Terms and Conditions for Federation Angler Online Auctions|
Federation Angler and the Bidder agree that the terms listed below shall govern each online auction sale.
REGISTRATION: All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. The Bass Federation, at its sole discretion, may deny registration to any person or entity.
BID IS A CONTRACT: As a Bidder, placing a bid and or placing a “buy” is a binding contract between you and Federation Angler or the Owner/Seller and the bid or “Buy” cannot be retracted. Once you place a bid or “Buy” and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid or “Buy” on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. Federation Angler and the Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
AGREEMENT TO TERMS: Access and use of any online auction site of Federation Angler (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. Federation Angler reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
SUSPENSION / PERMANENT BAN: A Bidder will be suspended or permanently banned from the site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's registration name and number.
PAYMENT: Buyer will receive an invoice via electronic mail after the close of the auction. Payment for purchases must be made by cash, cashier's check, money order, Paypal, Visa, MasterCard, or Discover, unless otherwise noted in a specific auction's terms and conditions. Any item or lot not paid for in full by the stated deadline will forfeited and the bidder will be banned.
SALES TAX: All sales are subject to appropriate state Sales Tax laws. If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase.
SHIPPING: In many cases shipping will be included in the sale price by Federation Angler or it will be listed as additional charge in the details of that particular sale. If a factory dealer rep is required as a part of the sale the product or merchandise can ONLY be shipped to an authorized dealer of that product for pick up or installation by the buyer. ALL factory or dealer terms and conditions will apply. Merchandise becomes the full responsibility of Buyer at the close of auction. Any funds paid will be forfeited for failure to abide by the terms of sale.
WITHDRAWAL OF ITEMS: From time to time, it may become necessary to withdraw items from a sale after they are listed. Federation Angler and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
ITEM DESCRIPTIONS: The descriptions of items appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Federation Angler or its advertising partners concerning any items shall be construed as a warranty either express or implied. ITEMS ARE SOLD AS IS – AS LISTED, without any additional parts or accessories. Bidder acknowledges that all items were listed in detail and available for the public to review prior to the auction and, by these terms, Federation Angler and Owner/Seller strongly encouraged Bidder to carefully inspect each item detail to determine the nature, quality, quantity and size, attachments, add-ons or accessories and shipping methods that might be included. Bidder acknowledges that ONLY the specific items listed in the details of that specific auction are included. The implied warranties or merchantability and fitness for a particular purpose, and all other warranties, either expresses or implied, are specifically excluded from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales, with the exception of any manufacturer’s warranties on new product that are in force and listed in the details of that particular sale. Use of this site is at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory after the item has sold and\or been shipped. Federation Angler reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
DISPUTE BETWEEN BIDDERS: The final high bidder shall be designated at the end of each item or lot sale. If a dispute arises between two or more Bidders, Federation Angler reserves the right to reopen bidding. Federation Angler designation of the Buyer shall be final.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Federation Angler and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Federation Angler until terminated by Federation Angler. Federation Angler may terminate this agreement at any time, without notice, in Federation Angler’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Federation Angler reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE: Federation Angler cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Federation Angler, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Federation Angler is final.
PRIVACY: Federation Angler gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Federation Angler does not sell or rent this information. Federation Angler uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to Federation Angler to have your name promptly removed from our list.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Federation Angler. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
USER AGREEMENT CONSTRUED UNDER OKLAHOMA LAW: The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Oklahoma applicable to contracts entered into and to be performed entirely within the State of Oklahoma. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof