AGREEMENT TO TERMS: Access and use of Energy Auction Inc. (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. ENERGY AUCTIONS INC. reserves the right to change the terms and conditions of the User Site Agreement from time to time and it is the visitors responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
PAYMENT: Payment for purchases must be made via wire transfer to Energy Auctions In Trust, IMMEDIATELY FOLLOWING ACCEPTANCE BY BOTH BUYER AND SELLER instructions will be attached to the invoice. Any item or lot not paid for in full by the stated deadline will revert to Owner/Seller who may re-sell or dispose of items at Seller's discretion.
SALES TAX: All sales are subject to appropriate Province/State Sales Tax laws. If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase.
DESCRIPTIONS: The descriptions of items or lots appearing on the site and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Energy Auctions Inc concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items and lots were available for inspection prior to the purchase and, by these terms, and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Buyer relied solely on personal inspection and not on information listed on the Site or otherwise provided by Energy Auctions Inc or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Energy Auctions Inc does not have control over the items or lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Use of this site is at your own risk. Some states/provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
WITHDRAWAL OF ITEMS: from time to time, it may become necessary to withdraw items from a sale after they are listed. ENERGY AUCTIONS INC. and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
REMOVAL: Merchandise becomes the full responsibility of Buyer at the close of sale and Buyer assumes all risk of loss and damage to property until removed from sale premises. The date by which all merchandise must be removed from the premises is posted on an per time basis. THERE ARE NO EXCEPTIONS TO REMOVAL DEADLINES!! Bidders who fail to pick up purchases by the removal deadline will incur storage fees in the amount of $100.00 per day per invoice. Items remaining 30 days after removal deadline will be considered as abandoned, and ownership will revert to Seller, who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale.
ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory after the item or lot has been removed from the sale premises, or after the removal deadline whether or not the property has been removed. ENERGY AUCTIONS INC. reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the sale.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and ENERGY AUCTIONS INC. and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any items or lots, and arising out of, based upon, or resulting from any breach or violation by user of this Site User Agreement
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Buyer and ENERGY AUCTIONS INC. until terminated by ENERGY AUCTIONS INC. ENERGY AUCTIONS INC. may terminate this agreement at any time without notice, in ENERGY AUCTIONS INC. sole discretion. If Buyer dissatisfaction occurs with the sale in any way, Buyer's only recourse is to immediately discontinue use of the Site. ENERGY AUCTIONS INC. reserves the right to terminate Buyer and use of the auction Site, and impose limits on certain features of the auction Site or restrict Buyers's access to, or use of, part or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE: ENERGY AUCTIONS INC. cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this site is conducted electronically and relies on hardware and software that may malfunction without warning. ENERGY AUCTIONS INC., in its sole discretion, may void any sale, temporarily suspend and re-sell any items or lots that were affected by any malfunction. The decision of ENERGY AUCTIONS INC. is final.
PRIVACY: ENERGY AUCTIONS INC. gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. ENERGY AUCTIONS INC. does not sell or rent this information. ENERGY AUCTIONS INC. uses electronic mail mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to ENERGY AUCTIONS INC. to have your name promptly removed from our list.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of ENERGY AUCTIONS INC. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
ENERGY AUCTIONS INC. reserves the right to change the terms and conditions of the User Site Agreement from time to time and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.