Restaurant Equipment Online Auctions

By agreeing to participate in our auction, you are also agreeing to be the only judge of an object's value. Also, you're acknowledging that you may not be able to come and inspect an item.

Errors and omissions are to be excepted by auction participants, and we do not hold ourselves responsible for any mistakes in the description of any factor of our lots. We do not give warranties on auction items. No sales will be set aside or void on account of incorrectness in cataloging.

If you win an item, you are legally the owner of the item. If you win an item in an auction, it's now yours to the extent that you do not violate our pick-up policies. This means that you have a legal obligation to pay for this item and collect it from the premises. We take no responsibility for any ambiguities or incorrectness in regards to an auction item post-auction. We will not be going out of our way to gather residual information upon an auction's end.

If you have the winning bid on an item, it is your responsibility to come and get your item. Any failure to do so within our allotted pick-up time may result in legal action or you being banned from participating in our further auctions. 

In other words, when you bid on an item within the last five minutes of our auction, the item’s availability will be extended for a set amount of time.

This is typically anywhere from 3 – 5 minutes, but we reserve the right to modify our soft close time restraints. Additionally, items without bids by 3:00 PM will begin to become unavailable in a staggered fashion.

You have to pick up your item on the same day you pay for them. When you agree to participate in our online auction, you’re acknowledging your responsibility to keep track of your bids. We do not hold ourselves responsible for any misplacement or failure to receive email invoices or failure to recognize lot winnings.

Furthermore, when you participate in our auction, you’re agreeing to the fact that you’ll be able to come and pick up your items within the allotted pick-up time or arrange shipping within the allotted pick-up time — no exceptions. You must pick up your items on the same day you pay for your items. You cannot pay for them and leave them at our warehouse. If you fail to do so, you will incur a $5.00 fee per day for every day your item is left in our warehouse.

Repeated failure to pick-up your items will affect your eligibility to participate in future auctions.

As a winning bidder, you need to make sure you have the appropriate form of transportation for your items. For example, if you're coming to pick up a 2000 lb oven, don't bring a mini-van.

Please keep in mind that restaurant equipment can be several hundred pounds. We reserve the right to decline your pick-up if they do not deem your method of transportation safe. The auction pick-up deadline will not be extended because you did not bring an appropriate vehicle.

Please carefully read the following terms and conditions before you participate in iFoodEquipment's online auction. By signing up for our auction, you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these Terms, then you may not participate in our auction. In these Terms, "we", "us", "our", "iFoodEquipment", or "the auctioneer" refer to the corporation iFoodEquipment.com Inc., and "you", "your", and "bidder" refer to you as the participant in the auction.

iFoodEquipment may modify these Terms, for any reason at any time, by posting a new version on our website or in the application used to host our auction. Your continued participation in our auctions will be subject to whatever Terms are present during each individual auction.

Please continue to review these Terms occasionally for any changes that may arise prior to your participation in an auction. If you object to any of these Terms or subsequent modifications, or become dissatisfied with our auction in any way, your only recourse is to immediately cease participation in our auction(s).

1. Eligibility

1.1 All auction participants must be 18 years or older. If you are a minor and wish to participate in this auction, you must do so under the supervision of a parent or guardian.

1.2 If you fail to abide by iFoodEquipment's terms and conditions then we reserve the right to suspend you from participating in our auctions.

2. Listing Conditions

2.1 All items are sold AS IS, WHERE IS, UN-TESTED UNLESS EXPLICITLY STATED OTHERWISE, AND WITH ALL FAULTS IF ANY. No warranties are given or implied.

2.2 All descriptions of these items are believed to be accurate but not guaranteed as such. iFoodEquipment will not be held responsible for errors or omissions in the descriptions. You are encouraged to preview all photos and descriptions (if any) prior to your participation in the auction. By agreeing to participate in our online auction, you're agreeing to be the sole judge of its value.

2.3 Although we make every effort not to, iFoodEquipment will not be held responsible for items that have to be removed from the online auction during extreme circumstances.

2.4 For internet-only auctions, we reserve the right to cancel and/or reopen the auction at any point according the auctioneer's discretion. If there is a loss of data, the auctioneer may put the item up for re-sale at their own discretion.

2.5 In the event of someone bringing an item to iFoodEquipment for consignment, said item must be brought in a minimum of two weeks prior to the auction's start.

3. Bidder Participation & Responsibilities

3.1 Every bidder is responsible for his or her own bids using their own individual password.

3.2 Any personal information given is held in the strictest of confidence by iFoodEquipment and we do not share it with anyone.

3.3 Merchandise becomes the responsibility of the winning bidder when it is paid for in full. The buyer will not hold iFoodEquipment responsible for any damages to the item before its pick-up.

4. Bidding Process

4.1 By placing a bid on an item, the bidder signifies that they have either examined the items to their satisfaction or chosen not to personally examine them.

4.2 There will be no retractions of bids under any circumstances.

4.3 If there is an issue with a bid, it is under the sole discretion of the auctioneer to remedy the situation and, if applicable, put the item back for re-sale.

4.4 We reserve the right to reject any bid at our sole discretion.

4.5 Any and all of the auctioneer's decisions will be taken as final.

4.6 When an item in the auction carries what is known as a "reserve" or "minimum" bid, and said "reserve" or "minimum" bid is not met, it will be taken as an "if bid". If the reserve is still not met, the owner of the consigned item will be contacted. If the owner agrees, it will be deemed a sale. The bidder will be legally bound to honour their bid - no exceptions.

5. Payment

5.1 Accepted forms of payment are Visa, Mastercard, American Express, Debit, Cash, and e-Transfers.

5.2 There will be a 12% Buyer's Premium for all forms of payment. This 12% Buyer's Premium is the sole property of iFoodEquipment.

5.3 All items must be paid in full before removal and are subject to a 15% tax - no exceptions.

6. Item Pick-Up

6.1 It is the winning bidder's responsibility to make all arrangements for pick-up and packaging on "pick-up day" (i.e. they must take care of their own packaging materials and transportation). In order to pick up any of your items, you must pay for all your items.

6.2 Our shipping team reserves the right to decline any pick-up they deem unsafe for any means.

6.2.5 Any previewing of the items, or picking up their winning bids, must be done at 170 or 95 Millennium Blvd., Moncton, New Brunswick, Canada.

6.3 The auctioneer has the right to re-sell items that have not been picked up, either by private or auction sale, at anytime according to the auctioneer's discretion.

6.4 If, on the day of the scheduled pick-up, there is a local storm warning, the pick-up will be scheduled for the next day or a day that is not storming.

6.5 If the winning bidder is having someone else pick up their item, iFoodEquipment must be notified prior to said person's arrival.

6.6 Although every effort is taken for the paperwork to be done correctly, it is the sole responsibility of the buyer to check over any paperwork for errors while on site.

6.7 On pick-up day, the buyer must bring the invoice for payment.

6.8 All winning bids must be picked up Tuesday through Friday following the auction's end. If Friday is a holiday, then the pick-up deadline will be on Monday.

7. Limitation of Liability

7.1 Many items within this auction require adult supervision. Furthermore, safety precautions should be taken at the winning bidder's discretion. iFoodEquipment will not be held responsible or liable for the winning bidder's misuse of any items or for any injuries or deaths that occur as a result.

7.2 All items must be washed and sanitized before use. iFoodEquipment will not be held responsible for your potential failure to do so or for the sickness, injuries, or death that occur as a result.

8. Legal

8.1 In the event that there is legal action taken with an iFoodEquipment auction, the buyer, and/or the seller, all legal proceedings shall be held within the judicial court system of Moncton, NB.

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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.