TIMED AUCTION TERMS AND CONDITIONS
By registering for, bidding in, or otherwise participating in an auction, liquidation, webcast, online sale, or other event conducted by American Liquidations, the bidder acknowledges that they have read, understood, and agreed to be legally bound by these Terms and Conditions.
These Terms and Conditions apply to all bidders and buyers. American Liquidations may amend or supplement these Terms and Conditions through notices contained in the auction listing, lot description, bidder registration page, invoice, or announcements made before or during the auction.
1. BIDDER REGISTRATION
All bidders must register and provide the information requested by American Liquidations or its auction platform.
Bidders must provide accurate and current information, including their legal name, billing address, telephone number, email address, and payment information.
American Liquidations may require additional identification, payment verification, proof of funds, resale documentation, or other information before approving a bidder.
American Liquidations reserves the right, in its sole discretion, to approve, deny, suspend, or permanently revoke any person’s bidding privileges at any time.
Bidding privileges are personal to the registered bidder and may not be transferred or shared. The registered bidder is responsible for all bids placed through their account, regardless of who placed the bid or whether the bid was placed intentionally.
2. CREDIT CARD REQUIRED
An active and valid credit card must be maintained on file in order to register, receive bidding approval, and participate in an auction.
No bidder will be approved without successful credit-card verification.
American Liquidations or its payment processor may place a temporary authorization hold on the credit card provided during registration. The amount and duration of the authorization hold may vary based on the auction platform, payment processor, card issuer, and financial institution.
The bidder is responsible for ensuring that the credit card and billing information associated with their account remain current and accurate.
3. AUTHORIZATION TO CHARGE CREDIT CARD
By registering for an auction, placing a bid, or otherwise participating in an auction, the bidder expressly authorizes American Liquidations and its payment processor to charge the credit card on file after the auction closes.
The credit card on file may be charged for the full amount due, including:
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The winning bid amount;
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The buyer’s premium;
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Applicable sales tax;
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Storage, handling, removal, disposal, or other charges permitted under these Terms and Conditions; and
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Any other fees disclosed in the auction listing or before bidding.
American Liquidations may process the charge immediately after the auction closes without obtaining further authorization from the bidder.
If the credit card on file cannot be charged for the full invoice amount, American Liquidations may attempt to process one or more partial charges, request another payment method, suspend the bidder’s account, or exercise any other remedy available under these Terms and Conditions.
American Liquidations may require certain purchases or invoices to be paid by wire transfer, cashier’s check, cash, or another approved payment method at its sole discretion.
4. BIDS AND LEGALLY BINDING PURCHASES
All bids are final and cannot be withdrawn, reduced, canceled, or transferred.
A successful bid constitutes a legally binding contract between the buyer and the seller for the purchase of the merchandise.
The buyer may not cancel a purchase because the buyer:
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No longer wants the merchandise;
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Made a bidding mistake;
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Failed to inspect the merchandise;
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Misunderstood the description;
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Did not read the full auction listing;
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Cannot arrange transportation;
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Cannot pick up by the deadline; or
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Does not have sufficient funds or available credit.
American Liquidations may reject or cancel any bid, reopen bidding, resolve bidding disputes, combine or divide lots, remove merchandise from the auction, or withdraw an item from sale at any time.
American Liquidations’ records regarding bids, successful bidders, auction closing times, and sale results will be final.
5. BUYER’S PREMIUM
A buyer’s premium of 15% of the winning bid price will be added to the purchase price of each item or lot.
The buyer’s premium is part of the total amount due and will be charged to the buyer along with the winning bid amount, applicable sales tax, and any other authorized charges.
6. SALES TAX
Applicable sales tax will be added to all purchases unless the buyer has provided American Liquidations with a valid and properly completed resale certificate or other acceptable tax-exemption documentation.
Tax-exemption documentation must be submitted and approved before the auction closes. American Liquidations is not required to remove or refund sales tax after a credit card has been charged or an invoice has been paid.
The buyer is responsible for ensuring that any resale certificate or exemption documentation provided is accurate, current, and legally valid.
7. INVOICES
Winning bidders will receive an invoice by email after the auction closes.
The invoice will identify the items purchased and the amounts charged or owed, including the winning bid amount, buyer’s premium, applicable sales tax, and any other authorized charges.
The invoice email will include a link through which the buyer must schedule a pickup appointment.
The buyer is responsible for maintaining a correct and active email address and for checking their inbox, spam folder, junk folder, and auction-platform account after the auction closes.
Failure to receive or review an invoice does not cancel the purchase, extend the pickup deadline, or relieve the buyer of any payment or pickup obligation.
8. PAYMENT
All purchases must be paid in full before merchandise will be released.
Payments may be accepted by credit card, cash, cashier’s check, wire transfer, or another payment method approved by American Liquidations.
All payments must be made in United States currency.
Checks must be made payable to the legal or operating entity identified on the invoice.
American Liquidations may require funds to clear before releasing merchandise.
No merchandise will be released to a buyer with an unpaid balance, declined payment, disputed charge, outstanding fee, or other unresolved account issue.
9. DECLINED OR FAILED PAYMENTS
If the credit card on file is declined, expired, invalid, over its credit limit, blocked, or otherwise cannot be charged, the buyer must immediately provide another valid payment method.
The buyer remains responsible for the full invoice amount regardless of whether the credit card charge is approved.
If payment is not successfully completed, American Liquidations may:
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Suspend or permanently revoke the buyer’s bidding privileges;
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Cancel the sale;
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Retain any payments already made;
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Resell or otherwise dispose of the merchandise;
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Hold the buyer responsible for any deficiency between the original purchase price and the resale price;
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Charge storage, handling, removal, restocking, resale, collection, or disposal expenses;
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Hold the buyer responsible for the costs associated with collecting the unpaid balance; and
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Exercise any other remedy permitted under these Terms and Conditions or applicable law.
10. PICKUP SCHEDULING
All pickups are by appointment unless American Liquidations expressly provides otherwise.
Winning bidders must use the scheduling link included with their invoice to select an available pickup time.
Pickup appointments are subject to availability and may be offered on a first-come, first-served basis.
Scheduling an appointment does not alter the payment requirements or extend the final pickup deadline.
American Liquidations may refuse service to buyers who arrive without an appointment, arrive outside their appointment window, fail to follow pickup instructions, or do not have adequate personnel, vehicles, equipment, or documentation.
11. PICKUP DEADLINE
Unless a different deadline is stated in the auction listing, all purchases must be picked up no later than Saturday of the same week in which the auction closes.
The buyer is responsible for reviewing the auction closing date, pickup dates, pickup hours, location, and scheduling availability before bidding.
Payment for an item does not extend the pickup deadline.
Failure to receive an invoice, open an email, schedule an appointment, arrange transportation, or obtain assistance does not extend the pickup deadline.
American Liquidations may change the pickup schedule or deadline when reasonably necessary. Any revised deadline communicated through the auction platform, invoice, email, or public announcement will control.
12. ABANDONED MERCHANDISE
Merchandise not picked up by the applicable deadline may be considered abandoned.
Upon abandonment, the buyer may lose all right, title, and interest in the merchandise.
American Liquidations may, without further notice to the buyer:
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Retain all amounts paid;
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Repossess the merchandise;
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Resell the merchandise;
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Return the merchandise to inventory;
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Donate, recycle, discard, or otherwise dispose of the merchandise;
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Charge reasonable storage, handling, removal, restocking, or disposal fees; and
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Suspend or permanently revoke the buyer’s bidding privileges.
No refund or credit will be issued for abandoned merchandise.
Acceptance of payment by American Liquidations does not waive or extend the pickup deadline and does not prevent merchandise from being considered abandoned.
13. ITEM CONDITION
The condition of merchandise offered for sale varies.
All merchandise is sold and accepted by the buyer:
“AS IS, WHERE IS,” “IN PLACE,” AND “WITH ALL FAULTS, KNOWN AND UNKNOWN.”
American Liquidations makes no representation, warranty, or guarantee, whether written, oral, express, or implied, regarding:
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Quality;
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Quantity;
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Condition;
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Authenticity;
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Completeness;
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Location;
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Usability;
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Merchantability;
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Saleability;
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Weight;
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Measurement;
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Age;
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Year;
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Make;
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Model;
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Mechanical condition;
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Operating condition;
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Performance;
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Fitness for a particular purpose;
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Compatibility;
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Parts or accessories;
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Manufacturer warranties; or
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Any other characteristic or specification.
To the fullest extent permitted by law, all warranties, including implied warranties of merchantability and fitness for a particular purpose, are disclaimed.
14. DESCRIPTIONS, PHOTOGRAPHS, AND ESTIMATES
Descriptions, photographs, titles, quantities, measurements, model numbers, retail values, manifests, condition statements, and other information are provided for identification and general guidance only.
They are not guaranteed to be accurate, complete, or current.
Photographs may not show every item, component, defect, missing part, or condition issue.
Descriptions may be based on visual observation, packaging, labels, manifests, estimates, or information provided by third parties.
References to retail value, original price, manufacturer price, market value, or comparable value are estimates only and are not guarantees of resale value or profitability.
The buyer is responsible for independently verifying all information that is material to the buyer’s bidding decision.
15. INSPECTION
Bidders are encouraged to inspect merchandise before bidding when inspection is available.
By placing a bid, the bidder acknowledges that the bidder has either:
The buyer agrees that they are relying entirely on their own inspection, investigation, judgment, and evaluation and not on any statement or representation made by American Liquidations.
16. QUANTITIES AND SHORTAGES
Quantities may be estimated unless expressly guaranteed in writing.
Merchandise may include damaged, incomplete, used, returned, defective, missing, substituted, expired, recalled, unsellable, or nonfunctional items.
No allowances, adjustments, refunds, or credits will be made for claims involving condition, quantity, shortages, missing components, or discrepancies after merchandise has been removed from the auction premises.
The buyer is responsible for reviewing and confirming the merchandise before leaving the pickup location.
17. ALL SALES FINAL
All sales are final.
No returns, refunds, exchanges, credits, cancellations, or price adjustments will be provided except when expressly approved in writing by American Liquidations.
The buyer’s failure to inspect merchandise, read a description, understand a listing, arrange transportation, or meet the pickup deadline is not grounds for a refund, cancellation, or chargeback.
18. REMOVAL AND LOADING
The buyer is solely responsible for removing and transporting all purchased merchandise.
The buyer must provide all personnel, vehicles, trailers, equipment, tools, packing materials, straps, pallets, containers, and other resources necessary to safely remove and transport the merchandise.
American Liquidations is not required to provide loading assistance, labor, equipment, packaging, tools, or transportation.
Any loading assistance provided by American Liquidations is provided as a courtesy and at the buyer’s sole risk.
The buyer is responsible for determining whether the buyer’s vehicle and equipment are suitable for the size, weight, quantity, and condition of the merchandise.
The buyer may be required to use properly licensed, insured, bonded, or qualified professionals for disconnection, disassembly, rigging, removal, loading, or transportation.
19. DAMAGE DURING REMOVAL
The buyer is financially responsible for any injury, loss, or damage caused by the buyer or the buyer’s employees, contractors, agents, guests, or representatives during inspection, pickup, loading, or removal.
The buyer must not damage the premises, building, loading area, equipment, vehicles, merchandise, or property belonging to American Liquidations or any third party.
American Liquidations may stop or refuse any removal activity that it considers unsafe, disruptive, damaging, or contrary to instructions.
The buyer must promptly pay for any damage, repair, cleanup, labor, or other expense resulting from the buyer’s removal activities.
20. SAFETY AND ASSUMPTION OF RISK
Any person entering the auction or pickup premises does so at their own risk.
Bidders, buyers, guests, employees, contractors, agents, and representatives must comply with all safety instructions and applicable local, state, and federal requirements.
Persons participating in inspection, pickup, loading, or removal assume all risks of injury, death, loss, or damage to persons, property, and merchandise.
To the fullest extent permitted by law, the buyer releases American Liquidations and its owners, officers, employees, agents, contractors, representatives, landlords, and affiliated entities from claims arising from the condition of the premises or the buyer’s presence or activities at the premises.
21. BUYER DEFAULT
A buyer will be considered in default if the buyer:
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Fails to make full payment;
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Has a declined or reversed payment;
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Initiates an improper chargeback;
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Fails to pick up merchandise by the deadline;
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Refuses to complete a purchase;
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Provides false or inaccurate registration information;
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Violates pickup or safety requirements;
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Damages property;
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Engages in fraudulent, abusive, threatening, disruptive, or unlawful conduct; or
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Violates any provision of these Terms and Conditions.
If the buyer defaults, American Liquidations may exercise one or more of the following remedies:
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Cancel the sale;
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Retain all payments made;
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Charge the buyer’s payment method for authorized amounts;
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Withhold merchandise;
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Repossess or resell the merchandise;
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Hold the buyer responsible for any resale deficiency;
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Charge the buyer for storage, handling, removal, resale, restocking, collection, legal, or disposal expenses;
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Suspend or permanently revoke bidding privileges;
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Ban the buyer from American Liquidations’ premises and auctions; and
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Pursue any other remedy permitted by law.
The remedies described in these Terms and Conditions are cumulative and are not exclusive.
22. CHARGEBACKS AND PAYMENT DISPUTES
The buyer agrees to contact American Liquidations directly regarding any billing concern before initiating a chargeback or payment dispute.
The buyer may not initiate a chargeback because the buyer:
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Changed their mind;
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Failed to inspect the merchandise;
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Disagreed with the condition of merchandise sold as-is;
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Failed to pick up the merchandise;
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Missed the pickup deadline;
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Did not receive or review an invoice;
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Did not understand the auction terms; or
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Was unable to resell or use the merchandise.
Initiating a chargeback does not relieve the buyer of responsibility for the purchase price, buyer’s premium, taxes, storage fees, collection expenses, or other amounts owed.
American Liquidations may suspend the buyer’s account while a payment dispute is pending and may permanently revoke bidding privileges when a chargeback is filed in violation of these Terms and Conditions.
23. RESALE OF DEFAULTED OR ABANDONED MERCHANDISE
If merchandise is abandoned, unpaid, or otherwise subject to buyer default, American Liquidations may resell the merchandise at public or private sale, with or without reserve.
The defaulting buyer may be held responsible for:
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Any difference between the buyer’s original purchase price and the subsequent resale price;
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Auction commissions and buyer’s premiums;
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Labor and removal costs;
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Storage and handling expenses;
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Transportation costs;
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Collection expenses; and
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Other expenses associated with the default and resale.
The buyer will not be entitled to any profit or surplus resulting from the resale of defaulted or abandoned merchandise.
24. LIMITATION OF LIABILITY
To the fullest extent permitted by law, American Liquidations’ total liability to the buyer will not exceed the amount actually paid by the buyer for the specific merchandise giving rise to the claim.
American Liquidations will not be liable for lost profits, lost revenue, lost business opportunities, loss of use, loss of inventory, transportation costs, labor costs, consequential damages, incidental damages, special damages, indirect damages, punitive damages, or claims made against the buyer by a third party.
American Liquidations will not be responsible for auction-platform errors, internet outages, software failures, bidding delays, missed bids, email delivery failures, payment-processor errors, inaccurate bidder information, or other circumstances outside its reasonable control.
25. INDEMNIFICATION
The buyer agrees to indemnify, defend, and hold harmless American Liquidations and its owners, officers, employees, agents, contractors, representatives, landlords, and affiliated entities from any claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
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The buyer’s participation in the auction;
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The buyer’s purchase, possession, use, resale, transportation, or disposal of merchandise;
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The buyer’s inspection, pickup, loading, or removal activities;
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Injury or damage caused by the buyer or the buyer’s representatives;
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The buyer’s violation of these Terms and Conditions; or
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The buyer’s violation of applicable law.
26. PHOTOGRAPHY, AUDIO, AND VIDEO RECORDINGS
American Liquidations may photograph, record, or otherwise document auctions, inspections, pickup activities, merchandise, and the premises.
By entering the premises or participating in an auction, individuals authorize American Liquidations to use such photographs, audio recordings, and video recordings for security, documentation, advertising, marketing, training, legal, or other legitimate business purposes.
27. CONDUCT
American Liquidations may refuse service, remove a person from the premises, suspend an account, or permanently revoke bidding privileges for conduct that is unsafe, abusive, threatening, fraudulent, disruptive, dishonest, or otherwise inappropriate.
Buyers and bidders must treat American Liquidations’ employees, contractors, other bidders, and customers professionally and respectfully.
Weapons, threats, harassment, violence, theft, intentional property damage, and unlawful conduct are prohibited.
28. AUCTION ANNOUNCEMENTS
Notices and announcements made before or during the auction take precedence over conflicting information previously contained in the catalog, lot description, advertisement, or other auction materials.
Such announcements may supplement or clarify these Terms and Conditions but will not invalidate the remaining provisions.
29. TECHNICAL ISSUES
American Liquidations does not guarantee continuous, uninterrupted, or error-free access to an online auction.
American Liquidations is not responsible for missed bids, delayed bids, duplicate bids, internet failures, device failures, software errors, platform outages, payment-system failures, or other technical problems.
American Liquidations may pause, extend, reopen, cancel, or reschedule an auction because of technical issues or other circumstances.
30. NO AGENCY OR PARTNERSHIP
The buyer’s participation in an auction does not create an employment, partnership, joint venture, fiduciary, franchise, or agency relationship between the buyer and American Liquidations.
American Liquidations may act as an auctioneer, seller, consignee, agent, marketplace operator, or liquidation service provider depending on the particular sale.
31. GOVERNING LAW AND VENUE
These Terms and Conditions and all transactions arising from an auction will be governed by and interpreted under the laws of the State of Connecticut, without regard to conflict-of-law principles.
To the extent permitted by law, any lawsuit or legal proceeding arising from an auction, purchase, payment, pickup, or these Terms and Conditions must be brought in a state or federal court located in Connecticut.
The buyer consents to the jurisdiction of those courts.
32. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Any invalid or unenforceable provision will be interpreted or limited to the minimum extent necessary to make it enforceable, when legally permitted.
33. NO WAIVER
American Liquidations’ failure or delay in enforcing any provision of these Terms and Conditions will not constitute a waiver of that provision or of its right to enforce the provision in the future.
A waiver will only be effective when made in writing by an authorized representative of American Liquidations.
34. ENTIRE AGREEMENT
These Terms and Conditions, together with the auction listing, lot descriptions, registration disclosures, invoices, pickup instructions, and any written or announced auction-specific terms, constitute the entire agreement between the buyer and American Liquidations concerning the auction and sale.
The buyer acknowledges that they have not relied on any representation, promise, warranty, or agreement that is not expressly included in these documents.
35. ACCEPTANCE OF TERMS
By clicking to register, accepting the auction terms, placing a bid, or participating in the auction, the bidder confirms that they:
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Have read and understood these Terms and Conditions;
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Agree to be legally bound by them;
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Are authorized to use the credit card and account information provided;
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Authorize American Liquidations to charge the credit card on file as described above;
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Understand that all sales are final;
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Understand that merchandise is sold as-is, where-is, with all faults;
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Agree to schedule pickup using the link provided with the invoice; and
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Agree to pick up all purchases by Saturday of the same week in which the auction closes, unless another deadline is expressly stated.