Online terms and conditions are in addition to any general onsite auction terms and conditions.
Bidder and EquipXauctions.com (“EquipX”) agree that the terms listed below shall govern each online auction sale.
All registration information the Bidder provides to EquipX shall be current, complete, and accurate.
Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
1. Access and use of the online auction site of EquipX is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site 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 this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. EquipX reserves the right to periodically change the terms and conditions of the User Agreement
and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
2. To receive an online bidder number you must provide a credit card. This allows us to more accurately identify online bidders and avoid the possibility of fictitious bids. Bidders expressly authorize the Auctioneer to use their credit card to satisfy the payment amount if payment via wire transfer is not utilized. If the bidder has not actively bid on an item/lot and/or does not owe any outstanding settlement, no monies will charged.
3. Invoices must be paid within 72 hours via wire transfer, cashier's check or credit card. Applicable taxes will be added to the purchase price of all taxable items. Please submit a Resale/Reseller Certificate in order to have sales tax removed from your purchase. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located.
4. Online Auction Fee: EquipX shall charge and collect from each successful bidder a 18% Buyer's Premium for each item, in addition to the final high bid amount.

Buyer's Premium Discount: A discount from the Buyer's Premium equal to 2 percent of the sales price shall apply to purchasers who pay in the form of cash, wire transfer or cashier's check, provided payment in full is received by EquipX Online within 72 hours from receipt of your invoice.

Payment by Credit Card: BP = 18%
Payment by Cash, Cashier's check, or Wire Transfer within 72 hours: BP = 16%

5. Merchandise return/refunds: All items bid on and awarded to you as high bidder are your property upon the final payment of your invoice. If your invoice is not paid within the time period specified, $500 will be charged to your card with the assumption that you are abandoning the equipment. By my registration I agree to accept all charges place on the card that I used at registration, and that I waive any and all rights concerning charge backs or refund.

8. You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. EquipX use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly prohibited.

9. Settlement for payment for purchases must be made by credit card or wire transfer or otherwise noted in a specific auction’s terms and conditions.
All sales are subject to appropriate state Sales Tax laws. Buyer must acknowledge and agree not to retract the purchase offer. Buyer shall be responsible for making arrangements for merchandise removal.

10. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or EquipX concerning any item/lot shall be construed as a warranty either express or implied.
ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS.
EquipX and Owner/Seller strongly encourage Bidders to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller.

We urge you to inspect each lot yourself or have your agent do so on your behalf. Prospective buyers should satisfy themselves as to condition and must understand that any statement made by EquipX, or its employees is merely a subjective qualified opinion, NOTWITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THIS CATALOGUE.

11. The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY 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. EquipX does not have control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. 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. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

12. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. EquipX and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.

13. Buyer will be furnished an electronic receipt at the conclusion of the sale.

14. Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale location. Owner/Seller and EquipX agree that merchandise may remain on the sale premises for a period of time following the sale. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific auction page. After the final removal date, there will be a $35.00 per day, per item/lot storage fee charged to the Buyer. If merchandise is not removed within ten days after the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of or resale the item/lot at their discretion.

14. SHIPPING:
EQUIPX DOES NOT HANDLE SHIPPING.
Please contact the shipper of your choice to arrange for packing and pick up your items. Your items will be released as soon as payment clears our bank. We request that your shippers schedule pick up times at least 24 hours in advance, this will insure no delays in pick up, and release of your purchases.

15. No adjustment will be made with regard to merchandise inventory after item/lot has been removed from the premises or after the removal date posted by EquipX, whether or not the property has been removed. EquipX reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale. The Owner/Sellers of property sold through this web site reserve the right to reject any and all bids, if they so choose.

16. The final highest purchaser shall be designated at the end of each auction sale.

17. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and EquipX 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 item/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.

18. EquipX is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.

20. This Site User Agreement constitutes a binding agreement between Bidder and EquipX until terminated by EquipX, which EquipX may do at any time, without notice, in EquipX’s 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. EquipX 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.

21. EquipX 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. EquipX, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the EquipX is final.

22. EquipX gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. EquipX does not sell or rent this information.

23. EquipX uses email 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 email to EquipX to have your name promptly removed from our list.

24. 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. EquipX. undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.

25. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your
Bidder number and password have been compromised due to lack of security on your part you must notify EquipX immediately, IN WRITING.

26. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 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 Auctioneer. 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 MERCHANTABILITY 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.

27. 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. You and EquipX are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement

28. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. EquipX’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. . Your use of this auction site marks your acceptance in full of these Terms and Conditions.

Copyright © 2013, EquipX Auctions