SURPLUS SOLUTIONS LLC
TERMS OF SALE
By Registering as a buyer or a user regardless of your physical location, you agree that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the Services and the Site.
Set forth below are the terms and conditions (the “Terms”) that shall apply to every bid or purchase by any party (“Buyer” or “Bidder”) either directly from Surplus Solutions LLC (SSLLC) as an owner of any item, goods, fixtures or real property, or in a transaction (“Transaction”) in which SSLLC serves as broker, agent, liquidator or auctioneer for any third party owner. The Terms apply to every transaction, including without limitation, public auctions conducted by SSLLC and direct purchases by Buyer of any item either before, after or independent of any public auction.
TERMS AND CONDITIONS
1. No Warranty. All machinery, equipment, merchandise and other items (the “Goods”) are sold on an “AS IS/WHERE IS” basis without any warranties or representations, either expressed or implied. Neither SSLLC nor the Consignor makes any warranties or representations of any kind or nature with respect to the property or its value and in no event shall either be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Prospective bidders are urged to contact SSLLC directly for detailed information regarding any item for sales. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY DISCLAIMED.
2. Registration. Buyers must register prior to bidding at any auction sale and must be of legal capacity to enter into this agreement. All bidders must provide their name, company (if applicable), mailing address, phone number and email address prior to the auction. By registering, you represent and warrant any and all Buyer Information is accurate and complete. It is solely the Buyers responsibility to maintain current Buyer Information for completeness and accuracy. Bidders are required to provide a valid Visa, MasterCard or American Express number, together with security code, to secure its obligations hereunder. At its discretion, SSLLC may charge a registration fee for Electronic bidding. This fee will be clearly displayed during the registration process.
3. Deposits.SSLLC may require a deposit of up to 10% of buyers projected spending based on past auction history. The card used for you registration will be chaged for any deposits required. Please call us at 508 646-2744 within 48 hours of the auction closing date, otherwise your card on file will be charged for your full invoiced owed amount. If you are unsuccessful in the auction, your card will be refunded of your deposit within 48 hours post auction.
4. Invoices & Payment Instructions. Electronic Bidders will be sent an electronic invoice to the email address provided during registration. Invoices can be faxed upon request. Detailed payment instructions for each sale are available in the printed auction or sale lot catalog at the sale or auction location on the day of the sale or auction. Electronic Bidders will be sent detailed payment instructions via email along with their invoice.
5. Payments. SSLLC must receive the balance of the total purchase price no later than the close of business on the day following the auction (the “Final Payment Date”). All payments must be cashier’s or certified check, federal wire transfer of immediately available funds, corporate check, or Credit Card. Without limiting SSLLC’s discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to Buyer until the total purchase price and all Taxes have been paid to SSLLC in collected funds.
6. Taxes. Buyer must also pay to SSLLC on or before the Final Payment Date, all sales, export, use and other taxes due to any federal, state or local taxing authority (the “Taxes”) as a result of Buyer's purchase, including without limitation, any taxes arising
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from any Buyer's Premium (as defined in Section 7 below). To receive the benefit of any sales tax exemption, Buyer must supply SSLLC with a state sales tax exemption certificate acceptable in form, scope and substance to SSLLC in SSLLC'S sole discretion.
7. Buyer’s Premium. SSLLC in its sole discretion may impose a Buyer's premium ("Buyer's Premium") on any Goods sold. The Buyer's Premium is a percentage that is added to the final purchase price of any item. SSLLC shall charge and collect from each successful Bidder a buyer's premium for each sale at the auction, in addition to the purchase price as bid. SSLLC makes the Buyer's Premium information available in writing electronically or in printed format prior to each auction for each of the Goods identified for auction or sale.
8. Removal of Goods. Unless otherwise agreed in writing, Buyers or their Agents must remove all Goods purchased before the final removal date and time announced by SSLLC at the auction (the "Removal Date"). (2) No Goods shall be removed until the full purchase price and all applicable Taxes thereon have been received by SSLLC in the form required herein. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND SSLLC SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. BUYER CONSENTS THAT SSLLC MAY DISPOSE OF ANY AND ALL ITEMS NOT PAID FOR AND REMOVED BY THE REMOVAL DATE AND MAY RESELL SCRAP, AND/OR OTHERWISE DISPOSE OF SUCH ITEMS.
9. Buyer shall be responsible for the safe and proper removal of any Goods purchased by Buyer. SSLLC does not pack, ship, store, crate or rig items. Buyers may either pick up Goods at the designated auction site personally or can contract with a third party agent to manage the removal process for them. Before Goods can be removed by an Agent, Agent must provide SSLLC with (1) proof of payment in full (Paid In Full Invoice) and (2) an "Agent Release Authorization" form which allows SSLLC to release items to a third party contractor for shipping, crating or packing purposes.
10. Goods weighing more than 100 pounds must be removed by a qualified, insured rigger. Before any removal, Buyer must provide SSLLC with a certificate of insurance from the rigger, which certificate must be in form, scope and content acceptable to SSLLC in SSLLC’S sole discretion. Without limiting SSLLC’S discretion, such certificate must show that the rigger carries comprehensive liability insurance written by an insurance carrier of national standing and in an amount of not less than two million dollars ($2,000,000.00). Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer’s removal of the Goods. SSLLC shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from machinery purchased. Buyer does hereby indemnify SSLLC, the Consignor and the owner of the premises in which the Goods are located, from any and all claims, damages, and losses arising from Buyer’s actions or actions with respect to the Goods and Buyer’s presence on the premises in which the Goods are located, including without limitation, injuries to persons or property and environmental violations or contamination. Risk of loss on any Goods shall pass to the Buyer upon payment in full to SSLLC of all sums due from Buyer in respect to the Goods.
11. Small Lot Removal. SSLLC shall have no responsibility whatsoever for any missing or lost items that can be removed by hand if such items have not been removed within forty-eight (48) hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete.
12. Default. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. All items awarded to high Bidders must be paid for by the Final Payment Date and removed by the Final Removal Date. IN THE EVENT BUYER FAILS TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS SPECIFIED IN THESE TERMS AND CONDITIONS, THE FOLLOWING ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon default, the purchaser shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which default has occurred. SSLLC will re-market and re-sell this property.
Failure to pay invoices in full by the Final Payment Date in accordance with payment terms will subject Bidder to pay as Liquidated Damages a sum equal to the lesser of (1) 20 percent of the invoice price of the item(s) as to which the default has occurred, or (2) the full amount of the difference between the original invoice price and the re-sold price plus any expenses incurred to re-market or re-sell these items. IF SSLLC HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE BIDDER AUTHORIZES SSLLC TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
Failure to remove items by the Final Removal Date in accordance with removal terms will subject Bidder to pay as Liquidated Damages the full amount of the expenses incurred to store or transport items until they are re-sold. IF BUYER HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF THE FINAL REMOVAL DATE, THE BIDDER AUTHORIZES SSLLC TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
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13. After Buyer has removed any item from SSLLC'S possession or within two (2) days of the date of the auction, whichever is sooner, SSLLC shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to SSLLC before any item is removed from the premises where the auction is conducted.
14. Damages. SSLLC shall not be responsible for any damages, loss or theft of Goods except in the case of SSLLC’s willful misconduct. Without limiting the foregoing, SSLLC shall not be responsible for damages or losses caused by strikes, civil disorders, or acts of God.
15. Changes. SSLLC reserves the right to withdraw or sell any assets contained in an auction prior to or proceeding the stated auction period without notification. SSLLC reserves the right to temporarily or permanently end an auction prior to or during the stated auction period at is sole discretion without notification. SSLLC, in its sole discretion, reserves the right to extend the stated auction period without notification. If for any reason SSLLC is unable to deliver any Goods purchased by Buyer, SSLLC'S sole liability shall be to return all sums paid by Buyer to SSLLC in respect of such Goods. Buyer/Bidder hereby agrees that under all possible circumstances, SSLLC's maximum liability in any and all auctions and sales transactions is hereby limited to the purchase price actually paid by the Buyer or Bidder for the applicable sale or auction transaction.
16. Minimum or Reserve Prices. SSLLC, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce, post, or publish notice to attendees and buyers at any auction. SSLLC reserves the right to confirm or reject the final bid. Further, SSLLC, and/or its affiliates or subsidiaries, may bid at the auction for its own account, on behalf of a third party or the seller.
17. Absentee/Proxy Bids. By completing an “Absentee (Proxy) Bidder Form,” Bidders may appoint SSLLC to be an agent and proxy for the sole purpose of purchasing the items listed when the Bidder CANNOT bid on the day of the sale. ALL BIDS ARE FINAL AND BINDING and DO NOT include any applicable buyer’s premiums and sales taxes. SSLLC will bid up to the specified maximum bid amount to win the item, using only the amount needed to win the item. SSLLC has complete discretion whether and when to accept Proxy bids. The auctioneer’s announcements at the time the lot is sold take precedence on any and all published materials. Proxy bidders will be notified only if they have been declared the high bid. Notification will take place in the form of an electronic invoice which will be sent to the email address provided during registration.
18. SSLLC, in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore.
19. SSLLC, in its sole discretion, shall control all bidding increments and advances at any auction. SSLLC reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that SSLLC believes was made illegally or in bad faith. In the event of a dispute among Bidders, SSLLC may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. No returns or refunds will be permitted.
20. SSLLC reserves the right, in its sole discretion, to sell items advertised as a public auction sale, on a piece-by-piece basis or as a complete lot. Without limiting the generality of the foregoing, SSLLC may accept a complete lot bid and then conduct an item by item auction which auction shall be effective only if the total proceeds therefrom exceed the amount of the complete bid.
21. All information provided by SSLLC to a Buyer, including without limitation, any advertising, lot sales catalogs or otherwise, is subject to deletions, errors, additions, and changes without notice. Although information is gathered from sources thought to be reliable, SSLLC shall have no responsibility whatsoever for any information provided to any attendee or buyers. Every Buyer hereby agrees to rely solely on the Buyer's own independent investigation and inspection of any and all Goods.
22. Right to Amend Terms and Conditions. SSLLC reserves the right to amend any and all of the Terms and Conditions stated herein at any time without notification at SSLLC’s sole discretion. It is the Buyers responsibility to read and review the Terms and Conditions for each sale. SSLLC provides the Terms and Conditions through its Websites and in printed form at on-site auctions.
23. Agency Relationship. When SSLLC is selling or auctioning any Goods on behalf of a Consignor, SSLLC shall act as an agent only and shall have no liability whatsoever for the acts of any owner or principal.
24. Export Law Compliance. Buyer hereby agrees to comply with all US export and import control and related laws, and acknowledge that SSLLC is not the exporter or importer of any purchased item. Certain items offered for sale at the auction may constitute "Restricted Technology." Under federal law, such items may not be shipped outside the United States. SSLLC makes no
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representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology, or whether any item may have been imported in violation of any U.S. laws or international treaties.
25. Auction Sites. Buyers acknowledge that an auction site is a potentially dangerous place, Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. No person shall have any claim against SSLLC, the seller, the owner of the premises or their respective agents for any injuries sustained or for damages to or loss of property that may occur at the auction site.
26. SSLLC Rights and Remedies. If the Buyer fails to comply with any of the Terms, SSLLC shall have all rights and remedies available to it at law and in equity. Without limiting the generality of the foregoing, SSLLC may retain all deposits and partial payments received from Buyer and may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all costs, losses, and damages suffered by SSLLC (i) as a result of Buyer’s breach of any of the Terms, including without limitation, lost profits and consequential damages, and (ii) incurred in connection with the enforcement of SSLLC’S rights, including, without limitation, legal fees and costs and expenses related to the resale of Goods, including storage and rigging fees.
27. No Collusion. Buyers agree they will not participate in any bidding practices with the intent of manipulating the bidding. Any and all forms of collusion between Buyers is forbidden. Buyers agree they will not place bids using false names or Buyer Information.
28. Buyers Indemnification. Buyers agree they will defend, indemnify and hold harmless SSLLC, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, from and against any and all claim, loss, damage, liabilities, judgments, fees and expenses incurred by SSLLC, including its affiliates, directors, officers, employees, agents, shareholders, co-branders, or partners, through the use of SSLLC Services and Websites
I, the undersigned, hereby acknowledge that I have read and agree to all of Surplus Solutions, LLC Terms and Conditions stated above. I additionally assent to abide by any and all posted notices and announcements made hereafter pertaining to the terms and conditions of this event whether present or not.
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