SSALLC Terms & Conditions Last Revision Date: 6/6/2021 Bid Responsibly: Please DO NOT bid in the auction if you are not of sound body and mind, or in any way unsure that you can complete the purchase of property. ALL Bidders that do not adhere to these Terms and Conditions will be prosecuted to the full extent of the law. By registering to bid on the Stanley Surplus Auction ("SSALLC") webpage, theBidder (i.e., the Buyer and/or representative of company or entity with financial authorization) has read in its entirety, acknowledges and agrees to abide by these Terms & Conditions ("T&C's"). The T&C's should be referenced before placing bids in every auction as they may have been changed or modified at any time with regular updates. SSALLC reserves the right to start, end, postpone, place a hold or reserve on any lot or auction at its sole discretion. "Titles" in parentheses will be used to represent their accompanying definition for the remainder of this document. Internet-Only Auction: All bidding will take place online. 1.) Registration: Registering is free. Bidders must provide a valid credit card in order to participate in each auction. A $1 charge will temporarily appear on your credit card account in order to validate the card upon successful registration. Note that we do not actually charge your card but merely verify credit cards authenticity. 2.) Max Bids: When you place a max bid, the HiBid bidding software will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. If you so choose, you may place another bid within the allotted time of the auction. 3.) Soft close: 3 min Soft-Close. If a bid is placed in the last 3 minutes of a Lot closing, an additional 3 minutes will be added to the closing time. Soft-close allows other bidders the opportunity to place their final bids. 4.) Preview: Call to make a preview appointment or preview over the phone via Facetime or Skype. Inspections will be by appointment only. Please call or email before driving to our location to verify someone will be able to assist you. 5.) Buyers Premium: All bids are subject to a 10% buyer's premium. The buyer's premium is calculated as a percentage of a lots hammer price and is charged in addition to the hammer price of winning bidder's invoice. 6.) Tax: All purchases for products and services may be subject to sales & use tax, customs tax, DMV tax or any tax imposed by any federal, state or local authorities and to be paid by the Buyer. Tax varies according to the jurisdictions in which assets are located. Out of state bidders must pay sales tax as invoiced and will be reimbursed upon presentation of signed bill of lading from common carrier showing merchandise was taken out of state. 7.) Exemptions: All exemptions must be completed and signed no later than 24 hours after auction close in order to be eligible for exemption. Exemption Certificates can only be applied on a per invoice basis. Each auction requires a new certificate to be filled out by the authorized permit holder and sent to the office. We cannot fill out forms for you. WE CAN NOT APPLY A CERTIFICATE FROM A PAST AUCTION TO THE CURRENT AUCTION. 8.) Payment: The winning Bidder's credit card that was used to register on HiBid will be automatically processed following the auction closing up to $1500. Bidder's with invoices greater than $1500 will have said amount held as a deposit. Bidders must settle the balance of the invoice within 48 hours from the closing of the auction. If you prefer a different method of payment we ask that you contact us by email or phone prior to the auction closing or immediately there after. Payment in full is due no later than 48 hours after the close of the auction. No Exceptions! We accept the following forms of payment: Cash, Cashiers check, Money Order, Paypal, Visa, MasterCard, American Express, Discover. 9.) Shipping: Shipping is not available on this item. All transportation and logistics are the responsibility of the awarded Bidder. No assistance will be provided by the seller or SSALLC. 10.) Pick-up: Bidders agree to pick-up their awarded property within two (2) weeks of auction closing. Pick-up's are by are appointment only and remain MANDATORY. Winning Bidders will receive their receipt of deposit/payment in an email that includes a link to our convenient appointment scheduling app. Alternatively, Bidders may call or email the office to arrange a pick-up appointment. Purchased property will only be released upon receipt of full payment as invoiced. 11.) Liability: Loading, rigging and removal of any and all property is ultimately the Bidder’s responsibility. SSALLC will not be responsible for any damages or loss incurred to either party as a result of loading or transporting of property, in process, or stored at its location. Each lot awarded becomes the Bidder's property following each lot closing and it is the Bidder's responsibility to purchase insurance on awarded lot. Under no circumstances will Bidder's be permitted to leave the premises with any lots if an outstanding balance is remaining on their account. All invoices must be fully settled. All sales are final. 12.)Default: IF FOR ANY REASON THESE T&C's ARE NOT MET BY THE BIDDER, THE BIDDER IS PLACED IN DEFAULT. THIS IS YOUR OFFICIAL NOTICE OF DEFAULT. Bidders agree to remove the property in a timely manner. All lots not collected within 2 weeks following the close of an auction will be considered abandoned. Bidders forfeit any rights or ownership to property. Property may be resold or disposed of at the sole discretion of SSALLC. SSALLC is not obligated to provide any money, charge backs, refunds of deposits or payments of any kind. A 15% relisting fee will be assessed for all invoices in default. Accounts with insufficient funds or chargebacks will incur an additional $25 fee. Bidders in default may be eliminated from participating in any future auctions. SSALLC is not responsible for any fees charged by either party's financial institution. 13.) Bidder's Due Diligence: Catalog should be used as a guide and as only a guide. All items up for auction are offered “AS IS, WHERE IS.” Descriptions of property by Consignor, Vendor or Auctioneer are not guaranteed. Descriptions that state “Tested”, “Working” or “Turns on” are observations made by SSALLC’s members and believed to be accurate upon arrival at our facility but are not guaranteed. SSALLC is not responsible for any errors or omissions of property description. SSALLC does not offer any kind of warranty. SSALLC strives to describe condition of property as accurately as possible but we do not have time to test every item. Possible “untestable” scenarios may include (but are not limited to) no; fuel, propane, natural gas, electrical outlet of correct voltage, running water, drainage or sufficient time. SSALLC is not responsible for providing a means to test every item at preview. It is ultimately the Bidder’s responsibility to preview property and determine the value of property prior to placing bids. Bidder acknowledges sufficient opportunity to preview property up for auction has been provided. Opting not to preview does not release the Bidder of the responsibilities as stated in this agreement. Bidders are encouraged to perform their due diligence and take advantage of the preview days. Call to make a preview appointment or preview over the phone via Facetime or Skype. 14.) No Warranty: SSALLC does not represent any warranty or guaranty of any kind, expressed or implied, as to the condition or fitness for any purpose of the property offered for sale. SSALLC does not offer any exchanges, refunds, adjustments, or accepts any refusals to pay or chargebacks for any reason. Non-delivery of purchased property for any reason whatsoever shall be settled by SSALLC. SSALLC is only liable for the Bidder's deposits or payments on such non-deliverable property, and nothing more. Any claims of misrepresentation must be made on-site at time of removal. Upon Bidder taking possession of property and removing such property from the premises, all claims will be considered null and void. 15.) Disclaimer: Many of the items found on the SSALLC website are pre-owned customer returns. Item's condition may include (without limitation) missing; parts hardware or batteries, chipped/fading paint, not running/non-operational motors, and/or damages seen or unseen (internal or external). Some pictures posted for each lot are "stock photos". These stock photos are deemed to be of the same model and/or likeness of property in that lot. These photos are for reference purposes only and should not be considered to be exact accurate representations of the property within that lot. SSALLC is not responsible for any errors in the description or images of any property up for bid. Bidder is not entitled to any payment for loss of profit or any other money damages, direct or indirect. All sales are final. 16.) Indemnification: Bidder shall hold harmless and indemnify Stanley Surplus Auction LLC and its respective members, associates, affiliates, vendors, consignors, sellers or employees from any claim, action, losses, damages, suits, judgments, litigation costs and/or costs, including, but not limited to, reasonable attorneys' fees or court preceding fees due to or arising out of (a) your use of the Site or (b) any sale or use of inventory products. Stanley Surplus Auction LLC is located in the County of Sacramento California, therefore any disputes that arise from any transactions or interactions between the Auction House and all parties shall be governed by the Laws of Sacramento County Court System in California. 17.) Bidding: By registering for this auction, you are entering into a legally binding contract with Stanley Surplus Auction LLC to make payment on property, including any stated premiums, sales tax, card processing fees, storage fees, and shipping fees that are associated as invoiced. Bidders are responsible for securing their account and not allowing other people, pets or entities to place bids on their behalf. The Auction will be conducted by offering the items per lot. Each lot or item is the subject of a separate sale. SSALLC reserves the right to combine, subdivide, regroup, reorganize or withdraw any item at its sole discretion. The Bidder offering the highest bid, accepted by the Auction House, at the closing of each lot shall be the Buyer of the offered lot. Bidder shall not retract their bid once the bid is accepted. 18.) Disputes: If a dispute arises after the sale of any lot, SSALLC's records shall be deemed conclusive in all respects and SSALLC may put the lot in dispute up for bid again. SSALLC reserves the right to refuse any and all bids. All sales are subject to approval by the Seller. SSALLC has the right to place Reserves on any and all property at its sole discretion, this includes placing bids on behalf of the seller. Reserves on lots may or may not be disclosed prior to a lot's sale. SSALLC is not responsible for hardware failures, loss of internet connection or power failures during the auction. SSALLC simply provides a platform to its Sellers & Bidders to conduct transactions on purchased property. SSALLC is not a party involved in any transactions. Bidders acknowledge this service could possibly malfunction or fail at any time. SSALLC is not responsible for misrepresenting e-mails claiming identity of awarded bidder. SSALLC reserves the right to deny use of services to any person or entity as seen fit. These terms may change without notice and should be referenced often. It is the Bidder’s responsibility to read and understand this agreement prior to registering for every auction. By registering to participate in our auction, Bidder accepts these Terms & Conditions of this agreement. This agreement applies to all transactions past, present and future. 19.) Disclaimer; No Warranty: SSALLC does not represent any warranty or guaranty of any kind, expressed or implied, as to the condition or fitness for any purpose of the property offered for sale. SSALLC does not offer any exchanges, refunds, adjustments, or accepts any refusals to pay or chargebacks for any reason. Non-delivery of purchased property for any reason whatsoever shall be settled by SSALLC and is only liable for Bidder's deposits on such non-deliverable property, and nothing more. Any claims of misrepresentation must be made on-site at time of removal. Upon Bidder taking possession of property and removing such property from the premises, all claims will be considered null and void. Catalog should be used as a guide and as only a guide. All items up for auction are offered “AS IS, WHERE IS.” Description’s of property that state “Tested”, “Working” or “Turns on” are observations by the Consignor, Vendor or SSALLC Members and believed to be accurate upon arrival at our facility but are not guaranteed. SSALLC is not responsible for any errors or omissions of property description. It is the Bidders responsibility to preview property for which they choose to place bids. SSALLC strives to describe condition of property as accurately as possible but we do not have time to test every item. SSALLC is not responsible for providing a means to test every item at preview. It is ultimately the Bidder’s responsibility to determine the value of property prior to placing bids. Bidder acknowledges sufficient opportunity to preview property up for auction has been provided. Opting not to preview does not release the Bidder of the responsibilities as stated in this agreement. Bidders are encouraged to perform their due diligence and take advantage of the preview days. Preview appointment can be made here or preview over the phone via Facetime or Skype. Many of the items found here are pre-owned customer returns. Items condition may include (without limitation) missing; parts hardware or batteries, chipped/fading paint, not running/non-operational motors, and/or damages seen or unseen(internal or external). Some pictures posted for each lot are "stock photos". These stock photos are deemed to be of the same model and/or likeness of property in that Lot. These photos are for reference purposes only and should not be considered to be exact accurate representations of the property within that lot. SSALLC is not responsible for any errors in the description or images of any property up for bid. Bidder is not entitled to any payment for loss of profit or any other money damages, direct or indirect. All sales are final. No Refunds. Definitions; SSALLC: Defined as Stanley Surplus Auction LLC. The Auction House conducting the Auction. Bidder: Any person over the age of 18 or authorized representative of an entity that is approved and registered to place bids on property and complete purchases within the auction. Lot: Item(s) or property up for bid are divided by and identified in a numerical order. Each number represents the placement of these items within the auction and is also associated by its stated title and identified by the image(s) and/or description. Each item up for bid is subject to its own individual sale or combined with other lots to be sold as all for one money. SSALLC may combine lots at any time. This includes when bidding starts up to the final seconds of closing time. Soft close: When a lot is near its closing time and a bid is placed within (predetermined amount of time) * of that lots closing, the closing time will be extended by an additional (predetermined amount of time) * in order to give other Bidder’s sufficient time to place their final bids on each lot. Reserve: A dollar amount set by a seller for which a lot will not sell for less than this set amount. Definitions of Conditions; New: Brand new item in the original box and manufacturer seal (where applicable). New open box: May have damaged or even missing packaging but these items are considered to be un-used, “like new”. Open box: May have damaged or even missing packaging but these items are considered to be like new, barely used and tested for functionality. Pre-owned: These items are considered to be used items of varying condition unless stated otherwise. Refer to each lots description for further details. Tested: Used item. May have scratches, blemishes, normal wear. All functions of item have been tested and item fully performs its intended purpose unless stated otherwise. Refer to each lots description for further details. *Time frame determined by Auction House. Time frame varies for each auction. Check Auction Details for further information.