RULES AND REGULATIONS FOR THE AUCTION SITE
1. By participating in The QC Auction Mania, you acknowledge that you have read, understand and accept these rules. The Moline Dispatch Publishing Company reserves the right to update and change these rules from time to time.
2. The Moline Dispatch Publishing Company provides the QC Auction Mania as a venue for sellers to advertise and promote items for you to bid on. The Moline Dispatch Publishing Company is not involved in any transaction entered into through the QC Auction Mania except to the extent that The Moline Dispatch Publishing Company will collect the total purchase price for items other than real estate or automobiles, as outlined herein. The Moline Dispatch Publishing Company is not involved in the buying, selling, exchanging or dealing of items in the QC Auction Mania, nor is the Moline Dispatch Publishing Company soliciting orders on behalf of the sellers. The Moline Dispatch Publishing Company charges no fee to sellers for listing items in the QC Auction Mania, or to buyers who purchase items from sellers who participate in the QC Auction Mania.
3. The Moline Dispatch Publishing Company makes no representations or warranties and there are no conditions of any kind, express or implied, statutory or otherwise, with respect to the goods and services offered through the QC Auction Mania, including without limitation:
a. implied warranties of merchantability, fitness for a particular purpose, title and non-infringement
b. any implied warranty arising from course of dealing or usage of trade;
c. any obligation, liability, right, claims or remedy in tort, whether or not arising from the negligence of Auction Media or The Moline Dispatch Publishing Company.
d. Photos are for illustration purposes only.
e. Auction certificates have NO cash value.
f. Auction certificates must be redeemed by 3/29/14, unless otherwise indicated on certificate.
4. All items in the QC Auction Mania are new, unless otherwise indicated, and come with applicable warranties, as determined by the seller. The Moline Dispatch Publishing Company is not the seller of the items and assumes no responsibility for the items in any respect. The respective sellers of each item are solely responsible for descriptions in the QC Auction Mania and the condition, estimates, authenticity, title, representations as to price, and all other matters relating to the offer and sale of the items.
5. All items in the QC Auction Mania may be viewed at the respective seller’s place of business as indicated in the auction catalog. Bidders are urged to view items on which they intend to bid prior to bidding.
6. Participation is open to anyone 18 years of age or older, with the exception of employees of sellers who have submitted items to the Moline Dispatch Publishing Company and their immediate families. Such employees of the participating businesses may bid, but not on items that are provided by their respective companies.
7. Neither the Moline Dispatch Publishing Company nor any of its employees, agents or the manufacturer is responsible for any claims relating to the use of any goods, the provision of any of the services, or as a result of your participation in The Moline Dispatch Publishing Company QC Auction Mania.
8. You are prohibited from using any method, mechanism, device or software to affect the proper functioning of the QC Auction Mania and its Web site. The Moline Dispatch Publishing Company may, at its sole discretion and without notice, terminate the right of any participant in the QC Auction Mania or user of the Web site to participate in the QC Auction Mania or use the Web site.
9. All content on this Web site is the property of The Moline Dispatch Publishing Company or the sellers. The Moline Dispatch Publishing Company grants a limited license to each user of the Web site to make personal use only of the Web site itself. Any other use, including reproduction, modification, distribution, transmission, or display of the content on the Web site is strictly prohibited.
10. The Moline Dispatch Publishing Company QC Auction Mania is governed by and construed in accordance with the laws of the State of Illinois. You agree to comply with all applicable laws, statutes and regulations regarding participation in the QC Auction Mania and use of the Web site.
11. The QC Auction Mania commences on Sunday, March 17th at 9:00 a.m. and ends on Monday, March 25th at 9:00 p.m.; starting and ending time is determined by the Web site clock. Bids will be accepted during this time period only. The Moline Dispatch Publishing Company reserves the right, at its sole discretion and without notice, to extend, terminate or modify the QC Auction Mania in the event of unforeseen technical difficulties that alter the proper functioning of QC Auction Mania.
12. Bids may be placed online 24 hours a day at the QC Auction Mania Web site from Sunday, March 17th at 9:00 a.m. through Monday, March 25th at 9:00 p.m. Bids may be dropped off in person at The Dispatch/Argus, 1720 Fifth Avenue, Moline, Illinois M-F between 9:00 a.m. and 4:00 p.m. Bids also may be placed by phone between 5:00 p.m. and 9:00 p.m. CST at 1-800-310-9315.
13. The Bidder Trust Committee will set a Starting Bid for each item. The Starting Bid is the minimum amount required to participate in the bidding for that item.
14. Each item has a Reserve Value. The Reserve Values are usually 50% of the ordinary selling price of the item, except in the case of items such as automobiles and real estate, where the reserve is usually not revealed until met.
15. Each item has a Reserve Status, which indicates one of two values:
a. RESERVE NOT MET. The amount of the highest Maximum Secret Bid is less than the Reserve Value and the item will not sell.
b. RESERVE MET. The amount of the highest Maximum Secret Bid is at least as much as the Reserve Value and the item will be sold to the highest bidder.
16. The QC Auction Mania operates under a proxy bidding system. Under proxy bidding, you tell the Bidder Trust Committee the maximum amount you are willing to bid for an item. This is your Maximum Secret Bid and is known only by you and the Bidder Trust Committee. You should be sure of your Maximum Secret Bid prior to submission. The Maximum Secret Bid that you submit might not necessarily be the price you pay if you are the successful bidder — you might pay less, but never more. However, choose your maximum carefully, as you will be legally bound to pay up to that price (plus any applicable taxes) if it is the final highest bid.
17. If previous bids have been placed on all available quantities of the item, then your Maximum Secret Bid must exceed the current leading bid on that item by at least the minimum increment for that item.
18. Based on your Maximum Secret Bid, the Bidder Trust Committee will place bids on your behalf at the lowest amount possible to make you the high bidder for the item. For example, if yours is the first bid on an item, the Bidder Trust Committee will place a bid on your behalf equal to the Starting Bid for that item, or if your Maximum Secret Bid is greater than the Reserve Price of the item, the Bidder Trust Committee will place a bid equal to the Reserve Price (and declare Reserve Met).
19. If another bidder places a Maximum Secret bid on an item for which you have placed a bid, and your Maximum Secret Bid on the item is higher than the other bidder’s Maximum Secret Bid, the Bidder Trust Committee will automatically place a bid on your behalf. The Bidder Trust Committee will continue bidding in this fashion until one of the following three things happens:
a. No other bids are higher than yours,
b. Your Maximum Secret Bid is reached, or
c. You are declared the highest bidder at the end of The QC Auction Mania.
20. It is your responsibility to monitor the outcome and status of your bids on the QC Auction Mania website and, in the event that you are outbid by another bidder with a higher Maximum Secret Bid, determine whether to continue bidding on an item. If you are outbid by another bidder with a higher Maximum Secret Bid, you must submit a new Maximum Secret Bid in order to continue your bidding on that item. If you submit a new Maximum Secret Bid, that bid supersedes all your previous bids on that item. The amount of the new bid must be at least one bid increment more than the current leading bid on the item. Under no circumstances will retraction of a bid be allowed. Neither will any reduction of Maximum Secret Bid for any submitted bid be allowed. If in a case you submit a Maximum Secret Bid against yourself, both bids will be considered valid irrespective of the fact that you submitted both bids.
21. If your Maximum Secret Bid is exactly the same as another bidder’s previously-placed Maximum Secret Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.
22. In the event of a dispute between bidders or between bidders and the Bidder Trust Committee, or in the event of doubt or dispute as to the validity of any bid, the Bidder Trust Committee will have the discretion to determine the successful bidder. All decisions by the Bidder Trust Committee are final and binding and not subject to review or appeal.
23. The Moline Dispatch Publishing Company is not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which might limit a bidder’s ability to participate in the QC Auction Mania. Proof of sending will not be proof of receipt by The Moline Dispatch Publishing Company. The Moline Dispatch Publishing Company is not responsible for any online, long-distance telephone, or other charges you might incur in connection with participating in QC Auction Mania.
24. During and after the QC Auction Mania, you might receive e-mails confirming bids you place, notifying you that you have been outbid by another bidder, or notifying you that you are a winner. These e-mails are for informational purposes only. Their transmission or omission does not constitute any change in the status of your bid or those of other bidders. Only the record of bids in the QC Auction Mania system, as represented on the QC Auction Mania Web site, constitutes the true bid record, as used by the Bidder Trust Committee to determine the winning bidder at the close of the QC Auction Mania.
25. At the close of the QC Auction Mania, the Bidder Trust Committee will determine the winning bidder (the buyer) for each item and will contact that bidder by e-mail and/or phone to notify him/her of his/her winning status and request payment. As the buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within the below timeline set by the Bidder Trust Committee. If a buyer cannot be contacted, or if payment is not received in full within the timeline set, the Bidder Trust Committee reserves the right but is not obligated to disqualify that buyer and offer the next highest bidder the opportunity to purchase the item. If such offer is accepted you will be obligated to make full payment of the total purchase price within two days of acceptance. The Bidder Trust Committee reserves the right to continue the process of disqualification and notification of subsequent bidders, or to remove the item from sale.
26. The total purchase price of an item for each winning buyer is defined as the leading bid for the item at the close of QC Auction Mania. In the event that a buyer is disqualified and the item offered to the next highest bidder, the total purchase price shall be the next highest bidder’s Maximum Secret Bid, plus any applicable transaction taxes required by law to be collected and remitted.
27. The buyer shall pay the total purchase price to The Moline Dispatch Publishing Company at 1720 5th Avenue, Moline, IL, beginning WEDNESDAY, March 27, 2013 at 9:00am through Friday, April 12, 2013 at 5:00pm, (except in the case of Automobiles, Real Estate and other high priced items, which may require a non refundable deposit of 1% to 5% of the winning bid price in order to guarantee your commitment while further financing is being arranged.) Payment may be made by: Cash, Check, Money Order, Visa, MasterCard, Discover and American Express. Credit card payments may be made by phone by calling 309-757-4976 Wednesday, March 27, 2013 through Friday, April 12, 2013 between the hours of 9am-4pm.
28. It is the seller’s and the buyer’s responsibility to obtain any applicable or necessary licenses, registrations, or any other form of approval for the items sold and to pay any fees associated therewith.
29. Once full payment of the total purchase price has been made on the item, the buyer will receive an Item Certificate to be presented to the seller to release the item to the buyer. All item delivery or pick-up arrangements must be made with the respective seller. Delivery may incur additional charges above and beyond the total purchase price, to be negotiated separately between the buyer and seller. All sales are final.
30. If the buyer fails to comply with these rules — including the obligation to make full payment of the total purchase price within the time limits and terms set out herein, in addition to other remedies available to The Moline Dispatch Publishing Company and the seller — The Moline Dispatch Publishing Company or the seller may cancel the sale and re-offer the item or sell it privately. Buyers will remain liable for any damages or losses caused by their default.
Those bidders who have failed to fulfill their commitment to pay for an item once the auction has ended, can and will be restricted from bidding on and purchasing items from future auctions at the discretion of the Bidder Trust Committee.
31. The Moline Dispatch Publishing Company will collect all applicable taxes to ensure that taxes applying to the items or transaction are collected, reported and remitted to the appropriate tax authority. If you are the buyer on a vacation, you are responsible for all expenses not specifically included such as airport taxes, ground transportation etc. and must have all documentation necessary for travel. Please note that in some states or municipalities, homes or vehicles carry special tax legislation that requires that tax be paid on Fair Market Value.
32. As stated in these rules, all sales are final. However, in the event that an item you won and paid for was not fairly represented on the QC Auction Mania Web site, a refund may be considered. To be considered for a refund, the buyer must not redeem their certificate for the item, and must submit a request within forty-eight (48) hours of completing payment and receiving their certificate. Please see the Contact Us page for contact information to which buyers must submit their request. We will notify the buyer via e-mail of the status of the refund application once we have received, reviewed and processed the request. If the refund application is successful, the buyer can expect a refund in the same form of payment as originally used to make payment, within 7 to 14 business days of our receiving and approving the request. Please note that refunds are not guaranteed, they will only be granted in cases of unfair representation of an item as determined by the Bidder Trust Committee.