|Terms and Conditions
These Terms and Conditions apply to all items offered for sale by A & W Surplus its officers, agents, employees, successors, and assigns ("AWS"). A & W SURPLUS, reserves the right to modify these Terms and Conditions at any time and any such modification shall become part of these Terms and Conditions. By participating in a sales event, the Buyer agrees to be bound by these Terms and Conditions.
Prospective Buyers are reminded that Customer Service is available to answer your questions from 9:00 a.m. until 5:00 p.m. (PST) Monday through Saturday by emailing us at email@example.com or by calling 559-348-9428 to answer your questions. Please allow 48 hours for response. If you have any questions about sales events or the property being offered - DO NOT PROCEED WITHOUT SEEKING ASSISTANCE. Adjustments (of any kind) will not be made due to your failure to read and understand these Terms and Conditions. By clicking on the “Submit Order” button, you acknowledge that you have read and understand and that you agree to be bound by the Terms and Conditions.
ACCEPTANCE OF PURCHASED PROPERTY “AS IS”; DISCLAIMERS, WAIVERS AND INDEMNITY, Buyer's purchase on the property constitutes acceptance of the property as is and in the given condition. “Acceptance” as used here also means that, by purchase of the property, Buyer will be deemed to have examined, or had the opportunity to examine, the property and agreed that the property is of the size, design, capacity and manufacturer selected by Buyer, is in physical and mechanical condition acceptable to buyer, and is fit for the particular purpose and use required by Buyer. AWS disclaims all warranties, express and implied, with respect to the property, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the property is free from latent defects. Buyer acknowledges that AWS is not a manufacturer of the property, or an agent of the manufacturer, and that the only express warranty with respect to the property is that of the manufacturer, if any. Buyer waives any and all liability of AWS and claims against AWS for damages, losses, costs, injuries, penalties, expenses, attorney's fees and liabilities of whatever nature whether in tort, contract, warranty or strict liability, including without limitation those resulting from injuries or deaths of persons and damages to property resulting from or arising out of or in connection with the use, condition, operation, transportation, service, possession, rental or sale of the property, loss or liability resulting from negligence, breach of warranty, parts, labor, delay or business interruption by Buyer or third parties, delivery delays, work stoppages, failure to warn, operational deficiencies or failures, breakdowns, strikes, acts of God, unavailability of the property or other cause (whether such causes are avoidable or not) caused in whole or in part, directly or indirectly by Buyer, AWS employees, representatives, agents or third parties (collectively, “specified claims”). Under no circumstances is AWS responsible for special, indirect, incidental or consequential damages, even if Buyer has been advised of their possible existence. Buyer agrees to indemnify, defend and hold AWS harmless from and against any and all specified claims.
• There are no returns, exchanges, or refunds.
• AWS reserves the right to determine the method of conducting the sale.
• Credit cards transactions that are rejected will result in a $25.00 penalty being assessed against the buyer, and may result in other sanctions by AWS, up to banning offenders from participating in AWS sales events.
• Credit cards submitted by a Buyer must be in the name of the registered Buyer and valid at the time a lot(s) is awarded.
• AWS reserves the right to refuse any individual or organization access to our sales events.
• Any Buyer that attempts to rescind a credit card transaction without the express written consent of AWS to do so (i.e., charge-back), will be immediately and permanently banned from AWS sales events.
• Buyer agrees to make payment in full within the specified period of time and to remove all items purchased within the specified removal period. Items not removed within the specified removal period will be considered abandoned by AWS and AWS shall re-lot the merchandise for sale.
• If any provision of these Terms and Conditions is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts shall not be affected.
• AWS shall act as sole arbitrator in any disputes that may arise during the sale process with the Buyer.
• Notices from AWS shall be transmitted by e-mail, fax and/or phone to the email address, fax and phone numbers provided by Buyer during registration. AWS may also provide notice in written form delivered through the U.S. mail or certified mail to the address provided by Buyer during registration. AWS is not responsible for the errors of the Buyer in conveying the Buyer's correct contact information.
• AWS does not guarantee that its system for placing, receiving, collecting and tabulating sales will be available without interruption, error-free or free from other defects. AWS assumes no obligation to ensure that a prospective Buyer's order is received, properly and effectively processed, or accepted.
AWS SHALL NOT BE LIABLE TO ANY PROSPECTIVE BUYER ON ANY CLAIM OR ALLEGATION THAT THE PROSPECTIVE BUYER'S ORDER WAS NOT RECEIVED, PROPERLY AND EFFECTIVELY PROCESSED AND/OR ACCEPTED DUE TO TECHNICAL ERRORS OR PROBLEMS WITH THE INTERNET SHOPPING SYSTEM OF THIS WEB SITE.
• Failure by AWS to enforce any provision of these Terms and Conditions shall not be construed or interpreted as a waiver of the Terms and Conditions. Any waiver of any term or condition shall be in writing, signed by an authorized representative of AWS, and shall be effective only for the instance specified in the writing.
• The proper venue for litigation against AWS shall be in a state court in Fresno County , State of California .
DESCRIPTION OF SALE :
There are no warranties, either expressed or implied, and no returns, exchanges or refunds. All property will be displayed for onsite viewing. AWS is not required to move the items to facilitate viewing.
The information and description found in the advertising materials for specific sales are deemed reliable but are not guaranteed. AWS neither assumes responsibility nor makes any warranties regarding the sale's contents. AWS does not represent or warrant that the condition codes are accurate. It shall be the Buyer's responsibility to verify information and item's description, including but not limited to, estimated weight, count, measure or other factors that determine the price. Information provided by AWS is not guaranteed and should not be considered as a substitute for our customer's due diligence and/or physical inspection of the property.
All disputes must be submitted to A & W Surplus in writing, and must include the buyer information, and item number(s), along with a narrative describing the basis for the dispute. Disputes may be submitted via email to firstname.lastname@example.org, fax to 559-348-9428 or letter to the A & W Surplus, 330 N Duke, Fresno , CA 93727 . Claims related to property condition, minor count discrepancies, or buyer's failure to inspect the merchandise prior to purchase/removal will not be honored.
The Buyer must pay the total purchase price before property may be removed from AWS's site.
Credit cards submitted online will automatically be charged the full amount of the Buyer's purchase. If the Buyer chooses another form of payment, the following information must accompany a letter of instruction:
Signature and Date
Acceptable forms of payment include VISA™, MasterCard™, cashier's check, money order, wire transfer, and PayPal™. Payment in full must be received within 72 hours of the order.
In the event the Buyer fails to pay the entire purchase price within the time set forth by AWS and/or fails to comply with any of the Terms and Conditions of the sale, AWS will resell the property at public or private sale without further notice.
It is a violation of law to place orders in a false name, even if AWS's software initially accepts such an order. Please be aware that even if you do not give your real name, your web browser transmits a unique Internet address that can be used by law enforcement officials to identify you. Submitting a false order puts you at substantial personal legal risk. Fraudulent buyers will be prosecuted to the fullest extent of the law.
REMOVAL OF PROPERTY:
If for any reason removal or purchases cannot be completed quickly, it is the responsibility of the Buyer to arrange with the AWS Site Manager for an extension of time. AWS shall not be responsible for property that is not removed within the time allotted. If property is not removed within the specified removal period for the sale or scheduled for removal at a later date with the AWS Site Manager, AWS will consider the property to be abandoned by the Buyer and the Buyer shall have abandoned all right, and interest therein. Abandonment or late removal letters will not be sent by AWS to the Buyer prior to exercising the right of abandonment.
In the event that AWS extends the removal period to accommodate a buyer's needs, the Buyer understands and accepts that the liability and risk of loss shall not rest with A & W Surplus, but shall be at the Buyer's own risk.
Buyer is responsible for rigging, loading, securing and transporting purchased property, to include all costs and risks associated with removal. In certain situations, unless otherwise stated, AWS will provide a free tailgate loading but will NOT guarantee a specific loading time. In consideration for this 'no cost' loading service, the Buyer agrees to release, hold harmless and waive any and all claims, causes of actions, damages (including consequential damages and/or loss of use) or liabilities of any kind or nature against AWS.
At Buyer's request, AWS's personnel may provide information on packing and shipping services. Buyer understands and acknowledges that this is informational only. Buyer further agrees to hold AWS harmless from any liabilities, damages or consequences resulting from the selection and use of said packing and shipping service.
Should the Buyer choose to use a transportation company for the removal of their property, AWS will not be responsible for any of the associated costs whatsoever. The Buyer is reminded to be specific and clear in the instructions to the Transportation Company so that AWS is not shown as a responsible financial party.
• The Buyer or their agent is responsible for property counts at the time of removal/delivery. Claims after that time will not be honored.
PROSPECTIVE BUYERS ARE CAUTIONED THAT:
The Buyer hereby agrees to defend, indemnify and hold AWS 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 whatsoever, occurring during or resulting from the sale, removal, use or operations of the purchased property.
Some items may be subject to export restrictions imposed by applicable U.S. Laws and Regulations. Buyer is responsible for compliance and should become aware of requirements and associated penalties for failure to comply.
I UNDERSTAND THAT BY PARTICIPATING IN AN A & W SURPLUS TRANSACTION THAT I AM AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.