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General:
These Terms and Conditions of Sale apply to all items offered for sale by LIQUIDITY SERVICES LIMITED, its officers, agents, employees, successors, and assigns trading as Liquidity Services (and hereinafter referred to as Liquidity Services).
Published auctions and offers by Liquidity Services should not be understood as a contractual offer in terms of law, but should be deemed as an invitation to the bidder to submit binding bids.
The term Buyer in the following provisions is defined as a person, a legal entity or a partnership of legal capacity, who upon conclusion of a legal transaction, acts for and within its commercial or individual professional duties on behalf of a business.
Liquidity Services, reserves the right to modify these Terms and Conditions of Sale at any time and any such modification shall become part of these Terms and Conditions of Sale. By participating in a sale, the buyer agrees to be bound by these Terms and Conditions of Sale.
The current Terms and Conditions of Sale can be found on the Liquidity Services website at www.LiquiBiz.com. Registered buyers will also be advised of any changes in the Terms and Conditions of Sale.
Liquidity Services sells to Registered Companies, Self-Employed, Sole Traders and Resellers; hereinafter referred to as the 'Buyer'.
By pressing the "Submit bid" and "Confirm bid" buttons on the website, each Buyer gives an undertaking to Liquidity Services that they are acting as a Registered Company, Self-Employed, Sole Trader or Reseller.
Liquidity Services requires that prospective buyers provide a suitable email address so that they may be contacted in relation to lots won, collection and payment as well as future sales events if requested. A prospective buyer's registration will not be approved until they receive and acknowledge the email verification that is sent to them as part of the registration process.
Where appropriate the following addresses should be added to the list of permitted addresses within any SPAM blocking systems used by the prospective buyer:
- informationUK@Liquidity-Services.com
- marketingUK@Liquidity-Services.com
Prospective buyers are also advised to ensure that emails from the above addresses are not directed to their "junk" folder or equivalent.
All items are sold by Liquidity Services on the basis that the terms implied by sections 13, 14, and 15 of the UK Government Sale of Goods Act 1979 as to description, satisfactory quality, fitness for purpose and sale by sample are not applicable.
Prospective buyers seeking information about sales or the property being offered should note that Liquidity Services staff are available as follows:
Via email at
informationUK@Liquidity-Services.com
telephone
+44 (0) 1249 464750
or on fax no.
+44 (0) 1249 709291
Business hours are: 8:00 until 17:00 (UK time) Monday to Thursday
and 8:00 until 12:00 on Friday.
ACCEPTANCE
The Buyer's placement of a bid for purchase of the Goods constitutes acceptance of the said Goods "as is", "where is" and ex-works. By purchasing the Goods the Buyer is deemed to have examined, or had the opportunity to examine the Goods, and agrees that the Goods are in every particular, fit for the purpose and use required by the Buyer.
WARRANTY
Liquidity Services disclaims all warranties, expressed and implied, with respect to the Goods including and without limitation any implied warranties of merchantability, fitness for a particular purpose, or freedom from latent defects. The Buyer is reminded that Liquidity Services is neither the manufacturer of the Goods nor an agent of the manufacturer and that the only warranty, if any, with respect to the Goods, is vested with the manufacturer.
LIABILITY
Neither Liquidity Services nor their Seller, shall be liable to the Buyer for any claims for damages, losses, costs, penalties, expenses, legal fees, or for any other liabilities of any nature whether:
Arising in contract, tort, or otherwise howsoever caused including without limitation any claims resulting from damage to property caused in whole or in part, directly or indirectly, by the Buyer, its representatives, agents or any third parties arising out of or in connection with the condition, use, operation, transportation, maintenance, possession, rental or sale of the Goods to a third party, negligence, breach of warranty conditions, delay, interruption of business, stoppages of work, failure to warn, operational deficiencies or failures, breakdowns, strikes, acts of God, unavailability of the Goods, or any cause whether avoidable or otherwise (collectively known as "specified claims").
In particular neither Liquidity Services nor their Seller, shall be liable for special, indirect, incidental or consequential damages, especially where the Buyer has been advised of their possible existence.
INDEMNITY
The Buyer shall indemnify, defend, and hold the directors, officers, employees, agents and subcontractors of Liquidity Services and their Seller, harmless from and against any and all specified claims.
DESCRIPTION OF SALE
Liquidity Services at its absolute discretion reserves the right to determine the method of conducting the sale. Notices from Liquidity Services may be transmitted by e-mail, letter, fax or telephone to the e-mail address, fax or telephone numbers provided by the prospective Buyer during registration. Liquidity Services may also provide written notices delivered to the postal address provided by the prospective Buyer during registration.
All potential bidders are advised to read the information provided in the lot information and the procedures included in these Terms and Conditions of Sale, and to inspect the Goods before bids are submitted. There are no warranties, either expressed or implied, and no returns, exchanges or refunds. All Goods will be displayed for on-site viewing, but Liquidity Services is not required to move items in order to facilitate inspection.
Liquidity Services reserves the right to withdraw any of the Goods at any time prior to the completion of a sale.
PRODUCT INFORMATION
Information provided by Liquidity Services is not guaranteed and should not be considered as a substitute for the prospective Buyer's due diligence in physically inspecting the Goods.
The exact condition of the goods for sale is not known to Liquidity Services and prospective Buyers should therefore note that the information and descriptions listed in advertising material for specific sales are merely for the general identification of the goods and do not represent any characteristics in terms of lawful purchasing. Liquidity Services accepts no responsibility nor makes any warranties regarding the contents of a sale. Information in the Lot and Items descriptions are provided to assist prospective Buyers, but the accuracy of this information is not guaranteed. It remains the prospective Buyer's responsibility to verify the information provided, including but not limited to item description, condition, quantity, estimated weight or other factors that determine the bid price.
The buyer shall be responsible for adherence to safety, licensing and environmental protection requirements as well as for applying for operating permits.
Where Liquidity Services provides the buyer with a translation of information and descriptions Liquidity Services herewith excludes any and all liability for or in connection with the accuracy or completeness of the translation.
ADVISORY: USEABLE AIRCRAFT COMPONENTS, ELECTRICAL & ELECTRONIC AND SAFETY EQUIPMENT
Prospective Buyers are advised that aircraft components offered in these sales may not currently be certified by the relevant regulatory authorities for use on civil registered aircraft. The Buyer of such components gives an undertaking to Liquidity Services by pressing the "Submit bid" and "Confirm bid" button or providing in writing that these parts will not be offered for onward sale or sold for use on civil registered aircraft unless appropriate certification is obtained from the relevant regulatory authorities, neither shall they be installed on a civil registered aircraft except by a properly certified technician. The successful bidder undertakes to defend and hold Liquidity Services harmless from any and all demands, suits, actions or claims of whatsoever nature arising from or out of violation of this Advisory.
Occasionally, Liquidity Services may offer safety equipment for sale. Buyers are hereby advised that such equipment may not be free from defect, and may not have current certification in place to be used for the purpose for which it was originally intended. The Buyer certifies that he/she will obtain any necessary repairs or re-certification needed before putting such safety equipment into use, or before re-selling the equipment as useable.
Buyers of electrical and electronic equipment give an undertaking to Liquidity Services by pressing the "Submit bid" and "Confirm bid" button, or providing in writing, that such equipment has not been tested by Liquidity Services or other sources and should not be used without testing to ensure that it can be safely used, unless specifically stated otherwise. If the buyer is not a trader in electrical and/or electronic equipment or is not qualified to test equipment for safe use, then the buyer must not purchase these items.
US DRMS VEHICLE SALES
Unless otherwise stated in the description, all vehicles received from US DRMS in the UK that are offered for sale by Liquidity Services, will receive a "United States Government Certificate to Obtain Title to a Vehicle" (SF-97) or a 'Release Document', made out to Liquidity Services Ltd. Additionally, Liquidity Services will provide a letter of assignment transferring ownership of the vehicle to the Buyer. Assignment of the SF-97/Release Document will be on an "as is, where is" basis. The Buyer understands and accepts that the SF-97/Release Document contains information provided by the US Government that may not be accurate or complete.
The Buyer is solely responsible for researching the requirements for titling and registration in their country, and determining whether the Liquidity Services titling process will be accepted by their country's Motor Vehicle Authority.
Liquidity Services is neither responsible, nor liable, for any unauthorized use or operation of vehicles sold by Liquidity Services, for vehicles that are not legally registered with the country in which they are intended to be operated, or for obtaining insurance and insuring vehicles that have been sold by Liquidity Services prior to any operation of the said vehicle.
The SF-97/Release Document will be transferred to the Buyer at the time the vehicle is released into the Buyer's possession. The Buyer understands and accepts that any authorization for release of the vehicle to a third party will include the release of the SF-97/Release Document and the letter of assignment to the third party.
The Buyer is solely responsible for obtaining any necessary country or local permits allowing the Buyer to move any vehicle from the location of the sale.
The Buyer agrees to defend, indemnify and hold Liquidity Services harmless for Buyer's failure to comply with the provisions of this Section. Vehicles described as "Material Recovery (MatR)" will not be provided SF-97s/Release Documents and this will be noted in the description (i.e. no title available). In these cases the invoice will be the only document used to transfer title to these items.
AUCTION DETAILS
Liquidity Services reserves the right at any time, without giving any reason or cause, to refuse any individual or organisation access to any or all sales.
At its absolute discretion, Liquidity Services reserves the right to reject any, or all bids.
Liquidity Services cannot guarantee that its system for placing, receiving, collecting and tabulating bids over the Internet will be available without interruption, free from errors or other defects. Neither shall Liquidity Services accept any liability with respect to any claim or allegation that a prospective Buyer's bid was not received, properly or effectively processed, or accepted due to technical errors or problems with the auction system of the Website.
PROXY-BIDDING
Where applicable Proxy Bid increments of minimum 5 GBP for UK based Sales are required. This feature will hold the prospective Buyer's bid, automatically raising it by 5 GBP increments in response to other bids until either the prospective Buyer has been successful in winning the Lot, or their pre-determined bidding limit has been reached.
SEALED BID SALES
Unless otherwise stated, sealed bids have to be sent electronically via the Liquidity Services Website. Liquidity Services accepts no liability for bids regardless of origin that are either not received, illegible, not accepted or not processed due to technical difficulties.
Sealed bids will only be accepted if received prior to the closing date and time for the specific Lot tendered, and once submitted may not be cancelled, withdrawn or amended, but may be increased.
TIED BIDS
In the event that equal bids are received for the same Lot, the prospective Buyers grant to Liquidity Services the sole and exclusive authority to resolve and make all final determinations with respect thereto.
In the case of a tie during a Sealed Bid Sale, the Lot will be awarded to the prospective Buyer whose bid was received first.
BID RETRACTIONS
No adjustment will be made to the winning bid due to any error in the bidding process, or any other discrepancy regarding description, condition, quantity, estimated weight or other factors that may influence the final bid price of a Lot.
PAYMENT TERMS
Payment in full is required within 3 working days of the presentation of successful bidder email and the Buyer is required to pay the total purchase price before the Goods may be removed either from Liquidity Services' premises or from the location where the Goods have been made available for sale.
Purchases made through the United Kingdom require payment by BACS or company cheque from companies within the UK, and Wire Transfer (URGENT SWIFT) for companies outside the UK. All payments must be received in GB Pounds Sterling. Banking fees and exchange differences are at the buyer's expense. Cash payments are not accepted.
The following information must accompany an electronic transfer of funds:
Invoice Number, Company Name
VAT at the current rate will be added to the purchase price. Buyers who are located outside of the EU and EU buyers that buy from outside their country of registration and who include their VAT number at the time of registration will not be charged VAT.
To prove indemnity from VAT charges and to fulfill requirements with the UK Customs and Excise Authority, Liquidity Services requires a copy of the airway bill or bill of lading to be provided after export.
If proof of export is not provided VAT at 17.5 % will be charged and an additional invoice will be raised to recover this amount.
If the buyer fails to pay the full purchase price within the time specified, Liquidity Services, with notice, may at its absolute discretion resell items that are not paid for. The buyer will be invoiced with 25% of the outstanding purchase price (or minimum 100 GBP) as liquidated damages for breach of contract. Furthermore Liquidity Services may at its absolute discretion suspend the buyer from further activities on the website. In such cases the buyer will be notified.
A sale is considered completed when the items have been paid for in full, AND when the property has been collected by the buyer or buyer's representative.
Property, which is still in storage and for which arrangements for continued storage or removal by the buyer have not been made, will not be considered a completed sale. Property stored beyond the removal deadline will be charged at the rate advised in the section 'Removal of the Goods'.
Title in the Goods will transfer to the Buyer only upon payment for and collection of the property.
Risk in the Goods will transfer to the buyer only upon full payment.
TAXES
The Buyer shall be liable for all taxes arising from the purchase of items from Liquidity Services.
REMOVAL OF THE GOODS
A schedule for the removal of the Goods will be specified for each sales event, and the Buyer shall remove all items purchased within the time limit. If, for any reason, removal cannot be completed within the specified time the Buyer shall arrange with Liquidity Services for an extension of time. In the event that Liquidity Services, at its absolute discretion, agrees to an extension of the removal period to accommodate the Buyer's request then the liability and risk of loss or damage to the Goods shall transfer to the Buyer. Prior to the expiry of the extension, if the property is not removed, the Buyer must make arrangements for the continued storage of the property with Liquidity Services.
Unless otherwise agreed charges at the following rates will be applied for property that is stored by Liquidity Services on behalf of the buyer.
£5 per pallet or equivalent per week or part thereof for storage requested by the buyer and authorized by Liquidity Services
£10 per pallet or equivalent per week or part thereof for unauthorized storage.
Storage periods are calculated from the day following the expiry of the collection period.
The Buyer shall be responsible for insuring, rigging, loading, securing and transporting purchased Goods, including all costs and risks associated with the removal. In certain situations, unless otherwise stated, Liquidity Services will arrange for 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 action, damages (including consequential damages and/or loss of use) or liabilities of any kind against Liquidity Services, its employees, officers, agents or subcontractors.
The Buyer, or his authorised agent, shall be responsible for inspecting and counting the Goods at the time of removal. After this time, claims related to any information provided by the Lot description or Item description will not be accepted.
SHIPPING AND DELIVERY
To assist with removal of the goods Liquidity Services provides information on packing and shipping services, accessible through the Help section of the website. This information is advisory only, and the Buyer shall hold Liquidity Services harmless from all or any claims, actions, and liabilities for damages (including consequential damages and loss of use), arising from the Buyer's selection and use of such packing and shipping services.
Shipping and Delivery is not included in the bid price. It is optional and if it is required the buyer is required to pay for it in addition to the purchase price for the goods.
From time to time Liquidity Services may provide Delivery Information which provides indicative prices for the transportation of typical goods. Such information is for guidance purposes only and is not guaranteed. A buyer that wishes to make use of this optional delivery service is required to make arrangements on an individual basis with Liquidity Services after they have received confirmation that they have won the auction. The exact price for delivery will be communicated to the buyer by email and will be invoiced separately. Goods will not be dispatched until both the goods and delivery have been paid for.
The Buyer, or his authorised agent, shall be responsible for inspecting and counting the Goods at the time of removal. After this time, claims related to any information provided by the Lot description or Item description will not be accepted.
At the Buyer's request Liquidity Services may provide information on packing and shipping services. This information is advisory only, and the Buyer shall hold Liquidity Services harmless from all or any claims, actions, and liabilities for damages (including consequential damages and loss of use), arising from the Buyer's selection and use of such packing and shipping services.
The Buyer, or his authorised agent, shall be responsible for inspecting and counting the Goods at the time of removal. After this time, claims related to any information provided by the Lot description or Item description will not be accepted.
DISPUTES
All disputes must be submitted to Liquidity Services in writing and must include the sales event number, the lot number(s), the customer user ID and the invoice number, along with a narrative describing the basis for the dispute. Disputes must be received by the Liquidity Services Customer Helpdesk within 2 days after collection of the merchandise.
Disputes arising from purchases made in the UK may be submitted via:
The My Account section of the website, using the feedback form or
Email to : informationUK@Liquidity-Services.com
Fax to +44 (0) 1249 709291
Post: : Liquidity Services Ltd,
Unit 4, Prince Rupert House,
Cavalier Court,
Bumpers Way, Bumpers Farm,
Chippenham, Wiltshire,
SN14 6LH,
United Kingdom.
Claims related to property condition, minor count discrepancies or buyer's failure to inspect the merchandise prior to bidding/removal will not be accepted.
HAZARDOUS GOODS
Liquidity Services will make every effort to disclose known hazards to potential buyers. The buyer acknowledges, however, that some goods may contain residual chemicals, friable asbestos, petroleum products, ozone depleting substances or other hazards. Furthermore, some items may have design features that constitute a hazard if warning notices are not heeded. Liquidity Services can accept no liability or responsibility for providing documentation or certification relating to the identification or status of such hazards.
The Buyer hereby agrees to defend, indemnify and hold Liquidity Services harmless from and against any and all damages, costs, claims or liability, including legal fees, for any injuries to persons or property of any type whatsoever, occurring during or resulting from the sale, removal, use or operation of the purchased Goods.
EXPORT LICENSING
Some items may be subject to export licensing restrictions imposed by UK authorities. The Buyer is responsible for compliance with all regulations, which may from time to time be imposed, and shall provide copies of End Use Certificates to Liquidity Services prior to the completion of a sale.
For further information regarding export from the United Kingdom please click the link below:
http://www.dti.gov.uk/europeandtrade/strategic-export-control/index.html
Liquidity Services does not sell Goods to companies, citizens or agents in:
Afghanistan, Belarus, Burundi, Peoples Republic of China, Democratic Republic of Congo (Zaire), Côte d'Ivoire, Cuba, Eritrea, Haiti, Iran, Iraq, Liberia, Libya, Myanmar (Burma), North Korea, Rwanda, Somalia, Sudan, Syria, Tanzania, Vietnam, Yemen, Zimbabwe.
Furthermore, Buyers of Goods from Liquidity Services are prohibited to resell or export the said Goods to the above listed countries, or any other territory, which may become the subject of embargo by the US or UK government at any time in the future.
For further information regarding the latest countries subject to UK sanctions and embargoes the pdf document can be downloaded from:
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029391422
For further information regarding the latest countries subject to US sanctions and embargo please click the link below:
http://pmdtc.org/country.htm
LEGAL
If any provision of these Terms and Conditions of Sale is deemed illegal, invalid or unenforceable the legality, validity and enforceability of the remaining parts shall not be affected.
Failure or neglect by Liquidity Services to enforce any provision of these Terms and Conditions of Sale shall not be construed or interpreted as a waiver of the said Conditions. No waiver of any term or condition shall have legal effect unless expressed in writing and signed by an authorised representative of Liquidity Services, and shall only be valid for the instance(s) so specified.
All business transacted between a buyer and Liquidity Services and any dispute or action arising from the application of these Terms and Conditions of Sale shall be exclusively governed by and in accordance with the law of England without regard to conflict of laws, provisions as well as the United Nations Convention on the International Sale of Goods. The English Courts will have exclusive jurisdiction to deal with any disputes arising.
By clicking on the "Submit Bid" and "Confirm Bid" button, and hence participating in a sale, the Buyer acknowledges having read and understood these Terms and Conditions of Sale, and agrees to be bound by them.
These Terms and Conditions of Sale are effective as of January 1, 2008.
Please address all enquiries to:
Liquidity Services Ltd
Unit 4, Prince Rupert House
Cavalier Court, Bumpers Way
Bumpers Farm, Chippenham
Wiltshire SN14 6LH United Kingdom
Tel +44 (0) 1249 464750
Fax +44 (0) 1249 709291
informationUK@Liquidity-Services.com
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