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March 10, 2010
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ZONLINEAUCTIONS.com
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ZONLINEAUCTIONS ONLINE AUCTION TERMS AND CONDITIONS
The following terms and conditions apply to all Zonlineauctions Online auctions. Additional terms and conditions applicable to specific auctions are included on the auction site for the specific auction. In consideration of the opportunity to bid at a Zonlineauctions online auction, and when you bid at a Zonlineauctions online auction, you, as bidder and/or Buyer as defined herein, are agreeing to these terms and conditions and the terms and conditions of the specific auction.
1. Zonlineauctions. Zonlineauctions is acting as agent of the seller in an online auction and is not responsible for acts omissions or representation of the seller or any of the seller's principals, officers, directors, employees or other agents.
2. Condition and Value of Items. ALL ITEMS ARE SOLD "AS IS", "WHERE IS", WITH NO WARRANTIES, EXPRESS OR IMPLIED. ILLUSTRATIONS, PICTURES OR VIDEOS POSTED ON ZONLINEAUCTIONS'S WEBSITE ARE FOR IDENTIFICATION PURPOSES ONLY AND ARE NOT WARRANTIES OF ANY TYPE. BUYER ASSUMES COMPLETE AND SOLE RESPONSIBILITY FOR INSPECTION OF ITEMS PRIOR TO BIDDING AND RELIES SOLELY ON ITS OWN INSPECTION AS TO THE CONDITION AND VALUE OF ITEMS. BUYER WAIVES ANY AND ALL CLAIMS AGAINST ZONLINEAUCTIONS AND SELLER BASED ON THE CONDITION OR VALUE OF ITEMS.
3. Contract and Payment. By placing a bid on an item, the bidder represents, warrants and undertakes that it has the authority and capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the item in question for the full amount of the bid, plus the buyer's premium and any applicable taxes. A legally binding contract between a bidder, on the one hand, and Zonlineauctions and seller, on the other hand, is formed when a bidder makes the highest bid and the online auction is closed. All sales are final; a bidder may not cancel a bid after the auction closes. When the auction closes, the highest bidder (referred to herein as "Buyer") shall pay for the item purchased by the date and time identified for removal on the specific auction site. If Zonlineauctions determines that the highest bid was not a legitimate bid, the item will not automatically go to the second highest bidder. If Buyer does not pay for and remove an item within the applicable removal period, Zonlineauctions reserves the right to do as they see fit with the merchandise.
4. Buyer's Premium. Buyer shall pay to Zonlineauctions a buyer's premium of a certain percent on each auction. This means, if the successful bid is $100.00, the buyer will be invoiced for $100.00 plus the percent of the buyer�s premium. For example, if the purchase price is $100.00 and the buyer� s premium is 10%, the buyer will be billed $110.00. The buyer's premium is not negotiable and is payable by all Buyers.
5. Sales Tax. If an item is subject to sales tax, Zonlineauctions shall collect sales tax at the time of payment. Tax shall be calculated based on the successful bid price plus the buyer's premium.
6. Auction Close. Online auctions shall close on the date and time identified on the specific auction site. All active items will remain open until no bids have been received for three minutes following the close of an online auction.
7. Fees. Bidders not complying with the Terms and Conditions will be liable for, but not limited to, legal fees, warehousing fees, and interest. Bidder will pay a warehousing fee if the items are paid for and not picked up in the allotted time frame.
8. Buyer's Responsibilities and Conduct. Buyer shall be responsible for all damage that it, its carriers or its agents may do to the property of Zonlineauctions as well as any third party in removing the items it has purchased. Should Zonlineauctions consider such damage likely to occur, it may require Buyer to deposit such sum of money with Zonlineauctions, by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of an item. Zonlineauctions may refuse Buyer access to Zonlineauctions's premises or other removal site for the purpose of collecting all or any of the items it has purchased, or rescind the sale of such items.
9. Indemnification. Buyer indemnifies and holds harmless Zonlineauctions, its directors, officers, employees and agents against any damage or loss which Buyer, Zonlineauctions or third-parties may suffer or incur with respect to loss, damage or injury arising from the removal of an item.
10. Zonlineauctions reserves the right to refuse access to the site to anyone.
11. After the auction close an email will be sent with the amount due and total with taxes and buyers premium. If email is not received within 2 business days, please call 320-843-3003.
12. Choice of Law and Venue. All disputes relating to a Zonlineauctions online auction and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All claims relating to a Zonlineauctions online auction and the terms and conditions herein shall be brought in District Court in Swift County, Minnesota, and bidders hereby consent to the jurisdiction of said Court.
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