Terms and Condition of Sale For Goods are subject to the following Terms and Conditions of Sale, City Auctions ("Seller") offers salvaged, damaged, liquidated, returned, rejected, distressed, unlabeled, lost, undelivered, used and/or other bulk goods or overgoods, which may or may not be operable, functioning, marketable or useable, for bulk purchase by qualified Buyers with the understanding that such may have nominal value as discounted items for auction and/or resale ("Goods").
The following terms and conditions of sale shall apply to all Goods sold by City Auctions. All Goods are sold strictly on an "as is" and "where as" basis. All sales are final and are not subject to a refund under any circumstance. The buyer can inspect their winnings upon picking up the item.
Seller reserves the right to refuse to sell Goods to any Buyer and to disqualify any Buyer suspected of or actually engaged in unlawful, unethical or bad faith conduct in connection with the purchase of any Goods.
Seller reserves the right to withdraw Goods listed for sale at any time and for no reason whatsoever. A buyer's bid is a contract between buyer and seller. If the buyer has the highest bid; buyer enters into a legally binding purchase contract with the seller. Seller requires that payment and pickup for Goods be made within 10 calendar days of sale. This includes payments that are made online and also in person at our location. Failure to pay/pick up will result in immediate account restriction and forfeit of auctions. A reinstatement fee of 25% of the total invoice amount due at the time auctions were forfeited will be required to unrestrict the account. More than one offense will result in a permanent ban.
Buyer shall comply with applicable federal, state and local laws, and accepts sole liability and responsibility, relating to the purchase, delivery, transportation, storage, maintenance, use, auction, resale, consignment, transfer, gift and/or or disposition of the Goods.
DISCLAIMER OF WARRANTIES; RELEASE. SELLER DOES NOT WARRANT, EXPRESSLY OR IMPLIED, THE GOODS, OR THE CONDITION, AUTHENTICITY, QUALITY OR VALUE OF ANY OTHER ASPECT OF THE GOODS, INCLUDING CONFORMITY THEREOF TO ANY APPLICABLE STATE OR FEDERAL LAW (I.E., COPYRIGHT, PATENT, TRADE DRESS, TRADEMARK, LICENSING, MANUFACTURING, DISTRIBUTION, WHOLESALE, RETAIL, PRODUCT LIABILITY, ETC.). SELLER EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND RESPECTING THE GOODS, INCLUDING THE IMPLIED WARRANTIES OF "MERCHANTABILITY" AND "FITNESS FOR PARTICULAR OR USE OF PURPOSE". ACKNOWLEDGING BUYER'S CONSENT TO THE TERMS HEREOF, BUYER EXPRESSLY AGREES TO AND DOES HEREBY (i) ACCEPT ALL LIABILITY AND RESPONSIBILITY RESPECTING, AND (ii) RELEASE AND DISCHARGE SELLER FROM ANY AND ALL LIABILITY ASSOCIATED WITH, BUYER'S PURCHASE, DELIVERY, TRANSPORTATION, STORAGE, MAINTENANCE, USE, AUCTION, RESALE, CONSIGNMENT, TRANSFER, GIFT AND/OR OR DISPOSITION OF THE GOODS, INCLUDING ANY COMPENSATORY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY DEMAND OR CLAIM OF ANY KIND OR NATURE WHATSOEVER, KNOWN OR UNKNOWN, ACCRUED OR UNACCRUED, LATENT OR APPARENT, OR WHICH MAY HEREAFTER DEVELOP, WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LAW.
Buyer shall indemnify and hold harmless Seller and/or its owners, directors, officers, employees, managers, agents, attorneys, parents, subsidiaries or affiliates ("Affiliates") from and against any demand, liability, claim, loss, expense or damage, of any kind, including attorneys' fees, asserted against Seller and/or Seller's Affiliates, arising from or relating to Buyer's purchase, delivery, transportation, storage, maintenance, use, auction, resale, consignment, transfer, gift and/or or disposition of the Goods, including respecting any injury to person or property, infringement upon IP interests, or any defective product. Buyer shall be solely responsible for all taxes and other fees associated with the purchase, use, auction or disposition of the goods. Sales tax will be assessed and collected at time of payment, unless a valid tax exemption certificate is tendered at registration.
Utah law shall govern any sales transaction between Buyer and Seller relating to the Goods and all disputes pertaining thereto shall be resolved solely and exclusively by means of binding arbitration before a single and neutral Arbitrator in Salt Lake City, Utah in accordance with the rules of the American Arbitration Association, as augmented by the civil rules of procedure. In the event of a dispute, and prior to the commencement of any arbitration proceeding, Buyer and Seller shall engage in good faith settlement negotiations and/or a mediation after an exchange of relevant discovery. In the event of a breach of this Agreement, the prevailing Party shall be entitled to an award of its attorneys' fees and costs.
These Terms and Conditions constitute the entire and integrated agreement between Buyer and Seller and supersede any and all prior discussions, representations, promises, agreements or communications of any kind with respect to the subject matter hereof. Neither Buyer, nor Seller, has actually or reasonably relied upon any representation, non-disclosure or fact other than as provided herein in entering into this Agreement. These Terms and Conditions may be modified only in a writing signed by Seller. CityAuctions.com reserves the right to modify these Terms and Conditions of Online Auction Sale and Warranty Disclaimer and Release.