BUYER & USER TERMS AND CONDITIONS
(Last Modified on June 1, 2019)
Welcome to Liquidity Services’ marketplaces. By registering as a buyer on any of our websites (collectively, the “Site”) or using our Site and services, you agree that you have read, understand and accept these Buyer & User Terms and Conditions (the “T&Cs ”). The T&Cs govern:
(i) bidding on and purchasing surplus and other assets (“ Assets”),
(ii) transaction settlement and other related services ( “Services”), and
(iii) any disputes arising from our Site or Services. We may amend these T&Cs at any time by posting the changes on our Site. Your continued use of this Site or our Services after our posting of any changes will constitute your acceptance of such changes.
Any issues in use of our Site or our Services should be directed to Customer Service, as follows:
For Liquidation.com or Secondipity.com:
For Network International: https://www.networkintl.com/network/Content/CustomerCare
For GovDeals: https://www.govdeals.com/index.cfm?fa=Main.Comments
For AuctionDeals: https://www.auctiondeals.com/index.cfm?fa=Main.Comments
We note that specific Seller Terms and Conditions may apply to each specific sale or auction on our Site. These are set by the specific Seller in such sale or auction and such Seller Terms and Conditions apply to the specific terms of the sale or auction transaction between the Seller and you. Any Seller Terms and Conditions can be found on the relevant listing page and/or event page.
1. Introduction to Liquidity Services
Liquidity Services, Inc., its subsidiaries and affiliates (collectively, “Liquidity Services,” “we,” or “us”), is a global solutions provider for the reverse supply chain. We provide surplus asset management, valuation, and sales solutions for surplus and other assets (each an “Asset” and, collectively, “ Assets”).
Except for certain sales in which Liquidity Services has purchased for its own account and is reselling Assets as a seller on the Site, or where Liquidity Services has expressly agreed in writing to act as an agent on behalf of a seller to sell on a consignment basis, Liquidity Services simply provides marketplace services and Liquidity Services does not own, sell or transfer title to the Assets. The actual contract for sale is directly between the seller and you
Each specific auction or sale of Assets includes additional terms specific to that auction or sales event that are described in the listing of the Assets (each a “Listing”). Each Listing incorporates by reference these T&Cs. The more stringent or specific additional terms and conditions of a Listing take priority over these T&Cs if a conflict arises between them, except to the extent such additional terms and conditions adversely affect Liquidity Services or would result in a breach of these T&Cs.
2.Rules for Buyers and Users
When bidding on or buying an Asset, you agree to these rules:
- You must register on our Site and provide us an accurate and verifiable mailing and physical address, telephone number, email address and other requested information;
- You must be a real person, business or legal entity;
- If you are an individual, you must be at least eighteen (18) years of age and able to enter into a legal contract;
- If you are registering on behalf of a business or legal entity, you must have authority to enter into a legal contract on behalf of that business or legal entity;
- Each bid is irrevocable. If you bid, you agree to pay that bid price for the Asset;
- You cannot bid on your own Asset or Listing;
- You are responsible for reading the full Listing before making a bid;
- You may not copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from our Site or our Services;
- You may not transfer or otherwise provide your username and password to another third party without our consent; provided, however, a username and password for a business entity can be transferred among authorized employees of the same business entity;
- You may not engage in bribery, which we define as giving or offering anything of value in exchange for any unfair economic advantage, and not receive from any employee of Liquidity Services anything of value in exchange for an unfair economic advantage;
- You must comply with all laws and regulations applicable to the purchase of the Assets and their later transport, use, resale or export; and
- You are responsible for all bids placed from your account.
3. Access to our Services and Site
3.1 Restricted Parties. You represent that you and any business or party for which you are acting as an agent are not listed on the U.S. Department of Commerce Denied Persons , Entity or Unverified Lists , the U.S. Department of State’s Debarred and Nonproliferation Lists , or the Specially Designated Nationals List , any European Union Sanctions List , the United Kingdom HMT List , any United Nations Sanctions List , or similar or successor lists, (collectively, the “Restricted Party Lists”) and that if it is discovered that you were on a Restricted Party List, or are an agent for a party on any Restricted Party Lists, any sale resulting from your bid is void, and you are liable to us for all damages resulting from your misrepresentation.
You represent and warrant you are not in an embargoed country nor are you acting on behalf of the government or any person in an embargoed country. The list of embargoes can be found on the US Treasury Website . This list may change occasionally without advance notice.
3.2 One Registration . A limit of one registration per business or individual will be enforced on our Site. We may deactivate duplicate registrations. Please contact customer service if you have multiple registrations. In such cases, we must approve the use of multiple accounts in writing and in advance. Further, a default by one account will automatically impact the related second account except as waived by us in writing.
3.3 Reservation of Rights . We reserve the right to do any of the following up to the time the Assets are removed:
· withdraw any Assets offered for sale;
· if Assets have been grouped together for auction as a single unit (a “ Lot”), combine (including in bulk), sub-divide, alter or amend any Lot;
· regulate bidding on any Online Auction including, but not limited to, refusing to accept any bid or facilitating automatic bids on behalf of buyers;
· delay or rescind the sale of any Asset for any reason;
· delay and/or condition removal from the premises subject to such conditions as we think fit to impose if, in the Seller’s opinion or our opinion, removal of any Assets or part thereof will be likely to cause serious damage to the seller’s premises or any other damage which the buyer is either unable or unwilling to rectify or if any removal is being done without an approved method statement and/or risk assessment where such a statement or assessment is required;
· delay or rescind a transaction if any party should claim possession of or title to all or part of an Asset prior to its removal from the Seller's premises;
If any of the above occur, our liability is limited to only return of the purchase price and any Buyer’s Premium (as defined in 5.9 below) paid for the Assets.
We reserve the right to do any of the following at any time:
· accept or reject all bids or orders;
· limit the bid or order amounts proposed by you, either alone or in the aggregate;
· refuse to do business with any party, including existing and former customers, buyers and sellers;
· limit, suspend, restrict or terminate our Services, your account, your access to our Site and your activities on our Site with or without cause or notice to you;
· limit or cancel quantities purchased per person, per business, per household or per order;
· reject any order or bid;
· revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment received.
We may also modify or discontinue part or all of our Services at any time. We may also condition a bid or order on:
· you providing us with credit information
· you fund earnest money for a bid with us, or
· you entering into a standalone bid deposit agreement and making a bid deposit.
We may apply any earnest money or bid deposit to an invoice for a winning bid or to any past due balances owed.
3.4 Buy-It-Now or Fixed Price Transactions. Transactions on our Secondipity marketplace and certain listings on our other marketplaces specify a fixed price purchase transaction or a buy-it-now option instead of making a bid. Prices and availability of Assets are subject to change without notice.
3.5. Not Mass-Market License . Given that our Site and Services are most suitable to businesses or individuals with experience in purchasing through online sites (i.e., not for personal, family or household use), any rights to use our Site and Services are not mass market or consumer licenses.
3.6 Shill Bidding Strictly Prohibited . To protect the integrity of our Site, we strictly prohibit shill bidding. Shill bidding is the act of bidding on your own Assets, either directly or indirectly, in an effort to artificially raise the price at which your Assets will eventually sell. This includes, but is not limited to, knowingly directing or allowing a third party to perform the artificial bidding against other legitimate bidders in the auction or sales event. Shill bidding is not only a violation of our policy, but shill bidding may also violate the laws of some countries, including the U.S. with respect to certain states, and, therefore, may subject anyone who engages in it to criminal prosecution. Notwithstanding the foregoing and where permitted by law, Liquidity Services may enter bids on the seller’s behalf, including when we act as the seller, up to (but not including) the reserve price on any Assets in any auction conducted pursuant to these T&Cs.
3.7 Restrictions on use of the Site . As a condition of your use of the Site, you shall not:
· upload, post, email, transmit or otherwise make available any content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
· impersonate any person or entity, including, but not limited to, Liquidity Services personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
· use the Site in any way that violates any local, state, provincial, federal, national or international law or regulation or that is prohibited by these T&Cs;
· use the Site in any manner that could damage, disable, overburden, or impair the Site;
· use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Site and the Service;
· take any action that imposes an unreasonable or disproportionately large load on the Site or our infrastructure;
· interfere with or disrupt any computer networks involved in the provision of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
· interfere with any other party's use of the Site;
· use the Site in such a way as to gain unauthorized access to the computer systems of others;
· sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Site, including, but not limited to, your user account and password; or
· use spiders, crawlers, robots or any other similar means to access the Site or substantially download, reproduce or archive any portion of the Site, or otherwise engage in any data-mining activities using the Site or in any commercial use of the information obtained through the Site.
4. Sale Formats
4.1 Sale Formats . Across all of our marketplaces, we provide online listing and auction services that allow bidders to participate in several special sale formats, including, without limitation, allowing bidders to place bids in auctions that take place entirely online (“Online Auctions”) and to make offers on items subject to a negotiated sale procedure (“ Private Treaty Sales”).
4.2 Online Auctions . For Online Auctions on the Site and except as otherwise expressly provided in a Listing, a “Winning Buyer” must meet the Listing requirements, enter the highest bid online and be approved by the seller and Liquidity Services prior to removal of the Assets. By placing a bid on Assets, you represent, warrant and undertake that you have the authority and capacity to enter such bid and close the transaction and that any bid that you make constitutes an irrevocable offer to buy the Assets in question for the full amount of the bid. The Winning Buyer will be legally obligated to complete the transaction with the seller unless the transaction is prohibited by these T&Cs or by law.
Each bidder is solely responsible for checking the Site or taking such other actions as are appropriate to learn of changes to a Listing, including changes to the closing date or time. We will not be responsible for notifying any bidder of a change in any Listing. You bear the sole risk of transmitting bids so that such bids are received prior to close of the Online Auction. For Online Auctions, posted closing times and displays of current time on our Site are approximate. In addition, we reserve the right to close early or extend Online Auctions at our discretion.
4.3 No Minimum Auctions Compared to Reserve Auctions . For an Online Auction with “No Minimum,” bidding starts with the bid increment and the Winning Buyer is the highest bidder. Sellers may set a reserve price for an Asset. At our or a seller’s own discretion, the Site may or may not display the reserve price for a Listing. For an Online Auction “With Reserve ”, the Winning Buyer is the highest bidder who exceeds the reserve price, who meets the Listing requirements and is approved by the seller and Liquidity Services prior to removal of the Assets. If the highest bidder in an Online Auction “With Reserve” is below the reserve price, such bidder’s bid will be presented to the seller who may accept, reject or counter the bid. At an auction’s conclusion, a seller may elect that the reserve price be decreased to the level of the highest autobid if that bid is below the current reserve price with the effect that the highest autobid may be accepted.
4.4 Private Treaty Sales . Private Treaty Sales managed by us are listed online as a Private Treaty transaction type. In a Private Treaty Sale, bidders make a binding offer for Assets through the “Submit Offer” option. By submitting an offer, you represent, warrant and undertake that you have the authority and capacity to make such an offer and purchase the Assets and that any offer that you make constitutes an irrevocable offer to buy the Assets for the full offer amount. Sellers have thirty (30) calendar days (unless a different time period is stated in the Listing) to accept such offer. Once the offer is accepted, it becomes binding on the bidder.
4.5 Sealed Bid and Buy It Now . Sealed Bids are timed events where bidders are able to submit bids for Assets without seeing bids made by other prospective purchasers. For Sealed Bids and except as otherwise expressly provided in a Listing, a Winning Buyer must meet the Listing requirements, enter the highest bid online and be approved by the seller and Liquidity Services prior to removal of the Assets. By placing a sealed bid on Assets, you represent, warrant and undertake that you have the authority and capacity to enter such bid and close the transaction and that the bid that you make constitutes an irrevocable offer to buy the Assets in question for the full amount of the bid. The Winning Buyer will be legally obligated to complete the transaction with the seller unless the transaction is prohibited by these T&Cs or by law. If you purchase an item on a Buy It Now sale, you must pay the full invoice amount which will include the purchase price together with any other applicable charges and sales tax.
Winning an Online Auction, Make and Offer and Sealed Bid . When an Online Auction, Private Treaty or Sealed Bid in which you have participated closes and you are the Winning Buyer, we will notify you of this by e-mail, including the amount of your winning bid. Non-receipt of a Winning Buyer (or any other) email from us will not release you from your obligation to complete the purchase of the Lot.
If you are a Winning Buyer, you agree to make payment for the total transaction, including the stated Buyer’s Premium, shipping costs, any other amounts specified in the Listing, and all taxes due, if applicable. We may issue invoices in electronic form by email.
5.1 Timing of Payment . Unless otherwise stated in the Listing; in a separate written agreement with us; or in an invoice from us, you must make payment in full within the time set by the marketplace. There will be no extensions of the payment period granted. Interest on overdue amounts will be paid by the buyer at a rate of 18% per annum or at such other maximum rate permitted by law, together with any legal or collection costs incurred by Liquidity Services.
5.2 Set-Offs . We reserve the right to set-off any fees or other amounts you owe us for any reason from any of your funds in our possession or that are paid or received from you for one or more purchases of Assets.
5.3 Holds . We reserve the right to restrict access to funds in your account based on certain factors, including, but not limited to, transaction history, performance, riskiness of the Listing category, government inquiry or investigation, our investigation of an alleged breach of these T&Cs or a breach by the seller of its agreement with us, or a dispute.
5.4 Currency of Payment . Payment shall be made in the currency specified on the relevant listing. Any bank charges in respect of conversion or transfer of monies shall be met by the buyer.
5.5 Forms of Payment . Unless otherwise specified in a Listing or on a marketplace on our Site, acceptable forms of payment include PayPal®, VISA®, MasterCard®, American Express®, cashier’s check, money order, wire transfer and company check with a bank letter of guarantee. Cash payments are not permitted.
5.6 Credit Cards . In certain marketplaces on our Site, a valid credit card must be entered during bid or order submission regardless of the form of payment. Unless otherwise specified by a Listing or a marketplace, credit cards and PayPal accounts may be accepted for up to $5,000. We reserve the right to restrict newly registered buyers from using credit cards and we might require a different form of payment. No charges will be made to the credit card until the sales event has been closed and a Winning Buyer has been determined. We reserve the right to charge a $25.00 fee for any rejected credit card transaction.
5.7 No Third-Party Funds . Except with a cashier’s check or money order from a financial institution or as otherwise approved by us in advance in writing, all funds must come from you and we will not accept third party funds of any kind.
5.8 Charge-Backs . If you attempt to rescind a credit card transaction without our express advance written consent (i.e., a “charge-back”), then we may immediately and permanently de-activate your account in our discretion. If you perform a charge-back after receiving the Assets, we may file charges with the appropriate law enforcement agency and reserve the right to pursue all remedies available to us to recover any incurred damages.
5.9 Buyer’s Premium . A buyer’s premium is a fee charged to you that is a percentage of the sale price (“Buyer’s Premium”). Except for our Secondipity marketplace, we charge an industry standard Buyer’s Premium on each transaction which every buyer is obliged to pay. The Buyer’s Premium is disclosed in the Listing. Usually your Buyer’s Premium is a taxable amount, as it represents the market making Services that you receive from our Site and will be taxed at the appropriate rate depending on the location of the Assets or the location of the Liquidity Services contracting entity. Liquidity Services, when acting as agent for the seller, may also receive a commission from the seller.
5.10 Liquidated Damages for Failure to Pay . Without limiting the foregoing, Winning Buyers will be held liable for any expenses, legal fees, court costs, and other damages incurred by us or the seller for the collection of fees or amounts not paid on the date they are due. If a Winning Buyer does not pay all amounts due in respect of the Assets within the requisite time, the Winning Buyer forfeits all rights to the Asset. Without limiting other claims, damages or other remedies available to Liquidity Services, upon winning an auction or sales event and failing to complete a transaction in the required time, a Winning Buyer agrees to pay liquidated damages in the amount of the greater of: two hundred dollars ($200) or up to 40% of the winning bid or offer price for each unpaid Listing of Assets.
6. Inspection of Assets
6.1 Inspection . Some Listings permit inspection prior to or during bidding or ordering. Sometimes, inspection requires an advance appointment or viewing Assets at specified public viewing times. Unless otherwise stated in a Listing every Asset offered for sale is used and may contain defects. If you bid or order without having inspected the Assets, you do so at your own risk. In the event, you are permitted to inspect the Assets, you must satisfy yourself with the condition of the Assets prior to bidding and you are not permitted to make any claim in respect of the Assets. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate Assets for your needs. Where advance inspection is prohibited, you must submit a dispute to the seller and us prior to removal of the Assets, regardless whether you or a third-party carrier picks up the Assets or arranges transportation. No disputes will be processed after removal of the Assets from the site by you or by your third-party carrier.
6.2 Personal and Property Risk . Persons attending during exhibition, inspection or sale of Assets assume all risks of damage of or loss to their person and property and specifically release the seller and Liquidity Services from any liability and are obliged to comply with all relevant health and safety obligations.
7. Delivery of Assets
7.1 Shift of Risk of Loss and Title Transfer . Unless specified otherwise in a Listing, delivery of the Assets is Ex Works the location of the Assets (Incoterms 2010) and title to the Assets will transfer to the buyer following receipt of all funds and upon removal of the Assets from the facility where the Assets are located (“ Removal Location”). Buyer is responsible for all title, registration, freight and transportation costs and shall use the Assets in accordance with all applicable laws.
7.2 Removal of Purchased Property . You agree to remove Assets purchased by you from the Removal Location where the Assets are located during normal business hours in accordance with the removal terms and within the time frame specified in the Listing or, if no time frame is specified, within the time set by us. We may amend the timeframe for removal and any removal terms at any time. Time is of the essence in respect of removal of the Assets. You may have to schedule an appointment in advance with the seller operating the Removal Location and to only remove Assets under the supervision and pursuant to the instructions of the seller, Liquidity Services or one of our agents or appointed representatives. You may also be required to provide method statements and/or risk assessments and proof of adequate insurance for the removal of Assets to the satisfaction of the seller where the Assets require dismantling, rigging or hot cutting (or as otherwise required by the seller). You need to check the Listing for details. We or the seller must receive payment for Assets prior to their removal. If we or the seller voluntarily extend the removal period to accommodate your needs, you understand and accept that any liability and risk of loss does not rest with us or the seller but is at your own risk. To the extent you do want to limit your risk of loss you are responsible for insuring any risk of loss.
Unless stated otherwise in a Listing, all Assets sold in Lots include dunnage (cartons, pallets, shrink-wrap, bands, crates, etc.), and you must remove the entire Lot. You are responsible for the disposal of your unwanted Assets and dunnage. You agree to defend and indemnify Liquidity Services and the seller against any claims brought by third parties related to your removal and transportation of any Assets. If you fail to remove the Assets in accordance with the removal terms (including by the time specified in the Listing), such Assets may be deemed abandoned and we shall be able to rely on the remedies set out in clause 7.7 below.
7.3 Buyer Responsibility for Loading and Transportation . Unless otherwise agreed to between a seller and you, you are responsible for the removal and transportation of the Assets you purchase, including all costs and risks associated with removal and shipping of the Assets.
Absent an express written agreement, we will not provide any support other than as set out in these T&Cs including but limited to not:
· giving any start-up assistance or trouble shooting support during any reassembly of Asset; or
· performing the role of shipper or exporter.
Your employees, agents and subcontractors are responsible for compliance with all federal, state, local and facility (the Removal Location) security, environmental, safety and health laws and regulations while removing and shipping Assets purchased by you. You are responsible for any damage to property, including spills or releases of hazardous substances, which might occur during the removal process.
7.4 Tailgate Loading Assistance at Certain Liquidity Services Warehouse Facilities . In our discretion, we will sometimes provide a free tailgate loading at certain Liquidity Services warehouse facilities. We do not guarantee providing this service and we will NOT guarantee a specific loading time. In consideration for this ‘no cost’ tailgate loading service, you agree to release, defend and indemnify us against third party claims, and hold us harmless and waive any claims, causes of actions, damages (including consequential damages or loss of use) or liabilities of any kind or nature associated with or caused by the tailgate loading service.
7.5 Buyer Required to Have Insurance Covering Its Loading and Transportation of Assets . To pick up the Assets, you and your agents must maintain adequate automobile and commercial general liability insurance, and minimum legally required workers compensation for your employees picking up the Assets. Upon request, you will provide us and/or the seller with proof of such insurance and, upon request, you will name us and/or the seller as an additional insured to your policies.
7.6 Personal and Property Risk . If you bring employees or third parties to attend or assist in the removal of Assets, you assume all risks of damage of or loss to their person and property and specifically agree to defend and indemnify the seller and Liquidity Services from any and all liability for such risks.
7.7 Abandoned Assets . We are not responsible for Assets not removed within the removal period specified in the Listing, or by us. If the Assets are not removed within the specified removal period and you have not received written confirmation of an extension to such removal period from us or the seller, we will consider that you have breached these T&Cs and abandoned the Assets. Accordingly, you will have abandoned all right, title and interest in the Assets, including their purchase price. We will provide you a notice of breach of the T&Cs and if such breach is not cured within five (5) business days, we may dispose, resell or destroy any abandoned Assets at your cost and expense without obligation to refund any previous payments for the Assets. We are also entitled to charge you additional storage and handling fees for each day after your scheduled removal date.
7.8 Utilities . Liquidity Services shall have no responsibility to disconnect utilities to any sold Asset, including electric, gas, waste and water lines.
7.9 Seller’s Removal Location is a Potentially Dangerous Place . You acknowledge that the seller's Removal Location is a potentially dangerous place. In the case of some Assets, flammable, noxious, corrosive and pressurized substances may be present at a Removal Location. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the Removal Location at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted at the Removal Location. You will advise your agents and employees of these risks. No person shall have any claim against Liquidity Services, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the Removal Location. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the gross negligence or willful misconduct of Liquidity Services or the seller.
8. Rules Specific to Assets from the Department of Defense
Sales of Assets from the Department of Defense have special, additional rules. All such sales are subject to these Special Rules for Government Liquidation . Such rules are hereby incorporated by reference into these T&Cs.
9. Intellectual Property Rights
9.1 Trademarks and Publicity . You have no rights to display or use Liquidity Services’ tradenames, domain names, trademarks or service marks without our express written permission which we may withhold in our discretion.
9.2 Liquidity Services’ Ownership of Intellectual Property related to our Services and Site . You acknowledge and agree that our Services, our Site and any software and information used in connection with our Site (“Software”) contain proprietary and confidential information protected by intellectual property and other laws. You further acknowledge and agree that any content on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
9.3 Listing Data . You may not: (i) record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Site (collectively, “Listing Data”); (ii) frame or utilize any framing technique to enclose any Listing Date; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Site; or (iv) access the Site for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Liquidity Services. We own all right, title and interest in, or have a valid sublicense in, all Listing Data.
Notwithstanding these T&Cs or any written agreement entered into with you, Liquidity Services may: (1) gather transaction data from sellers, buyers, including you, to improve its marketplaces and its Services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on the sale and purchase of Assets on the Site for Liquidity Services’ analytical and other business purposes; provided, however with either (1) or (2) that we will not identify you as the source of such information to any third party. In the event of a sale of a marketplace or its assets to a third-party purchaser, we may transfer Listing Data and information related to your account if you have purchased Assets on that marketplace. Listing Data includes all such transaction and aggregate transactional data.
9.4 Trade Secrets . You acknowledge and agree that our Software and Listing Data constitute trade secrets protected under the Maryland Computer Information Transaction Act (“MCITA”).
9.5 Ownership of Intellectual Property in Assets . You acknowledge that any software or intellectual property rights attaching to an Asset may not be the property of the seller or capable of transfer by the seller unless expressly stated in a Listing. Neither the seller nor Liquidity Services is in any way authorizing the use by you of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at your sole risk.
10. Disclaimer of Warranties
10.1 Our Services . We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or our Site. Bid or order update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.
You agree that you are making use of our Services at your own risk, and that OUR SERVICES are being provided to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
10.2 Assets . Unless expressly stated otherwise in writing in a Listing, if you purchase Assets or place bids on or submit AN OFFER ON OR order Assets, you agree to accept such Assets AS IS, WHERE IS AND WITH ALL FAULTS.
UNLESS EXPRESSLY STATED IN WRITING IN THE LISTING, WE AND OUR SELLERS DISCLAIM TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ASSETS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ASSETS ARE FREE FROM LATENT DEFECTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, NATURE, CONDITION, GENUINENESS, AUTHENTICITY OR COMPOSITION OF THE ASSETS OR REGARDING THE COMPLIANCE OF THE ASSETS WITH THE REQUIREMENTS OF ANY SPECIFICATIONS, LAWS OR REGULATIONS. YOU AGREE TO REPAIR, AT YOUR COST, ANY LOT PURCHASED TO A SAFE OPERATING CONDITION AND, WITHOUT LIMITATION, TO A CONDITION WHICH MEETS ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION INCLUDING THOSE CONCERNING ANY USE TO WHICH THE LOT MAY BE PUT.
YOU ARE SOLELY RESPONSIBLE FOR THE ASSETS’ ABILITY TO ACHIEVE THE RESULTS YOU INTEND.
WE DISCLAIM ANY WARRANTY OR OTHER OBLIGATION ON ACCOUNT OF ANY CLAIM OF INFRINGEMENT OR MISSAPPROROIATION OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH THE ASSETS.
UNLESS OTHERWISE STATED IN A LISTING, PHOTOGRAPHS, VIDEO, AND WRITTEN DESCRIPTIONS ARE NOT INTENDED AS REPRESENTATIONS, BUT ARE PROVIDED SOLELY TO AID YOU IN DETERMINING WHICH LISTINGS YOU WISH TO PHYSICALLY INSPECT.
10.3 Secondipity Marketplace Warranty . Notwithstanding anything to the contrary in the disclaimer set forth above, all Assets purchased via our Secondipity marketplace are warrantied as merchantable for a limited period of thirty (30) calendar days from the date of purchase, but all other disclaimers set forth above apply.
11. Limitation on Liability
To the extent permitted by applicable law, we (including our officers, directors, employees and agents) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental, punitive or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Services or Site;
- Pricing, shipping or other guidance provided by us;
- Delays or disruptions in our Services or Site;
- Viruses or other malicious software obtained by accessing, or linking to, our Services or Site;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services or Site;
- Damage to your hardware device or other computer systems or software from using any of our Services or Site;
- A suspension or other action taken regarding your account;
- Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to these T&Cs, our Services or Site;
- Your inability to import or export Assets, or fines or costs incurred related to the import or export of Assets.
- Any act or omission of a third-party, including without limitation third-party sellers and their agents; or
- Any dispute between you and a third-party seller, including claims relating to Assets sold by such third-party seller on our Site.
You release Liquidity Services, Inc. (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) from claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or connected with the above. Further, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. If you are a California resident, this means you expressly acknowledge and agree to waive both known and unknown claims under the California Civil Code Section 1542, which provides that : “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Regardless of the previous paragraphs, if we are found to be liable for any reason, our liability to you or to any third party is limited as follows:
· If we are the owner and the seller of the Assets, our liability is limited to the (a) purchase price of the Asset (including any applicable sales tax), and (b) any Buyer’s Premium charged on the transaction.
· If a third party is the seller of the Assets, our liability is limited to our Buyer’s Premium charged to you.
Nothing in these T&Cs shall limit or exclude liability for death or personal injury resulting from the gross negligence or willful misconduct of seller or Liquidity Services or their respective employees or agents or any other statutory or other liability which cannot be limited or excluded under applicable law.
In the case of Assets located in the United Kingdom, notwithstanding any contrary provision in these T&Cs, neither we nor the seller limits or excludes its liability in respect of fraud, any breach of section 12 of the Sale of Goods Act 1979.
12. Defense and Indemnity
You will defend, indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these T&Cs, your improper use of our Services or our Site, your subsequent sale, use or handling of the Assets, or your breach of any law or the rights of any third party.
13. Disputes Among Buyers, Users and Sellers
13.1 Liquidity Services Arbitrates Disputes Among Users . As a general rule, an accepted bid or order is final. We will not adjust winning bids or orders after an auction or sales event is closed unless we determine in our discretion that the integrity of an auction or sales event was materially compromised. Detailed procedures for submitting disputes and claims for each marketplace can be obtained from customer service and you agree to submit yourself to these processes if a dispute occurs relating to the Assets or any other disputes between a seller and you, and to abide by our decision due to these dispute processes. The dispute resolution process is provided to sellers and buyers as a service, while the contract of sale remains between the seller and buyer. Sellers reserve the right to resell any lots that are subject to a dispute.
13.2 Claims for Incorrect or Inaccurate Description When Inspection Is Expressly Prohibited . If a Listing expressly provides that prior inspection of the Assets is prohibited, you must make a claim for any incorrect or inaccurate Listing description of the Assets prior to the removal of the Assets, regardless of whether you or a third-party carrier picks up the Assets or arranges transportation. In all other circumstances you are not able to make any claim against Liquidity Services or the seller in respect of incorrect or inaccurate Listing description of the Assets. You, your carriers, shipping companies or agents are responsible for unit count of the Assets and verification of Assets purchased at the time of removal. If the Assets are not acceptable for any reason, do not remove them. Once the Assets are removed, you waive any rights to make a claim.
13.3 Limited Claims for Incorrect or Inaccurate Description on www.Liquidation.com , when Inspection is not Permitted. In limited circumstances, our sellers on www.liquidation.com only permit inspection on your receipt of the Assets after their shipment. This may occur where there is no inspection permitted by the seller and the seller or Liquidity Services coordinate shipping of the Assets directly to you. In such circumstances, you must make a claim for any incorrect or inaccurate Listing description of the Assets within three (3) business days after delivery of the Assets to you. Thereafter, your right to make a claim expires. Our customer service department accepts and reviews legitimate claims solely as a service. Liquidity Services is not responsible or liable for any Assets, or Listings of third party sellers. Where you have a legitimate claim, refunds or returns of merchandise must be approved by our customer service department. All decisions of the customer service department are final. Any attempt to rescind a payment or return Assets prior to an authorization by Liquidity Services will cause a delay of claim resolution and may adversely affect your ability to transact additional business. Unauthorized returns will be refused at delivery. When a return is authorized, we or the seller will perform a full inspection of all Assets upon return and units must be the same as when shipped out to you (including serial numbers, accessories, etc.) to be eligible for a full refund. Title to Assets remains with you until the returned Assets are accepted by Liquidity Services or the seller. As a buyer, you agree that Liquidity Services is not responsible for examining or warranting any Listing or content provided by third parties and you will not hold us liable for any inaccuracies.
13.4 Unit Price Transactions and Variances . When Assets are sold on a unit price basis, a seller may reserve the right to vary the quantity delivered by a percentage explicitly disclosed in the Listing. In such cases, you agree to accept any quantity within the disclosed variance limits. Outside these limits, the purchase price will be adjusted upwards or downwards under the quantity actually delivered and accepted by you. You must cooperate and provide all applicable documents to our customer service department in the event of a dispute regarding variances.
13.5 Return Policy on Secondipity . Our Secondipity marketplace permits you to return Assets purchased within thirty (30) calendar days of receipt by mailing the Assets to the applicable marketplace’s return center. Your only option is to receive a credit for your purchase. Please follow the instructions provided by the applicable marketplace’s customer care department.
14. Legal Disputes
14.1 Governing Law . For disputes between you and Liquidity Services entity, these T&Cs will be governed and construed in accordance with the laws set out in the table below without regard to the conflict of law rules of such state. The United Nations Convention on Contracts for the International Sale of Goods do not apply. The terms of the MCITA apply.
Unless otherwise indicated in a Listing, the applicable Liquidity Services contracting entity, notice address, governing law/venue and currency will depend on the location of the Asset at the time of sale, and shall be as set forth in the table below:
Location of Assets at Time of Sale
Liquidity Services Contracting Entity
Legal Notice Address
Governing Law & Choice of Language For Dispute
United States or any other country/region not otherwise specified in this table
Liquidity Services, Inc.
Liquidity Services, Inc.
c/o Corporation Services Company
251 Little Falls Drive
Wilmington, DE 19808
Maryland, United States
Montgomery County, Maryland, US
LSI Liquidity Services Canada, Ltd.
c/o Gowlings Suite 2300, Bentall 5 550 Burrard Street Vancouver, BC V6C 2B5 Canada
Province of Ontario
Province of Ontario
GoIndustry DoveBid (Shanghai) Co. Limited
Liquidity Services (Shanghai) Trading Co. Ltd [when Liquidity Services is acting as reseller only]
Room 208, No.1 building,
People’s Republic of China
Hong Kong arbitration at Hong Kong International Arbitration Centre
Hong Kong and other locations in Asia Pacific not stated (“APAC”)
GoIndustry DoveBid (H.K. Limited)
GoIndustry DoveBid (H.K. Limited), Room 2, 17/F., Metropole Square No.2 On Yiu Street Shatin, New Territories Hong Kong
Hong Kong arbitration at Hong Kong International Arbitration Centre
HK$ or USD$
GoIndustry DoveBid (S) Pte Ltd
GoIndustry DoveBid (S) Pte Ltd
Hong Kong arbitration at Hong Kong International Arbitration Centre
SGD$ or USD$
Liquidity Services Global Solutions Pty. Ltd
Liquidity Services Global Solutions Pty. Ltd, Suite 13, Level 1, 5 Everage Street, Moonee Ponds, Victoria 3039, Australia
Hong Kong arbitration at Hong Kong International Arbitration Centre
For consumers and small businesses only: Queensland Courts
AUD$ or USD$
United Kingdom and European Union
Liquidity Services UK Ltd
Liquidity Services UK Ltd, 3rd Floor, 69 Leadenhall Street, London EC3A 2BG United Kingdom
London Court of International Arbitration
For consumers only: Courts of England and Wales
United Kingdom – GBP
European Union -- Euro
14.2 Jurisdiction . Venue for all disputes arising under or related to these T&Cs will be in accordance with table in Section 14.1. Each party irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
14.3 California Residents Only . If you are a California resident, you may report, in accordance with Cal. Civ. Code §1789.3, any complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.4 Waiver . Our failure to exercise or enforce any right or provision of these T&Cs will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.
15.1 Tax . All bids and orders are made net of any taxes imposed with respect to the purchase. You are liable for all such taxes or for establishing a valid exemption certificate from such taxes. You acknowledge and agree that we are providing a service in the calculation, reporting and remittance of sales or use taxes for transactions that arise in connection with your use of the Site, and you ultimately remain liable for any sales or use tax liability. We are not obligated to refund sales tax due to late submission of sales tax exemption documentation.
15.2 Value Added Tax or General Sales Tax . In some countries such as the United Kingdom, VAT (as defined below) applies to auctions or sales events. All bids and offers are net of any VAT and other indirect taxes imposed regarding the sale or purchase transaction. Buyers are liable for all such taxes for all purchases. The successful bid or offer in respect of any Asset will be exclusive of VAT and other indirect taxes, and the amount payable by you will be increased by VAT and other indirect taxes owed. Similarly, all fees and other amounts payable to us (including Buyer’s Premium) are calculated without regard to VAT so the amount payable by you will be increased for VAT if applicable. The amount payable will be subject to VAT if you do not provide all necessary documentation to the seller required to substantiate a VAT rate other than the standard VAT rate (e.g. 0% export rate or 0% rate for intracommunity supplies within the European Union) which will include: (i) satisfactory proof of export by the buyer; (ii) the corresponding amount of tax refund from the relevant tax authority or the seller and (iii) the relevant tax forms (if applicable). If you have a VAT registration number, you must enter it when registering on our Site and you are required to immediately notify us if it ceases to be valid. You will indemnify us (and our respective officers, directors, agents and employees) against any tax, cost or expense relating to you and/or seller’s failure to satisfy any VAT chargeable in relation to a transaction. For the avoidance of doubt, it is your responsibility to satisfy yourself that any VAT (or similar) charges or related obligations have been met in relation to a transaction. For the purposes of these T&Cs, “VAT” means value added tax as provided for in the EU VAT Directive 2006/112/EEC or similar tax in countries outside the EU.
16. Environmental Responsibility
Certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties. You are cautioned to remove, use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for the public and the environment.
Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances.
Certain Assets may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction.
Winning Buyers must comply with all environmental laws when disposing of Assets, including all laws related to waste disposal, air emissions, discharges, toxic substances and hazardous waste disposal. If you dispose of consumer electronics purchased through our Site or Services, you must dispose of such electronics using a certified electronics recycler (for example, R2 or eSteward certified), and failure to do so may subject your account to restriction and even deactivation, and other legal or equitable remedies that may be available to us. For the avoidance of doubt, Liquidity Services has no duty to remove any hazardous, toxic, corrosive, reactive or ignitable substances that are contained in or are a part of any Asset.
17. Jurisdiction Specific Clauses
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong international Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The seat of arbitration shall be Hong Kong.
The governing law of the arbitration agreement shall be the laws of the PRC.
The arbitral tribunal shall consist of one arbitrator appointed by the HKIAC.
The language of the arbitration shall be Chinese, and the award shall be in Chinese.
Bidder acknowledges that some items in the sale may not, or no longer, conform to the terms of the EU Directive on Machinery as implemented in the National Legislation of the relevant Member Country. Bidder shall determine to its satisfaction as to whether any lot is in conformity. Supporting documents that are not mentioned in the description of the lot are not present. Bidder shall export from the EEA or upgrade within six months, any item purchased that is non-conforming and prior to export or upgrading, the item will not be put into use or traded. Neither Liquidity Services nor any seller make any representation or warranty that the items offered for sale are importable into any country or that all the supporting documentation is present. Bidder agrees that any item purchased for importation into any country will be imported in compliance with the laws and regulations of that country.
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the LCIA Rules in force when the Notice of Arbitration is submitted.
The seat of arbitration shall be London.
The governing law of the arbitration agreement shall be English Law.
The arbitral tribunal shall consist of one arbitrator appointed by the LCIA.
The language of the arbitration shall be English, and the award shall be in English.
Capacity of Liquidity Services
Other than when Liquidity Services is acting a reseller:
· Liquidity Services is authorised by the seller as agent to receive payment for the Asset(s);
· Liquidity Services is appointed as agent and has the authority to negotiate and conclude sales of Assets on behalf of the seller;
· Liquidity Services payment by the buyer to Liquidity Services will fulfil or satisfy the buyer's obligation to pay the purchase price to the seller; and
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong international Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The seat of arbitration shall be Hong Kong.
The governing law of the arbitration agreement shall be English Law.
The arbitral tribunal shall consist of one arbitrator appointed by the HKIAC.
The language of the arbitration shall be English, and the award shall be in English.
18. Communication & Notices
18.1 Electronic Communications . When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on our Site or through the other Services provided through our marketplaces. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18.2 Notice . If to us: Our resident agent for service of process is CSC, whose address is 251 Little Falls Dr., Wilmington DE 19808, United States; Email: firstname.lastname@example.org. Any other legal notice under these T&Cs to Liquidity Services shall be served by hand delivering it or by prepaid recorded or special delivery post or prepaid international recorded airmail to: Legal Department, Liquidity Services, Inc., 6931 Arlington Road, Suite 200, Bethesda, Maryland 20814, USA, fax: (202) 467-4056 or to such other address as Liquidity Services may notify from time to time. All other inquiries shall be address to the customer service .
If to you: Notices under these T&Cs will be given by email to the email address provided to Liquidity Services during your registration, or as subsequently amended by you. Notice shall be deemed given 24 hours after the email is sent. If your email address changes, you are responsible for notifying Liquidity Services of such change by updating your member account profile within the Site.
19.1 Severability . If any provision of these T&Cs is held to be invalid, void or for any reason unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.2 Assignability . In our discretion, we may assign your account and these T&Cs in whole or in part to any purchaser of a marketplace or all or a portion of our business. Users may not assign these T&Cs or their account without our prior written consent.
19.3 Amendments . We may amend these T&Cs (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend these T&Cs includes the right to modify, add to, or remove terms in these T&Cs. All amended terms will automatically be effective after they are posted on our Site. Your continued use of the Site after our posting of any amendment will constitute your acceptance of such changes. Changes to these T&Cs will be effective from the time they are placed on our Site. You will not receive any other notice of a change in these T&Cs outside of posting updates to these T&Cs displayed on our Site.
19.4 Force Majeure . Except for the obligation to pay amounts due to the other party, neither party to these T&Cs will be liable for any delay or failure to comply with its obligations under these T&Cs if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of these T&Cs to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term “force majeure event” means an event beyond the control of either party that prevents one party from complying with any obligations under these T&Cs, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, outage with respect to a third party hosting service (e.g. Microsoft Azure or Amazon AWS) or similar events beyond the reasonable control of a party.
19.5 Records the User’s Responsibility . We do not guarantee the preservation or maintenance of records relating to your transactions or the Services. We encourage you to keep individual records and an accounting of all activity conducted through our Site.
19.6 Independent Contractors . No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these T&Cs.
19.7 Third Party Rights . Sellers and auctioneers listing Assets on our Sites can enforce any term of these T&Cs. Otherwise no other person who is not a party to these T&Cs has no right to enforce any term of these T&Cs. You acknowledge this includes no rights under the United Kingdom’s Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.8 Service Provider . You acknowledge that we are entitled to subcontract any of our contractual obligations or assign any of our rights related to the provision of Services described to third parties selected by us.
19.10 Survival . The following Sections survive any termination of these T&Cs: Payments, Liquidated Damages for Failure to Pay, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Defense and Indemnity; Disputes Among Buyers, Users and Sellers; and Legal Disputes.
19.11 Electronic Signatures in Global and National Commerce Act . Prospective bidders are notified by this statement that you consent to these T&Cs by using this Site and by clicking the electronic link indicating your agreement to be bound to these terms during registration on one of the marketplaces, and you meet the requirements of the Electronic Signatures in Global and National Commerce Act ( ESIGN ), as amended. Changes to these T&Cs will be effective from the time they are placed on our Site. You will not receive any other notice of a change in these T&Cs outside of posting updates to these T&Cs displayed on our Site.
19.12 Copyright & Intellectual Property Policy . We respect the intellectual property of others, and we expect you to do the same. We respond to notices of alleged copyright or other intellectual property infringement. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should contact our Copyright Agent. Provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
19.13 Disclaimer of Third Party Content . While we may provide links to third party sites and services on our Site, they are provided to you solely for informational purposes. You agree that we are not responsible or liable for (a) the availability or accuracy of such sites, services or resources; (b) the content, advertising or products on or available from such sites or resources; or (c) the privacy policies and data collection, use or retention practices of such sites. The inclusion of any link on our Site does not imply that we endorse the linked site. You use such links solely at your own risk
19.14 Class Action Waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, You agree and understand that you will not bring against Liquidity Services, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class, CONSOLIDATED OR REPRESENTATIVE action related to your access to, dealings with, or use of our Site, AND ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
19.15 Liquidity Services’ Discretion . Any and all references in these T&Cs to actions, rights, decisions, options or waivers requiring our discretion shall mean the sole, absolute and unfettered discretion of Liquidity Services.
19.16 GovDeals and AuctionDeals Marketplace Probationary Period Rules . The following GovDeals Marketplace Probationary Period Rules apply solely to transactions on www.GovDeals.com.
Our GovDeals and AuctionDeals marketplace employ a phased entry approach or probationary period for new bidders to place bids and purchase items on our GovDeals and AuctionDeals marketplace. The reason for these rules is that we have experienced a recurring problem with new bidders placing numerous amounts of bids and winning numerous items, but not following through with the payment and pick up process. To limit the frequency of this situation, new bidders are restricted to the number of items they are allowed to bid on during the first ninety (90) days after they register. The probation policy depends on the number of completed transactions and a time period. A completed transaction is an auction that is won, paid for and picked up. The probationary period is made up of three (3) thirty (30) day periods or levels.
Level One. During the first thirty (30) days of probation a bidder may only have three (3) transactions open at any one time. As soon as a transaction is completed another transaction may be opened. At the end of the first thirty-day period if a bidder has a minimum of three (3) completed transactions, they will be moved to Level Two.
Level Two. During the second thirty (30) days of probation a bidder may only have six (6) transactions open at any one time. As soon as a transaction is completed another transaction may be opened. At the end of the second thirty-day period if a bidder has a minimum of six (6) completed transactions, they will be moved to Level Three.
Level Three. During the third thirty (30) days of probation a bidder may only have nine (9) transactions open at any one time. As soon as a transaction is completed another transaction may be opened. At the end of the thirty-day period if a bidder has a minimum of nine (9) completed transactions, they will be removed from probation and will be allowed to bid freely.
To move to the next level both number of completed transactions and time must be met. If the bidder does not want to be restricted to the amount of items they are allowed to purchase during the probationary period, the bidder may send GovDeals a $1,000 refundable deposit and the restriction will be removed from the bidder's account upon receipt of the deposit. The deposit must be made to GovDeals, Inc. in the form of a Certified Cashier's Check or U.S. Postal Money Order. Once the bidder has completed nine (9) transactions, GovDeals/AuctionDeals will return the bidder's deposit after sixty (60) days.
All bidders are continuously monitored based on the number of transactions they have open at any given time. If it is discovered that the bidder is opening multiple accounts in order to circumvent the probationary period, all of the bidder's accounts will be locked and the bidder will be barred from future use of the GovDeals/AuctionDeals online auction website.
If the bidder does not pay for and pick up the items won within the stated time frame, the bidder will be assessed liquidated damages equal to 40% of the successful bid price thereon and, at our discretion, be subject to suspension or de-activation of the bidder's account, which will prevent the bidder from using the GovDeals and other Liquidity Services marketplace on-line auction services in the future. These conditions may be listed in the item's description or linked to from the asset to the terms and conditions. This paragraph notwithstanding, the bidders are not obligated to complete a transaction that is in violation of this Agreement or is otherwise unlawful.
19.17 Notifications for Copyright and Trademark Infringement. Liquidity Services’ designated agent to receive notifications of claimed infringement can be reached by:
Copyright Agent, c/o Legal Department
Liquidity Services, Inc.
6931 Arlington Road, Suite 200,
Bethesda, Maryland 20814
Phone: (202) 467-6868
For additional information regarding this procedure, please reference 17 USC 512.
Related Documents Incorporated by Reference
- Export Policy
- List of Prohibited Assets
- Special Rules for Assets from the U.S. Department of Defense
It is the policy of Liquidity Services, Inc. and its subsidiaries and affiliates (“LSI” or “we”) to comply with all applicable export control laws. Export control laws restrict certain types of information, technologies and assets that can be transmitted or transferred from one country to another or from individuals in one country to individuals in another country. Except as otherwise defined herein, all defined terms shall have the same meaning as given in our User Terms and Conditions Agreement as posted on our website.
- Your purchased Asset may be subject to export restrictions including, but not limited to, the export control laws of the United States, European Union, or other applicable laws. Your purchased Asset may not be eligible for export to your intended destination, or from the country where the Asset is located to any destination, without prior authorization (e.g., export license) from the applicable government. You accept and expressly assume full responsibility for determining licensing requirements and obtaining license authority for the export or import of any Asset you purchase. Diversion of your purchased Asset contrary to applicable law is prohibited.
- Assets will be subject to the export laws of the country in which Asset is located
- Assets may also be subject to the export laws of other countries, depending on the country of manufacture. For example, Assets manufactured in the U.S. are subject to U.S. laws regardless of the location of the sale.
- All Assets are sold ex works. If you wish to ship Assets to a country other than the location of the Asset at the time of sale (“export”), you or your agent will be the exporter from the country of sale and the importer in the destination country. LSI is not the exporter or importer and will not be identified as the exporter or importer on any shipping or export documentation.
- You hereby expressly assume responsibility for determining licensing requirements and obtaining license authority under all applicable export control laws and regulations. If you are not located within the country where the sale occurs, it may be necessary for you to designate an agent by Power of Attorney within the country to be responsible for the export. You hereby expressly agree to take with reasonable diligence all such actions as may be necessary to affect the release of the Assets to you or your agent. You hereby acknowledge and agree that the sale will be cancelled unilaterally by LSI without prior notice and you will immediately forfeit any and all rights in the purchased Assets, including any monies paid to LSI, if LSI discovers, knows, or has reason to know that you or your agent will violate applicable law.
- For sales of Assets located within the U.S.:
- All sales to persons located outside the United States are structured as “routed export transactions” as defined in 15 C.F.R. § 758.3 and 15 C.F.R. § 30.3. In the event that you export Assets purchased from an LSI marketplace, you will be (a) the U.S. Principal Party in Interest; or (b) if you are not eligible to be the U.S. Principal Party in Interest, you will authorize a U.S. agent to be the “Exporter” in accordance with the Foreign Trade Regulations and the Export Administration Regulations. We will not release an Asset sold to a Buyer outside the United States unless and until all appropriate documentation has been provided to LSI to establish a “routed export transaction”.
- Export controls and sanctions are administered by several U.S. Government agencies including, but not limited to: (a) the Directorate of Defense Trade Controls (“DDTC”) which administers export controls applicable to defense services, defense articles, and related technical data controlled under the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. Parts 120-130; (b) the Bureau of Industry and Security (“BIS”) which administers export controls applicable to certain defense, commercial, and “dual-use” items, software, and technology under the Export Administration Regulations (“EAR”), 15 C.F.R. Parts 730-774; and (c) the Office of Foreign Assets Control (“OFAC”) which prohibits certain activities relating to sanctioned countries, persons, and activities.
This notice is not intended to be a comprehensive summary of these laws. It is your responsibility to ensure compliance with applicable laws. For more information on your obligations under U.S. export laws, please consult the appropriate U.S. Government agency.
- For sales of Defense Logistics Service (“DLA”) surplus Assets
- If you purchase an Asset classified as DEMIL B or Q you must complete a DLA Form 1822 (“End-Use Certificate” or EUC”). When an EUC is required to complete the transaction, no property will be released or removed until the EUC is complete and the Assets has been cleared for release by DLA. There will be no exceptions or exclusions to this requirement. The edition of the EUC, DLA Form-1822, provided online is the ONLY valid form accepted for this sales event.
- Once it is determined that you are the high bidder, after the sale close date, the following deadlines apply: You will have seven business days from the sale closing date to submit a completed EUC. If revisions to the EUC are necessary, you will have an additional five business days to make revisions and submit an EUC capable of being accepted by LSI or the DLA Office of Criminal Investigations Trade Security Control (“TSC”) Office, whichever will be reviewing the EUC. Buyers who have not submitted an acceptable EUC within 12 business days will have their winning bids voided and liquidated damages assessed equal to the greater of 25% of the winning bid or thirty dollars ($30).
- You are responsible to ensure the EUC is complete, correct and legible. You understand that LSI does not control the amount of time required for approval or the final decision to allow or disallow the release of the property to the individuals completing and filing the EUC
- DLA surplus assets are subject to DEMIL Code changes as imposed by the DLA Disposition Services or the U.S. Government. If an item's DEMIL status changes to “B” or “Q”, you agree to complete a DLA Form-1822 when informed of the change, if requested.
- Sales of DLA Assets for which EUCs have not been approved by TSC within 60 days of submission may be canceled by LSI at our sole discretion.
- All sales of Asssets requiring an EUC must be to a U.S. person.
- LSI and its subsidiaries world-wide comply with U.S. sanctions laws, and the sanctions laws of the countries in which it operates. Under various U.S. sanctions programs, an Asset may not be acquired for, shipped to, transferred (in-country), or re-exported, directly or indirectly, to or for (a) prohibited persons; (b) countries subject to U.S. sanctions; or (c) restricted end-uses such as, but not limited to, weapons of mass destruction, nuclear activities, chemical/biological weapons, or missile projects, unless specifically authorized by the U.S. Government for such purposes. You will comply strictly with all U.S. law, as well any other applicable law such as the law of the country in which the Assets are located, and assume sole responsibility for obtaining appropriate authorizations from the applicable government to export, re-export or transfer as may be required.
- Any Assets manufactured or purchased from locations in the U.S. should be considered “U.S. Origin” Assets. For a full definition of “U.S. Origin”, please refer to the U.S. Bureau of Industry and Security's website. You may not, without prior U.S. Government authorization, export, re-export, or transfer any U.S. Origin Assets, including, goods, software, or technology, either directly or indirectly, to any person who may be restricted by U.S. law, including, but not limited to, those persons identified in the Denied Persons List, Entity List, Unverified List, the U.S. Department of State's Debarred and Nonproliferation Lists, or the Specially Designated Nationals List.
- You agree to cooperate fully with any request from LSI relating to your compliance with this Policy, including, but not limited to, providing copies of shipping records or allowing LSI to inspect original documents upon request.
- Failure to comply with the export and sanctions laws of the U.S. or any other applicable country may result in fines and penalties, up to and including imprisonment and detention, seizure, or forfeiture of the purchased Asset, in addition to delays in the delivery or use of purchased Asset.
- Products subject to recall;
- Products produced, manufactured or packaged by forced prison labor or child labor;
- Pornography in any form of media;
- Alcoholic beverages, cigars, cigarettes or tobacco products;
- Live animals or taxidermy;
- Grave or other funeral-related items;
- Charity fundraising activities;
- Used cosmetics;
- Credit or debit cards;
- Gift cards;
- Illegal and prescription drugs, illegal drug paraphernalia, and materials describing how to make illegal drugs;
- Embargoed Assets from prohibited countries currently listed by the U.S. Office of Foreign Assets Control;
- Government documents, government identifications, and government licenses;
- Human parts or human remains;
- Surveillance equipment (including but not limited to lock picking devices, wiretapping devices, telephone bugging devices);
- Event tickets;
- Lottery tickets;
- Mailing lists and personal consumer information;
- Manufacturer's coupons;
- Federal or state regulated medical devices;
- Plants (including live plants and seeds);
- Firewood or lumber (not including artificial or manufactured firelogs);
- Postage meters or stamps;
- Real estate;
- Stocks and other securities;
- Travel services;
- Products containing ingredients that are regulated by the U.S. Drug Enforcement Administration as a controlled substance or listed chemical;
- Textile fiber, fur or wool products misbranded or falsely or deceptively labelled or advertised under the Textile Fiber Products Identification Act, the Fur Protection Labelling Act, the Wool Products Labelling Act and the rules and regulations promulgated under such Acts; or
- Illegal products, illegal services, stolen or recalled products.
Surplus Acquisition Venture, LLC ("SAV"), and DOD Surplus, LLC ("DS") are companies established by Liquidity Services, Inc. to administer the sale of Useable Surplus (as defined below) by SAV and Scrap Material (as defined below) by DS for the U.S. Defense Logistics Agency ("DLA") Disposition Services, other agencies of the U.S. Government and their contractors (collectively, the "U.S. Government") and other persons, organizations or agencies selling Assets consistent with our DLA Disposition Services offerings (collectively, "Sellers"). Government Liquidation and Uncle Sam's Retail Outlet (collectively, "GL") are the marketplaces from which we sell all Assets constituting Usable Surplus or Scrape Material, and is the name you will encounter most often in communications, on our web site, and in direct dealings with our employees. Contracts, invoices and some other correspondence may be sent in the name of SAV, GL or DS. We have two (2) companies simply because we are required to do so under our sales contracts with the DLA Disposition Services. We refer to Surplus Acquisition Venture, LLC, and DOD Surplus, LLC both as GL.
These Special Rules for Government Liquidation supplement the Buyer Terms and Conditions solely with respect to sales on a GL marketplace on the Site. In the event of a conflict between the Buyer Terms and Conditions and these Special Rules for Government Liquidation, these special rules will govern. have priority.
Definitions Specific to Government Liquidation. The following are definitions specific to GL transactions, all other capitalized terms not defined in these Special Rules for Government Liquidation have the meanings set forth in the Buyer Terms and Conditions:
A "Term Contract" is an agreement between GL and a buyer in which GL will deliver specific Assets to a buyer at a specific location or locations for a specific period of time, not less than one hundred eighty (180) calendar days (six months). Term Contracts are governed by specific terms and conditions that are in addition to the Buyer Terms and Conditions. Buyers are billed on Term Contracts based on deliveries made by GL.
A "Spot Sale" is an Agreement between GL and a buyer in which GL will deliver specific Assets to a buyer at a specific location or locations for a specific period of time, not more than one hundred seventy nine (179) calendar days (one day short of six months). Buyers are invoiced for the entire bid amount, buyer's premium and any applicable taxes at the time they are notified of being the Winning Buyer their high bid. Any adjustment based on actual deliveries made to the buyer will be made after all Assets have been removed by the buyer
"Useable Surplus" is an Asset sold for its originally intended purpose, or a reasonable alternative purpose, which may require substantial repair, refurbishment or replacement of parts or components, or modification, but is nonetheless sold for some purpose other than the value of its material.
"Scrap Materials" are Assets sold for their material content value, and for which it is not intended that the Assets or any of its parts or components be used for their originally intended purpose. Scrap Material can be identified by the grey recycling symbol () as outlined under the Government Liquidation Event Calendar legend. The Listing is also another way to identify Scrap Materials. Most Scrap Materials are sold with a requirement that it be mutilated beyond any ability to reconstitute it for its originally intended purpose. Most Scrap Material is sold by weight; however, some Scrap Material is sold by unit. Where mutilation of the Scrap Material is not required, the Scrap Material may be sold by units rather than by weight. Some Assets sold with a unit quantity may still require mutilation. The absence of a requirement to mutilate should not be construed as an implication by us that the Assets are fit for their originally intended purpose or should be purchased with a useable purpose in mind.
Special Eligibility Requirements.
In addition to the Buyer Requirements set forth in Section 2 of the Terms and Conditions, you must meet the following requirements:
- Receive a Trade Security Control ("TSC") clearance to buy any Assets that require such a clearance; and
- Agree to abide by any existing access, security, conduct, environmental, health, and safety regulations at any military installation from which you pick up Assets or at which you wish to inspect Assets prior to placing a bid or order
Special Rules for Payment for Assets.
SCRAP DEMIL B AND Q PROPERTY SOLD IN SCRAP SALES, UNLESS BEING OFFERED UNDER A TERM CONTRACT SALE, WILL BE INVOICED IMMEDIATELY UPON THE DETERMINATION OF A WINNING BUYER FOR THE ENTIRE AMOUNT DUE, AND MUST BE PAID WITHIN THREE (3) BUSINESS DAYS OF NOTICE OF AMOUNT DUE. Credit cards submitted online will automatically be charged the full amount of your purchase (including buyer's premium and taxes) the next business day after the sale closes, unless the total amount due exceeds $10,000, unless otherwise noted on our Site, and unless you contact us prior to the close of the sale to specify alternative payment arrangements. No charges will be made to the credit card until the sales event has been closed and a Winning Buyer has been determined.
Unless otherwise indicated in another written agreement with GL, all payments must be received within three (3) business days of the date of the invoice. For purposes of calculating time, the date of the invoice will not be counted as the first day.
In the event you fail to pay the entire purchase price within the time set forth by us or fail to comply with any of this User Agreement, we will assess as liquidated damages the greater of 25% of the winning bid or thirty (30) dollars. Note: Refunds will not be issued for amounts less than $2.50 nor will invoices be issued for sums less than $2.50.
We reserve the right to require an earnest money deposit prior to or during bidding on certain Listings at our sole discretion. We will notify potential bidders via language on the Listing details page of any earnest money deposits required prior to bidding. Deposits from Winning Buyers will be retained and applied to (1) any past due balances owed by the customer or (2) the pending invoice, in that order. Deposits from non-winning bidders will be returned. For term contract sales, the earnest money deposit will be 25% of the high bid amount unless the Winning Buyer has previously successfully performed a term contract with GL, in which case the earnest money deposit requirement will be 10% of the high bid amount.
Restricted Parties. You represent that you and the business for which you are acting as an agent are not an excluded party listed on the System for Award Management (SAM), that is maintained at www.sam.gov, or any successor website to www.sam.gov, and that if it is discovered that you were an excluded party at the time you bid, any sale resulting from your bid is void, and you are liable to LSI for damages resulting from your misrepresentation.
Your purchased commodity may be subject to United States export control laws. Diversion of such materials contrary to United States law is prohibited." See the Liquidity Services Export Policy for further information on import restrictions. A commodity subject to U.S. export control laws may not be acquired for, shipped to, transferred (in-country), or re-exported, directly or indirectly to, prohibited entities or persons, or sanctioned or embargoed countries or their nationals, nor may it be used in support of restricted end-uses such as, but not limited to, nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You will comply strictly with all United States export laws and assume sole responsibility for obtaining appropriate export authorizations to export, re-export or transfer as may be required.
You may not, without prior U.S. Government authorization, export, re-export, or transfer any goods, software, or technology, either directly or indirectly, to any person, or entity named in the following, but not limited to, U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred and Nonproliferation Lists, the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, or Executive Order 13315. Export controls are administered by several U.S. Government agencies including, but not limited to: the U.S. Department of State Directorate of Defense Trade Controls ("DDTC") which administers export control of defense articles controlled under the International Traffic in Arms Regulations ("ITAR") 22 C.F.R. 120-130; the U.S. Department of Commerce Bureau of Industry and Security ("BIS") which administers export control of so-called "dual-use" technology exports controlled under the Export Administration Regulations (EAR) 15 C.F.R. 730-774; and the U.S. Department of the Treasury Office of Foreign Assets Control ("OFAC") which administers exports to embargoed countries and designated entities.
This notice is not intended to be a comprehensive summary of the export laws. It is your responsibility to ensure compliance with applicable laws. For more information on your obligations under U.S. export laws, please consult:
U.S. Department of Commerce, Bureau of Industry and Security (BIS)
U.S. Department of State, Directorate of Defense Trade Controls (DDTC)
U.S. Department of Treasury, Office of Foreign Assets Control (OFAC)
We do not sell or assist sellers in the sale of Assets to persons from the countries that are prohibited from receiving transfers of military equipment or technology. Please check with the appropriate government agency for a current list of prohibited countries. Buyers are advised that purchasing from us and then reselling or attempting to export to these countries is prohibited. The list of prohibited countries is subject to change at the discretion of the U.S. Government.
You must obtain proper export authorizations, as may be required, prior to our transfer of title and release of goods. You are encouraged to seek expert legal advice regarding export licensing. We may assist buyers by providing information related to applying for an export authorization, including information, for the purpose of completing required export license applications, US PPI information, or other forms.
NOTE: Export license applications for the export of horses by sea for the purposes of slaughter will be denied.
End-Use Certificates (EUC).
GOVERNMENT LIQUIDATION WILL NOT SELL ANY DEMIL B OR Q PROPERTY WITHOUT AN APPROVED END-USE CERTIFICATE ("EUC"). When an EUC is required to complete the transaction, no Assets will be released or removed until all certificates are filed and the Asset has been cleared for release. Where an EUC is required, the Asset will only be sold to U.S. persons. There will be no exceptions or exclusions to this requirement. The edition of the EUC, DLA Form-1822, provided online is the ONLY valid form accepted for this sales event. Once it is determined that you are the Winning Buyer, after the sale close date, the following deadlines apply: You will have seven (7) business days from the sale closing date to submit a completed EUC. If revisions to the EUC are necessary, you will have an additional five business days to make revisions and submit an EUC capable of being accepted by GL or the DLA Office of Criminal Investigations Trade Security Control ("TSC") Office, whichever will be reviewing the EUC. Buyers who have not submitted an acceptable EUC (DLA Form-1822) within twelve (12) business days will have their winning bids voided and liquidated damages assessed equal to the greater of 25% of the winning bid or thirty dollars ($30).
The requirement that the EUC be complete, correct and legible is your obligation. We do not control the amount of time required for approval or the final decision to allow or disallow the release of the Asset to the individuals completing and filing the EUC.
Prospective buyers of Assets originating from the DLA Disposition Services or the U.S. Government are notified that Assets sold are subject to Demil Code changes as imposed by the DLA Disposition Services or the U.S. Government. If an Asset's Demil status changes to "B" or "Q", you agree to complete a DLA Form-1822 when informed of the change, and if requested by the U.S. Government. Buyers will be notified in writing, with an explanation of the Listing and Asset in question, and a copy of the End-Use Certificate will be provided for completion. This becomes a condition of sale.
Sales of DLA Disposition Services origin Assets for which EUCs have not been approved by TSC within 60 days of submission will be canceled by GL at our sole discretion without liquidated damages to the buyer.
Special Rules Pertaining to Assets Auctioned or Sold on GL marketplace.
The information and descriptions found in the advertising materials for specific auctions or sales events are not guaranteed. We neither assume responsibility nor make any warranty regarding the sale's contents. Condition codes, National Stock Numbers (NSN), Local Stock Numbers (LSN), National Item Identification Numbers (NIIN), and Scrap Condition List (SCL) codes are provided as received from the DLA Disposition Services as assistance to our buyers. We do not guarantee the accuracy of this information. It is your responsibility to verify an Asset's information and description, including, but not limited to, product condition, estimated weight, count, measure or other factors that determine the bid price.
Special Rules for Bidding on and Paying for Scrap Materials.
Assets offered for sale as Scrap Material or "scrap" require mutilation or demilitarization as a condition of sale. These Assets must be totally destroyed prior to re-sale or export and must be rendered useless beyond the possibility of restoration within thirty (30) calendar days of the removal of the Asset from the location of the sale, unless otherwise agreed to in writing by an authorized GL representative. IF MUTILATION OR OTHER DESTRUCTIVE SCRAPPING IS NOT REQUIRED, IT WILL BE ANNOUNCED IN THE LISTING AT THE TIME OF THE OFFERING. GL must witness the mutilation of any Scrap Material requiring mutilation that has not been mutilated prior to sale. You agree to allow GL personnel access to your facility to witness such mutilation as is required. Mutilation may be accomplished at the local DLA Disposition Services site (where an Asset is located) prior to removal if permitted by the DLA Disposition Services - Battle Creek, MI, or at the buyer's facility. The DLA Disposition Services or its designated U.S. Government representatives may accompany GL in witnessing the mutilation of the Asset, and you agree to allow such people to witness the mutilation of the Asset. GL personnel, in their sole discretion, will determine whether or not mutilation has been accomplished.
Unless a Listing expressly states that scrapping is not required, your act of bidding for Scrap Materials on our Site will constitute an acknowledgement of your responsibility to perform destructive mutilation and demilitarization of any Assets purchased by you.
SCRAP MATERIALS ARE SOLD BY COMMODITY, AND WE RESERVE THE RIGHT TO REMOVE ASSETS FROM ANY SCRAP MATERIAL ACCUMULATION THAT ARE OUTSIDE OF THE SCOPE OF THE COMMODITY ADVERTISED FOR IN THE AUCTION OR SALES EVENT. For example, if an accumulation of Scrap Material contains both ferrous and non-ferrous material, but the Listing is described as 50,000 lbs. of heavy unprepared iron and steel, you will not be permitted to remove as part of the Listing, aluminum or copper, which was located in the same scrap accumulation at the time you inspected the Assets.
Bidding on Scrap Materials is based on price. However, when the lot is advertised with a weight quantity, the actual amount due will be determined based on the actual weight removed multiplied by a unit price per pound. This price per pound will be calculated by taking the total price bid divided by the estimated weight of the Asset. There will be no adjustments made for weight variances between the estimated weight and the actual weight that result in a discrepancy equaling a refund or supplemental invoice of two hundred fifty dollars ($250) or less. Variances that exceed two hundred fifty dollars ($250) will be adjusted for the full amount of the variance.
No allowance for pallets, spools, drums or any other materials included in or with the material (sometimes referred to as "dunnage") loaded out will be permitted in calculating the total weight of the Scrap Materials purchased.
When our representatives are unavailable to weigh out your truck, weight tickets from a licensed or certified third-party public scale will be required for all scrap sales. Failure to provide weight tickets will result in pricing at 2.5 times the maximum legal load capacity of the container used to remove the Asset. Estimated amounts will be adjusted upon the receipt of weight tickets from a third-party licensed or certified public scale. Falsification of weight tickets will result in your immediate banning from future bidding, and referral to appropriate law enforcement authorities.
Demilitarization as a Condition of Sale Assets.
Demilitarization as a Condition of Sale ("DCS") Assets are Assets that must be demilitarized pursuant to applicable Department of Defense regulations before title to the residue can pass to the buyer. We will advise you of the demilitarization procedures for DCS Assets offered for sale on our Site. Demilitarization will be effected by melting, popping, crushing, deforming, or otherwise mutilating the Asset so as to completely destroy its military purposes. The use of precision torch fixtures, saws, tools of any kind to minimize mutilation or demilitarization is forbidden. Buyers of DCS Assets are subject to surveillance and verification by the Department of Defense. Failure to perform the required demilitarization within thirty (30) days of Asset removal may result in the buyer being referred to the Defense Logistics Agency ("DLA") Office of Criminal Investigations ("DCIA") or other appropriate enforcement authorities, as well as the suspension of bidding privileges with us. You represent that only U.S. persons (U.S. citizens or legal permanent residents) will perform or have access to the demilitarization procedures communicated by GL.
You agree that you are not purchasing any shell cases for military use. You agree that you will not, directly or indirectly, use or dispose of in any fashion the Assets for military use. You agree that you will include this clause in its entirety in any later sale or transfer of title, or possession by you or your successor in title or interest. You agree that the Assets will not be exported for military use and, if exported for any reason, a full disclosure of their origin by reference to our Listing will be made to the appropriate export licensing department or agency. Any Assets you plan to export must be completely destroyed prior to exportation.
Demil Code Changes " Return of Restricted Property.
In the event that DLA Disposition Services changes a Demil Code for an Asset or determines that Assets offered for sale by GL may not be sold, or must be sold with additional restrictions, GL may withdraw such Assets from sale or place additional restrictions on the sale at any time prior to the removal of the Assets by the buyer. The buyer will be limited in remedy to a refund of the purchase price and cancellation of the sale.
Assets sold by us, which are changed to a Demil Code status of other than B or Q from Demil Codes A, B or Q, or are otherwise determined to be restricted by DLA Disposition Services or the U.S. Government, must be returned by you to the nearest DLA Disposition Services facility or other U.S. Government facility (if not originating from DLA), and you will be reimbursed for the purchase price and any documented transportation costs incurred by you. If you have already transferred the Assets to another party, you agree to provide the name and contact information of that party to the Department of Defense or other federal government agency charged with the investigation of the transfer or recovery of the Assets. Your failure to cooperate in returning these Assets, providing contact information of transferees or completing and submitting EUCs upon any Demil Code change may constitute grounds for suspension of your account and prohibition from bidding in future GL or U.S. Government sales, and we reserve the right to suspend your participation without providing you any additional notice or warning.
In the event that a buyer is requested to return Assets subsequently determined by the DLA Disposition Services or the U.S. Government to be restricted, buyer understands that any certification to GL regarding what has been returned will be forwarded to the U.S. Government and be the basis for determining any refund due the buyer. If you falsely claim a refund for Assets you have not returned to DLA Disposition Services or the U.S. Government, you may be liable under the False Claims Act, 18 U.S.C. 287. Included with the request to return Assets, you will receive contact information for our designated carrier, who will be responsible for returning the Assets to the U.S. Government at no cost to the buyer.
You agree to cooperate with DLA Disposition Services and the U.S. Government in the recovery of Assets that were sold to you, which are later determined to have been restricted, and understand that if you fail to do so you will be deemed by the DLA Disposition Services or the U.S. Government to be "uncooperative" and may be denied access to future sales events at the discretion of the DLA Disposition Services or the U.S. Government.
Hazardous Components or Constituents.
According to the terms of our contract with the DLA Disposition Services, GL sells only useable electronic devices, including reparable devices. GL makes no warranties or representations regarding the electronic devices it sells, and strongly encourages bidders to personally inspect Assets prior to bidding. Any device which is damaged in transit or is found to be cracked, shattered or broken may subject the buyer to regulations pertaining to the handling, storage, transportation, re-sale or disposal of electronic waste. Buyers are encouraged to check with their local and state department of environmental services to determine what regulations, if any, might apply under these circumstances.
DLA Disposition Services cautions that certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, ignitable or exhibit other hazardous or toxic properties. You are cautioned to use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for the public and the environment.
Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances. Certain Assets have design features that may be hazardous if warning labels are not heeded.
Specific Disclosure Relating to Sunray Gas Ranges.
ADDITIONAL CAUTIONS REGARDING PROPERTY: With regard to the "Sunray" brand gas range, 30 size, Model No. 26JAOOX13, NSN 7310-01-046- 2869, and electric range, 30 size, Model No. STC-26, NSN 7310-00-823-7386, manufactured by Glenwood Range Co., Delaware, OH, the following information is provided to prospective buyers. "While the oven is in operation and for a short period of time after the unit is shut off, the surface temperature of the oven door becomes excessively hot which may cause burns to anyone touching the door."
Medical and Dental Assets.
If you buy medical and dental Assets from us, you must complete the online Food and Drug Administration (FDA) form before the Assets will be released. Submittal of this form is a one-time requirement and will remain valid for all future purchases. You must complete either section A or section B of the form (whichever applies). It is your responsibility to provide an updated FDA Certificate in the event of a status change (from "A" to "B" or "B" to "A"). The FDA form may be completed prior to bidding or after the sale is closed and notification is sent to you informing you of your successful bid on the Asset. Payment will not be accepted nor will any medical or dental Assets be released without the form. We decide what constitutes "medical" or "dental" Assets. It is your responsibility to complete and submit the form. In the event the FDA form is not completed within the specified period of time (stated for the sale), we reserve the right to withdraw the objects from the sale and dispose of them at our discretion. Should this occur, we will assess as liquidated damages the greater amount of 25% of the winning bid, or one hundred dollars ($100)." GL does not review the form to ensure it is completed correctly, and our acceptance of the form does not guarantee that the completed form will be considered acceptable by the FDA. If you have questions about how the form should be completed, you should seek legal counsel.
Transfer of Title Assets Other Than Vehicles and Vessels.
Unless Assets are sold with a requirement for demilitarization or other destructive mutilation, title will transfer to you upon removal of the Assets from the military installation or other location. Assets that are paid for, but not removed within a timely manner, as defined by the removal instructions provided, will be considered abandoned, and we will resell the Assets. We will retain as liquidated damages monies paid by you for Assets that are subsequently abandoned for failure to remove in a timely manner. Title to DCS Assets or Assets that require some other form of destructive mutilation will not pass to you until the demilitarization or destructive mutilation has been completed and evidence of completion has been provided to us. Under no circumstances will title to any Assets pass to the buyer until payment in full has been made to GL.
Transfer of Title Vehicles.
GL will supply a SF97 to buyers under the following conditions: The vehicle must have been sold in a Useable Surplus sale (Sale No. is less than 6,000). GL will not issue SF97s for vehicles sold in Scrap material sales. There is a processing fee of $60 for each SF97 requested. Customers requiring a Florida state certificate of title or duplicate state certificate of title will be charged $77.75. GL will determine whether your state requires a state certificate of title or a SF97. Customer must verify the following pertinent information required to complete a SF97:
- Trailers " VIN#, Year, Make, Model, Body Style, and Weight
- Vehicles " VIN#, Year, Make, Model, Body Style, Weight, MILEAGE, Number of engine cylinders and Fuel type
(Any missing information will delay our processing of your request)
Complete the electronic Request for SF97 form found in the "Forms" section of the GL portion of the Site (must be logged in to access this section). You are solely responsible for researching state requirements for titling and registration in your state and determining if the documentation provided by us will be accepted by your state or local department of motor vehicles.
We are not responsible for, nor liable for, any unauthorized use or operation of vehicles sold by us, for vehicles that are not legally registered with the state in which they are intended to be operated in, or for obtaining insurance and insuring vehicles that have been sold prior to any operation of the vehicle.
You are solely responsible for obtaining any necessary state or local permits allowing you to move any vehicle from the location of the sale. You agree to defend, indemnify and hold us harmless for your failure to comply with the provisions of this section. Vehicles described as "residue" will be provided SF-97s and will not be issued any title documents.
Any inspections required in order to complete a title application must be done at your expense and under your supervision. Check with your state regarding the requirements for applying for title prior to placing a bid.
Where an original SF97 was provided to the buyer for a conveyance sold by GL, requests for duplicate SF97s will be considered by GL; however, GL has no obligation to provide duplicate documentation, and cannot guarantee that duplicate documentation will be made available. Where an original SF97 is provided to the customer for a conveyance sold by GL, at the time of transfer GL will assign the SF97 to customer via a Letter of Re-assignment.
Purchasers of NSN 2320010502084 please note: CHANGE OPERATING PROCEDURE BEFORE USE. APPLICATION OF ANTI-LOCK BRAKING SYSTEM (ABS) IS REQUIRED. FOR FURTHER INFORMATION ON ABS CONTACT JAMES D. CURTIS, 586-574-6484.
Transfer of Title to Vessels.
Title to vessels will be passed via our invoice. In the event that you desire additional documentation, such as a vessel bill of sale, we will provide it to you at a cost of $25.00 per vessel.
We do not warrant that the ownership documents provided by us will meet any state's requirements for titling vessels, and encourage you to research the title documentation requirements in your state to determine whether or not our procedure will meet its documentation needs.
Requests for documents on vessels sold more than one (1) year prior to the date of the request will not be honored.
Buyers of "mil-spec" vessels must apply for a quasi title from the Naval Surface Warfare Center, Carderock Division, Combatant Craft Department, by completing a Request for Certificate of Build and Quasi Title to Vessel.
The cost for a quasi title is $75.00. The form is available on the "Forms" section of "My Account" on the GL marketplace portion of the Site.
When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
2018 Liquidity Services, Inc.
© 2019 Liquidity Services, Inc.