Terms of Service

1The documents that make up our agreement

Our agreement with you consists of these Terms and four policies, which are part of these Terms:

The condition grades and manifest rules in our Buyer’s Guide are also part of these Terms. Our Privacy Policy and Cookie Policy explain how we handle your information.

If two documents appear to differ, this order applies:

1. A term stated in the listing or in a written quote for a particular lot applies to that lot.
2. Each policy controls on its own subject. For example, the Shipping Policy controls on shipping and the Returns & Refund Policy controls on returns.
3. These Terms control on everything else.

3Who can use the site and buy

• You must be at least 18 years old and able to enter into a binding contract.
• You may buy as an individual or for a business. If you buy for a business, you confirm that you have authority to bind it.
• There is no membership and no minimum order.
• We sell at checkout, with free shipping, to addresses in all 50 states and Washington, D.C. We sell by written quote to U.S. territories and other countries, and for lots whose listing says quote only.
• We may decline or cancel an order where we reasonably suspect fraud, a breach of these Terms or misuse of the site. If you have already paid, we refund you in full.

5Listings and descriptions

We sell liquidation merchandise: customer returns, overstock and shelf pulls, sold by the lot and as-is.

• How we describe lots. We describe each lot from information given by its source and from the outside of the lot as we see it. Unless a listing says otherwise, we do not open, test, sort, clean, repair or repackage anything in a lot.
• Condition grades. We use four grades: New / Overstock, Shelf Pulls, Customer Returns and Salvage. They are defined in our Buyer’s Guide. A listing that combines grades says so and names them. If a listing names no grade, the lot is sold as Customer Returns. A grade describes the lot as a whole, not each item.
• Manifests. A lot is manifested only when a manifest file is attached to its listing; a listing without a manifest file is unmanifested. A manifest is supplied by the source. Up to 5% of the manifested units may be missing or different from the manifest.
• Unmanifested lots. These are sold by category, grade and pallet count. Any unit count or weight shown is an estimate.
• Estimated retail value. This is supplied by the source as a reference. It is not the price you pay and not a forecast of what items will sell for.
• Photos. Photos are representative of the lot type and condition grade unless the listing states that they show the specific lot.
• Weights and dimensions. These are approximate.
• Availability. A lot in your cart is not reserved until your payment clears, and a listing may sell before you check out. If we cannot supply the full quantity you ordered, we cancel the unsupplied part and refund it in full before the order ships.
• Mistakes in a listing. We correct mistakes when we find them. If we find a significant mistake in a listing after you have ordered, we tell you before the order ships, and you may cancel for a full refund.

7Prices and taxes

• Prices are in U.S. dollars and are shown on each listing.
• The price is for the whole lot. Shipping is free to all 50 states and Washington, D.C., so nothing is added for it. Shipping to a U.S. territory or another country is quoted and shown before you pay.
• The price does not include sales tax. Where tax applies, it is shown before you pay.
• The price you pay is the price shown when you place the order.
• If a lot is listed at a wrong price because of an obvious error, we may cancel the order before it ships and refund you in full.
• We collect sales tax where the law requires it. To buy tax-exempt for resale, your resale certificate must be on file and approved before the order is placed.

Our Payment Policy has the details.

9Shipping, pickup and delivery

• Shipping is free to every address in the 50 states and Washington, D.C., including liftgate and residential delivery.
• Our handling time is 1 to 2 business days after payment clears, and total delivery time is 3 to 7 business days to every address in the 50 states and Washington, D.C., Alaska and Hawaii included. Delivery estimates come from the carrier and are not guaranteed.
• You are responsible for giving accurate delivery details and for being available to receive the delivery. The carrier charges listed in section 7 of our Shipping Policy, which arise only from incorrect delivery details, a missed delivery or unloading delay, are yours at the carrier’s actual cost.
• Local pickup is free and by appointment. Email us your order number before the order ships to switch it to pickup. Collect your order within 7 calendar days of the ready notice. From day 8 we charge storage of $10 per pallet per day.
• If a pickup order is still uncollected 21 calendar days after the ready notice, we may cancel it. A pickup order cancelled after the pickup window closes is refunded less the storage fees. There is no restocking fee.

Our Shipping Policy has the details.

11Inspection and claims

Inspect every delivery before you sign for it, and write any damage or shortage on the delivery receipt.

You must report shipping damage, a shortage or a lot that is not as described within the claim window of 7 calendar days from delivery or pickup. If you do not, you are treated as having accepted the lot’s condition at delivery, and the Eligible Claim remedies no longer apply. Your right to return the lot within the 30-day return window is not affected. Non-delivery has no 7-day limit.

13Warranty disclaimer

We stand behind three things: our right to sell each lot, the lot matching its listing as described in our Warranty Policy, and your 30-day right of return.

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LOTS ARE SOLD “AS IS” AND “WITH ALL FAULTS”. EXCEPT AS STATED IN OUR WARRANTY POLICY, WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Manufacturer warranties usually do not apply to liquidation merchandise. Some states do not allow the exclusion of implied warranties in consumer purchases, so part of this section may not apply to you.

15Acceptable use of the site

You agree not to:

• Use the site for anything unlawful or fraudulent
• Give false information or impersonate another person or business
• Use bots, scrapers or other automated tools to copy listings, prices or manifests
• Interfere with the site, test its security or try to reach areas you are not authorized to use
• Place orders you do not intend to complete, or dispute charges for orders that were delivered as described
• Use the return policy to keep part of a lot and return the rest, or to return goods we did not sell you

17Reviews and content you send us

If you send us a review, a photo or other content for publication, you confirm that it is your own and that it is truthful. You give us a non-exclusive, royalty-free license to use it on our site and in our marketing. We do not publish reviews we know to be fake, and we do not pay for positive reviews.

19Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

This includes losses that arise from reselling the goods, such as a marketplace suspending your account.

Nothing in these Terms limits liability that cannot be limited by law. Some states do not allow the exclusion or limitation of incidental or consequential damages in consumer purchases, so part of this section may not apply to you.

21Events outside our control

We are not responsible for a delay or failure caused by events outside our reasonable control. Examples are severe weather, natural disasters, carrier disruption, strikes, government action and power or internet outages.

We tell you if such an event affects your order. Your right to cancel an order that has not shipped is not affected.

23Changes to these Terms

We may update these Terms and our policies. We post the new version on the site and change the effective date. The version in force when you place an order applies to that order. If a change is significant, we also tell you by a notice on the site or by email.

25Contact us

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