Anyone either registering to bid or placing a bid ("Bidder") accepts these conditions of sale and enters into a legally, binding, enforceable agreement with H.D. Surplus, Inc. These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates. By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby.
Eligibility & Registration
You must be a minimum age of 18 to register. By registering you warrant that you are 18 or older, have the capacity to enter into contracts and understand your obligations under these Terms & Conditions. It is your responsibility to ensure that the information you provide during registration is accurate, not misleading and relates to you. You cannot register using the names and information of another person. We reserve the right with or without notice to suspend or terminate any account in breach.
Premium/Tax
A 10% Buyers Premium will be added to bid price. All purchases will also be subject to 7.75% California Sales Tax unless the buyer provides a valid Resale Certificate at the time of registration.
Payment
Payment is due in full the day of the Auction, or upon presentment of an invoice. Payment can be made in cash, debit card or credit card. Checks, Cashier's Check or Certified Checks are NOT accepted. Credit card charges will appear on your statement as H.D. Surplus, Inc. All credit cards subject to a 3% processing fee & debit cards charged as credit are subject to a 1.7% processing fee. If purchasing for resale, buyer must provide a valid Resale Certificate before invoicing. Buyers who do not fully pay their invoice(s) will not be able to remove their property from H.D. Surplus, Inc. premises. H.D. Surplus, Inc. reserves the right to void an invoice if payment in full is not received day of auction.
ALL SALES ARE FINAL
All sales are FINAL. ALL ITEMS ARE SOLD AS IS, WHERE IS with no expressed nor implied guarantees of any kind. No returns will be accepted, no monetary credits will be given and buyer won't contest any credit card charges due to any of the above. The majority of items being sold are surplus items and/or customer returns so please inspect before bidding. Some of the items might be new in sealed or open packages while others might be used. No guarantees that items are complete and any repairs or upgrades needed are the buyer's responsibility. None of the items being sold at the auction have been tested and no safety checks have been performed nor will be performed by seller/auction Company on any of the items being auctioned. It is bidder's/buyer's responsibility to inspect, research and to check legal restrictions in your area and to obtain mandatory permits if applicable. The catalogue is prepared only as a guide and we do not warranty the accuracy, description, count, etc. of any of the lots specified.
Removal
NO LOTS MAY BE REMOVED WITHOUT STAFF SUPERVISION AND ASSISTANCE. All items must be paid for in full before removal. Must bring and present original paid invoice for pickup during the removal dates and hours. Removal days include day of Auction and the 3 consecutive work days (9am to 4pm). Removal shall be at the expense, liability, and risk of the purchaser. Forklifts will be available to assist in loading pallets and heavy items, however, buyer must first sign a loading waiver form. It is the buyer's responsibility to contact a shipper of their choice and make arrangements for pickup/ delivery if items need to be shipped. H.D. Surplus, Inc. shall not be responsible for goods not removed within the time specified. Items that are not picked up by due time will be deemed abandoned & your deposit/payment forfeited. If sending a different person from the person whose name is on the invoice, please email ahead of time with your buyer information, their information and your authorization to release your items to them. You can email this information to info@hdsursplusinc.com.
Liability/Misc.
Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability therefore. H.D. Surplus, Inc. reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason without prior notice. H.D. Surplus, Inc. shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. The auctioneer may also execute a bid on behalf of the seller to protect the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. The Auctioneer reserves the right to take any type of bid in any form and in any increment that is in the best interest of the seller. Auctioneer and seller reserve the right to refuse to accept bids from anyone. A Bidder should make certain to bid on the correct lot and that the bid is the maximum (including the Buyer's Premium & Sales Tax) that the Bidder is willing and able to pay. Bidder assumes any and all RISK OF LOSS once the lot(s) is in Bidder's possession.
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