Liquidity Services Brands

Incorporation by Reference of User Agreement. These User Agreement are specific to this auction and supplement our standard User Agreement applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent User Agreement which are hereby incorporated by reference into these Terms and Conditions specific to this auction. In the event of a conflict between these Terms and Conditions specific to this auction and our standard User Agreement, these Terms and Conditions shall control. A link to our most current version of User Agreement can be found at the bottom of the page and on the Site Map which can be accessed at the bottom of each page on our marketplace website

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.