1. Terms and Conditions - All sales of goods are subject to these Terms and Conditions of Online Auction Sales, including the Warranty Disclaimer and Release. No interpretation of a clarification or modification shall be binding on Bukoos.com, unless agreed to in writing by an authorized agent of Bukoos.com. Each person visiting Bukoos.com's website is considered to be, alternatively, a "bidder", "Buyer" or "User". By using this website and/or engaging in any online purchase transaction, each User hereby acknowledges agreement with these terms and to be strictly bound thereby.
2. Registration - All bidders/Buyers in Bukoos.com's online auction must register before participating in the auction. This includes reviewing and signing an Auction Registration form, whereby all bidders agree to these Terms and Conditions of Online Auction Sale and of Bukoos.com's Warranty Disclaimer and Release. Bidders are solely responsible for the use of their bidder account. Any use of the account by another person is presumed to be with the permission of the registered bidder and is contractually binding on the registered bidder. Bidders must be at least 18 years of age and consent (children under the age of 16 are prohibited from auctions and any previews) and are subject to background checks upon registration. Bukoos.com reserves the right to refuse or revoke the privilege of participating in any auctions or previews at any time.
3. Online Auction Process and Goods - Clarifications or modifications regarding lots and goods may be made the day of the auction and will take precedent over previously conveyed information. Clarifications or modifications shall not alter the Terms and Conditions of Online Auction Sales or Warranty Disclaimer and Release. No interpretation of a clarification or modification shall be binding on Bukoos.com, unless agreed to in writing by an authorized agent of Bukoos.com.
4. Oral Statements and Modifications - Upon issuance of payment, Buyer hereby authorizes Bukoos.com to coordinate the delivery to Buyer of all goods purchased at Buyer's expense. Failure to accept delivery of goods will result in forfeiture of the goods to Bukoos.com and Bukoos.com shall be entitled to retain any monies paid by Buyer as a restocking fee and/or liquidated damages. Bukoos.com makes no warranties, express or implied, as to the suitability of goods for shipment.
5. Submission and Awarding of Bids - Goods will be offered by lot number. Bidders will communicate bids via an online bid and in a manner acceptable to Bukoos.com. Highest bid in excess of minimum reserve price will be awarded the good. In the event of a dispute as to bid amount, good or good number, or bidder account of bidder, Bukoos.com reserves the right to re-offer the good in question. Once Bukoos.com accepts a bid, the bid cannot be withdrawn. All bidder disagreements will be resolved by Bukoos.com in accordance with the Terms and Conditions of Online Auction Sales and other applicable evidence at Bukoos.com's discretion. By placing a bid, the bidder acknowledges understanding of these Terms and Conditions of Online Auction Sales, including Bukoos.com's Warranty Disclaimer and Release and agrees to be bound thereby. Awards will be sent out by email. If you do not receive an award, you were not the highest Bidder. Local bidders are required to pick-up their goods according to their scheduled date/time at checkout, or the award will be forfeited (with full refund).
6. Lawful Use, User Risks and Eligibility - Buyers are prohibited from any unlawful use or abuse relating to Bukoos.com's website or Server, including URL or screen display manipulation, tampering with product marketing, pricing or terms of sale, theft of products or services and/or any other deceptive trade practice of any kind. Bukoos.com reserves the right to remove and prevent any content that is considered to be offensive, distasteful, threatening, obscene, profane, discriminatory, unlawful and/or irrelevant and to inactivate Buyer's account without a refund. Each User is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Bukoos.com an its Server. Each User agrees that use of Bukoos.com shall be at User's sole risk. Bukoos.com makes no representations, warranties or assurances that the User's equipment will be compatible with the Bukoos.com service or that Bukoos.com's Server will be uninterrupted or error free. Bukoos.com makes no representations, warranties or assurances as to the results that may be obtained from the use of its Server service or as to the accuracy, reliability or content of any information, service or goods contained in or provided through the Bukoos.com Server service. The network resources of Bukoos.com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Bukoos.com. All messages transmitted via Bukoos.com should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and gain unauthorized access. To be eligible, Buyers must be at least 18 years of age (minors are prohibited from engaging in online auction sales) or affiliated with an adult co-Buyer, who jointly and severally engages in any online activity or purchase transactions. Bukoos.com reserves the right to refuse or revoke the privilege of participating in any online sale to any person at any time.
7. Payment - All payments must be made by major credit card. Other forms of payment must be authorized by Bukoos.com in advance. Upon receipt of the award, payment of the full purchase price must be made within 24 hours and prior to delivery of the goods. Payment for the award will be processed through PayPal (PayPal allows direct credit card w/out a PayPal account, simply click the Debit/Credit link on the PayPal screen). Upon full payment of purchase price, Bukoos.com will issue a sales receipt to the registered bidder only. Bukoos.com reserves the right to refuse or restrict bidders at future auctions who fail to make payment on winning bids.
8. Delivery - Upon issuance of payment, Bidder authorizes Bukoos.com to coordinate the delivery to bidder of all goods purchased at bidder's expense. Failure to accept delivery of goods will result in forfeiture of the goods and Bukoos.com shall be entitled to retain any monies paid by bidder as a restocking fee and/or liquidated damages. Bukoos.com makes no warranties as to the suitability of goods for shipment.
9. Limitation of Liability - All Shop-N-Bid sales are final. Under no circumstances, including negligence, shall Bukoos.com, its owners, managers, agents or anyone else involved in creating, producing or offering Bukoos.com's Server service or respecting the sale of any good be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Bukoos.com Server service; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized use of or access to Bukoos.com's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content on and goods purchased through Bukoos.com's Servers. User's sole and exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed and are further limited to the aggregate dollar amount which User paid during any given monthly period not exceeding $250 or equivalent monthly amount if paid yearly, whichever is less. Bukoos.com shall not be responsible for any attorney's fee and court costs.
10. Governing Law, Arbitration and Indemnity - Utah law shall exclusively govern this Agreement and all disputes shall be resolved solely and exclusively by means of binding arbitration in Salt Lake City, Utah in accordance with the rules of the American Arbitration Association. Buyer is responsible to comply with all applicable federal, state and local laws pertaining to the purchase, transportation and use of purchased goods. Buyer shall indemnify and hold harmless Bukoos.com from and against any demand, liability, claim, loss, expense or damage, of any kind, including attorneys' fees, asserted against Bukoos.com or its owners, managers, agents or affiliates, arising from or as a result of Bukoos.com's services and Buyer's purchase, use or resale of any good and its condition, including respecting any injury to person or property, infringement upon copyright, trademark or other proprietary interests, or any defective product. Buyer is solely responsible for all taxes and other fees associated with the purchase and use of the goods, including the use of Bukoos.com's Server. Sales tax will be assessed and collected at time of payment, unless a valid tax exemption certificate is tendered at registration.
11. Access and Non-Affiliation - While Bukoos.com will make a reasonable, good faith effort to ensure that its Server is generally available and with minimal service interruptions, User acknowledges that since the Internet is neither owned, nor controlled, by any one entity, Bukoos.com can make no guarantee that any given User will be able to access Bukoos.com's server at any given time. User acknowledges that User utilizes the website services provided by Bukoos.com for their own purposes. Bukoos.com is not affiliated with any the organizations or individuals who use its website or with or responsible for any transactions that occur respecting services owned and provided by any User. Bukoos.com is and shall not be liable or responsible for any dealings between the Users and their customers. As Bukoos.com is not a dealer, distributor or service center for and has no affiliation with any of the various manufacturers of the Reclaimed Goods it manages and liquidates, it offers no warranties and makes no representations concerning the Reclaimed Goods it remarkets. Reclaimed Goods are typically sold "as is" in their original condition, however, occasionally repackaging is necessary due to handling concerns. In any event, any refurbished merchandise has not be substantially modified.
12. Integration - These Terms and Conditions of Online Sales, including the Warranty Disclaimer and Release constitute the entire and integrated agreement of between Bukoos.com and Buyer and supercede any and all prior discussions, representations, agreements or communications with respect to the subject matter hereof.
13. Warranty Disclaimer and Release - As more particularly set forth below, Buyer acknowledges Buyer has carefully read and knowingly and expressly agrees to the foregoing Terms and Conditions of Online Sales, including the Warranty Disclaimer and Release, and that Buyer shall be bound thereby, which disclaimer and release are incorporated. Buyer acknowledges Bukoos.com has reasonably and necessarily relied upon Buyer's acknowledgment and agreement thereto as a condition of permitting Buyer to access and transact business on its website.
Warranty Disclaimer and Release - Bukoos.com (as Seller, owner and/or consignee) does NOT warrant the condition, authenticity, quality or value of auctioned goods or associated services, including conformity thereof to any applicable state or federal law (i.e., copyright, trademark, licensing, etc.). Bukoos.com shall NOT be responsible or liable for the content of the information passing through the network or for Buyer's loss due to delays, non-delivery or service interruptions by any cause or errors or omissions of the User. Use of any information obtained by way of Bukoos.com is at the User's own risk, and Bukoos.com shall NOT be responsible for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to your ISP and does not represent guarantees of available bandwidth. Bukoos.com is NOT responsible for damages to the User for any non-accessibility time or other down time during any system unavailability. Bukoos.com shall NOT be responsible for any damages arising as a consequence of such unavailability. Bukoos.com expressly disclaims all implied and express warranties of any kind respecting any purchased "goods" and related services, including implied warranties of merchantability and fitness for a particular purpose. Bukoos.com does not warrant the condition or suitability of goods. Goods are sold "As Is, Where Is" and constitute reclaimed, lost, salvaged, returned, liquidated, asset-recovery, damaged, used, repaired, refurbished or distressed property. Buyer acknowledges Buyer's consent hereto and hereby generally releases and discharges Bukoos.com and its owners, managers, agents and affiliates from any and all liability, loss or damage claims associated with the manufacturing, distribution, purchase and use of purchased goods and related services, including any incidental, consequential and/or exemplary damages. Buyer accepts all liability and responsibility respecting the purchased goods, including responsibility for the proper transportation, maintenance, use, resale and/or care thereof.
Bukoos.com reserves the right to modify these Terms and Conditions of Online Auction Sale and Warranty Disclaimer and Release.
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