Fri, May 22, 2020 12:00AM
Thu, Jun 4, 2020 6:00PM
Restaurant Equipment. Online Bidding Only. Booths, Chairs, Tables, Ovens, Fridge, Ice-maker, and more! Arcade Machine too!
From Lexington Area: Take I-64 to Winchester, take Winchester Exit 96 and take a right at the light onto Paris Rd. Use the left 2 lanes to turn left onto Veterans Memorial Pkwy. Then, Turn left onto KY-15 S. In 2.4 miles, turn left onto Miller Hunt Rd/Miller Fox Hunt Rd. Continue to follow Miller Hunt Rd. about 1.8 miles. Destination will be on the right.
Location1975 Miller Hunt Rd.
Winchester, Kentucky 40391
Contact InformationPhone: 859) 595-6808
Auction Terms & Conditions
PICK UP WILL BE INDIVIDUALLY SCHEDULED. BRING YOUR OWN HELP TO LOAD. BRING YOUR OWN DOLLIES.
The following are the terms that buyers and bidders agree to before bidding in the online auction. Seller(s) agree these will be the terms of online auction for the buyers/bidders.
BID On-Line at http://www.goochsells.com BUYER’S PREMIUM: There will be a 15% Buyer’s Premium added to the winning bid. The sum of the winning bid plus the buyer’s premium will be the sales price.
PICK UP: Purchased items will be available for pickup. There will be no delivery or shipment of items by Gooch Auction Group LLC. It will be the purchaser’s responsibility to procure purchased item(s). There will be NO ITEM PICKUP on the date the auction ends. Gooch Auction Group, LLC Online Auctions are timed events and all bidding will close at specified time.
Gooch Auction Group, LLC Online Auctions also has an auto extend feature. If a bid is placed in the final 5 minutes of an auction, the close of the auction will be automatically extended 5 minutes from the time the bid was placed. Example: if an auction scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend 6:05.The auto-extend feature remains active until no further bids are received within a 5 minute time frame. REFRESH YOUR SCREEN CONSTANTLY DURING THE CLOSING MINUTES OF THE BIDDING OR SIMPLY CLICK THE LIVE CATALOG TO BID IN REAL TIME! OR SIMPLY GO INTO THE LIVE CATALOG. All property is sold in “AS IS” and “WHERE IS” condition.
ALL SALES ARE FINAL! Bidder understands and agrees no refunds, exchanges, adjustments, chargebacks, etc, will be allowed. Property is available for inspection at specified times and is the bidder’s responsibility to determine condition. Bidder’s failure to inspect any item or lot will not constitute grounds for any claim, refund, adjustment, chargeback, etc. All description information has been gathered from sources that we believe to be reliable but are not guaranteed. Auctioneer makes no warranty or guarantee of any kind with respect to condition, authenticity, provenance, source, condition, suitability for a particular purpose, etc. Auctioneer reserves the right to change, modify, delete any item or lot or description in the auction as may be necessary.
REGISTRATION DEPOSIT: Gooch Auction Group LLC requires a $100 registration deposit by Credit Card prior to bidding in order to participate in any auction. The $100 is NOT CHARGED, it is merely held by your Credit Card Company for the length of up 3 to 7 days. The $100 is Authorized Only, if you make purchases on an auction you will not be charged, this is a complete separate transaction and you will have no charges against your account. This however may show up as a pending transaction on your account. This is an Industry Standard Practice among Internet Auctions.
PAYMENT: Accepted methods of payment are cash, cashier’s check, personal/business check, Checks must be delivered to the auction site, Personal and business checks will be verified for sufficient funds before items are removed from the auction site. All items and merchandise must be picked up no later than the specified time.
Gooch Auction Group, LLC DOES NOT provide shipping, shipping preparation or transportation services. Removal of items, moving, packaging, loading, transporting, shipping and shipping preparation is the sole responsibility of the purchaser. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt.
Only a Gooch Auction Group LLC Third Party Release Form will constitute proof of delivery of items. It is important to ensure movers or anyone picking up items on a purchaser’s behalf have that purchaser’s third party release form at the pickup location. NO ITEMS WILL BE RELEASED WITHOUT A PAID RECEIPT. All purchased items must be removed by the deadline stated above. Any items not removed by the deadline will be retained by the Sellers. The Sellers will have the option of keeping, leaving, reselling, removing, storing or disposing of items not picked up and/or paid for during the removal period set forth at the head of these Terms and Conditions.. There will be NO REFUND to the purchaser for these forfeited items should they fail to pick them up on or before the specified time. SALES TAX: Kentucky Sales Tax (6%) will be added to the sale price. Dealers or other exempt parties must provide proper documentation to Auctioneer before bidding.
ABANDONMENT: Any item NOT picked up and/or paid for by the close of the removal period set forth at the head of these Terms and Conditions will be considered abandoned and become property of the Sellers.
IMPORTANT! The Sellers will have the option of keeping, leaving, reselling, removing, storing or disposing of items not picked up and/or paid for during the removal period set forth at the head of these Terms and Conditions. Purchasers agree to pay all deficiencies and legal, collection, transportation, storage, and disposal expenses associated with delinquent accounts or abandoned items. Purchasers further agree that purchasers will not charge back items which are not picked up during the removal times set forth at the head of these Terms and Conditions.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Gooch Auction Group, LLC reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor GOOCH AUCTION GROUP, LLC SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Gooch Auction Group, LLC.
Any dispute between Gooch Auction Group LLC, its Agents or Representatives and or any bidder, agrees to go to the Mediation Center of Kentucky, 177 North Upper Street, Suite 102 Lexington, KY 40507-1100, for resolution before trying in a court of proper jurisdiction. Agency: Gooch Auction Group, LLC, Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Gooch Auction Group, LLC and it’s Agents and Representatives from any and all claims, damages or suits, including but not limited to awards, judgments, costs, fees, etc. It is expressly understood the sellers or the sellers agent may bid on goods being offered. Auction company owners and or contractors may bid on and or purchase any auction item but are bound by the same terms of any other buyer. Gooch Auction Group, LLC, reserves the right to alter online terms or descriptions for buyers at any time. This will take place by updating this site.
BIDDER DEFAULT: Failure to complete a purchase is illegal and will result in one or more of the following (1) prosecution (2) loss of bidding privileges for Gooch Auction Group, LLC. If a bidder at any time feels his/her username, password or bidder number has been compromised due to lack of security by the bidder, notify Auctioneer immediately. The information contained herein is believed to be correct to the best of the auctioneer’s knowledge. The information is being provided for the bidder’s convenience and it is the bidder’s responsibility to determine the information contained herein is accurate and complete. The goods are being offered in their as-is condition with no warranties expressed or implied.
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.
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 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 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.
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.
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.
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.
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.
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.