Feb. 06, 2012
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Terms and Conditions
All applicable sales, use, transfer or excise taxes arising from sale will be charged to Buyers, and will be added to the purchase price in accordance with local and/or state law. No purchases may be removed until after conclusion of the timed auction and full payment has been received. Full payment must be received within 2 business days. If a Buyers wants to pay by wire transfer they must get prior approval by Centurion, prior to the close of bidding, to do so. Acceptance of bid is a commitment to purchase and binding on Buyer, its principals, agents, successors and assigns. Buyers or their agent(s) must pay for, accept delivery, and remove the items/lots purchased. Buyers are solely responsible for packaging, loading, removing and/or shipping of the items/lots purchased and to proceed diligently in such removal. Buyer agrees to contact owner/seller within 24 hours to arrange pickup/delivery. Items/lots must be removed within 10 business days of receiving notification of winning bid. If purchases are not removed within the required time limit the purchased items/lots will be deemed abandoned and payment will be forfeited. Buyers are responsible for checking the quantities of the items/lots purchased. No adjustments in quantities will be made after the items/lots are picked up by buyer or buyer’s agent. Once a bid is accepted, neither Centurion nor owners will be liable for any loss, shortage, damage or liability arising from or as a result of any reason whatsoever, including without limitation, negligence, any act or omission, strikes, industrial disputes, civil disruptions, war, terrorism, natural disaster, acts of God, and/or or any other event or occurrence in or beyond Centurion’s or owner’s control. Buyers are advised to pre-arrange insurance coverage of their purchases on award of bid. Buyers are responsible for all risk of loss, property damage, personal injury caused by removal, and all costs of removal of items/lots purchased. A certificate of insurance reflecting adequate insurance coverage, holding Centurion, owners and landlords harmless against any damage must be furnished to Centurion, at Centurion’s sole discretion, prior to such removal. Buyer's obligations with regard to removal further include, but not limited to, the obligation to repair and restore any damage to the real property or permanent improvements where the purchased items/lots are located. Buyers de-installing items/lots purchased MUST be or use professional, experienced, qualified de-installers and provide to Centurion a certificate of insurance or bond in an amount of no less than One Million ($1,000,000) Dollars, prior to performing such work. If, for any reason whatsoever, Centurion fails to deliver an awarded item/lot, Centurion's sole liability shall be the return of any deposit or monies paid on said item/lot, and Buyer shall have no further claim whatsoever including without limitation direct, indirect, consequential, exemplary or incidental damages Items/lots may be offered subject to a reserve price without notice to the bidders. If a bid is received within the final fifteen minutes of a timed auction, the bidding time may be extended in increments of up to fifteen minutes. Centurion may, at their sole discretion, without reason, notice or liability of any kind, at any time prior to or after commencement of the timed auction, but prior to close of bidding, alter, withdraw or vary any or all items/lots, refuse to accept any bid or terminate bidding on any or all items/lots, or cancel the timed auction entirely. The advances, progression, and rules in the bidding shall be regulated at the sole discretion of Centurion. Centurion reserves the right not to acknowledge or accept any bid. Centurion further reserves the right to refuse any bid for any reason. ALL ITEMS/LOTS IN THE TIMED AUCTION ARE PURCHASED “AS IS” AND “WHERE IS” IRRESPECTIVE OF CONDITION, WEAR, DAMAGE, AND WITH ALL FAULTS. All sales of items/lots are final and without any warranty, guarantee or representation of any kind or nature whatsoever, either express or implied, written or oral, as to the design, condition, merchantability, fitness for any particular purpose, quality, capacity, workmanship, or that any items/lots will satisfy the requirements of any law, rule or regulation. It is Buyer’s sole responsibility to provide proper safety devices and equipment or the means to meet all government safety standards or any other laws, including any environmental protection or other public protection laws, licenses or regulations. Buyer specifically relieves, releases, indemnifies and holds Centurion and owners/sellers harmless, from and against any and all responsibility, damages, claims, fines, penalties, judgments, actions, lawsuits, and/or liability of every kind and nature, including without limitation payment of Centurion’s attorney fees and costs, in connection with or as a result of any breach of Buyer’s obligations, duties or responsibilities described herein or for violation of any provision of these Terms of Sale. In the event Centurion must enforce these Terms of Sale against Buyer in a court of law, in addition to all other available remedies, Buyer will be responsible for Centurion’s attorney fees and costs. Quantities, descriptions, weights, measurements, dimensions, serial and machine numbers, year and model set out on the items/lots in the auction brochures, catalogues, any advertisements, seller information, and/or invoices are believed to be accurate. However, Centurion, owners, or advertising counsel are not responsible or liable for any discrepancies, inaccuracies or failure of the items/lots to correspond with any written or verbal representation of such information made by or on behalf of either the Centurion or owner, or any perceived or expected standard or custom, or any other particulars such as the genuineness or authenticity of any items/lots. No item/lot shall be sold or deemed sold by description or such information and Buyer shall not be entitled to rely thereon. All such information is given by way of identification only and no warranty, condition, representation or guarantee is made, given or is to be implied. Centurion and/or owner are not responsible or liable for any damage or loss (direct, indirect, consequential or otherwise) arising as a result of any inaccuracy in respect thereof. There is no right of inspection granted to any prospective buyer, before, during, or after the auction. It is at Centurion and seller’s sole discretion to grant inspection if requested. Centurion may charge a Buyer’s Premium and/or credit card processing fee of up to seventeen percent of the final sales price and will be added to Buyer’s purchase price. The Buyer’s premium may be adjusted at Centurion’s discretion. Equipment will not be released until the following has been received: payment in full by credit card with a sign credit card slip, or wire transfer for full payment, or a combination of credit card payments with a signed slip and wire transfers amounting to full payment. . In the event Centurion must enforce these terms of sale in a court of law they shall be governed by the laws of the State of Illinois (excepting any conflict of laws or provisions which would serve to defeat application of Illinois substantive law). Each of the parties to this Agreement hereby irrevocably and unconditionally: (A) consents to submit to the exclusive jurisdiction of the courts of Cook County, Illinois for any proceeding arising in connection with this Agreement and each such party agrees not to commence any such proceeding except in such courts, and (B) waives any objection to the laying of venue of any such proceeding in the courts of Cook County, Illinois. All materials including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are a part of Auctionmart.com website are copyrights, trademarks trade dress and/or other intellectual property owned and controlled by Centurion No information on this web site may be copied, reproduced uploaded, posted, transmitted, or distributed in any way, and any modification of the materials or use of the materials for any other purpose is a violation of Auctionmart.com/Centurion’s copyright and or other proprietary rights. Centurion may amend this Agreement at any time by posting the amended terms on the Auctionmart site. Except as stated elsewhere, all amended terms shall automatically be effective after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Centurion. This Agreement sets forth the entire understanding and agreement between Centurion with respect to the subject matter hereof. TERMS OF SERVICE The following describes the terms on which Auctionmart offers you access to our services. Introduction Welcome to Auctionmart. By using the services on the Auctionmart websites (Auctionmart.com and any other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with Centurion Service Group, LLC/Auctionmart (“Centurion” or “Auctionmart”). Before you may become a member of Auctionmart, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Auctionmart-branded websites or websites we operate may be governed by separate user agreements and privacy policies. Using Auctionmart While using the Site, you agree not to: post content or items in an inappropriate category or areas on the Sites; violate any laws, third party rights, or our policies; use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to Auctionmart; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Auctionmart); transfer your Auctionmart account (including feedback) and User ID to another party without our consent; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Auctionmart, or the interests or property of Auctionmart users; copy, modify, or distribute content from the Sites and Auctionmart's copyrights and trademarks; harvest or otherwise collect information about users, including email addresses, without their consent; or transmit in any way any form of pornography. The transmission of pornography of any kind on Auctionmart may result in immediate termination of your account. Abusing Auctionmart Without limiting other remedies, Centurion may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove content, and take technical and legal steps to keep users off the Site if Centurion thinks that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. Centurion also reserves the right to cancel unconfirmed accounts. Content License When you give Centurion content, you grant Centurion a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (Centurion needs these rights to host and display your content.) Liability You will not hold Auctionmart responsible for other users' actions or inactions, including things they post. You acknowledge that Auctionmart is not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy using a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. Centurion is not involved in the actual transaction between buyers and sellers, but only offers a platform for a sale can occur. Centurion has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability or legality of sellers to sell items, the ability or legality of buyers to pay for or buy items, or that a buyer or seller will actually complete a transaction. Centurion does not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, Centurion cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. To the extent legally permitted, Centurion excludes all implied warranties, terms and conditions. Centurion is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Release If you have a dispute with one or more users, you release Centurion (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Access and Interference Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Auctionmart by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except Your Information) from the Sites without the prior expressed written permission of Auctionmart and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Site. Privacy Centurion does not sell or rent your personal information to third parties for their marketing purposes. Centurion uses your information only as described in the Auctionmart Privacy Policy. Centurion views protection of users' privacy as a very important community principle. Centurion stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. Indemnity You will indemnify and hold Centurion (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. Law and Forum for Disputes This Agreement shall be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Auctionmart must be resolved by a court located in Cook County, Illinois. You agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes. General Centurion Service Group, LLC/Auctionmart, is located at 1400 N. 25th Ave., Melrose Park, Illinois 60160. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, Centurion may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Centurion’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Centurion does not guarantee Centurion will take action against all breaches of this Agreement. Centurion may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Centurion. This Agreement sets forth the entire understanding and agreement between Centurion with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Release, Content License, Liability, Indemnity and Law and Forum for Disputes.
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