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Schaeffler Sale
Specific Terms
(i)
Standard
Terms means the User Agreement found at https://www.go-dove.com/content/site-terms .
These Sale Specific Terms augment and are
deemed incorporated into the Standard Terms and
shall be read and construed in accordance with the Standard Terms. In the event
of any conflict with and/or discrepancy between these terms and the Standard
Terms, the relevant provisions of these Sale Specific Terms shall prevail.
(ii)
For the avoidance
of any doubt the delivery/ collection of Assets is Ex Works (EXW) Incoterms 2020.
(iii)
Consumers are not
permitted to bid on and/or purchase the Assets.
(iv)
Assets are sold
AS IS, WHERE IS AND WITH ALL FAULTS. To the greatest extent permitted by law, the Seller makes no warranty,
expressed or implied, as to the merchantability or fitness for any purpose of
the Assets offered for sale.
(v)
The Seller’s
liability of whatever nature arising from or related to the sale of Surplus
Assets is expressly excluded to the greatest extent permitted by law.
(vi)
The Seller shall
not be named as the exporter of record.
(vii)
No party which is
subject to restricted party lists and/or sanctions from OFAC (including
specifically sanction regulations on Cuba and Iran), the United Nations
Sanctions List and/or U.S. Department of Commerce Denied Person List may bid
and/or purchase the Assets (“Restricted Party”).
(viii)
Assets, may not
be acquired for, shipped to,
transferred (in-country), or re-exported, directly or indirectly, to or for (a)
any Restricted Party; (b) countries subject to relevant sanctions of Germany,
EU or USA; or (c) restricted end-uses such as, but not limited to, weapons of
mass destruction, nuclear activities, chemical/biological weapons, or missile
projects, and in the event that the Seller or Liquidity Services determines that
a sale of Assets could violate applicable export controls or sanctions laws, the
Seller and Liquidity Services are excused from performance until such concern
is resolved to the Seller and Liquidity Services’ satisfaction.
(ix)
The Buyer hereby indemnifies and holds both the Seller and
Liquidity Services harmless from
(i) any and all damages and (ii) any and all claims by third parties, that may
arise directly from violation of export control laws relating to the sale of the Assets to the Buyer.
(x)
The Buyer is
liable on an unlimited basis for any loss or damage suffered by the Seller and/or
Liquidity Services as a result of actions or omissions of the Buyer.
(xi)
Unless otherwise stated in a listing, photographs, video, and
written descriptions are not intended as representations, but are provided
solely to aid the Buyer in determining which listings it wishes to physically
inspect.
(xii)
The Seller reserves the right to reject any
and all bids and to withdraw from sale any of the Assets listed.
(xiii)
Buyer’s Premium. If a Buyer’s Premium is shown on the listing,
then that amount (expressed as a percentage of the final selling price) will be
added to the final selling price of all items in addition to any taxes imposed.
(xiv)
Payment. Payment in full is due on the date set on the
marketplace.
(xv)
Removal. All items must be removed within the timeframe
specified in the Listing or, if not stated, by Liquidity Services. Purchases
will be released only upon receipt of payment as specified.
(xvi)
Successful Buyers are responsible for removal and
transportation of all Assets awarded to them from the place where the property
is located. The Buyer will make all arrangements and perform all work necessary,
including packing, loading and transportation of the Assets. Under no
circumstances will the Seller assume responsibility for packing, loading or
shipping. See special instructions on each auction page for removal details.
Assets not removed within the removal period will be considered abandoned and
the Seller and Liquidity Services shall be entitled to dispose, resell or
destroy such abandoned Assets without any obligation to refund Buyer for any
previous payments. An additional storage and handling fee may also be charged.