Auction Terms & Conditions
WELCOME TO COPPER STATE AUCTIONS!
PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING
IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, PLEASE DO NOT BID
Bidder and Auctioneer agree that the terms listed below shall govern the online auction sale.
BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:
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. Copper State Auctions, at its sole discretion, may deny registration to any person or entity. Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Copper State Auctions, or in their sole opinion detrimental to Bidding Activity, then Copper State Auctions reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey all local state and federal laws. Violations will result in termination of web site use privileges.
AGREEMENT TO TERMS: Access and use of any online auction site of Copper State Auctions (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. Copper State Auctions 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 bid number - this will include not picking up your items within the load out times or making arrangements to remove items from the auction site by the dates posted and given for load out and pickup deadlines.
ITEM DESCRIPTIONS: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct and every effort has been made in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Copper State Auctions acknowledges that some information may be inaccurate or incomplete. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Copper State Auctions. Concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges caveat emptor and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidders must rely solely on personal inspection and not on information listed on the Site or otherwise provided by Copper State Auctions or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Copper State Auctions cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. 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.
COMPLIANCE AND PROPERTY: Copper State Auctions conducts all auctions according to, and in compliance with, the Uniform Commercial Code §2-326, §2-328 and the Uniform Sales Act. In addition, as required by statute, we coordinate with local law enforcement agencies regarding the origin and background of stolen property in respect to the sale of all goods offered at our auctions.
BIDDING: Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between you, as the Bidder, and both Copper State Auctions and the Seller. Your bid further indicates that you, as the Bidder, are prepared to purchase items under these terms and conditions.
ONLINE, PROXY AND ABSENTEE MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid unless a previous higher bid has already been placed. Another bidder has to bid to increase the current price and the computer, or if a live sale, a proxy, will automatically bid up to your maximum in the increments specified.
ONLINE AUTO EXTEND FEATURE: If an auction receives a bid in the last five minutes, the ending time for that auction will automatically be extended by five minutes and can continue indefinitely. Once five minutes have passed without any bidding, the item will close to additional bidding. This feature prevents "sniping" or electronic bid rigging and allows all bidders an equal opportunity to be the high bidder, if they so choose.
ONLINE STAGGARED CLOSE FEATURE: Lots will close, begining with lot number 1, at the stated closing time. Successive lots are scheduled to close at a time that is approximately 33 seconds later than the previous lot. For example, if a published closing time of an auction is 6:00pm, lot number 1 will close at 6:00:00pm, lot 2 will close at 6:00:33pm, lot 3 will close at 6:01:06 and so on. This allows bidders to opprotunity to review bids prior to a specific lot closing. This process can be extended indefinately past the staggared closing time as descrbed in the above section titled, "Auto Extend Feature."
ITEMS OFFERED: All Goods Are Offered for Auction Online Only. All items/lots/property also know as "Good's" are sold "As Is, Where Is" without any warranty or guarantee, either expressed or implied by the seller, auctioneer, auction company or its agents. Goods offered for sale are described and include titles and descriptions believed to be accurate, however do not rely on catalog descriptions as a substitute for provenance or title. Your bid is a contract to purchase goods offered and all sales are final. No Adjustments to Price or Refunds Will Be Given.
AUCTION WITH RESERVE: This is an auction without reserve prices. Per Uniform Commercial Code, an auction "with reserve" is one in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and/or all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer. Sellers reserve the right to bid on all auctions. Auctioneers and their employees reserve the right to bid on their own, or the Seller's behalf.
SHIPPING: Shipping Will be Charged at the Commercial Shipping Rate of USPS, FedEx or UPS, whichever shipment provider offers the most cost effective, efficient and safest way to ship goods to the buyer. All shipments will be insured for $100 or in the amount of the total hammer price of item(s) won, whichever is greater. An adult signature is required for receipt of all shipments. Any damage and/or claims must be made through the third party shipper. If additional insurance is desired, please contact us within 24 hours of the close of the lot/end of the auction. A minimum handling charge of $5.00 will be added to all shipments for cost of shipping materials.
ITEMS NOT CLAIMED: Lots, property and items remaining after the removal deadline will be considered as abandoned, and ownership will revert to Seller, who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale. No adjustments or refunds will be given.
MISSING ITEMS: We document the contents of each package and lot with photos and descriptions. If an item is shipped, please do not discard the original shipping box and packaging if you think something is missing. Please contact Copper State Auctions immediately if you believe an item is missing. All claims of missing items must be made within 24 hours of the pickup or delivery of the item(s).
ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory, purchase price or bid amount after the item or lot has been shipped. Copper State Auctions 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 by soft close and through online computer automation. If a dispute arises between two or more Bidders, Copper State Auctions reserves the right to reopen bidding. Copper State Auctions designation of the Buyer shall be final.
BUYER'S PREMIUM and SALES TAX: Unless a specific auction states otherwise, a 5% buyer's premium and sales tax will be charged on all items and lots. Every bidder pays the same buyer's premium and tax of 8.05% and should bid accordingly. For example, if you bid $100.00 on an item at the auction you will be charged $105.00 for the item on your auction invoice, and then tax of 8.05% will be calculated for a total final sales price of $113.05. State and Local Tax is Collected on All Goods Sold Regardless of Purchase Location or Destination - Tax is Collected on all Online Purchases wheather in state or out of state.
PAYMENT: Buyer will receive an invoice via electronic mail after the close of the auction. Payment for purchases must be made by Visa, MasterCard, American Express or Discover Card. All Goods Bid Will Be Charged to The Card on File When Registering. If a Credit Card Cannot be Charged and Verified, the Buyer Will Be Contacted and Asked for Another Card Number. In the event of a non-performing buyer, the buyer's registration information will be shared with other online venues in an attempt to collect payment. Blacklisting the buyer may also occur. Any item or lot not paid for in full within 5 business days will result in suspension or permanent ban of bidder number. No credit card charge backs will be allowed. Ownership of your items will revert to Owner/Seller who may re-sell or dispose of items at Seller's discretion
SALES TAX: --State and Local Tax is Collected on All Goods Sold Regardless of Purchase Location, Shipment of Items, Transport of Items or Destination-- All sales are subject to appropriate state Sales Tax laws, in Arizona we are required to charge sales tax on all items sold in the originating location; the sales tax rate is currently 6.7%. 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. This sales tax exemption certificate must be presented to, accepted and approved by Copper State Auctions before the close of the auction. Please email documents to firstname.lastname@example.org.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Copper State Auctions 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 Copper State Auctions until terminated by Copper State Auctions. Copper State Auctions may terminate this agreement at any time, without notice, at Copper State Auctions 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. Copper State Auctions 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: Copper State Auctions 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. Copper State Auctions, 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 Copper State Auctions is final.
PRIVACY: Copper State Auctions gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Copper State Auctions does not sell or rent this information. Copper State Auctions 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 Copper State Auctions to have your name promptly removed from our list.
BID IS A LEGAL CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
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 Copper State Auctions. 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 MERCHANT ABILITY 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.
State and Local Tax is Collected on All Goods Sold - Even Items Shipped Out-of-State -
* A 5% Buyers Premium Will Be Added to All Purchases
* All Goods Must Be Removed From the Premises By the Stated Deadline Time and Date
* All Goods Bid Must Be Paid Before Pickup or Removal of Any Item.
THANK YOU FOR ATTENDING and BIDDING AT OUR AUCTION, HAVE FUN AND ENJOY YOURSELF - YOU'RE NOW PART OF OUR AUCTION FAMILY!
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.