Special Terms
All Sales are final.
All Items are AS IS / Where IS!!!
1. THE UNDERSIGNED (“BUYER”) ACKNOWLEDGES THAT S/HE/IT HAS CONDUCTED A
THOROUGH INSPECTION OF THE ITEMS BEING PURCHASED. ALL ITEMS ARE SOLD IN AN
“AS-IS, WHERE-IS, AND AS INSPECTED” CONDITION WITH ANY AND ALL FAULTS. WHILE
DESCRIPTION IN PRINTED MATERIALS ARE BELIEVED TO BE CORRECT, THE SELLER MAKES
NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, AS TO THE GENUINENESS,
AUTHENTICITY OR MERCHANTABILITY OF, OR DEFECT IN ANY ITEM, AND WILL NOT BE
HELD RESPONSIBLE FOR ANY DISCREPANCIES OR INACCURACIES. ANY AND ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ((WITHOUT LIMITATION) AS TO THE
MERCHANTABILITY OF ANY ITEM OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY
DISCLAIMED. NO WARRANTIES ARE MADE AS TO THE MERCHANTABILITY OF ANY ITEM OR
THEIR FITNESS FOR ANY PURPOSE.
2. INFORMATION CONTAINED IN LISTING(S) IS SUBJECT TO “BUYER” VERIFICATION AND
INSPECTION. EVERY EFFORT IS MADE TO ENSURE THE DESCRIPTION AND PHOTOS
MATCH. YOU ARE BIDDING ON THE ITEM DESCRIBED, AND NOT PHOTO. NO ASSUMPTIONS
SHOULD BE MADE ON PHOTOS. THE SELLER, SELLERS AGENTS AND/OR
REPRESENTATIVES, HILCO FIXED ASSET RECOVERY, IT’S AFFILIATES, REPRESENTATIVES
AND/OR AGENTS, ARE ALL HELD HARMLESS AGAINST ANY/AND ALL CLAIMS AND HAVE
NO LIABILITY FOR ITS ACCURACY, ERRORS, OR OMISSIONS; IN ADDITION TO ANY ISSUES
THAT MAY RESULT DUE TO THE AUCTION SITE AND ANY ISSUES THAT MAY ARISE DUE TO
MALFUNCTION(S) OR INTERNET ISSUES AT ANY POINT DURING THE PROCESS.
3. Payment must be made on the day of purchase. Payment may be made by PayPal, Visa,
MasterCard, American Express, or Discover if accepted at the location. When paying by
credit card, Buyer is waiving any/all rights to initiate a credit card chargeback against the
transaction. Limit on Credit Card Payments is $5,000.00 USD; amounts above $5,000.00
will require a wire or ACH payment.
4. Applicable state sales tax will be added to all purchases. Exempt Buyers must provide the
Seller a copy of their sales tax exempt certificate at the time of purchase. Seller will retain
a copy of the certificate for the sales records. Buyers unable to provide tax-exempt
certificate to Seller at the time of purchase must pay all applicable taxes and seek refunds
through appropriate government agencies. Seller will not provide tax refund.
5. Ownership title passes upon payment of the purchase price, and thereafter the property is
at the risk of the Buyer, and the Seller shall not be responsible for the loss or damage to
any article due to theft, fire breakage, or any cause whatsoever, however occasioned.
6. Removal shall be at the sole expense, liability and risk of the Buyer. Buyer is responsible
for providing all labor, material and equipment to properly execute removal; to the extent
required by applicable law. Buyer shall use licensed persons to perform all aspects of the
removal (including (without limitation) licensed contractors, electricians, riggers, and
plumbers). Buyer is solely responsible to provide any personal, equipment or material
needed to pick up and/or remove purchases and shall assume all responsibility for the
removal of any item of property purchased at the sale and any and all risks associated with
such removal including, without limitation, the responsibility for providing licensed and
bonded professionals to ensure proper water, gas and/or power disconnection, and full
financial responsibility for any damage or liability to persons or property resulting from any
act or omission of Buyer or any Buyer’s employees, agents, independent contractors,
and/or representatives during pick-up and/or removal. Buyer agrees that in the event
purchased items contains any environmental hazards, toxic waste or other type of
hazardous material or substance (collectively, “HAZMAT”) in any form whatsoever, Buyer
shall provide evidence that buyer or its employees, agents, independent contractors, and/or
representatives are licensed for the removal of items and shall comply with all applicable
local, state and federal status, ruled, laws, ordinances, codes, and regulations. Neither
Seller, its agents nor its representatives shall have any responsibility for HAZMAT or
containment, storage or removal thereof. Weekend “tear-down” and removal during the
inventory sale period (if applicable ) will not be allowed without the written approval of
Seller.
7. Buyer must remove all purchased items. There is no right of abandonment. Buyer subject
to any expenses associated with the removal of any items not removed.
7a.** Subject to Staples risk management policy, purchasers are not allowed to disassemble
product within the location. A third party rigging crew on site will disassemble and package
your items to load onto your truck for a fee. This fee will be added to your invoice and
must be paid in full prior to pick-up. Before placing a bid, please call for Rigging Fee. In
the event you are the winning bidder and do not call in advance, rigging fee will be
charged. By placing a bid, you agree to these terms and conditions of the auction. **
8. Seller shall not be responsible for non-delivery to any Buyer of any item purchased, other
than refund the deposit or sum paid on any item due to Seller error. The liability of Hilco
Fixed Asset Recovery and Seller is limited to the refund of the bidder’s purchase price.
9. The Seller reserves the right to withdraw any listed item from the sale, to sell items that
are not listed, to group one or more items into one, to subdivide items and to sell any/all
items in bulk.
10. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the
Seller may sue buyer for damages. Buyer agrees to pay any and all charges and expenses
incurred by reason of any breach of the terms and conditions of this sale, including,
without limitation, reasonable attorney fees. Any items remaining at the removal site after
the allotted removal period will be considered abandoned by the Buyer, all rights to items
will be forfeited, all monies will be retained by Seller, and the items will be re-sold or
otherwise disposed of immediately at Seller’s discretion. Buyer will lose any right, title or
interest Buyer may have acquired and the items shall revert to and re-vest in the Seller
without further notice to Buyer.
11. These written terms and conditions of sale supercede any other terms and conditions,
either written or verbal and cannot be modified.
12. Buyer hereby agrees to and shall indemnify, defend and hold Seller, its subsidiaries and
affiliated companies, and their respective directors, officers, representative, independent
contractors, and employees, harmless from any third party liability (including reasonable
attorneys’ fees and court costs) occurring or arising by reason of or relating to Buyer’s or
its subsidiaries and affiliated companies, or their respective directors, officers,
representatives, independent contractors, or employees (i) breach of these terms and
conditions, (ii) damage to persons or property at the location(s) of the items purchases, or
(iii) negligent, willful or unlawful acts or omissions.
13. HILCO FIXED ASSET RECOVERY RESERVES THE RIGHT TO ADD, REMOVE, ADJUST
AUCTION CATALOG, SPLIT/COMBINE LOTS, ADD/EDIT RESERVES/MINIMUMS, CANCEL,
SUSPEND, EXTEND OR RESCHEDULE ITEMS FOR AUCTION; IN ADDITION TO CHANGING
AUCTION CLOSING, PREVIEW, OR REMOVAL DATES.
14. AUCTION IS OF STORE FIXTURES ONLY. MERCHANDISE IS NOT INCLUDED!