11075 10th Street NE
Clara City, MN 56222
This auction is being coordinated by “Hilbrands Auctions". Auctioneer license number AB3103 and AU4297. All descriptions & conditions indicated are deemed reliable but not guaranteed. “Hilbrands Auctions” is responsible for scheduling inspection & pickup times. The collection & disbursement of all funds, including but not limited to sales tax, buyers fees & payments to sellers are the sole responsibility of “Hilbrands Auctions”.
They are solely responsible to provide Titles, Bill of Sale and any other documents to the Buyer with respect to items purchased.
On this auction Bid-2-Buy is solely acting as a marketing agent.
Starts to end 7:00 PM 1 item every minute, with extended bidding subject on each item.
Call Terry at 239-777-3120 for an Appointment for Viewing.
PAYMENT & PICKUP INFO..
Items must be made for within 3 business days after auction ends. Pickup is by appointment, please call to arrange.
Questions please call Terry at 239-777-3120
In the event you do not receive an invoice within 24 hours of auctions end it may have been deleted as “Spam Mail”. Please call the Bid-2-Buy office to request another one be sent to you.
SALES TAX & BUYER FEES...
10% BUYERS FEE ON ALL PURCHASES
Cash, Cashier’s Check & Bank Wire only. No personal or business checks. No credit or debit cards.
ANY TRANSACTIONS OVER $9,000.00 MUST BE PAID FOR WITH BANK WIRE OR CASHIERS CHECK ONLY.
Please make all Cashier’s Checks payable to "Hilbrands Auctions".
All Cashier Checks will be verified by the Financial Institution they were drawn on. NO Items will be released until entire invoice is paid in full.
As of December 20, 2017 all new bidder registration will need to register a credit card as a form of identification. Your card will be charged $1 to verify and immediately refunded.
The Sellers DO NOT provide transportation or shipping services for buyers to remove their merchandise.
Any and all methods of towing and/or hauling, as well as all other methods or requirements for the removal and transport of the Equipment, is the sole responsibility of the buyer.
ALL DESCRIPTIONS & CONDITIONS INDICATED ARE DEEMED RELIABLE BUT NOT GUARANTEED. ALL ITEMS ARE SOLD "AS-IS, WHERE-IS". NOT RESPONSIBLE FOR ACCIDENTS
Bid-2-Buy.com RECOMMENDS ALL BIDDERS Make the Time to VIEW ITEMS BEFORE PLACING BIDS!
Auction ID: 93052
Last Modified: April 13, 2023 at 1pm
These terms and conditions of service (“Terms and Conditions”) apply to and govern the auction and related services provided by Werner Auction Group, Inc. d/b/a Bid-2-Buy (hereinafter, “Bid-2-Buy”) through (a) its website (http://www.bid-2-buy.com) and mobile application (individually and collectively, the “Website”) – which, in part, allow a user or buyer to obtain information about and bid on items – and (b) any of its live auctions and other sales events (in-person or online) (individually and collectively, the “Service” or “Services”).
This is an agreement between you and Bid-2-Buy. Read the entire agreement. If you do not agree to these Terms and Conditions, you may not use the Services, including the Website.
By accessing or using the Services, including the Website, registering as either a buyer or seller, bidding on an item, or by executing a Seller Contract or Seller Affiliate Contract with Bid-2-Buy, you (a “user,” “buyer,” “seller,” and/or “bidder”) represent and warrant to Bid-2-Buy that – at each instance – you have read and understand these Terms and Conditions (as amended, if applicable), and agree to be bound by them.
These terms and conditions shall be and are referred to herein as the “Terms and Conditions” or “Agreement.” You and Bid-2-Buy are collectively referred to herein as the “parties” and each a party.
Bid-2-Buy reserves the right to update, modify or amend this Agreement at any time. Bid-2-Buy provides notice of any such amendments, as set forth below.
All potential bidders must register through the Website or at the auction site before you can participate or bid. You must be at least 18 years old to register and bid on any item. If a potential bidder needs assistance registering, please contact Bid-2-Buy for assistance.
New bidders need to register a credit card as a form of identification. Your credit card will be charged $1 to verify your identity and shortly thereafter refunded. Live auction events also require a valid driver's license or photo identification.
Bid-2-Buy may, in its sole discretion, deny registration to any person or entity. After accepting registration, refusal to permit any person's or entity's continuing use of the Website or Services for any reason is at Bid-2-Buy’s sole discretion. Bid-2-Buy may take action against you for your conduct and reserves the right to exclude you (any person or entity) from access to the Website or Services if Bid-2-Buy. Determines – in its sole discretion – that your actions are inappropriate.
All auctions are reserve auctions unless an auction is identified in writing by Bid-2-Buy as being an “absolute auction.” Each item included in a reserve auction has a reserve unless expressly indicated to the contrary in writing by Bid-2-Buy. To the extent the Website indicates that an item has met the reserve, such notation solely means that the reserve has been met for that particular item and does not change the fact that the auction is a reserve auction or that reserves for other items remain or have not been met.
Bidding terminates automatically at a predetermined time that will be posted in the Terms and Conditions of Sale specific to the Auction or in other auction details. All times are Central Standard Time.
All auctions close using an extended bidding format. This feature allows the auction to function like a live auction by extending the time for (3) minutes (or by such other time as Bid-2-Buy determines in its sole discretion) on any item that has active bidding within the last three minutes of that item closing. It also allows customers with slower computer connections a fair opportunity to bid by eliminating the bidders that use computer sniping software to place bids within the last second of an auction out bidding you.
Bid-2-Buy will announce any additions to or deletions from the catalog on the day of the auction. Bid-2-Buy may, in its discretion, offer items for sale by the piece or by the lot. Bid-2-Buy may also augment an auction with items from various sellers. Items may also be interspersed throughout an auction.
A seller has the right to remove items from an auction either before or after bidding has been completed. In the event of removal of an item after bidding has been completed, a buyer’s sole remedy shall be the refund of any bid (or purchase price) actually paid.
All sales are final. When the auction ends, all winning bidders will be notified by email within 24 hours of the last item closing at the auction. Please wait for your email before contacting Bid-2-Buy. Furthermore, if you submitted the highest bid on an item as of the close of the auction, but your bid did not meet or exceed the reserve for that item, your bid remains valid and may be accepted until 12:00 pm (central time) of the day following the close of the auction. If your bid becomes a winning bid by virtue of a seller reducing the reserve, you, as a winning bidder, will be notified by email.
As noted in this Agreement, you are responsible for knowing and becoming familiar with the item on which you bid. When becoming a winning bidder at auction, you have entered into an agreement to purchase the item and shall pay for it consistent with this Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction.
No returns or refunds will be permitted, unless authorized by the seller and Bid-2-Buy in writing signed by an officer of Bid-2-Buy. In the event of any dispute concerning the winning bid price for an item, the record kept by Bid-2-Buy shall prevail.
If you – as a non-performing winning bidder – fail to timely remit payment for a winning bid consistent with this Agreement, the Terms and Conditions of Sale, or any other terms and conditions specific to the pertinent auction within three (3) business days of the due date of said payment, Bid-2-Buy, in addition to any other remedies available to Bid-2-Buy or the seller under the law, including without limitation, the right to hold the winning bidder liable for the bid price, Bid-2-Buy – at its sole option – may (a) resell the item publicly or privately, with the winning bidder being liable for the payment of any deficiency plus all costs incurred, including, but not limited to, resale costs and storage costs, (b) contact the next highest bidder to offer the item to them, and the original high bidder may lose their place as the winning bidder, and (c), in its sole discretion, either accept what Bid-2-Buy deems to be the final bid or solicit further bids on the item in dispute.
Furthermore, if you pay for an item for which you are the winning bidder, but fail to timely pick up or remove an item as directed by Bid-2-Buy, you, in addition to any other remedies available to Bid-2-Buy or the seller under the law, are liable to Bid-2-Buy for a daily storage fee of $50.00 or the maximum daily storage fee permitted under Minnesota law (if any), whichever is less, and subject to any applicable limit on the total storage fee, if any.
ALL ITEMS ARE SOLD AS IS, WHERE IS, WITH ALL FAULTS AND WITH NO WARRANTY EXPRESSED OR IMPLIED. Bidders are strongly encouraged to examine or inspect items in person prior to bidding. It is the responsibility of the buyer or bidder to determine the condition of items and bid accordingly. Inspection days are in place for every auction, contact Bid-2-Buy for special requests.
As noted above, in order to bid in an auction, you must first register with Bid-2-Buy. On every item in an auction, a minimum bid and a minimum increase (also called "bid increment") is set by our system. Our software will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase). If an inappropriate bid is placed, a bidder will be notified immediately that their bid was not accepted and provided with an option to correct the bid. Any current high bidders who are overbid at this time will receive notification by email.
Once you place a bid, you cannot remove or lower a bid. No bids will be removed once they have been placed. Bid-2-Buy may remove or lower a bid for a bidder when it determines – in its sole discretion – that a bid was placed in error.
A maximum bid may be placed when bidding on an item (this is sometimes called a "proxy bid"). A maximum bid is used by our system to increase your bid automatically in case you are outbid by another user. Bid-2-Buy’s system/platform will only bid high enough to outbid the current high-bidder, according to the minimum bid increment (increase). This can be a very convenient feature, as it allows the system to bid on your behalf, so you do not have to constantly monitor an auction.
Bid-2-Buy relies on the seller for information about items in the auction. Bid-2-Buy undertakes no investigation of that information and makes no representation or warranty concerning the truthfulness or completeness of that information. Bid-2-Buy and seller assume no responsibility for and make no representations or warranties concerning the descriptions of items contained in marketing materials for the auction. As noted above, it is your obligation to verify such descriptions prior to bidding. Thus, for instance, photographs are provided solely for your convenience and shall not be construed to create representations or warranties of any kind pertaining to the items.
You acknowledge and agree that you have/had the opportunity to inspect all items prior to tendering a bid and acknowledge and agree that you cannot have any claims or causes of action against Bid-2Buy or seller relating to item information, photographs or descriptions.
Items are intended to be sold without software if any is applicable. In the event that a seller's software is included in an item sale, Bid-2-Buy makes no representations or warranties regarding the software, including, but not limited to, your right to use such software, or the performance of the software.
Bid-2-Buy provides the Services and Website so sellers may offer assets/items for bid and buyers may place offers to purchase items. Bid-2-Buy is not an agent of a buyer or seller. Bid-2-Buy does not have the power to transfer title to any assets offered by sellers. Additionally, Bid-2-Buy makes no representation or warrant of any kind as to the willingness or ability of either buyer or seller to complete a sale. Bid-2-Buy provides the Services, including the Website, so sellers may offer items for sale in accordance with this Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy. Sellers are solely responsible for independently verifying the background and credit-worthiness of the users or bidders with whom they enter into, or with whom they prospectively will enter into, a transaction.
As noted above, all auctions are reserve auctions unless an auction is identified in writing by Bid-2-Buy as being an “absolute auction.” Each item included in a reserve auction has a reserve unless expressly indicated to the contrary in writing by Bid-2-Buy. A reserve may be established through bids or it may be predetermined by the seller. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders other than Bid-2-Buy. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches the reserve. This is usually done to encourage bidding on an item. A seller may, at its/his/her option, lower or waive a reserve or reserve price at any time rendering the then highest bid the winning bid at that point in time.
In the event of any dispute between a buyer (or bidder) and seller relating any transaction conducted through the Services, including the Website (the “Dispute”), You (bidder, buyer, seller, or seller affiliate, as applicable) shall indemnify, hold harmless, and defend (by counsel satisfactory to Bid-2-Buy in its sole discretion) Bid-2-Buy, its affiliates and subsidiaries, and all of their respective directors, officers, members, employees, agents, shareholders, co-branders, partners, successors and assigns, and each of the foregoing, from any and all claims, causes of action, suits at law or in equity, judgments, liability, losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, that are sought from or incurred by Bid-2-Buy that arise out of or relate in any way to a Dispute unless the Dispute arises solely as a result of Bid-2-Buy’s gross negligence or willful misconduct.
Auctioneer May Bid
Bid-2-Buy, its Affiliates (meaning other auctioneers that host an auction on the Website), and their respective employees and agents (collectively, the “Auctioneer”) have (or reserve) the right to bid on an item in any auction. Bid-2-Buy can bid on an item up to the reserve on the item on a seller’s behalf. Furthermore, if a registered bidder needs assistance, the Auctioneer can submit a bid for a registered bidder per the registered bidder’s instructions. To the extent the Bid-2-Buy or its employees or agents (collectively, “Bid-2-Buy”) submits a winning bid, Bid-2-Buy shall purchase the item. The identify of bidders, including the Auctioneer, is not disclosed to users or bidders, though such information is visible to the Auctioneer (including Bid-2-Buy). Bid-2-Buy can view all maximum bids.
You – as a user, bidder and/or buyer – expressly agree that the number of bids on an item does not represent the interest level in an item.
You – as a user, bidder and/or buyer – also expressly agree that a bid or bids do/does not represent an item’s actual value.
Furthermore, you – as a user, bidder and/or buyer – expressly agree (and represent and warrant to Bid-2-Buy) that you will only submit a bid or bids (including a maximum bid) on an item at a dollar amount(s) that you want to pay for an item and for no other reason.
You – as a user – are solely responsible for all conduct and transmissions that take place under your Username and password even if you instruct the Auctioneer to place a bid(s) on your behalf. Without limiting the foregoing, you – as a user – represent, warrant, and covenant that your use of the Services, including the Website, shall not:
(a) violate any applicable law, including local, state, national and international laws, rules and regulations;
(b) interfere with or disrupt computer networks connected to the Service, including the Website;
(c) impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any user (or your) information;
(e) interfere with or disrupt the use of the Services, including the Website, by any other user, nor "stalk", threaten, or in any manner harass another user;
(f) upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, Website, or that of other computer systems;
(g) use the Services or Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
(h) upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
(j) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or Website, or any component thereof (including, but not limited to, any materials or information accessible through the Website).
Without limiting the foregoing, you – as a user – further represent, warrant, and covenant that you will not sell or buy any items that may not be lawfully offered for sale or purchase in the United States and that you will not export from the United States any item in violation of U.S. law. Certain items offered for sale at an auction may constitute “Restricted Technology.” Under federal law, such items may not be shipped outside of the United States. Bid-2-Buy makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology.
In addition to those other obligations set forth herein, you – as a Buyer – acknowledge and agree that by placing a bid on an item, you represent, warrant and covenant:
(a) that you shall not misrepresent your ability to close the transaction pursuant to or consistent with this Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction,
(b) that you have the capacity to close the transaction,
(c) that you have actual authority to enter a bid and to purchase the item, and
(d) that any bid that you make on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.
Auction Closing and Payment
Each auction has its own ending time listed on the Terms and Conditions of Sale. Auctions end automatically at this time, as described above. Notifications are sent out to the winning bidders. Bid-2-Buy may, in its discretion, charge a buyer's premium or fee on items sold. All such charges or fees will be indicated in the relevant auction Terms and Conditions of Sale. If charged, the buyer's premium or fee shall be a percentage of the sales price of each item sold and shall be collected by Bid-2-Buy directly from each winning bidder, in addition to the bid (or purchase) price.
Bid-2-Buy will announce the removal or "check-out" period on the day of the auction in the case of a live event. Online auctions will have the details posted in the Terms and Conditions of Sale. Bid-2-Buy shall have no responsibility to disconnect utilities to a sold item, including electricity, gas, and waste and water lines. It is your sole responsibility as a buyer to arrange and pay for the removal and shipment of purchased items. Also, it is your responsibility as a buyer to provide, or, if applicable, ensure your agents performing a removal on your behalf provide, upon demand, evidence of the following insurance policies with reliable insurance companies, and in the following amounts: $2,000,000 combined single limit, $1,000,000 property damage and $1,000,000 comprehensive general liability with contractual liability in the case of all riggers; and $500,000 cargo and $1,000,000 comprehensive general liability in the case of carriers; and such other insurance as may be required by any governmental authority, including workers' compensation insurance.
Removal of an item shall be conducted responsibly and with due care for the premises and other property on the same. You – as a buyer – shall restore and repair all real and personal property that is altered or damaged as a result of the removal of a purchased item. If the winning bidder/buyer does not remove an item within the announced check-out period, Bid-2-Buy and the seller may, in their sole discretion and without limiting any rights Bid-2-Buy or the seller may have under this Agreement, the Terms and Conditions of Sale or the law, deem the item to have been abandoned by the buyer/winning bidder and the buyer/winning bidder will have no further rights with respect to the item.
You acknowledge that an auction site is a potentially dangerous place. Flammable, noxious, corrosive, and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters an auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. You shall advise your agents and employees of the same. You covenant and agree that neither you nor anyone acting on your behalf shall have any claim against Bid-2-Buy, the seller or their respective officers, shareholders, employees or agents for any injuries sustained or for damages to or loss of property that may occur at an auction site.
It is the winning bidder/buyer's sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain items for sale may contain “hazardous substances,” as that term is defined under federal, state or local environment laws and regulations. Bid-2-Buy has no duty to remove any hazardous substances that are contained in or are a part of any item. You – if a winning bidder or buyer –
agree to indemnify, hold harmless and defend (by counsel satisfactory to Bid-2-Buy in its sole discretion) defend (by counsel satisfactory to Bid-2-Buy) Bid-2-Buy, its affiliates and subsidiaries, and all of their respective directors, officers, members, employees, agents, shareholders, co-branders, partners, successors and assigns, and each of the foregoing, from any and all claims, causes of action, suits at law or in equity, judgments, liability, losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, that are sought from or incurred by Bid-2-Buy and that arise out of or relate in any way to the sale, removal, shipment or use of any purchased items.
Changes to Services and Website
You acknowledge and agree that Bid-2-Buy may change, modify, amend, suspend or discontinue any aspect of the Services, including the Website, at any time without notice and without liability to you or to any third party. Bid-2-Buy further reserves the right to impose limits on certain features of the Services, including the Website, at any time, without notice and without liability to you or to any third party.
Changes or Amendments to Terms and Conditions, Terms and Conditions of Sale & Other Auction-Specific Terms and Conditions
You also acknowledge and agree that Bid-2-Buy – at its sole discretion – may update, modify, or amend, in whole or in part, these terms and conditions (as well as fees and transaction rules set forth in the Terms and Conditions of Sale or and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction) from time to time. Consequently, you shall regularly review these terms and conditions, Terms and Conditions of Sale, and any other terms and conditions specific to the pertinent auction. When Bid-2-Buy updates, modifies or amends these terms and conditions, the terms and conditions, as amended, will be reflected on the Website, and Bid-2-Buy will update the “last modified” date at the top of this Agreement. When Bid-2-Buy updates, modifies or amends the Terms and Conditions of Sale and any other applicable terms and conditions established by Bid-2-Buy and specific to an auction the current versions of the same will be posted on the Website and presented in conjunction with the details of the pertinent auction.
You agree to review these terms and conditions, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction posted on the Website on a regular basis and prior to submitting each bid. Your continued use of the Services, including the Website, after any amendment constitutes acceptance of the terms and conditions, Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction, as amended. If you do not want to agree to any of the foregoing terms or conditions, Terms and Conditions of Sale, or any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction or any future versions of the same, do not use or access (or continue to access) the Services, including the Website. You further agree and warrant that products or items similar to the items available through the Services are available to you through other retail stores, auctions and other mediums, and that this Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction consist of terms acceptable to you and that are not substantively or procedurally unconscionable or difficult for you to comply with or accept. Accordingly, you acknowledge and agree that, to the maximum extent permitted under the law, unless otherwise stated, any and each update, modification or amendment to these terms and conditions, Terms and Conditions of Sale, or any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction will fully govern your use of the Services, including the Website.
Use of the Services (including the Website) is at your own risk. As noted above, Bid-2-Buy provides, in part, a service for buyers to bid through an online auction format. You acknowledge and agree that this service may not function properly at any given time. Accordingly, Bid-2-Buy cannot be held responsible for server down time, or any inability to access our Website or Services. Under no circumstances shall you have any claim or cause of action against Bid-2-Buy or anyone else if the Internet fails to work correctly at any time. Bid-2-Buy is not responsible for any missed bids from any sources. Moreover, notifications sent by Bid-2-Buy via email may possibly take longer than expected and cannot be counted on to inform you of an item's status. Further, in the event of any problems, we reserve the right to cancel, restart, or extend an item, or complete auction as the circumstances may dictate in our sole discretion.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING THE WEBSITE) ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES (INCLUDING THE WEBSITE) WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, BID-2-BUY DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES OR WEBSITE IS ACCURATE OR CORRECT; THAT THE SERVICES (INCLUDING THE WEBSITE) WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES (INCLUDING THE WEBSITE) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES (INCLUDING THE WEBSITE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING THE WEBSITE) IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES (INCLUDING THE WEBSITE).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BID-2-BUY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CIRCUMSTANTIAL, CONSEQUENTIAL, CONTINGENT, EXEMPLARY, INCIDENTAL, INDIRECT, LIQUIDATED, PUNITIVE, SPECIAL, OR SPECULATIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, SALES OR REVENUES, LOST BUSINESS OR BUSINESS INTERRUPTION, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ATTORNEYS’ FEES OR COSTS ARISING OUT OF OR RELATED TO THE SERVICES (INCLUDING THE WEBSITE), THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, REGARDLESS OF WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT, OR OTHERWISE OR WHETHER BID-2-BUY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Neither Bid-2-buy nor Seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by you or any other person or entity in connection with the SERVICES OR WEBSiTE.
ADDITIONaLlY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT LIMITING THE FOREGOING, BID-2-BUY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES (INCLUDING THE WEBSITE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES (INCLUDING THE WEBSITE) AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES (INCLUDING THE WEBSITE); (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR WEBISTE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES OR WEBSITE; AND/OR (VII) USER DATA OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
FURTHERMORE, Without limiting the foregoing, in no event shall Bid-2-Buy’s liability to YOU for any act or omission occurring in connection with the SERVICES (IF ANY) exceed the amount that YOU HAVE ACTUALLY paid to Bid-2-Buy as a deposit or as payment for a purchased item.
This Agreement, including your rights and obligations herein, cannot be transferred or assigned by you, but may be assigned by Bid-2-Buy without restriction. Any attempt by you to transfer or assign this Agreement, or any of your rights or obligations hereunder, shall be null and void.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE OR WEBSITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS, CAUSES OF ACTION OR DEMANDS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Applicable Law, Forum and Attorneys’ Fees and Costs
This Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction (for purposes of this paragraph, individually and collectively, hereinafter referred to as the “Agreements”) shall be interpreted in accordance with the substantive laws of the state of Minnesota, without giving effect to conflict-of-laws principles. You and Bid-2-Buy agree that the exclusive venue for any claims, disputes, proceedings, or causes of actions arising under or in relation to the Agreements shall be in Anoka County, Minnesota, or in the United States District Court for the District of Minnesota. You expressly consent to personal and exclusive jurisdiction in the courts of the state of Minnesota located in Anoka County and in the United States District Court for the District of Minnesota. You further waive any defense of inconvenient forum as to any such Court, and agree not to bring any dispute, claim, lawsuit, action, or proceeding arising out of or related to the Agreements in any other Court. You also waive any bond, surety or other security that might be required of Bid-2-Buy in any action or proceeding, and further consent to service of process under Minnesota law. If you breach any of the terms of the Agreements or you sue Bid-2-Buy and Bid-2-Buy is the prevailing party, you shall be liable for and reimburse Bid-2-Buy for the attorneys’ fees and costs Bid-2-Buy incurs in or related to any lawsuit commenced to enforce any portion of the Agreements or incurs in responding to or defending against claims or causes of action asserted by you against Bid-2-Buy. Any decision regarding attorneys’ fees and costs shall be made by the judge.
For purposes of foregoing paragraph and any Seller Contract or Seller Affiliate Contract, any party who enters into a Seller Contract or Seller Affiliate Contract with Bid-2-Buy hereby agrees that the term “Agreements” in the foregoing paragraph includes the Seller Contract and Seller Affiliate Contract, as applicable, and that the term “you” in this paragraph/section includes sellers and seller affiliates.
Severability, Waiver, and Survival
If any provision in or obligation under the Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby. The waiver of any provision or condition or the breach of any term will not be a waiver of any subsequent breach of the same or any other term or condition. This Agreement constitutes the complete and final integrated agreement between the parties in regard to the specific terms contained herein. This Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and allowable assigns (if any). The acknowledgements, covenants and obligations of the parties set forth in this Agreement, the Terms and Conditions of Sale, and any other applicable terms and conditions established by Bid-2-Buy and specific to the pertinent auction shall survive the expiration or termination of the same, as amended, and delivery of the Services, unless inapplicable by their terms.
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