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SITE NEWS
May. 13, 2009
Press Release
Terms & 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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Use of this Web site constitutes acceptance of the AuctionMart Privacy Policy and Terms & Conditions .
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