By Registering as a buyer or a user regardless of your
physical location, you agree that: (1) you have read these
Terms and Conditions; (2) you understand these Terms and
Conditions; and (3) you are bound by these Terms and
Conditions in your use of the Services and the Site.
Set forth below are the terms and conditions (the “Terms”)
that shall apply to every bid or purchase by any party
(“Buyer” or “Bidder”) either directly from Surplus Solutions
LLC (SSLLC) as an owner of any item, goods, fixtures or real
property, or in a transaction (“Transaction”) in which SSLLC
serves as broker, agent, liquidator or auctioneer for any
third party owner. The Terms apply to every transaction,
including without limitation, public auctions conducted by
SSLLC and direct purchases by Buyer of any item either
before, after or independent of any public auction.
TERMS AND CONDITIONS
1. No Warranty. All machinery, equipment, merchandise
and other items (the “Goods”) are sold on an “AS IS/WHERE
IS” basis without any warranties or representations, either
expressed or implied. Neither SSLLC nor the Consignor makes
any warranties or representations of any kind or nature with
respect to the property or its value and in no event shall
either be responsible for correctness of description,
genuineness, attribution, provenance, authenticity,
authorship, completeness, condition of the property or
estimate of its value. No statement (oral or written) in the
catalog, at the auction, or elsewhere shall be deemed such a
warranty or representation, or any assumption of
responsibility. Prospective bidders are urged to contact
SSLLC directly for detailed information regarding any item
for sales. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXPRESSLY DISCLAIMED.
2. Registration. Buyers must register prior to bidding
at any auction sale and must be of legal capacity to enter
into this agreement. All bidders must provide their name,
company (if applicable), mailing address, phone number and
email address prior to the auction. By registering, you
represent and warrant any and all Buyer Information is
accurate and complete. It is solely the Buyers
responsibility to maintain current Buyer Information for
completeness and accuracy. Bidders are required to provide a
valid Visa, MasterCard or American Express number, together
with security code, to secure its obligations hereunder. At
its discretion, SSLLC may charge a registration fee for
Electronic bidding. This fee will be clearly displayed
during the registration process.
3. Deposits. SSLLC requires a non-refundable deposit of
not less than twenty five percent (25%) of Buyer’s TOTAL
PURCHASE PRICE by the end of sale day – with the balance due
by the end of the next business day. This can be in the form
of a wire transfer, cashier’s check, or business check with
a bank letter of guarantee, or at SSLLC’s option, by way of
a charge to the credit card referred to in Paragraph 2. A
three percent (3%) credit card processing fee will be
charged based on the TOTAL DEPOSIT payment being made. At
its discretion, SSLLC may contact bidders via email or
telephone before or during the sale to obtain a bank letter
of guarantee or wire transfer as a deposit. If SSLLC does
not receive a response from its attempts to contact Buyer or
if the Buyer does not provide a deposit, SSLLC reserves the
right to refuse or cancel Buyer’s bids.
4. Invoices & Payment Instructions. Electronic Bidders
will be sent an electronic invoice to the email address
provided during registration. Invoices can be faxed upon
request. Detailed payment instructions for each sale are
available in the printed auction or sale lot catalog at the
sale or auction location on the day of the sale or auction.
Electronic Bidders will be sent detailed payment
instructions via email along with their invoice.
5. Payments. SSLLC must receive the balance of the
total purchase price no later than the close of business on
the day following the auction (the “Final Payment Date”).
All payments must be cashier’s or certified check, federal
wire transfer of immediately available funds or a corporate
check accompanied with a bank letter of guarantee, and all
of the foregoing must be in form, scope and substance
acceptable to SSLLC. Credit cards, which are accepted for
electronic bidding registration and for payment of the non-
refundable deposit will not be accepted for payment of the
balance of the total purchase price. Without limiting
SSLLC’s discretion, no corporate checks without a bank
guarantee and no personal checks will be accepted. No title
shall pass to Buyer until the total purchase price and all
Taxes have been paid to SSLLC in collected funds.
6. Taxes. Buyer must also pay to SSLLC on or before the
Final Payment Date, all sales, export, use and other taxes
due to any federal, state or local taxing authority (the
“Taxes”) as a result of
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including
without limitation, any taxes arising from any
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Premium (as defined in Section 7 below). To receive the
benefit of any sales tax exemption, Buyer must supply SSLLC
with a state
sales tax exemption certificate acceptable in form, scope
and substance to SSLLC in
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7. Buyer’s Premium. SSLLC in its sole discretion may
impose a
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sold. The
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percentage
that is
added to
the final purchase price of any item. SSLLC shall charge and
collect from each successful Bidder a
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premium
for
each sale at the auction, in addition to the purchase price
as bid. SSLLC makes the
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information
available in writing electronically or in printed format
prior to each auction for each of the Goods identified for
auction or sale.

8. Removal of Goods. Unless otherwise agreed in
writing, Buyers or their Agents must remove all Goods
purchased before the final removal date and time announced
by SSLLC at the auction (the
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(2) No Goods
shall be removed until the full purchase price and all
applicable Taxes thereon have been received by SSLLC in the
form required herein. ANY ITEMS NOT REMOVED ON OR BEFORE THE
REMOVAL DATE SHALL BE DEEMED ABANDONED AND SSLLC SHALL HAVE
NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS.
BUYER CONSENTS THAT SSLLC MAY DISPOSE OF ANY AND ALL ITEMS
NOT PAID FOR AND REMOVED BY THE REMOVAL DATE AND MAY RESELL
SCRAP, AND/OR OTHERWISE DISPOSE OF SUCH ITEMS.

9. Buyer shall be responsible for the safe and proper
removal of any Goods purchased by Buyer. SSLLC does not
pack, ship, store, crate or rig items. Buyers may either
pick up Goods at the designated auction site personally or
can contract with a third party agent to manage the removal
process for them. Before Goods can be removed by an Agent,
Agent must provide SSLLC with (1) proof of payment in full
(Paid In Full Invoice) and (2) an
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Release
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release
items to a
third party contractor for shipping, crating or packing
purposes.

10. Goods weighing more than 100 pounds must be removed
by a qualified, insured rigger. Before any removal, Buyer
must provide SSLLC with a certificate of insurance from the
rigger, which certificate must be in form, scope and content
acceptable to SSLLC in SSLLC’S sole discretion. Without
limiting SSLLC’S discretion, such certificate must show that
the rigger carries comprehensive liability insurance written
by an insurance carrier of national standing and in an
amount of not less than two million dollars ($2,000,000.00).
Without limiting the generality of the foregoing, Buyer
shall restore and repair all real and personal property that
is altered or damaged as a result of Buyer’s removal of the
Goods. SSLLC shall have no responsibility to disconnect
utilities to the sold asset, including electric, gas, waste
and water lines. Buyer is solely responsible to properly
remove and store in appropriate containers all fluids, oils,
hazardous chemicals, etc., from machinery purchased. Buyer
does hereby indemnify SSLLC, the Consignor and the owner of
the premises in which the Goods are located, from any and
all claims, damages, and losses arising from Buyer’s actions
or actions with respect to the Goods and Buyer’s presence on
the premises in which the Goods are located, including
without limitation, injuries to persons or property and
environmental violations or contamination. Risk of loss on
any Goods shall pass to the Buyer upon payment in full to
SSLLC of all sums due from Buyer in respect to the Goods.

11. Small Lot Removal. SSLLC shall have no
responsibility whatsoever for any missing or lost items that
can be removed by hand if such items have not been removed
within forty-eight (48) hours of the conclusion of the sale.
There will be NO removal of any lots until the auction is
complete.
12. Default. Bidders must bid only on those items they are
prepared to pay for and remove in accordance with the terms
and conditions of this sale. All items awarded to high
Bidders must be paid for by the Final Payment Date and
removed by the Final Removal Date. IN THE EVENT BUYER FAILS
TO PERFORM CONTRACTUAL OBLIGATIONS (PAYMENT AND REMOVAL) AS
SPECIFIED IN THESE TERMS AND CONDITIONS, THE FOLLOWING
ACTION APPLIES: PURCHASER WILL AUTOMATICALLY BE PLACED IN
DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Upon
default, the purchaser shall lose all right, title, and
interest which he/she might otherwise have acquired in and
to such property as to which default has occurred. SSLLC
will re-market and re-sell this property.
Failure to pay invoices in full by the Final Payment Date in
accordance with payment terms will subject Bidder to pay as
Liquidated Damages a sum equal to the lesser of (1) 20
percent of the invoice price of the item(s) as to which the
default has occurred, or (2) the full amount of the
difference between the original invoice price and the re-
sold price plus any expenses incurred to re-market or re-
sell these items. IF SSLLC HAS NOT RECEIVED PAYMENT FOR
WINNING BIDS WITHIN 24 HOURS OF THE FINAL PAYMENT DATE, THE
BIDDER AUTHORIZES SSLLC TO CHARGE LIQUIDATED DAMAGES TO THE
CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.
Failure to remove items by the Final Removal Date in
accordance with removal terms will subject Bidder to pay as
Liquidated Damages the full amount of the expenses incurred
to store or transport items until they are re-sold. IF BUYER
HAS NOT REMOVED ITEMS WITHIN 24 HOURS OF THE FINAL REMOVAL
DATE, THE BIDDER AUTHORIZES SSLLC TO CHARGE LIQUIDATED
DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE
REGISTRATION PROCESS.
13. After Buyer has removed any item from
SSLLC\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
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possession or within two (2) days of the date of the
auction, whichever is sooner, SSLLC shall have no obligation
to make any adjustment or accommodation to Buyer because of
any mistake in quantity or other defect or problem with
respect to such item. Buyer must make all requests for
adjustments in writing to SSLLC before any item is removed
from the premises where the auction is conducted.

14. Damages. SSLLC shall not be responsible for any
damages, loss or theft of Goods except in the case of
SSLLC’s willful misconduct. Without limiting the foregoing,
SSLLC shall not be responsible for damages or losses caused
by strikes, civil disorders, or acts of God.

15. Changes. SSLLC reserves the right to withdraw or
sell any assets contained in an auction prior to or
proceeding the stated auction period without notification.
SSLLC reserves the right to temporarily or permanently end
an auction prior to or during the stated auction period at
is sole discretion without notification. SSLLC, in its sole
discretion, reserves the right to extend the stated auction
period without notification. If for any reason SSLLC is
unable to deliver any Goods purchased by Buyer,
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liability shall be to return all sums paid by Buyer to SSLLC
in respect of such Goods. Buyer/Bidder hereby agrees that
under all possible circumstances,
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maximum
liability
in any and all auctions and sales transactions is hereby
limited to the purchase price actually paid by the Buyer or
Bidder for the applicable sale or auction transaction.
16. Minimum or Reserve Prices. SSLLC, in its sole
discretion, reserves the right to establish a reserve or
minimum price on any Goods without having to announce, post,
or publish notice to attendees and buyers at any auction.
SSLLC reserves the right to confirm or reject the final bid.
Further, SSLLC, and/or its affiliates or subsidiaries, may
bid at the auction for its own account, on behalf of a third
party or the seller.
17. Absentee/Proxy Bids. By completing an “Absentee
(Proxy) Bidder Form,” Bidders may appoint SSLLC to be an
agent and proxy for the sole purpose of purchasing the items
listed when the Bidder CANNOT bid on the day of the sale.
ALL BIDS ARE FINAL AND BINDING and DO NOT include any
applicable buyer’s premiums and sales taxes. SSLLC will bid
up to the specified maximum bid amount to win the item,
using only the amount needed to win the item. SSLLC has
complete discretion whether and when to accept Proxy bids.
The auctioneer’s announcements at the time the lot is sold
take precedence on any and all published materials. Proxy
bidders will be notified only if they have been declared the
high bid. Notification will take place in the form of an
electronic invoice which will be sent to the email address
provided during registration.
18. SSLLC, in its sole discretion, reserves the right to
refuse the bid of any person without providing any notice or
reason therefore.

19. SSLLC, in its sole discretion, shall control all
bidding increments and advances at any auction. SSLLC
reserves the right to reject any bid that is only a minimal
increase over the preceding bid, that is not commensurate
with the value of the item being offered or that SSLLC
believes was made illegally or in bad faith. In the event of
a dispute among Bidders, SSLLC may, in its sole discretion,
either accept what it deems to be the final bid or solicit
further bids on the item in dispute. No returns or refunds
will be permitted.

20. SSLLC reserves the right, in its sole discretion, to
sell items advertised as a public auction sale, on a piece-
by-piece basis or as a complete lot. Without limiting the
generality of the foregoing, SSLLC may accept a complete lot
bid and then conduct an item by item auction which auction
shall be effective only if the total proceeds therefrom
exceed the amount of the complete bid.

21. All information provided by SSLLC to a Buyer,
including without limitation, any advertising, lot sales
catalogs or otherwise, is subject to deletions, errors,
additions, and changes without notice. Although information
is gathered from sources thought to be reliable, SSLLC shall
have no responsibility whatsoever for any information
provided to any attendee or buyers. Every Buyer hereby
agrees to rely solely on the
Buyer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
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independent
investigation and inspection of any and all Goods.
22. Right to Amend Terms and Conditions. SSLLC reserves
the right to amend any and all of the Terms and Conditions
stated herein at any time without notification at SSLLC’s
sole discretion. It is the Buyers responsibility to read and
review the Terms and Conditions for each sale. SSLLC
provides the Terms and Conditions through its Websites and
in printed form at on-site auctions.
23. Agency Relationship. When SSLLC is selling or
auctioning any Goods on behalf of a Consignor, SSLLC shall
act as an agent only and shall have no liability whatsoever
for the acts of any owner or principal.
24. Export Law Compliance. Buyer hereby agrees to comply
with all US export and import control and related laws, and
acknowledge that SSLLC is not the exporter or importer of
any purchased item. Certain items offered for sale at the
auction may constitute
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\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"Restricted
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Under
federal law, such items may not be shipped outside the
United States. SSLLC makes no representation or warranty
concerning, and has conducted no investigation to ascertain
which items, if any, constitute Restricted Technology, or
whether any item may have been imported in violation of any
U.S. laws or international treaties.
25. Auction Sites. Buyers acknowledge that an auction
site is a potentially dangerous place, Flammable, noxious,
corrosive and pressurized substances may be present. Heavy
equipment may be operated and electrical circuits may be
live. Every person enters the auction site at his or her own
risk with notice of the condition of the premises and the
activities that will be or have been conducted on the
premises. No person shall have any claim against SSLLC, the
seller, the owner of the premises or their respective agents
for any injuries sustained or for damages to or loss of
property that may occur at the auction site.
26. SSLLC Rights and Remedies. If the Buyer fails to
comply with any of the Terms, SSLLC shall have all rights
and remedies available to it at law and in equity. Without
limiting the generality of the foregoing, SSLLC may retain
all deposits and partial payments received from Buyer and
may resell any Goods that Buyer fails to purchase. Buyer
shall be responsible for all costs, losses, and damages
suffered by SSLLC (i) as a result of Buyer’s breach of any
of the Terms, including without limitation, lost profits and
consequential damages, and (ii) incurred in connection with
the enforcement of SSLLC’S rights, including, without
limitation, legal fees and costs and expenses related to the
resale of Goods, including storage and rigging fees.
27. No Collusion. Buyers agree they will not participate
in any bidding practices with the intent of manipulating the
bidding. Any and all forms of collusion between Buyers is
forbidden. Buyers agree they will not place bids using false
names or Buyer Information.
28. Buyers Indemnification. Buyers agree they will
defend, indemnify and hold harmless SSLLC, including its
affiliates, directors, officers, employees, agents,
shareholders, co-branders, or partners, from and against any
and all claim, loss, damage, liabilities, judgments, fees
and expenses incurred by SSLLC, including its affiliates,
directors, officers, employees, agents, shareholders, co-
branders, or partners, through the use of SSLLC Services and
Websites.