THE FOLLOWING TERMS AND CONDITIONS PERTAIN TO USEABLE SURPLUS AND SCRAP MATERIAL SALES
BY REGISTERING TO USE THE SERVICE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THIS USER AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES OR SITE.
Section 1: PARTIES AND DEFINITIONS (top)
- Surplus Acquisition Venture, LLC ("SAV"), and DOD Surplus, LLC ("DS") are the companies established by Liquidity Services, Inc. ("LSI") to administer the sale of useable surplus (SAV) and scrap material (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 or organizations selling property consistent with our DLA Disposition Services offerings ("Sellers"). Government Liquidation ("GL") is the marketplace from which we sell all property and 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 companies simply because we are required to do so under our sales contracts with the DLA Disposition Services. Throughout these Terms and Conditions, both Surplus Acquisition Venture, LLC, and DOD Surplus, LLC are referred to as GL.
- The terms "you" and "your," unless specifically indicated otherwise, refers to a Seller or someone attempting purchase property listed on www.govliquidation.com (a "Buyer"). Sellers and Buyers, along with any other person who uses or attempts to use the website, www.govliquidation.com, are users ("Users"). The terms "we," "us," "our," "GL," and "Company" refer to GL. References to the singular include the plural and vice versa. References to the masculine include the feminine and vice versa.
- The terms and conditions of this User Agreement, along with any supplemental terms and conditions which may be referenced within the lot description of a particular lot or lots being offered for sale, comprise the entire agreement between you and GL relating to the bidding process and the purchase of property offered and sold by GL (the "Agreement"). Where there is a conflict between the supplemental terms and conditions and this Agreement, the supplemental terms and conditions shall have priority.
- A "Term Contract" is an Agreement between GL and a Buyer that GL will deliver a specific property to the Buyer at a specific location or locations for a specific period of time, not less than one hundred eighty (180) days (six months). Term Contracts are governed by specific terms and conditions that are in addition to these general 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 that GL will deliver a specific property to the Buyer at a specific location or locations for a specific period of time, not more than one hundred seventy nine (179) days (one day short of six months). Buyers are invoiced for the entire bid amount, buyer's premium and any applicable taxes the time they are notified of their high bid. Any adjustment based on actual deliveries made to the Buyer will be made after all property has been removed by the Buyer
- "Useable" property is property 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" material is property sold for its material content value, and for which it is not intended that the property or any of its parts or components be used for its originally intended purpose. Scrap material can be identified by the grey recycling symbol () as outlined under the Government Liquidation Event Calendar legend. The lot description is also another way to identify scrap property. Most scrap material is 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 items 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 property is fit for its originally intended purpose or should be purchased with a useable purpose in mind.
Section 2: ELIGIBILITY (top)
- By registering for an account on this web site, you agree to be bound by the terms and conditions of the User Agreement. In order to participate in a GL sales event, you must:
- Be at least 18 years of age and able to form a legally binding contract
- Agree to this Agreement by clicking on the appropriate button provided at the bottom of these Terms and Conditions
- Agree that there are no contingencies to these sales other than those stated by us in the Terms and Conditions or in the lot description at the time of sale
- Agree to pay for any bids placed using your unique website username and password
- Agree to remove the property from the facility where it is located within the required time frame or if no time frame is specified, within a reasonable period of time
- Be free from any previous financial obligations owed to us
- Be capable of receiving a Trade Security Control (TSC) clearance to buy any property that requires such a clearance
- Be a real person or business entity, with a verifiable address, telephone number and email address
- Agree to deal with us in good faith, and not attempt to defraud, cheat or wrong us or the U.S. Government
- Agree to abide by any existing security regulations at any military installation from which you purchase property or at which you wish to inspect property prior to placing a bid
- Agree to inspect the property upon which you are bidding or waive the opportunity to conduct a physical inspection of the property
- Agree that by waiving the opportunity to physically inspect the property prior to bidding, you are limiting your rights under this Agreement. We strongly encourage you to inspect property if you have any concerns or questions about the property's condition, operability, fitness for a particular purpose or merchantability.
- We require you to provide us with an accurate mailing address, telephone number, and email address, so that we can communicate with you regarding your account, purchases and payments. Your identity will be verified through a third-party data verification vendor. We may request additional personal information from you in order to verify your identity. You are responsible for updating any changes in the account information. We will verify your account information to verify your identity. We do this to protect you and to protect us from false bids, fraud, identity theft, and to ensure that government surplus items are not sold to people who have been prohibited by the U.S. Government from purchasing such items. Your agreement to these terms and conditions constitutes express consent to the verification of your identity.
- If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions. A limit of one registration per business or individual will be enforced on our web site. Duplicate registrations will be de-activated from use.
- We reserve the right to accept or reject any or all bids.
- Any direction or prohibition stated on our web site or within the terms and conditions of this User Agreement, unless specifically referring to GL shall be construed as a direction to or prohibition on the Buyer only.
- We reserve the right to limit the bid amounts proposed by any Bidder, either singly or in aggregate.
- We reserve the right to refuse access to our web site and services to any person in our sole and absolute discretion. This Agreement constitutes a binding agreement between us and you until terminated by you or us. You may discontinue use of the web site and services at any time with or without notice to us. We may terminate your account with or without notice to you. Upon termination, you are obligated to immediately cease using the web site and services. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use the web site and services solely for the purposes of searching, listing, bidding on, or purchasing property through our website. All other uses of our intellectual property are prohibited. Except as expressly set forth in this Agreement, no right or license is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any product, content, technology, intellectual property or service of Liquidity services, Inc., its subsidiaries and affiliates, or its or their clients. In addition, nothing in this Agreement shall be deemed to grant to you or anyone else the right to use our intellectual property on any platform or device, in any place or in any manner that is not expressly authorized hereunder. Nothing in this Agreement shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from Liquidity Services, Inc. or its subsidiaries and affiliates.
- You represent that you and the business for which you are acting as an agent are not listed on the Excluded Parties List System (EPLS), which is maintained at www.epls.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 GL for damages resulting from your misrepresentation.
Section 3: SELLER OBLIGATIONS (top)
Users who use GL's website to sell assets or merchandise of any kind agree that:
- Sellers shall submit information about assets or merchandise to be listed on our website to the designated GL account representative. The GL account representative will post all the relevant information regarding the merchandise that will be necessary to sell (e.g. description, price, quantity, lot size, shipping information), promote and facilitate the logistic management. The information may be reviewed to ensure its consistency and accuracy and posted upon agreement of our Sales Team that will tailor the sales strategy to maximize your returns. Prior to any auction activation, the Seller must have a signed Asset Sales Agreement ("ASA") plus a Schedule I ("Schedule 1") for each inventory of assets provided to GL for sale.
- Listing Information. Unless GL has been contracted to develop an Asset List at the Seller's facility, Sellers are solely responsible for the accuracy, completeness and validity of all the information describing the assets listed for sale (the "Listing Information"). Sellers, who provide information to GL regarding property for sale on GL's website, represent and warrant that they are the lawful owners of the listed assets or acting on behalf of and with the authorization of the lawful owner of the listed assets. Each Seller represents and warrants that all Listing Information provided is accurate and truthful regarding, without limitation, the type, quantity and condition of the listed assets in any auction posted by the Seller on GL's website. Sellers understand and agree that GL, at its sole discretion, may take any action it deems necessary to review, edit or remove any listing information provided by a Seller. Assets MUST be available for pickup within 3-5 business days of the auction closing. Auctions not available for pick-up within 3-5 business days may result in the assessment of fees and damages payable by the Seller.
- No Unlawful or Restricted Assets. Sellers agree that they will not attempt to sell any illegal or restricted assets of any kind through the Company's Site and Services, including, without limitation, all counterfeit goods, drugs, guns, pornography, munitions, hazardous waste, non-metal scrap or any other item, GL, in its sole discretion, deems to be unlawful or restricted. Restricted assets are those that generally require a special license or permit by a governmental agency or authority in order to sell, such as a federal firearms license or a hazardous materials handling or storage permit.
- Offer to Sell. Upon posting an asset for sale, Seller represents, warrants and agrees that it is irrevocably offering to sell the listed assets to any Buyer who satisfies the requirements of the auction, terms of payment and shipping. Seller represents, warrants and covenants that (1) it has good and marketable legal title to the offered assets, free and clear of any lien, security interest, leasehold interest, co-ownership interest, or any other type of encumbrance or interest of any other person or entity, (2) it has authority to list the offered assets for sale and to sell the offered assets, no listed asset infringes or violates (or contains any parts or components which infringe or violate) any third party's copyright, patent, trademark, trade secret or other intellectual property or proprietary rights. Failure of a Seller to complete the sale of an asset to a qualified Buyer because of non-delivery or misrepresentation of the merchandise could result in damages payable to GL. Such damage shall become immediately due and payable by the Seller to GL. Should any additional shipping costs be incurred because of incorrect shipping information and/or preparation the Seller agrees to pay for these costs.
- Exclusivity. During the period that the Seller has listed assets for sale with GL, the Seller has granted GL an exclusive right to sell the specified quantities listed in the Schedule 1 of the ASA. All potential purchasers discovering the property by whatever means during the period of the ASA who consummate a sale of the Assets or any portion thereof will result in a commission paid to GL. Seller agrees that any sale of any portion of the specified quantities of property during the agreed listing period will cause a commission to be earned by GL on the revenue generated from that sale.
- Shill Bidding Policy. "Shill bidding" is the act of bidding on your own property, either directly or indirectly, in an effort to artificially raise the price at which your property 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. Shill bidding is not only a violation of Liquidity Services, Inc. use policy; it is against both federal and state laws, and subjects perpetrators to criminal prosecution. Engaging in shill bidding on or through GL's website and services may result in (1) cancellation of auction item listings; (2) account suspension; (3) referral to law enforcement agencies; and/or (4) criminal prosecution.
- Service and Transaction Success Fees. Upon the closing of a transaction, Sellers agree to pay GL a success-based transaction fee for the marketing of their assets, integrated services and identification of qualified Buyers. The amount of this fee will vary based on the size and product type of the transaction and shall be communicated to and agreed by the Seller prior to listing the merchandise with GL in the Schedule 1. In addition, GL reserves the right to collect and retain a Buyer's premium from its customers in order to cover costs specific to any auction. Premium services such as third party inspection, and warehousing are optional for Buyers and Sellers and require additional fees. The prices of the services are determined on a case-by-case basis and communicated to you by our Sales Team.
- Payment of Fees. All fees and other amounts payable pursuant to this User Agreement shall be paid in United States Dollars, free and clear of, and without deduction or withholding on account of, taxes of any kind. All of GL's success based fees are deducted from the proceeds of the sales. Other eventual and mutual agreed payments are due within 15 business days of invoice.
- Best Efforts. Sellers acknowledge that despite GL's best efforts, Buyers may fail to perform. GL does not provide any representations or guarantees that Buyers will pay Sellers on their agreed price on a timely basis.
Section 4: BUYER OBLIGATIONS (top)
- Users who use the Site to bid on and purchase Listed assets of any kind ("Buyer" or "Buyers") represent, warrant and agree that:
- Bidding Activity. Buyer, by bidding on any property, is demonstrating Buyer's intention and financial capability to purchase the property.
- Upon the placing of a bid, the Buyer may not retract, amend or modify their bid without prior approval by the Company
- At the close of an auction in which Buyer has a winning bid, Buyer agrees to make immediate payment for the total amount of the transaction, including the stated Buyer's Premium, shipping costs and all taxes due if applicable, using payment methods provided by Company upon auction close but in no circumstance later than 3 business days of the payment notification. If the Company does not receive payment within 3 business days, Buyer will be considered in default of bidding contract and will be responsible for liquidated damages of $30 or 25% of the final transaction price, whichever is greater.
- The Buyer understands that Government Liquidation may solicit additional customer information (i.e., proof of funds, bank letter of guarantee, etc.) for verification purposes to protect the integrity of the auction.
- EXPORT RESTRICTIONS / END-USE- CERTIFICATES (top)
- Your purchased commodity may be subject to United States export control laws. Diversion of such materials contrary to United States law is prohibited. 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 shall 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:
We do not sell property 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, Shipper's Export Declarations, 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) (DLA FORM 1822) : (top)
- 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)
- GOVERNMENT LIQUIDATION WILL NOT SELL ANY DEMIL B OR Q PROPERTY WITHOUT AN APPROVED END-USE CERTIFICATE. When an END-USE-CERTIFICATE (EUC) is required to complete the transaction, no property will be released or removed until all certificates are filed and the property has been cleared for release. 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 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 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 property to the individuals completing and filing the EUC
- Prospective Buyers of property originating from the DLA Disposition Services or the U.S. Government are notified that property sold is 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, and if requested by the U.S. Government. Buyers will be notified in writing, with an explanation of the sale/lot/ item 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 property 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.
- THE PROPERTY (top)
- WHEN YOU PURCHASE LOTS OR PLACE A BID ON LOTS YOU AGREE TO ACCEPT THE LOTS "AS IS, WHERE IS AND WITH ALL FAULTS". "ACCEPT" AS USED HERE ALSO MEANS THAT, BY PURCHASE OF THE LOTS, YOU WILL BE DEEMED TO HAVE EXAMINED, OR HAD THE OPPORTUNITY TO EXAMINE, THE LOTS. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE LOTS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE PROPERTY IS FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST US AND THE SELLER FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS' FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY (COLLECTIVELY, "SPECIFIED CLAIMS"). UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND THE SELLER HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS. The information and descriptions found in the advertising materials for specific sales 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 customers. We do not guaranty the accuracy of this information. It is your responsibility to verify an item's information and description, including but not limited to, product condition, estimated weight, count, measure or other factors that determine the bid price. Information provided by us is not guaranteed and should not be considered as a substitute for your due diligence and physical inspection of the property. We may, in our sole and absolute discretion, monitor material, content and information on the website, including, but not limited to, auction listings and bidding activity, to determine compliance with this Agreement and current and future operating procedures and rules of conduct established by us. We may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to carry out this Agreement, to protect our rights, for quality control, or to comply with any law, regulation, information, or court order submitted or transmitted to us. We reserve the right, in our sole and absolute discretion, to amend, edit, remove or otherwise block any material posted by you that may, in our sole interpretation, violate any state, federal or local law or violate any aspect of this Agreement or in order to limit our liability. However, we do not assume any obligation or responsibility for monitoring or verifying the material, content and information on the website. We are not responsible for any damages, losses, expenses or other injuries incurred by you as a result of relying on any material, content and information posted on our web site.
- Items offered for sale as "scrap" require mutilation or demilitarization as a condition of sale. These items must be totally destroyed prior to re-sale or export and must be rendered useless beyond the possibility of restoration within thirty days of the removal of the property 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 LOT DESCRIPTION AT THE TIME OF THE OFFERING. GL must witness the mutilation of any scrap material requiring mutilation, which has not been mutilated prior to sale, and 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 property 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 their designated U.S. Government representatives may accompany GL in witnessing the mutilation of property, and you agree to allow Government personnel to witness the mutilation of property. GL personnel, in their sole discretion, shall determine whether or not mutilation has been accomplished in accordance with these Terms and Conditions.
- Your bidding for scrap property on our website will constitute an acknowledgement of your responsibility to perform destructive scrapping on any items sold, unless the lot description specifically indicates that scrapping is not required.
- ITEMS ARE SOLD BY COMMODITY, AND WE RESERVE THE RIGHT TO REMOVE ITEMS FROM ANY SCRAP ACCUMULATION THAT ARE OUTSIDE OF THE SCOPE OF THE COMMODITY ADVERTISED FOR SALE. For example, if an accumulation of scrap contains both ferrous and non-ferrous material, but the lot is described as 50,000 lbs. of heavy unprepared iron and steel, you will not be permitted to remove as part of the lot, aluminum or copper, which was located in the same scrap accumulation at the time you inspected the lot.
- SCRAP SALES: Bidding on scrap items is based on a lot 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 property. 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 lot purchased.
- When our representative is 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 property. 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 ("DCS") PROPERTY: Demilitarization as a Condition of Sale ("DCS") property are items 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 property offered for sale on this website. Demilitarization will be effected by melting, popping, crushing, deforming, or otherwise mutilating the property 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 property are subject to surveillance and verification by the Department of Defense. Failure to perform the required demilitarization within 30 days of property 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.
- SHELL CASES: 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 items 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 items will not be exported for military use and, if exported for any reason, a full disclosure of their origin by reference to our sale and lot number will be made to the appropriate export licensing department or agency. Any item 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 or determines that an item offered for sale by GL may not be sold, or must be sold with restrictions, GL may withdraw the item from sale or place additional restrictions on the sale at any time prior to the removal of the item by the Buyer. The Buyer will be limited in remedy to a refund of the purchase price and cancellation of the sale.
- Items 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 property 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 property. Your failure to cooperate in returning these items, providing contact information of transferees or completing and submitting End-Use- Certificates 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 property 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 Government and be the basis for determining any refund due the Buyer. If you falsely claim a refund for property 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 property, you will receive contact information for Fast Track Logistics, who will be responsible for returning the property to the Government at no cost to the Buyer.
- You agree to cooperate with DLA Disposition Services and the U.S. Government in the recovery of property that was sold to you, which is 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 property 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 state department of environmental services to determine what regulations, if any, might apply under these circumstances.
- DLA Disposition Services cautions that certain property 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 local, national or international laws and regulations in a manner safe for the public and the environment.
- Certain pieces of property 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 pieces of property have design features that may be hazardous if warning labels are not heeded.
- 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 PROPERTY OR DEVICES: If you buy medical and dental property from us, you must complete the online Food and Drug Administration (FDA) form FDA Certificate for Medical/Dental https://web.govliquidation.com/account/main? cmd=FDAcertificate before the property 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 (see link above) or after the sale is closed and notification is sent to you informing you of your successful bid on the property. Payment will not be accepted nor will any medical or dental property be released without the form. We decide what constitutes "medical" or "dental" property. 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 $30. 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.
Section 5: TRANSFER OF TITLE: (top)
- Unless property is being sold with a requirement for demilitarization or other destructive scrapping, title will transfer to you upon removal of the entire lot from the military installation. Property that is 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 property. We will retain as liquidated damages monies paid by you for property that is subsequently abandoned for failure to remove in a timely manner. Title to property that requires demilitarization as a condition of sale (DCS) or that requires some other form of destructive scrapping will not pass to you until the demilitarization or destructive scrapping has been completed and evidence of completion has been provided to us. Under no circumstances will title to any property pass to the buyer until payment in full has been made to GL.
- TRANSFER OF TITLE TO VEHICLES: Government Liquidation will supply a SF97 to customers under the following conditions: The vehicle must have been sold in a "useable" property sale (Sale No. is less than 6000). 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 website (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 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 customer for a conveyance sold by GL, requests for duplicate SF97s will be forwarded to the Vehicle Titling Department for their approval or rejection. 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 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 our website.
- 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
Section 6: PAYMENT FOR PROPERTY (top)
- BUYER'S PREMIUM. (top) We charge a buyer's premium, a percentage of the bid amount, usually between ten and twenty percent, on all purchases. The buyer's premium is considered a taxable amount, and will be taxed at the appropriate rate depending on the location of the property. Buyer's premiums are standard in the auction industry, and should be factored into your bidding strategy.
- PAYMENT TERMS: Winning bid prices will not be adjusted after award due to an error in bidding or any other discrepancy regarding description, estimated weight, count, measure or other factors that may influence the final bid price of a lot.
- 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 HIGH BIDDER FOR THE ENTIRE AMOUNT DUE, AND MUST BE PAID WITHIN THREE (3) 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 website, 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 successful bidder has been determined.
- Unless otherwise indicated in another written Agreement with GL, all payments must be received within 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 these terms and conditions, 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 lots at our sole discretion. We will notify potential bidders via language on the lot details page of any earnest money deposits required prior to bidding. Deposits from winning bidders will be retained and applied to the pending invoice or to any past due balances owed by the customer. 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 high bidder 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.
- CURRENCY. Unless specified for a particular lot or lots in the lot description(s), all transactions will be conducted in U.S. Dollars. Where another currency has been identified, the alternative currency, in addition to U.S. Dollars may be used to pay.
- FORMS OF PAYMENT: 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.
- You must make payment in full within 3 business days of the invoice date. The date of the invoice is not counted as the first day for purposes of calculating the payment deadline. There will be no extensions of the payment period granted.
- At the time a credit card is entered online, it is validated via a charge to the card of up to $1.00, which is credited back to the card within seven (7) calendar days after the credit card validation process has completed. The name and address on the user account must match the name and address of the credit card used for the purchase or the charge may be rejected, which will result in a default of the sale. 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 otherwise noted on our website and unless you contact us prior to the close of the sale. Credit cards will not be accepted for any invoice in excess of $10,000; customers must submit payment via certified funds (i.e., wire transfer, cashier's check). No charges will be made to the credit card until the sales event has been closed and a successful bidder has been determined.
- If you choose a form of payment other than a credit card, the following information must accompany a letter of instruction:
A valid credit card must be entered at time of bid submission regardless of the form of payment. Credit cards submitted by a Buyer must be in the name of the registered Buyer and be valid at the time a lot is awarded.
ALL FUNDS MUST COME FROM THE REGISTRANT. GL WILL NOT ACCEPT THIRD PARTY FUNDS OF ANY KIND FOR ANY REASON.
SALES, USE OR EXCISE TAXES: We are obligated to collect sales, use or excise tax from ALL buyers. It is your responsibility to provide the required documentation when submitting a bid to claim an exemption. Taxes are charged based on the effective tax rate at the time the property is removed. This may be different than the initial rate at which you were charged when you paid for the property. You must submit re-sale or tax-exemption documentation from the state in which you are doing business AS WELL AS EACH STATE IN WHICH YOU ARE PURCHASING PROPERTY. We are not obligated to refund sales tax due to late submission of sales tax exemption documentation. Submission of all appropriate tax exemption forms must be received by us before scheduled closing date and time of the sales event in which you are participating. Re-sale certificates may be faxed to us at (480) 367- 1450. You will be liable for all taxes, surcharges or other charges imposed on the sale of goods by any taxing authority if tax forms are not received by the scheduled closing time of the sales event in which you are participating. Requests for refunds of sales taxes must be submitted to the appropriate taxing authority directly. All property sold in the state of Hawaii is subject to an excise tax. There are no exemptions to the Hawaii excise tax.
- Company name (if applicable)
- Customer name
- Telephone number
- Sales event number or contract number
- Signature and date
- Twenty-five percent of total bid amount
Section 7: DEFAULT (top)
- A default fee of 25% of the bid amount (excluding buyer's premium and taxes), but not less than $30.00, will be assessed the Bidder who fails to pay within the required time period. GL must receive all payments that are associated with default fees via money order, cashier's check or wire transfer. Credit card payments will not be accepted as a valid form of payment of a default fee. From the time when a Buyer is determined to be in default until payment of the default fee is received, the Buyer's GL account will be temporarily suspended from all bidding activity. Automated payment reminders are sent as a courtesy only, and should not be considered a replacement for your responsibility to make timely payment.
- We reserve the right to charge a $25.00 fee for any credit card transaction that is rejected. Buyers are strongly encouraged to review the data in their profile prior to submitting bids and to make any corrections necessary to their credit card information at the time of bidding. Additionally, buyers who submit erroneous credit card information, or attempt to use credit cards that they are not authorized to use, are subject to sanctions, including account de-activation, and may be reported to appropriate law enforcement agencies.
- Any Buyer that attempts to rescind a credit card transaction without our express written consent (i.e., charge-back), will have their account immediately and permanently de- activated. If you perform a charge-back after receiving the property, GL may file charges with the appropriate law enforcement agency, and reserves the right to pursue all remedies available to us to recover our damages.
Section 8: REMOVAL OF PROPERTY (top)
- You understand and agree that the DLA Disposition Services reserves the right to withdraw any and all property offered for sale up to the time the property is removed. If this occurs, our liability is limited to return of the purchase price paid for the lot. We have no liability for specific performance, incidental or consequential damages.
- You are responsible for rigging, loading, securing and transporting purchased property, including all costs and risks associated with removal. Unless otherwise stated, we will provide a free tailgate loading but will NOT guaranty a specific loading time. In consideration for this 'no cost' loading service, you agree to release, hold us harmless and waive any and all claims, causes of actions, damages (including consequential damages or loss of use) or liabilities of any kind or nature. Please note that GL does not package items prior to pickup. Buyers need to make arrangements for packing of purchased items with a packing and shipping store, or other suitable vendor.
- Where we indicate the property must be loaded by the Buyer, you must provide all material handling equipment and properly trained and certified operators to operate said equipment. Additionally, you must provide proof of adequate general liability insurance, and proof of worker's compensation insurance. GL and the DLA Disposition Services must be listed as additional insured on the general liability insurance. Your employees or agents are responsible for compliance with all federal, state, local and host installation (the military installation where the property is located) environmental, safety and health regulations while operating equipment on the site.
- Unless stated otherwise, all 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 items or dunnage.
- In the event we 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 DLA Disposition Services, but is at your own risk.
- Buyer certifies that Buyer maintains the minimum legally required workers compensation insurance on any employees performing work for Buyer at a GL facility
- You are responsible for any damages to property, including spills or releases of hazardous substances, which might occur during the removal process. Failure by you or your agent to clean up any releases or to repair any damages may result in your being banned from future participation in GL sales, and you may be reported to the appropriate authorities.
- Either you or your agent will be required to sign for all material in the presence of a GL representative (unless otherwise approved by an authorized GL agent) prior to removing property.
- You or your agents are responsible for property count and verification of lots purchased at the time of removal. If the property is not acceptable for any reason, do not remove it.
Section 9: ABANDONED PROPERTY (top)
A schedule for removal of property will be established for each sale. You must remove all property awarded within this time limit. If for any reason removal cannot be completed within the time period, it is your responsibility to arrange with our site manager for an extension of time. We are not responsible for property that is not removed within the time allotted. If property is not removed within the specified removal period or scheduled for removal at a later date with our site manager, we will consider the property to be abandoned by you, and you will have abandoned all right, title and interest in the property including the purchase price of the property. We are not required to send abandonment or late removal letters to you prior to exercising the right of abandonment.
Section 10: DISPUTED BIDS (top)
- TIE BIDS: In the event equal bids are received for the same lot, you grant us the sole and exclusive authority to resolve and make all final determinations with respect to those bids.
- Any item that is not paid for may be resold without further notice. Accordingly, in the event the successful bidder for any item fails to complete the purchase for any reason, we reserve the right to accept the next highest bid or to re-offer the property at a later time.
- Sealed Bid Sales - In the event of a tie during a sealed bid sale, the lot will be awarded to the Bidder whose bid was first received. This applies regardless of whether the Bidder entered their own bid or the Bidder faxed their bid to us to enter on their behalf.
- Internet Auctions - On the occasion of a "tied bid," despite whether the bid was accepted as an "auto-bid" or "straight bid," the lot in question will be awarded to the Bidder whose bid was first received. We keep a time stamp recording of all internet auctions and Bidding/Time activities and transactions.
- POSTED TIMES: For internet auctions, posted closing times and displays of current time on our website are approximate. In addition, we reserve the right to close early or extend Internet auctions at our discretion. Lots may be scheduled to close individually, in groups or entirely. Lot closing times will be advertised prior to the opening of the Internet auction. At the scheduled closing time, the lots with active bidding will remain open for 15 minute increments until all bidding has ceased. You may participate during this time by entering from "My Auctions."
- SEALED BID SALES: Sealed bids may be sent electronically via our website, by fax to (480) 609-5841, or by US mail or other commercial delivery methods to the address or number listed below. We are not responsible for bids that are not received, processed, illegible or not accepted due to technical difficulties regardless of their origin. Sealed bids cannot be cancelled, lowered or withdrawn once submitted. Sealed bids must be received by the established time for the specific sales event.
- BID RETRACTIONS: Any requests for a bid retraction due to keystroke error must be received by us in writing via Live Chat, email to firstname.lastname@example.org, fax to (480) 367- 1450, immediately upon discovery with the Subject: Bid Retraction. Additionally, customers must call Customer Service at (480) 367-1300 to follow up the written request, immediately. We will not recognize a request to retract a bid if the request impacts subsequent bidding on the lot in question. An auto- bid that has already affected the current bidding on a lot cannot be retracted, but may be lowered to the last bid increment placed at the time the request was received. Requests should include the bidder number, sale number and lot number affected.
Section 11: MISCELLANEOUS (top)
- You agree that any dispute between the parties must be resolved under Arizona law and in a court located in Maricopa County, Arizona. You expressly agree to the exclusive jurisdiction of those courts to resolve any dispute, and you expressly agree not to contest that jurisdiction or venue. You also agree to accept service of process from such courts by certified or registered mail.
- All claims / dispute requests must be submitted via email to email@example.com, Subject: Dispute Resolution. A "GL CLAIM FORM" will be subsequently emailed to you. Please complete the claim form and email it to firstname.lastname@example.org. Please note that claims associated with property counts or proper model must be noted by the Buyer or their agent on the invoice at the time of removal, and a written claim for adjustment must be submitted to GL within 30 days of the removal date. We will not recognize claims related to property condition, minor count discrepancies or your failure to inspect the merchandise prior to bidding or removal.
- You agree that in the event that GL is unable to deliver the item or items for which you were deemed the high bidder, that the sole remedy available to you will be the reimbursement of monies paid to GL for the item(s) not delivered (i.e., a refund). You will not be entitled to restitution, incidental, consequential, special damages or specific performance.
- You agree to defend, indemnify and hold us and the Seller harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) for any injuries to persons or property of any type, occurring during your inspection of property, your presence at a GL or Seller facility or resulting from the sale, removal, use or operations of the purchased property
- If any provision of these terms and conditions is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining terms will not be affected.
- Our failure to enforce any provision of these terms and conditions may not be construed or interpreted as a waiver of any of them. Any waiver of any term or condition must be in writing, signed by our authorized representative, and will be effective only for the instance specified in the writing.
- Any oral statement or representation by any representative of GL, changing or supplementing the offering or contract or any condition of the offering or contract, is unauthorized and confers no right on the Bidder or Buyer and may not be relied on. No interpretation of any provision of the contract, including applicable performance requirements, is binding on GL unless agreed to, in writing by GL.
- NOTIFICATIONS: We may transmit notices by e-mail, fax or phone to the email address, fax and phone numbers provided by you during registration. We may also provide notice in written form delivered through the US mail or certified mail to the address provided by you. We are not responsible for your errors in conveying your contact information.
- ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT: Prospective Bidders are notified by this statement that your consent to this Agreement by clicking the electronic link indicating your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these Terms and Conditions, but they are subject to change by us. Changes to the Terms and Conditions will be effective from the time they are placed on our web site, in the Terms and Conditions section of the site, or any other section where they may appear. You will not receive any other notice of a change in the Terms and Conditions of this User Agreement outside of the posting of updates to the User Agreement displayed on our website. You are encouraged to read the User Agreement before submitting any bids or otherwise transacting on this site.
- FINAL EXPRESSION: This Agreement is intended by the parties as a final expression of their contract and as a complete and exclusive statement of the Terms and Conditions of sale. No course of prior dealings between the parties and no usage of the trade may supplement or explain any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement may not be used to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection.
- HEADERS: The headings used in these Terms and Conditions are for convenience only and shall not be considered in interpreting the provisions hereof.
- TECHNICAL PROBLEMS: We do not guarantee or promise that our system for placing, receiving, collecting and tabulating bids on internet auction or sealed bid sales will be available without interruption, error-free or free from other defects. We do not guarantee or promise that our system for searching for property will be available without interruption, error-free or free from other defects. We have no obligation to ensure that a prospective Buyer's bid is received, properly and effectively processed or accepted. WE ARE NOT LIABLE TO ANY PROSPECTIVE BUYER ON ANY CLAIM OR ALLEGATION THAT THE PROSPECTIVE BUYER'S BID WAS NOT RECEIVED, PROPERLY AND EFFECTIVELY PROCESSED OR ACCEPTED DUE TO TECHNICAL ERRORS OR PROBLEMS WITH THE INTERNET AUCTION SYSTEM OF THIS WEBSITE. If any questions arise as to a bid price at which lots have been sold our record of the sale will in all cases be deemed to be final. We reserve the right, in our sole and absolute discretion, to modify, suspend or terminate any aspect of our web site and services, including, but not limited to, content, auction features, news and information, and product categories without notice.
- AUTOBID: The auto-bid feature will hold your bid, automatically raising it in the applicable bid increments (see "Help" section for information about bid increments) until you have won the lot or your limit has been reached. Bids can be placed for any dollar amount.
- FORCE MAJEURE. In this clause, the term "force majeure event" shall mean an event beyond the control of either of us that prevents one of us from complying with any of our obligations under this Agreement, 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, terrorist act(s), or similar events beyond the reasonable control of a party. Neither of us shall be considered in breach of this Agreement to the extent that any of our respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed.
- COMPLIANCE WITH LAWS. At all times, you shall comply with applicable laws and regulations pertaining to the respective performance under this Agreement. You certify that you will not use the site or the services in furtherance of any illegal activity, and that you have not given or offered to give anything of value in exchange for any unfair economic advantage, nor has any employee of ours requested from you anything of value in exchange for an unfair economic advantage. You should immediately report any request for anything of value in exchange for an unfair economic advantage to our Legal Department by emailing the details of such request to: ComplianceHelp@liquidityservicesinc.com.
- INDEPENDENT CONTRACTORS. The relationship between you and us is that of independent contractors. No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Agreement.
- TECHNOLOGY DISCLAIMER. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WE DISCLAIM ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY SYSTEM INTEGRATION OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE LISTED ASSETS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. WE MAKE NO WARRANTY REGARDING ANY LISTED ASSETS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY YOU, WHETHER ORALLY OR IN WRITING, FROM US SHALL CREATE ANY WARRANTY BY US NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.
INTELLECTUAL PROPERTY: (top)
- All trademarks, trade names, logos, and service marks of third parties (collectively, the "Third Party Intellectual Property") with respect to property featured on this website are the property of the owners of that Third Party Intellectual Property. We disclaim any associations or endorsements that may be implied through the use of the Third Party Intellectual Property of others. You agree not to use the Third Party Intellectual Property of others in a way that would infringe upon the rights of the owner of any Third Party Intellectual Property.
I UNDERSTAND THAT BY PARTICIPATING IN A GOVERNMENT LIQUIDATION OR DOD SURPLUS SALES EVENT THAT I AM BOUND AND I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Government Liquidation, a marketplace of Liquidity Services, Inc.
15051 N. Kierland Blvd. , 3rd Floor Scottsdale , AZ , 85254 USA
Customer Service Hotline: (480) 367-1300 / (480) 367-1450 (fax)
Revised October 1, 2014