- Any individual or entity registering for a Sale or Auction and/or any buyer submitting any bid either in person, through an agent, via email, telephone call, internet during live simulcast or timed auction, or in any other manner whatsoever, either directly, indirectly, in buyer’s name or by an assigned buyer’s bidding number (“Buyer” or “Buyers”) at any SxanPro (“SxanPro ” or “Auctioneer”) sale or auction agrees to and will thereby be strictly bound by all of the terms and conditions contained in these written Terms of Sale, as from time to time amended as provided herein.
- All Buyer’s must be in “good standing” to participate in a Sale or Auction including: a) having no unpaid invoices, b) not having any history of multiple unpaid invoices, c) not having any history of breaching these Terms of Sale, and d) not having any history of delay in performance (e.g. non-prompt pickup) or other activity detrimental to SxanPro .
- SxanPro affiliates and related parties may participate in auctions.
- All applicable sales, use, transfer or excise taxes arising from a sale in accordance with local and/or state law will be charged to the successful Buyers and added to the amount of the successful Buyer’s winning bid or sales price, along with the Buyer’s Premium (“Buyer’s Purchase Price”) if applicable.
- No purchases may be removed until after conclusion of the Sale or Auction and full settlement of payment.
- Placing of a bid by Buyer or using the “Buy” button is a commitment to purchase and binding on Buyer, its principals, agents, successors and assigns upon acceptance of such bid by SxanPro Marketplace. Successful Buyers or their agent(s) must pay for, accept delivery, and remove the items/lots purchased in accordance with these Terms of Sale. Buyers are solely responsible for any necessary de-installing, packaging, loading, removing and/or shipping of the items/lots purchased and must proceed diligently in such removal. If payment has not been made and/or shipping arrangements for the purchased items/lots have not been made by the Due Date, items/lots will be charged as set forth herein above and may be deemed abandoned by the Buyer thereof in SxanPro ’s discretion and become the exclusive property of SxanPro, as between SxanPro and Buyer, and the Buyer’s deposit and any other moneys paid will be applied to the payment owed and the balance, if any will be forfeited to SxanPro . At SxanPro ’s sole option and discretion, it will attempt to mitigate a Buyer’s default by resale, re-auction or otherwise dispose of the abandoned items/lots for scrap pricing (“SxanPro Mitigation Price”.) Buyer will be responsible to SxanPro for the entire difference between the Buyer’s Purchase Price and the SxanPro Mitigation Price, plus all additional administrative fees as provided in these Terms of Sale, plus any and all of SxanPro ’s damages, costs, and expenses, if any, including, without limitation, all reasonable attorneys’ fees and costs incurred by SxanPro in any collection procedure.
- Buyers become the owner of items/lots bid on immediately upon SxanPro’s declaration of “sold”, fall of the Auctioneer’s ‘hammer’, or any other method chosen by Auctioneer to awarding the purchase to a successful or highest bidder conditioned on full payment, prompt pick up, and the other terms and conditions set forth herein. After Auction, Buyers are responsible for checking the quantities of the items/lots purchased before checking out. No adjustments in quantities will be made after the items/lots are checked out. Once a sale or bid is accepted, neither SxanPro, nor owners of equipment if on consignment, will be liable to the Buyer of the items/lots purchased for any loss, shortage, damage or liability arising from or as a result of any reason whatsoever including, without limitation, negligence, any act or omission, strikes, industrial disputes, civil disruptions, war, terrorism, natural disaster, acts of God, and/or or any other event or occurrence in or beyond SxanPro ’s or owner’s control. Buyers are advised to pre-arrange insurance coverage of their purchases as of the award of the successful bid that occurs during the Auction.
- If, for any reason whatsoever, the SxanPro fails to deliver an awarded item/lot, SxanPro’s sole liability shall be the return of any deposit or monies paid on said item/lot, and Buyer shall have no further claim whatsoever including, without limitation, direct, indirect, consequential, exemplary or incidental damages.
- In no event shall SxanPro be liable to the other party for any incidental, special, or consequential damages (including, without limitation, indirect, punitive, exemplary damages for loss of business, loss of profits, business interruption, and inability to meet requirements) arising out of, or in connection with, these Terms of Sale or the transactions contemplated hereby. In addition, SxanPro ’s aggregate liability for all matters arising out of or related to these Terms of Sale and the transactions contemplated hereby, if any, shall not exceed $100,000.
- Items/lots may be offered subject to a reserve price without notice to the bidders.
- SxanPro may, at their sole discretion, without reason, notice or liability of any kind, at any time prior to or after commencement of the Sale or Auction, but prior to acceptance of final bid, alter, withdraw or vary any or all items/lots, refuse to accept any bid or terminate bidding on any or all items/lots, or cancel the Sale or Auction entirely. SxanPro has the right at any time to offer a complete facility or the entire balance of remaining items/lots as a single lot or any grouping of lots in any manner it chooses.
- ALL ITEMS/LOTS IN THE AUCTION ARE PURCHASED “AS IS” AND “WHERE IS” IRRESPECTIVE OF CONDITION, WEAR, DAMAGE, AND WITH ALL FAULTS. All sales of items/lots are final and without any warranty, guarantee or representation of any kind or nature whatsoever, either express or implied, written or oral, as to the design, condition, merchantability, fitness for any particular purpose, quality, capacity, workmanship, or that any items/lots will satisfy the requirements of any law, rule or regulation. More specifically, SxanPro disclaims, and all other parties hereby waive, all representations and warranties, express or implied, including but not limited to, any warranty of merchantability or fitness for a particular purpose, those arising from trade usage or course of dealing, and of non-infringement. The entire risk as to quality and performance is with Buyer. It is Buyer’s sole responsibility to provide proper safety devices and equipment or the means to meet all government safety standards or any other laws, including any environmental protection or other public protection laws or regulations. Buyer specifically relieves, releases, indemnifies and holds SxanPro and when applicable, asset owners and sellers harmless, from and against any and all responsibility, damages, claims, fines, penalties, judgments, actions, lawsuits, and/or liability of every kind and nature, including without limitation payment of SxanPro’s reasonable attorneys’ fees and costs, in connection with or as a result of any breach of Buyer’s obligations, duties or responsibilities described herein or for violation of any provision of these Terms of Sale or the Sale or Auction rules either posted or as announced by SxanPro. In the event SxanPro must enforce these Terms of Sale against Buyer in a court of law, in addition to all other available remedies, Buyer will be responsible for SxanPro’s reasonable attorneys’ fees and costs.
- Quantities, descriptions, weights, measurements, dimensions, serial and machine numbers, year and model set out on the items/lots in the SxanPro Marketplace, catalogues, any advertisements and/or invoices are believed to be accurate. However, SxanPro’s, owners, or advertising counsel are not responsible or liable for any discrepancies, inaccuracies or failure of the items/lots to correspond with any written or verbal representation of such information made by or on behalf of either SxanPro or owner, or any perceived or expected standard or custom, or any other particulars such as the genuineness or authenticity of any items/lots. No item/lot shall be sold or deemed sold by description or such information and Buyer shall not be entitled to rely thereon. All such information is given by way of identification only and no warranty, condition, representation or guarantee is made, given or is to be implied. SxanPro and/or owner are not responsible or liable for any damage or loss (direct, indirect, consequential or otherwise) arising as a result of any inaccuracy in respect thereof. It is therefore recommended that all Buyers avail themselves for inspection.
- Sellers are responsible for the removal of individually identifiable information and for complying with all laws, rules, and regulations including as related to environmental matters, biohazards, and controlled substances. SxanPro cannot guarantee Sellers have complied prior to sale. If a Buyer discovers any non-compliance, Buyers shall take all commercially reasonable actions to mitigate any potential damage and shall hold harmless, indemnify, and defend SxanPro in connection with the same.
- Right to Restrict Sale to Bona Fide Buyers. SxanPro reserves the right to limit registration to individuals or entities which SxanPro , in its sole discretion, considers bona fide Buyers. Buyers are prohibited from viewing the auction solely for the purpose of ascertaining pricing information or other proprietary sales data of SxanPro including the identities of other Buyers. All data made available in connection with the auction is licensed by SxanPro to bona fide buyers in a limited basis solely for the duration of the auction and solely for use in the auction. Any other use is strictly prohibited and in infringement of SxanPro ’s rights to such proprietary and trade secret information.
- No Collusion. In order to maintain an open and fair marketplace, Buyers are expressly forbidden from acting in collusion. Collusion includes making agreements concerning amounts to be bid and agreeing to bid or refrain from bidding on certain items to reduce competition in the marketplace. Buyers may have their bidding privileges terminated if they are found to be acting in collusion with other Buyers and SxanPro maintains all other available remedies in connection therewith.
- These Terms of Sale are governed and interpreted in accordance with the laws of the State of Michigan. Further, Buyer and SxanPro hereby irrevocably and unconditionally agree and consent to the exclusive jurisdiction and venue of any court of competent jurisdiction located in Grand Rapids, MI for any proceeding arising out of, or in connection with these Terms of Sale.
- These Terms of Sale may not be changed, amended or modified except by SxanPro, and SxanPro may within its sole discretion and without notice, change, amend or modify these Terms of Sale at any time in writing, by posting on its website, or orally by announcement at any auction.
- PURCHASE FOR EXPORT: Buyer will comply with all applicable U.S. and local laws, including the Foreign Corrupt Practices Act, and warrant that the Equipment will not be exported to the Republic of China, to OFAC-Sanctioned Countries, or persons on the OFAC List. If Buyer is purchasing the Equipment for export, Buyer is responsible to obtain any required export or import licenses or documentation, and Buyer is responsible for purchasing the Equipment in accordance with the US Export Administration Regulations (EAR).
- NO SALE OF EQUIPMENT TO OFAC – SANCTIONED COUNTRIES OR PERSONS ON THE OFAC LIST: Company will not directly or indirectly sell Equipment to or receive payments or remittances for Equipment from any person or entity that is an OFAC-sanctioned country, government, national, or resident or any person or entity that is listed, or that owns a controlling interest in or is otherwise controlled by a person or entity that is listed, on the OFAC List (http://www.treas.gov/offices/enforcement/ofac/).
SHIPPING
Buyers are responsible for all costs to ship their items. Shipping is not included in the MRKT Buy Now Price of your items. SxanPro and/or sxanpromarketplace.com is not responsible for, and does not assume responsibility for shipping costs. All shipping costs shall be the responsibility of the buyer. Some items may be shipped directly by SxanPro, or we may contract with an outside shipping company (“Shippers”), to ship your items to you. Please allow 1-4 weeks for the delivery of your items to you; delivery time is dependent upon the size of the sale, the destination address of the purchased items, and the method of transportation to deliver the purchased items. An estimated delivery date will be provided once the items have shipped. SxanPro (sxanpromarketplace.com) and Shippers are not responsible for returned or undeliverable shipments.
Special Note Regarding COVID-19: Please allow for additional time for packaging, shipping and delivery in the event that 1) federal, state, and/or local governments and municipalities impose business operating restrictions and/or 2) any other unforeseen circumstances arise related to COVID-19 that may affect our ability to prepare and ship items within our standard timeframes.
RETURNS
All items/lots on sxanpromarketplace.com and the SxanPro Auction are purchased "as is" and "where is" irrespective o n condition, wear, damage, and with all faults. ALL SALES OF ITEMS/LOTS ARE FINAL.
