additional details as demanded by the Company, for the purpose of billing
the account in the amount that was submitted by the successful bid. The
submission of the credit card details by the successful participant upon
submission of a bid, is an agreement to bill the account of the successful
participant for the price of the product and/or service according to the price
that was stated in the successful bid and also to determine different payment
verification methods such as the signature of the successful participant on a
credit card payment slip, delivery slip, and/or via other methods as well as to
determine different forms of payment and/or additional methods of payment.
c. Products and/or services to the successful participant will be shipped, or
the successful participant shall be sent an eligibility certificate for receipt
of the product and/or service at the discretion of the Company, to the address
that was provided by the successful participant when submitting his bid. The
delivery of products and/or services to the successful participant via mail,
messenger and/or other delivery methods shall completely fulfill the Company's
obligation to supply the product and/or service the successful participant.
d. Notwithstanding the above, the successful participant may not make any claim
against the Company, nor file any complaint with regards to not receiving the
product and/or service to his address, because of, change of address of
residence and/or providing an incorrect and/or inaccurate address.
e. The Company will supply the product and/or service, or, at the Company’s
discretion, an eligibility certificate for receipt of the product and/or
service within forty-five (45) business days, from the day that the auction
closed (hereinafter: “delivery date”) unless it is otherwise stated by the
Company. Such delivery date is dependant upon receipt of payment in full, of
the price for the product and/or service as submitted by the successful
participant in accordance with this agreement. For this purpose the expression
“business days” means five (5) weekdays per week, not including of holiday
eve's and/or holidays and/or vacation days as defined according to applicable
Federal and State laws. Company will be authorized to extend the delivery date
for any reason which is outside of the Company’s control or responsibility
including, strike, war, terrorist activity, recall of the specific product
and/or service, and also any reason that relates to third parties including
suppliers of different products and/or services as well as reasons relating to
the area in which the successful participant lives in being declared a disaster
area, areas that are not accessible through traditional mail routes, changes in
the Homeland Security Alert level, or other governmental action. (Hereinafter:
“reasons for delay”). In any such case the date of delivery may be postponed
until the resolution of the reasons for delay and the successful participant
shall not have any claim against the Company and/or any related third party
associated herewith. In addition, the supply of a product is dependant on all
conditions stated in this agreement including without limitation payment of the
price submitted by the participant in the successful bid. The auction
participant with the winning bid, must complete the transaction within seven
(7) business days from the time that he/she received notice of having the
winning bid. The transaction will be considered complete when full payment of
the winning bid amount and applicable shipping and handling has been received
by Wavz Technology Inc. If the auction winner fails to submit payment in the
amount of his/her winning bid within the designated time period, he/she will
forfeit the right to purchase the item. In this case, The Company reserves the
right, but is not obligated, to put that item up for auction again.
f. The Company will be authorized, but not obligated to demand that the supply
of the product and/or service, whether the product and/or service is delivered
to the address of the successful participant or the delivery of the product
and/or service is done by way of presenting an eligibility certificate, will be
dependant on presentation of two forms of personal photo identification (such
as a state driver’s license, credit card, ATM card, etc.) on which appear the
details of the successful participant as they appear on the bid submitted by
him. In addition to the presentation of two forms of personal photo
identification, the Company will be authorized, but not obligated, to demand
the presentation of additional details and/or identification documents (for
example: a credit card whose number was given by the successful participant as
part of the details that were given upon submission of his bid) at the
discretion of the Company. If the successful participant fails to present to
the Company and/or the individual that is coordinating the required details,
the Company will not be required to hand over and/or supply to the successful
participant the product and/or service related to the successful bid until full
presentation of all details.
g. Some auctions may have shipping and/or delivery fees that will be paid by
the Company. Details will be
listed in each auction description. In the event that a shipping and/or
delivery fee will be set by the Company, the shipping and/or delivery fee will
be paid by the successful participant directly to the transporter and/or the
Company in accordance with the information provided on the product and/or
service information page. The price offered by the participant when submitting
a bid does not include any shipping and/or delivery fees that may be incurred
by the successful participant. The Company will determine the method of
delivery at its discretion. Payment of delivery and/or shipping fees, in the
event that they will be borne by the successful participant, is a condition
precedent to the transfer of the product and/or service unless the Company
expressly waives such condition.
h. In the case of an unusual delivery,
as determined by the Company, the fees for delivery and/or shipping will be
borne in all circumstances by the successful participant.
i. For this matter “unusual delivery”
will be defined as a delivery requiring special equipment (for example: a
crane, in order to supply the product and/or service as well as delivery to
areas that are declared a disaster area, affected by changes in the Homeland
Security Alert level, or other governmental action) or areas that are not
accessible through traditional mail routes.
9. Supply and/or registration of cars, motorcycles, airplanes, boats or other
vehicles to the successful participant.
a. Notwithstanding anything in this agreement, and/or any other place,
regarding the supply of car(s), motorcycle(s), airplane(s), boat(s) or other
vehicles (hereinafter “Vehicle”) and their registration in the name of the
successful participant, the following will apply:
i. Every successful participant in an auction for the purchase of a Vehicle,
will be obligated as a condition precedent to his purchase of the Vehicle and
registration of it in his name, to arrive according to the instructions of the
Company to the offices of the importer and/or Vehicle dealer (hereinafter:
“Vehicle dealer”) and to sign on all of the required documents for the purpose
of ordering the Vehicle and registering the Vehicle in his name in accordance
with the instructions of the Company and/or Vehicle dealer.
ii. The Vehicle provided to the successful participant will be of a color from
among the colors available from the Vehicle dealer's inventory at the time of
signing the purchase order or at the time of delivery of the Vehicle at the
discretion of the Company and/or Vehicle dealer.
iii. The Company will bear the cost of the Indiana sales tax in accordance with
the rates, as they will be determined from time to time, unless otherwise
stated by the Company. If additional fees, taxes and/or payments (Hereinafter:
“additional fees”) including without limitation, intangibles tax, are incurred
for the purchase of the Vehicle, it will be the liability of the successful
participant to pay them unless it is otherwise stated by the Company. In
addition, in the event that the successful participant chooses to make changes
or additions to the Vehicle (Hereinafter: “the additions”) the Company will not
be under any obligation and/or responsibility for these changes and/or
additions, and the issue will be transferred to the car dealer. In such an
event, the successful participant will pay the fees for any changes and/or
additions directly to the car dealer.
iv. The successful participant will be present at the location for the delivery
of the car according to the instructions of the car dealer at the time that
they are informed by the Company and/or the car dealer that the car is ready
for delivery (hereinafter: “car delivery date”) and the successful participant
will then be requested to present all the relevant documents and/or approvals
required for the transfer of the car and/or registration, including proof of
insurance and any additional certifications as required by the car dealer and
applicable laws.
v. The successful participant is not entitled under any circumstances to return
the car after it has been handed over to the winning recipient notwithstanding
anything in this agreement.
vi. Registration of the car in the name of the successful participant will be
dependant upon applicable laws and the Company will not bear any responsibility
with regard to this.
10. Guarantee of Products
and/or Services
a. The Company is not the distributor or manufacturer of the products and/or
services. The products and/or services provided in The Bid ShackSM auction will
be distributed to the successful participants by the distributors and/or
manufacturers and/or importers and/or providers of the products and/or services
according to this agreement. The products advertised in this auction will be
guaranteed according to the guarantees provided (if provided) by the
distributors and/or manufactures of the products and/or provider of services.
b. The Company makes no representations or warranties as to any of the products
and/or services provided in the Bid ShackSM auction and no claims may be
maintained against the Company based upon the products and/or services provided
in the Bid ShackSM auction. In the event of a contradiction and/or
incompatibility between the terms and conditions of the guarantee of a particular
product made by the distributors and/or manufacturers of the product and the
conditions of guarantee as advertised by the Company, the conditions of
guarantee as provided by the distributors and/or manufacturer of the product
will be binding. In the event of a contradiction and/or incompatibility between
the terms and conditions of the guarantee of a particular service made by the
provider of that service and the conditions of guarantee as advertised by the
Company, the conditions of guarantee as provided by the provider of the service
will be binding. C. No warranty or guarantee of any type is provided by the
company, nor the manufacturer, supplier, dealer, or distributor of any items
appearing in the "Used & Refurbished" auctions area.
11. Cancellation of Products/Services Purchased
a. A participant whose bid was determined to be the successful bid will not be
entitled to cancel the purchase of the product and/or service (in this
paragraph hereinafter: “the transaction”) except where a notification of the
participant’s intention to cancel their bid was received (via first class
return receipt mail) by the Company, prior to the closing of the auction.
b. A bid chosen as a successful bid in an auction for purchasing real estate
property and/or a land transaction shall be governed by a separate land sales
agreement. The product/service information page contains the land sales
agreement for each real estate property auctioned.
c. All cancellations of transactions will be subject to instruction and/or
restrictions of third parties as required by law. In all cases of cancellation
of a transaction for the purchase of products and/or services, handling fees
and/or Registration fees (bidding fees) will not be refunded. d. The contents
of this paragraph are disclosures and are not intended to add any privileges,
or rights.
e. If a successful participant cancels a transaction as mentioned above, the
Company is not obligated, but may, at its own discretion, declare the next
lowest bid that is unique as the successful bid.
f. It is strictly against the rules to cancel a bid once the auction has
closed. Solely at it's discretion, and under special circumstances, the company
may take into consideration requests for a bid cancellation while that auction
is still open.
g. Under no circumstances will bidding fees be refunded. Special requests for bid cancellations
as per the above, MUST be submitted between Monday & Thursday.
12. The period of the auction and cancellation of the auction by the Company
a. The auction will be an open auction for a period of 90 days from the time of
the auction opening (hereinafter: period of auction) unless the number of bids
submitted is enough to close the auction before the auction end date has
arrived. Motor Vehicles, boats or motorcycles will be open auction for a period
of 180 days from the time of the auction opening (hereinafter: period of
auction) unless the number of bids submitted is enough to close the auction
before the auction has finished.
b. After the auction period, the Company is entitled to cancel the auction in
the event that insufficient bids were received to close the auction, or to
lengthen the auction period for continuous periods of additional 30 days at the
discretion of the Company.
c. Without prejudice to this agreement, the Company is entitled to cancel or
delay an auction, in the event that extraordinary forces prevents the auction
from being conducted properly, in the event of a fault in the communication
system supporting the auction, in the event of an irregular state of security
such as a war or terrorist activity, and/or any event that is not within the
control of the Company, which may cause delay or prevent the proper process of
the auction.
d. In addition to and without prejudice to the above, the Company has the right
to cancel an auction and/or a bid belonging to a particular participant in the
auction, if the Company suspects that the bid was not submitted in good faith
and/or with intention to deceive and/or in any case where the Company suspects
ill use and/or illegal use of a credit card. In no event shall the Company be
responsible for any purchases made with illegal use of a credit card. The
Company is also not obliged to receive or accept any bids from any person
and/or third party who wishes to place a bid for the auction. That above shall
not prejudice any right and/or claim the Company may have towards a third
party.
e. Cancellation of a bid in the circumstances described above will be done in
coordination with the supervisor and/or Auditors. A bid that is cancelled due
to reasons described in the paragraph above will be included in the count of
the number of bids in order to determine the number of bids needed to close the
auction. If a bid is cancelled due to the reasons described in the above paragraph,
and therefore causes another bid to become unique, the cancelled bid will be
counted in the amount of “Required Bids” (but in no event is the Company
required to select the cancelled bid as the successful bid) within the
framework of this auction.
f. As long as the auction has not closed, the participant will not be charged
for Administration and/or Registration fees (bidding fees may be refunded) and
if the auction is cancelled for one and/or more of the reasons in section 12
(b) through 12 (d), the participants will not be charged Administration and/or
Registration fees (bidding fees), and the participants will not be entitled to
make any claim against the Company. In the event that handling and/or
registrations fees were in fact charged in spite of the auction being cancelled
as described in paragraphs 12 (b)- 12 (d), the Company will refund the fees to
the participants within 45 days of the day the auction was cancelled and this
will be the participants only claim against the Company.
13. Notice: The Company's address
a. All notices to the Company must be sent in writing and by registered mail
return receipt requested only to Wavz Technology, Inc.; dba The Bid Shack.comSM
, 5011 Atlanta St. Anderson, IN 46013. This in no way obligates the Company to
discuss any claims or respond to any claims. If no claim regarding a particular
auction is received by the Company in writing within 72 hours of the time the
auction closes, acceptance of the results is assumed.
14. Confidentiality and Supervision
a. Details of bids submitted by participants are registered in the computer and
kept in confidentiality until the closing of the auction. The Auditors will be
entitled to observe the different bids while the auction is open.
b. The auctions are under the supervision of the supervisor (monitor).
Supervision for this purpose means transfer of the files of auctions that have
closed to a check by the auditor. The check takes place for each auction after
that auction has closed, and its aim is to ensure that the successful
participant submitted the successful (winning) bid.
c. Employees of the Company, their family members, the Company’s subsidiaries,
and affiliates may not participate in auctions.
d. One may receive a copy of the User Agreement on the Internet site www.thebidshack.com .
15. Disclaimers:
a. IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL Wavz Technology, Inc, dba The Bid
Shack. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR INVESTMENT PROFITS, LOSS OF
BUSINESS OR PERSONAL ASSETS, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION,
OR ANY AND ALL OTHER LOSS WHICH RESULTS FROM YOUR USE OF THIS WEBSITE, OR ANY
INFORMATION OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED, OR
CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION
OR INTERNET LINKS ACCESSED, OBTAINED, DOWNLOADED, COPIED, OR CALCULATED AND
WHETHER ATTRIBUTABLE TO ERRORS, OMISSIONS, DAMAGES, INFECTED, NEGLIGENT OR
INTENTIONAL INACCURACIES OF ANY INFORMATION OR INTERNET LINKS, WHETHER OR NOT
THE PARTIES MAINTAINING THIS WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT, TORT,
CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEBSITE SHALL NOT BE LIABLE
OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR OR ANYONE ELSE'S
COMPUTER SYSTEM, PROGRAMS, OR DATA. b. Wavz Techonolgy, Inc. dba The Bid Shack
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED ON THIS WEBSITE
AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEBSITE, INCLUDING WARRANTIES
WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER RIGHTS OF THIRD
PARTIES.
16. General
a. The Company may revise, and/or change the terms and conditions of this
Agreement at any time without notice. Any new instructions of the Agreement
will be considered valid after they have been published on the Company's
Internet site unless otherwise stated by the Company. You will be bound by any
such revisions and should therefore periodically visit this page to review the
then current terms and conditions.
b. If there are any taxes and/or payments according to law applying to the
purchase of an product and/or service, they will be paid by the participant.
c. The Company may, at any time, stop: arranging the auctions completely,
and/or auctioning a particular product and/or service.
d. The headings of this Agreement are for convenience only and should not be
used for the purposes of interpretation of the agreement.
e. This Agreement shall be governed by and in accordance with the laws of the
State of Indiana. In the event that a dispute arises as to enforcement, interpretation
or implementation of this Agreement, the parties herein consent to personal
jurisdiction in the State of Indiana and venue in both the United States
District Court in and for the Madison County Indiana Judicial Circuit Court.
f. Indiana resident auction winners will be charged 6% sales tax.
g. No provision of this Agreement may be waived except by a written waiver
signed by both parties.
h. In the event that one or more of the provisions or portions of the
provisions of the herein Agreement is declared, invalid, void, illegal or
unenforceable, in any respect, the validity, legality and enforceability of the
remaining provisions or portions of the provisions contained herein shall
remain effective and binding, and shall not be affected or impaired thereby.
i. This Agreement shall be binding upon all parties hereto, as well as their
agents, servants, successors, assignees, licensees and transferees.
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