Sales Terms

A BUYER`S PREMIUM OF 10% WILL BE APPLIED TO INVOICE IN ADDITION TO THE SALES PRICE. Any photographs with rulers are to give an estimate of scale and aren't intended to portray precise measurements of parts. Please refer to the description or ask us if you need an accurate dimension. *For lots with multiples quantities: The article you receive may have cosmetic variances from the photographed item. Please contact us before purchasing if you would like additional photographs of the item you will actually receive. Shipping charges are non-refundable. A re-stocking fee of 10% will be charged on all returns. Damaged-in-transit items are to be held by the customer until a claim has been processed; please hold all packaging materials and contact us immediately if your package was damaged. DETAILED TERMS AND CONDITIONS: PLEASE READ ALL TERMS & CONDITIONS PRIOR TO BIDDING! THESE TERMS AND CONDITIONS govern the relationship between you (the "Purchaser") and Spartan Industries LLC. (the "Seller"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, THE Seller WILL NOT WAIVE ANY TERM OR CONDITION CONTAINED HEREIN AND PUTS ALL PURCHASERS ON STRICT NOTICE THAT THESE TERMS SHALL BE ENFORCED. IMPORTANT NOTICE: UNLESS OTHERWISE STATED, ALL EQUIPMENT, PROPERTY, AND MATERIALS OFFERED FOR LIQUIDATION (the "items") ARE LOCATED IN SHELBY TWP., MICHIGAN. INSPECTION MAY ONLY TAKE PLACE IN SHELBY TWP, MICHIGAN BY APPOINTMENT ONLY. 1. REMOVAL: Seller is responsible for removal of item(s). Items can only be removed once full payment is received. Seller shall prepare items for loading onto your transport; F.O.B. on site. Upon failure of Purchaser to collect goods within time specified as posted or announced, the Seller shall have the option in its sole discretion of removing and storing the purchased items at the expense and risk of the Purchaser or may resell the purchased items without notice at public sale or otherwise dispose of goods at the sole risk and expense of the Purchaser. The Purchaser shall remain liable for any losses, expenses and damages arising from the Purchaser's failure to make payment or to obtain the purchased items within the time specified by the Seller. The Purchaser hereby indemnifies and holds the Seller harmless against all losses, damages, expenses, including legal fees and transportation expenses arising directly or indirectly from the Purchaser's failure to make timely payment or to pick up purchased items within the time(s) specified by the Seller. 2. IDENTIFICATION: All potential Purchasers are required to register prior to becoming an "Approved Purchaser". All Purchasers are required to give their full name or business name; permanent street address (P.O. Boxes will NOT be accepted or approved); phone number(s); email address, valid credit card and website, if applicable. The information collected by the Seller shall be used for the purposes of verifying identity of the successful Purchasers on certain lots of items, to enforce the terms of the liquidation, and for collection measures on failure to pay or to pick up purchased items on the part of the Purchasers. The Seller complies with relevant privacy legislation. 3. PAYMENT: Full payment is due within 72 hours of receipt of invoice. Only credit cards, PayPal, wire transfer, Money order, and cash at location are accepted payment methods (NO EXCEPTIONS). Additional payment processing charges may apply for invoices paid via credit cards or PayPal. All SALES PRICES ARE LISTED IN US DOLLARS. All applicable sales taxes shall apply. 4. NO WARRANTIES - All property is sold "as is" and the Seller makes no warranties or representations (express, implied or otherwise) regarding merchant-ability, fitness, use, operation, or quality of the property and no statement anywhere shall be deemed such a warranty, representation or condition. Prospective Purchasers should inspect the property before bidding to determine its condition and quality. Each and every lot is sold by the Seller with all faults and defects and with all errors of description and is to be taken and paid for whether genuine and authentic or not and no compensation shall be paid for same. The Purchaser shall indemnify and hold the Seller harmless against any incorrectness, error, or imperfection not noted in the online catalog whether known or unknown by the Seller. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold "as is" and without recourse. 5. COMPLIANCE WITH TERMS OF SALE: In default of payment of the purchase price in full within the time therein specified, lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice (by the Seller), and any deficiency, together with all expenses and charges of resale including legal fees, will be charged to the defaulting Purchaser. 6. RIGHTS RESERVED. The Seller reserves the right to reject any bid. The highest Purchaser acknowledged by the Seller will be the purchaser. In the event of any dispute between Purchasers, or in the event of doubt on the part of us as to the validity of any bid, the Seller will have the final discretion either to determine the successful Purchaser or to reoffer and resell the article in dispute. If any dispute arises after the sale, the Seller's sale record is conclusive. The Seller further reserves the right to withdraw any item(s) at any time before the actual sale. 7. OWNERSHIP - All items become the sole responsibility of the purchaser immediately at the expiry of the time allotted for the item. Although the Seller will exhibit reasonable care to safeguard purchases, until removed by purchaser, no refunds or adjustments will be allowed for any shortages. If you believe you are entitled to an adjustment to your invoice due to missing or damaged item(s), you must report the problem to the Seller. Once the equipment has left the building, there will be no adjustments. If for any reason whatsoever a purchased item as bid cannot be delivered within that period of time of delivery provided for at the sale, the Buyer expressly waives any liability on the part of the Seller and further agrees that any obligation with respect thereto shall be limited to the bid and paid for price for said purchased items. 8. PERSONAL AND PROPERTY RISK - Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify the Seller from liability therefore. Neither the Seller nor its principal, consignor, agents, employees, directors, or officers shall be liable by reason of any defect in or condition of the premises in which the sale is held. 9. BUYER'S PREMIUM - Buyer's premium applies to all purchases in the amount stated above. 10. RECORDS - The record of sale kept by the Seller will be taken as final in the event of any dispute. 11. BIDS - The Seller shall serve as regulator and arbitrator on all matters relating to bidding. No bidder may retract a bid. 12. THE BUYER does hereby assume and does agree to indemnify and hold the Seller and Seller harmless from any future claim, which shall pertain to the fitness or use of that asset as being purchased. 13. PACKAGING AND HANDLING - Shipping and handling cost will be applied if you need us to ship out smaller items to you using carriers like UPS, USPS, FedEx, or DHL. Buyer is responsible for packaging and handling their own arranged freight pick up or personal pick up. Packaging and handling cost will be applied if the buyer needs us to handle packaging on freight pick up or personal pick up. 14. SHIPPING - The Seller will contact the Purchaser for shipping arrangements ONLY when the equipment has been paid in full AND the Seller has completed preparing the items for shipping. All pickups are by appointment only. The Purchaser will be responsible for providing all shipping related documentation to the Seller upon being notified that the purchased equipment is ready for delivery. All items must be picked up within 7 business days upon being notified that equipment is ready for delivery. The Seller will regard the equipment as abandoned if Purchaser fails to retrieve the equipment after 7 business days. 15. DISMANTLING - The Seller will not dismantle any products or items listed in the liquidation. All items will be shipped as seen in the liquidation and/or liquidation photos. 16. ADDITIONAL TERMS AND CONDITIONS - Additional terms or conditions of sale may be added by Seller by announcement or posted on the premises prior to the liquidation.