AUCTION SITE BUYERS TERMS OF USE

Platinum Bid Auction Service, LLC (“Platinum Bid”) offers you (“you” or “User”) access to this website (the “Auction Site”) based upon the terms contained in this Terms of Use Agreement (the “Agreement”). By using the Auction Site, or by clicking the “I Accept” button below, you agree and accept each of the terms contained in the Agreement.

  1. Registration: You may browse the Auction Site for free and without registering. In order to buy an item, you must register. The Auction Site follows a registration procedure. When you register at the Auction Site, you must choose a username and password. You are responsible for the safekeeping and confidentiality of your username and password and nor to disclose any username or password to a third party or to use the username or password of any other user. You are responsible for all activity that occurs under your Auction Site account. In the event your account is breached or accessed by someone other than you, you must contact Platinum Bid immediately.

    Registration is not available to those who cannot form a legal contract, minors under 18 years of age, or to those whose account has been temporarily or permanently suspended. If you are not legally competent to enter into a binding contract, you must not use or visit Auction Site. Platinum Bid reserves the right to cancel the account of any User that violates the Agreement. Platinum Bid reserves the right to refuse registration or access to Auctions to anyone, at anytime, in its sole discretion.
  2. User Representations and Restrictions: Each User is responsible for the content that he or she posts or uploads to the Auction Site. You represent and warrant that in using the Auction Site
    • you shall abide by all applicable civil and criminal laws;
    • you will deliver payment, together with any applicable sales tax, for items purchased by you in the ordinary course,
    • you will pay any fees owed to Platinum Bid and will not circumvent or manipulate our fee structure or billing process;
    • you own or have a license for any information uploaded by you on Auction Siteand
    • you will not post or display any offensive language, or content designed or intended to incite violence, criminal conduct.
  3. Risks of Transaction: The Auction Site provides a venue where Users may buy goods in accordance with these terms. Platinum Bid only provides a service and does not participate in any transaction of items on this Auction Site. Users assume all risks involved in every transaction. Platinum Bid and their affiliates do not control or guarantee the quality, safety, authenticity, or legality of any listing or item sold. Platinum Bid and their affiliates do not control or guarantee the truth or accuracy of any listings, or that every transaction will be completed. Platinum Bid does not transfer legal ownership of items to the buyer. All items are sold AS IS with all faults and with no warranty of any type expressed or implied as to the merchantability or fitness for a particular purpose. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. Any oral representation made by the auctioneer shall not modify these AS IS terms. Buyer understands that any description given in a catalog or written on the equipment is not guaranteed.
  4. Seller Bidding: The seller, its agent and/or Platinum Bid reserve the right to bid on the seller's item in order to protect their investment.
  5. Posted Closing Times: Platinum Bid reserves the right to close early or extend auctions for particular items at any time in its sole discretion. All times are based on the time zone where the auction is located. Dynamic bidding - The dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the auction until there is 5 minutes of bidding inactivity. Example - An item is bid on at 7:55pm. An auction is scheduled to close at 8:00pm. When this bid is placed the ending time will automatically extend to 8:05pm. When another bid is place at 8:01 the auction will extend until 8:10pm. This will give bidder 9 minutes to place another bid. If no bids are placed on that particular item, the auction item will conclude at 8:10pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 5 minute intervals, NOT 5 minutes from when you placed your bid.
  6. Right to Terminate Purchase. If, for any reason, Platinum Bid is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Platinum Bid. may terminate the purchase, in which case Auction Co.'s only liability shall be the return of any monies actually paid by buyer for the item.
  7. Buyer’s Premium: A buyer’s premium will be added to all purchases. The buyer’s premium in effect for a particular auction item will be noted when you click on details link on the items listings page. You may also call us to find out the exact amount of the buyer’s premium for any auction item.
  8. Payment Terms: Browsing items is free, however Platinum Bid charges for its services and reserves the right to charge your credit card 20% of your purchase or your total purchase amount immediately following the sale. The balance is due within two (2) business days and prior to removal of purchased item(s), payable in U.S. funds by electronic check, credit card, or wire transfer. If you do not pay in full by the due date, Platinum Bid reserves the right to charge the balance to the credit card you have registered with the Auction Site along with a processing fee up to $10.00. Visa, MasterCard, Discover & AMEX cards are accepted.
  9. Sales Tax/Title Fees:Any local sales or use tax is the responsibility of the buyer. Buyers will also be responsible to take care of any applicable taxes and plate fees in their local jurisdiction with the applicable taxing and/or licensing authorities. Title documentation will be given day of sale if paid by cash, credit card, or certified check.
  10. Removal and Failure to Remove Items: Each purchased item must be removed from the auction site without damaging any other property and within the time announced or posted for such item. All costs, responsibility and risk of such removal is borne by buyer and, in every case; buyer will use prudence and care in such removal. If buyer fails to remove any purchased item within the time specified, Platinum Bid has the right but not the obligation, in its sole discretion, to resell, discard or remove and store, at buyers sole risk and expense (storage costs will be charged at $15 per day - per item - other costs additional), without waiving any rights that Platinum Bid or seller may have
  11. Term: The Agreement, and any amendments, shall govern your relationship with Platinum Bid and use of the Auction Site for the period of time that you use the Auction Site and shall survive beyond the end of your use.
  12. Changes: By using the Auction Site, you accept and agree to be bound by each of the terms contained in the Agreement, which may be modified in accordance with this section. Non-material changes may be made by Platinum Bid at any time. Platinum Bid will notify Users in advance of any material change to this Agreement and require that you accept the amended Agreement. Your access and use of the Auction Site after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended.
  13. Privacy: Platinum Bid’s privacy policy is incorporated here by reference.
  14. Links: If you use the links to third party sites, you will leave the Auction Site. Platinum Bid does not control the linked sites nor is it responsible for the content of any third party linked site, or of any other links contained in such third party site. Platinum Bid provides links to you solely for your convenience, and the inclusion of any link is not an endorsement by Platinum Bid of the site or its contents. Platinum Bid expressly disclaims any responsibility and all liability for any other party's linking to this site or in which any part of this site has been hyperlinked.
  15. Warranties: Platinum Bid will provide the Auction Site services in a professional manner and according to acceptable industry standards. We provide third party services to you “as is” and “as available” without warranty. Each party shall comply with all applicable federal, state and local laws pertaining to the use of the Auction Site. Platinum Bid makes no representation as to the completeness and accuracy of the information contained in the Auction Site. This information may be incomplete, may contain errors or may become out of date.

    PLATINUM BID AND THEIR AFFILIATES EXPRESSLY WAIVES ALL other express or implied warranties including but not limited to warranties of merchantability, integration, performance, fitness for a particular purpose, accuracy and non-infringement, as well as warranties arising out of course of dealing or performance or usage of trade.
  16. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS PROVIDED IN SECTION 6, ABOVE, PLATINUM BID SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE OR ANY LINKED THIRD PARTY SITES. IN PARTICULAR, CROSSBID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE OR TORT.
  17. Indemnification: You agree to indemnify, release and hold harmless Platinum Bid and its respective officers, directors, shareholders, members, employees, agents, heirs, successors in interest, representatives, parents, subsidiaries, affiliates, licensors and content providers from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable legal fees, that may be incurred or suffered by Platinum Bid arising out of third party claims related to: (a) your obligations under this Agreement, (b) your use of Auction Site or (d) any violation of any law, rule or regulation related to your use of Auction Site.
  18. Release: You hereby release Platinum Bid and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, damages (including direct and consequential) of every kind and nature, known or unknown, disclosed and undisclosed, arising out of or connected with your use of the Auction Site. If you are a California resident, you waive California Civil Code Section 1542.
  19. Termination: Platinum Bid may immediately terminate this Agreement if: (a) you breach this Agreement, (b) Platinum Bid terminates or suspends its business, (c) Platinum Bid becomes subject to bankruptcy or insolvency proceeding under Federal or state statute; (d) becomes insolvent or subject to direct control by a trustee, receiver or similar authority; (e) has wound up or liquidated, voluntarily or otherwise; or (f) you are involved in conduct that Platinum Bid reasonably believes is likely to damage Platinum Bid’s Properties or goodwill.
  20. Dispute Resolution: All irresolvable, material differences or disputes which may arise between you and Platinum Bid concerning this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Grand Rapids, Michigan, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. You and Platinum Bid agree that: (a) arbitrators will be selected with expertise in the area in dispute; (b) punitive damages or other remedies not permitted under this Agreement will be allowed; (c) each party will pay an equal share of the arbitrator’s fees and expenses and bear its own attorneys’ fees, witness fees, and other costs of arbitration; and (d) the arbitration decision will be jointly-submitted for enforcement in Kent County Circuit Court, Grand Rapids, Michigan or in U.S. District Court for the Western District of Michigan, Grand Rapids, Michigan.

    Users are responsible for resolving disputes with other Users. Platinum Bid has no obligation to review or determine the merit of any complaint. Platinum Bid reserves the right to review disputes and/or complaints at its sole discretion.
  21. General
    • These Terms and Conditions constitute the entire agreement between you and Platinum Bid and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
    • Platinum Bid will not be liable in any amount to you should its Agreement performance be prevented, restricted or interfered with by circumstances or events beyond its reasonable control.
    • This Agreement will be governed by and construed under Michigan law without regard to its conflict of laws principles.
    • Platinum Bid may assign this Agreement.
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