Terms and Conditions
These Terms and Conditions apply to all use of the Hawaii Auction Services auction platform and to each auction ("Auction") conducted by Hawaii Auction Services LLC or its affiliates (collectively, "Hawaii Auction Services" or "HAS") on behalf of one or more sellers (each, a "Seller").
Property or goods offered for sale are referred to individually as an "Item" and collectively as "Items." Persons who register, access the Platform, or participate in an Auction are referred to as "Users" or "Bidders." A Bidder whose Bid is accepted as the winning Bid is referred to as the "Winning Bidder."
Hawaiiauctionservices.com, the online bidding platform, mobile applications, and associated auction tools and services are collectively referred to as the "Platform."
BY REGISTERING FOR AN ACCOUNT, USING THE PLATFORM, OR PLACING A BID, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH HAWAII AUCTION SERVICES LLC AND AGREEING TO THESE TERMS AND CONDITIONS, THE APPLICABLE AUCTION DETAILS, AND ANY TERMS SPECIFICALLY STATED IN AN INDIVIDUAL LOT DESCRIPTION.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER, BID, OR USE THE PLATFORM.
1. AUCTION-SPECIFIC DETAILS
Each Auction may have different terms based on the Items being sold and the location of the Auction. Before bidding, please review the Auction Details for that specific Auction.
Buyer's Premium
Accepted payment methods and any payment thresholds
Auction location
Preview information
Auction closing date and time
Pickup location, dates, and times
Pickup and loading requirements
Any other special requirements for that Auction
Certain individual Items may also have specific terms or requirements stated in the lot description.
The Auction Details and individual lot descriptions are part of these Terms & Conditions. If a specific Auction Detail or lot term differs from these general Terms & Conditions, the specific term will apply to that Auction or Item.
2. BIDS ARE BINDING
All Bids submitted in an Auction are binding and irrevocable unless otherwise stated in the Auction Details or canceled by Hawaii Auction Services.
By placing a Bid, you are entering into an agreement to purchase the Item if you become the Winning Bidder.
Bidders should carefully review the Item, photographs, description, current Bid, applicable Buyer's Premium, payment requirements, pickup requirements, and their intended Bid amount before submitting a Bid.
Failure to pick up an Item, buyer's remorse, a change of mind, failure to inspect an Item, or failure to understand the Auction Details does not cancel the Winning Bidder's obligation to pay for an Item.
HAS reserves the right to reject or cancel a Bid when reasonably necessary to address a bidding error, cataloging error, technical problem, suspected fraudulent activity, violation of these Terms, or another circumstance affecting the integrity of the Auction.
3. REGISTRATION & CREDIT CARD AUTHORIZATION
A valid credit card may be required to register and participate in an Auction.
HAS and/or its payment processor may place a temporary authorization on a Bidder's credit card for verification purposes.
A credit card authorization used for bidder verification is not a registration fee or purchase charge.
The amount of any authorization will be disclosed during registration, through the Platform, or in the applicable Auction Details.
Depending upon the Bidder's card issuer or financial institution, an authorization may temporarily appear as pending before being released.
HAS may require an approved Bidder account before Bids can be placed.
4. PAYMENT
All purchases are binding, and Winning Bidders are responsible for payment of all Items won.
All invoices must be paid in full before Items will be released.
Accepted payment methods and payment requirements may vary between Auctions and will be stated in the applicable Auction Details.
Credit Card Only Auctions
Certain Auctions may be designated CREDIT CARD ONLY.
For Credit Card Only Auctions, the Winning Bidder authorizes Hawaii Auction Services and its designated payment processor to charge the credit card associated with the Bidder's account for the full invoice amount following the Auction.
The Bidder is responsible for maintaining a valid credit card with sufficient available funds to satisfy the invoice.
Auctions Allowing Alternative Payment Methods
Other Auctions may permit or require payment by methods including credit card, cash, cashier's check, or wire transfer.
HAS may establish an invoice amount above which credit cards will not be accepted or for which another form of payment is required.
Any applicable payment threshold and accepted payment methods will be stated in the Auction Details.
Payment deadlines may vary by Auction and will be stated in the Auction Details, invoice, or payment instructions provided to Winning Bidders.
If payment cannot be processed or is not received by the required deadline, HAS may suspend the Bidder's account and withhold release of purchased Items.
Repeated payment failures, unpaid invoices, returned payments, or collection issues may result in bidding privileges being suspended or permanently revoked.
HAS reserves all rights and remedies available under these Terms and applicable law to recover amounts owed.
5. BUYER'S PREMIUM
A Buyer's Premium may be added to the hammer price of each Item purchased.
The applicable Buyer's Premium will be stated in the Auction Details and/or individual lot description.
The Buyer's Premium may vary between Auctions or, when specifically disclosed, between individual Items within an Auction.
The Winning Bidder is responsible for paying the applicable Buyer's Premium in addition to the Winning Bid and any applicable taxes or other disclosed charges.
Bidders should consider the applicable Buyer's Premium when determining their maximum Bid.
6. TAXES & OTHER CHARGES
Applicable taxes and other authorized charges may be added to the Winning Bid and Buyer's Premium as required by law or as disclosed in the applicable Auction Details.
Winning Bidders are responsible for all applicable taxes unless a valid exemption has been provided to and approved by HAS in accordance with applicable law before payment.
7. ITEM CONDITION — AS-IS, WHERE-IS
Unless specifically stated otherwise in the individual lot description: ALL ITEMS ARE SOLD AS-IS, WHERE-IS, AND WITH ALL FAULTS, WITH NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED.
Hawaii Auction Services makes reasonable efforts to provide accurate photographs, descriptions, and known condition information. However, not every Item can be fully inspected, researched, operated, or tested.
Descriptions, photographs, measurements, model numbers, serial numbers, condition information, and other information provided by HAS are intended to assist Bidders but should not replace the Bidder's own inspection and due diligence.
It is the Bidder's responsibility to review photographs and descriptions, attend or request a preview when available, conduct any desired research, and determine the Item's condition, suitability, authenticity, completeness, and value before bidding.
Items identified as untested, unknown condition, or AS-IS should be bid on accordingly.
To the maximum extent permitted by applicable law, HAS makes no implied warranty of merchantability or fitness for a particular purpose unless a warranty is expressly provided in writing for a particular Item.
Material Difference From an Express Representation
If HAS specifically represents an Item as operational or functional and, at pickup, the Item is materially different from that representation, the buyer must notify HAS promptly and before removing the Item from the Auction location whenever reasonably possible.
Any claim regarding a material discrepancy must be submitted to HAS within the claim period specified in the applicable Auction Details. If no different period is stated, the claim must be submitted within 48 hours of the Auction closing.
Claims should be submitted by email to info@hawaiiauctionservices.com. The buyer should provide photographs or other documentation showing the claimed discrepancy.
HAS will review properly documented claims on a case-by-case basis and may, at its discretion and when appropriate, issue a full or partial refund or provide another reasonable resolution.
This provision does not create a general warranty for Items sold at Auction.
Buyer's remorse, bidding mistakes, failure to inspect an Item, failure to review photographs or descriptions, or a change of mind are not grounds for a refund.
8. PREVIEW & BIDDER INSPECTION
When a live preview is offered, Bidders are encouraged to inspect Items prior to bidding.
Preview availability, dates, times, locations, and appointment requirements will be stated in the Auction Details.
Failure to attend an available preview does not create grounds for cancellation of a Bid or refund.
Bidders who are unable to personally inspect an Item should carefully review all available photographs, descriptions, videos, and condition information before bidding.
9. RESERVES & SELLER BIDDING
Unless specifically identified as NO RESERVE, an Auction or individual Item may be subject to a reserve or minimum acceptable selling price.
Where permitted by applicable law, HAS may implement a Seller's reserve through the Platform or through bidding on behalf of the Seller until the reserve or acceptable selling price has been reached.
A Seller may elect to accept a Bid below an established reserve.
Where permitted by applicable law, HAS may place Bids on behalf of a Seller in connection with an established reserve or other disclosed Seller bidding arrangement.
If Hawaii Auction Services has an ownership or other financial interest in an Item beyond its ordinary commission and fees, HAS may bid on or otherwise protect that interest where permitted by applicable law.
10. HAS STAFF BIDDING
Hawaii Auction Services employees may bid on and purchase Auction Items for their own personal use.
Staff participating as Bidders are subject to the same bidding and payment requirements as other Bidders.
11. STAGGERED CLOSING
HAS online Auctions may use a staggered closing format.
When staggered closing is used, Items do not all close simultaneously. Lots will close according to the schedule and interval stated in the Auction Details or displayed by the Platform.
Each lot displays its own scheduled closing time or countdown timer.
Bidders are responsible for monitoring the closing time and countdown timer of each individual lot on which they wish to bid.
12. SOFT CLOSE / EXTENDED BIDDING
HAS online Auctions may use a soft-close or extended-bidding format.
If a Bid is placed within the extension period established for that Auction, the bidding period for that particular lot may automatically be extended.
Additional Bids during the extended period may continue to extend the closing time.
The applicable extension period will be stated in the Auction Details or displayed by the Platform.
Bidders are responsible for monitoring individual lots and their countdown timers during extended bidding.
13. PICKUP & REMOVAL
Winning Bidders are responsible for picking up their purchases during the designated pickup dates and times stated in the Auction Details.
Pickup appointments may be required.
Buyers are responsible for providing the labor, vehicles, trailers, packing materials, boxes, bags, straps, rope, tie-downs, tools, and specialized moving or lifting equipment necessary to safely remove their purchases unless otherwise stated.
HAS staff will assist in locating and releasing purchased Items.
Forklift assistance or other loading assistance may be available for certain Auctions. Availability of loading assistance should not be assumed unless specifically stated in the Auction Details.
When HAS provides loading assistance, such assistance may be provided on a first-come, first-served basis or according to other procedures established for that Auction.
Buyers purchasing large, heavy, or difficult-to-move Items must arrive with sufficient labor, appropriate transportation, and equipment to safely remove their purchases.
HAS reserves the right to stop or refuse removal activity that HAS reasonably determines may create an unsafe condition or risk of injury or property damage.
14. FAILURE TO PICK UP / ABANDONED ITEMS
Items must be picked up during the designated pickup period unless prior arrangements have been approved by HAS.
Failure to pick up an Item does not cancel the sale or eliminate the Winning Bidder's obligation to pay for the Item.
Items not picked up within the required period without an approved arrangement may be considered abandoned or forfeited.
Abandoned or forfeited Items may be resold, discarded, removed, stored, donated, or otherwise disposed of at the discretion of HAS and/or the Seller.
Unless otherwise required by applicable law, no refund will be issued for Items abandoned or forfeited because the Winning Bidder failed to pick them up.
Bidders who fail to pay for or pick up purchases without communicating with HAS may have their bidding privileges suspended or permanently revoked.
15. POSTPONEMENT, CANCELLATION & AUCTION ADMINISTRATION
Hawaii Auction Services reserves the right, to the extent permitted by applicable law, to postpone, extend, modify, or cancel an Auction, Bid, lot, or Item when reasonably necessary for administration of the Auction.
HAS reserves the right to correct cataloging errors, clerical errors, bidding errors, technical problems, incorrect closing times, or other errors affecting an Auction.
HAS may reopen bidding, extend a lot, cancel a Bid, cancel a sale, or take other reasonable action when necessary to address a technical malfunction, bidding irregularity, fraud, material error, or dispute.
16. DEFAULT & ACCOUNT SUSPENSION
A Winning Bidder who fails to make payment in accordance with the applicable Auction Details is in default.
Suspend or permanently revoke bidding privileges
Cancel the sale
Offer the Item to another Bidder
Resell the Item
Retain amounts properly due to HAS
Recover amounts owed by the Bidder
Pursue other remedies available under applicable law
Any specific late-payment, storage, administrative, collection, or other fees applicable to an Auction must be disclosed in the Auction Details or otherwise agreed to by the Bidder.
17. LIMITATION OF LIABILITY
USERS VIEW AUCTIONS, INSPECT ITEMS, USE THE PLATFORM, AND SUBMIT BIDS AT THEIR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HAWAII AUCTION SERVICES LLC NOR ITS OWNERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AGENTS, OR CONTRACTORS SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO USE OF THE PLATFORM, PARTICIPATION IN AN AUCTION, OR THE PURCHASE, REMOVAL, TRANSPORTATION, OR USE OF AN ITEM.
Nothing in these Terms and Conditions is intended to exclude or limit liability that cannot lawfully be excluded or limited.
This section survives termination of these Terms and Conditions.
18. INDEMNIFICATION
To the extent permitted by applicable law, each User agrees to indemnify, defend, and hold harmless Hawaii Auction Services LLC and its owners, officers, employees, representatives, affiliates, agents, and contractors from third-party claims, damages, losses, costs, liabilities, and reasonable legal fees arising from or relating to the User's access to or use of the Platform; violation of these Terms; violation of another person's or entity's rights; or pickup, removal, transportation, handling, or use of an Item.
HAS reserves the right to participate in or assume the defense of a matter subject to indemnification where permitted by applicable law.
This section survives termination of these Terms and Conditions.
19. LIMITED LICENSE
The Platform is owned by or licensed to Hawaii Auction Services.
HAS grants Users a limited, revocable, non-exclusive, non-transferable license to use the Platform solely for purposes authorized by these Terms and Conditions.
Copying, adapting, modifying, distributing, licensing, selling, transferring, displaying, transmitting, or otherwise using the Platform outside its intended purposes without HAS authorization is prohibited.
Violation of these Terms may result in suspension or termination of the User's right to use the Platform.
20. PROHIBITED USE & ACCOUNT CONDUCT
No User may use the Platform, or permit another person to use the User's account, in a manner that violates applicable law; interferes with the Platform or another User; introduces malicious software; threatens, harms, harasses, misleads or defrauds others; improperly obtains personal information; uses another person's account without authorization; manipulates bidding; attempts unauthorized access; or otherwise materially violates these Terms.
HAS may suspend or terminate accounts reasonably believed to be involved in prohibited activity.
21. AUTHORITY TO USE AN ACCOUNT
If a User creates or uses an account on behalf of a business, corporation, partnership, trust, organization, or other entity, the User represents and warrants that the User has authority to act on behalf of and bind that entity.
HAS may rely upon that representation when permitting the entity to participate in Auctions.
Creating or using an account on behalf of another individual without authorization is prohibited.
An account may not be used by a person other than the account owner or an authorized representative of an entity registered to the account.
HAS may suspend or terminate an account or cancel Bids associated with an account when these requirements are violated.
22. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND HOW CLAIMS BETWEEN YOU AND HAWAII AUCTION SERVICES LLC MAY BE RESOLVED.
A. Applicable Law
Except to the extent preempted by federal law, these Terms and Conditions and disputes arising from them are governed by the laws of the State of Hawaii, without regard to conflict-of-law principles.
B. Arbitration
You and Hawaii Auction Services LLC agree that disputes or claims relating to these Terms and Conditions, use of the Platform, participation in an Auction, or Items purchased through the Platform shall, to the extent enforceable under applicable law, be resolved through final and binding arbitration rather than in court. A party may instead pursue a qualifying claim in small claims court so long as the claim remains in that court and proceeds only on an individual basis. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision where applicable.
C. Individual Claims
YOU AND HAWAII AUCTION SERVICES LLC AGREE THAT CLAIMS MAY BE BROUGHT AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, TO THE EXTENT SUCH WAIVER IS PERMITTED BY APPLICABLE LAW.
D. Notice of Dispute Before Arbitration
Before initiating arbitration, the party seeking arbitration must provide Hawaii Auction Services LLC with written notice describing the nature of the dispute or controversy, the factual basis for the claim, and the relief or remedy being requested.
The notice must be sent by certified or registered mail, return receipt requested, to:
Hawaii Auction Services LLC
74 Kihapai St.
Kailua, HI 96734
The parties will have 60 days following HAS's receipt of the written notice to attempt in good faith to resolve the dispute before arbitration is initiated.
E. Arbitration Procedures
If the dispute has not been resolved within the 60-day period, either party may initiate arbitration in accordance with the applicable rules and procedures of the American Arbitration Association ("AAA") and applicable law. Unless otherwise mutually agreed or required by applicable arbitration rules or law, arbitration will take place in Honolulu County, Hawaii. The arbitrator shall determine the dispute in accordance with these Terms and applicable law. The arbitrator's award shall be final and binding to the extent provided by applicable law, and judgment upon the award may be entered in a court having jurisdiction.
F. Arbitration Costs
Arbitration fees and costs shall be governed by applicable AAA rules and applicable law. Any award of attorneys' fees or costs shall be determined by the arbitrator in accordance with applicable law and any enforceable contractual right to such an award.
G. Court Forum
If the arbitration provisions do not apply to a particular dispute or claim, the parties agree, to the extent permitted by applicable law, that the dispute shall be brought in the appropriate state or federal court located in Honolulu County, Hawaii. The parties consent to the personal jurisdiction of those courts for such disputes.
H. Registered Agent / Formal Service of Process
The correspondence and pre-arbitration notice provisions above do not replace or modify any requirements governing formal service of process.
Hawaii Auction Services LLC's registered agent for service of process is:
Hawaii Auction Services LLC
c/o Registered Agents Inc.
1001 Bishop St., Ste. 2685A
Honolulu, HI 96813
Formal service of process may be made through the company's registered agent or by any other method permitted by applicable law.
I. Survival
This section survives termination of these Terms and Conditions.
23. GENERAL CORRESPONDENCE
Unless otherwise specifically provided in these Terms, general written correspondence to Hawaii Auction Services LLC may be sent to:
Hawaii Auction Services LLC
74 Kihapai St.
Kailua, HI 96734
Phone: (808) 260-8979
Email: info@hawaiiauctionservices.com
The registered-agent address identified in Section 22 is intended for formal service of process and other legal documents appropriately directed to the company's registered agent and should not be used for routine customer correspondence.
24. AMENDMENTS
Hawaii Auction Services may amend these Terms and Conditions by posting amended Terms and Conditions on the Platform.
Changes may include additions, modifications, or removal of provisions.
Continued use of the Platform after amended Terms and Conditions become effective constitutes acceptance of the amended Terms to the extent permitted by applicable law.
HAS may require Users to affirmatively accept updated Terms and Conditions before continuing to use the Platform or participate in future Auctions.
25. SEVERABILITY
If any provision of these Terms and Conditions is determined to be invalid, void, or unenforceable, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
26. ENTIRE AGREEMENT & ORDER OF PRECEDENCE
These Terms and Conditions, together with the applicable Auction Details and individual lot terms, constitute the agreement governing the User's participation in an Auction.
Because Auction requirements may vary, the following order will apply when determining the terms applicable to a particular purchase:
1. Individual Lot Terms — Terms specifically stated for a particular Item.
2. Auction Details — Terms specifically stated for the applicable Auction.
3. These General Terms & Conditions — The general legal and operational provisions applicable to HAS Auctions.
A specific term stated for an individual Item or Auction controls over a conflicting general operational term in these Terms and Conditions.
27. ACKNOWLEDGMENT
BY REGISTERING FOR AN ACCOUNT, USING THE PLATFORM, OR PLACING A BID, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO: (1) THESE TERMS AND CONDITIONS; (2) THE APPLICABLE AUCTION DETAILS; AND (3) ANY TERMS OR REQUIREMENTS SPECIFICALLY STATED IN THE INDIVIDUAL LOT DESCRIPTION.
HAWAII AUCTION SERVICES LLC
General Correspondence:
74 Kihapai St.
Kailua, HI 96734
Phone: (808) 260-8979
Email: info@hawaiiauctionservices.com
Registered Agent for Service of Process:
Registered Agents Inc.
1001 Bishop St., Ste. 2685A
Honolulu, HI 96813
