PLEASE NOTE IMPORTANT CHANGE EFFECTIVE mARCH 1, 2021
Terms & Conditions for Reposell.com
This is a legal agreement between you, the user or buyer, and RepoSell.com (a part of Fort Myers Auction Company, LLC)
You must be at least 18 years old to bid, and 21 years old to bid on hand guns.
RepoSell.com at its sole discretion, may ban from further use any buyer or seller which RepoSell.com believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper behavior as determined solely by RepoSell.com Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
PAYMENT/NON REFUNDABLE DEPOSIT: RepoSell.com RESERVES THE RIGHT to charge the credit card registered with your account a 20% deposit during the sale, or 20% immediately following close of bidding of your total purchase amount. The Balance will be due within five business days and prior to removal of purchased item(s), payable by cashier’s check, personal or business check , cash, credit card, or wire transfer. Note that the purchase price is the sum of the bid price, buyer’s premium, buyer's fee, and sales tax if applicable. All payments must be in U.S. Funds. RepoSell.com reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid by you within 7 days. We do not accept partial payments. Invoices must be paid in full.
ALL ITEMS on the sale sell subject to the RepoSell.com’s acceptance or rejection of the high bid.
NOTICE: BUYER’S PREMIUM: A buyer’s premium will be added to all purchases. This buyer’s premium varies, depending on the sale. The actual buyer’s premium in effect will be noted on the additional information page. You will see this additional information page when you click on the button to view the items that will be selling. You may also call us to find out the exact amount of the buyer’s premium for any sale. Visa, MasterCard, Discover and American Express cards are accepted.
Removal and Failure to Remove. All purchases must be removed from the storage site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, the RepoSell.com shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers sole risk and expense (storage costs will be charged - per day - per item - other costs additional), without waiving any rights that RepoSell.com or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) If the purchases have not been removed within the time period announced, the RepoSell.com reserves the right to charge the bidders credit card on file for the full invoice amount or any portion of the invoice at the RepoSell.com’ discretion.
Sales Tax: All bidders will be subject to the Florida 6% sales tax unless you provide our office with the documentation we require for exemption. NOTICE: Out-of-state buyers and out-of-country buyers must pay sales tax on all items including titled items. (Unless stated differently in the sale terms) Buyers are responsible for any additional county or local taxes.
Note to the buyers of titled items: If a titled vehicle legally requires brokerage, A $95.00 broker fee will be charged by the broker for all vehicles which we need to broker. In addition a $15.00 fee for title transfer will be charged. All wheeled vehicles must be transported under the power of a tow vehicle or trailer. Unless proof of insurance is provided, a vehicle may not be driven off the lot. The appropriate fees will be added to your invoice. Non-Florida Residents will pay the $95.00 Broker Fee and necessary fees according to their state rules for titled vehicles. Please note that buyers will need to sign the appropriate paperwork required by the state for title transfers. Title processing may take up to 15 business days. Then will take 4-10 business days to receive your title from the State.
Seller Bidding: The SELLER, their agent, or the RepoSell.com RESERVE THE RIGHT TO BID on the seller's item in order to protect their investment.
Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn during or after the sale for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the management of RepoSell. BUYER also agrees that any oral representation made by RepoSell shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by RepoSell, or Seller for any errors or omissions.
Posted closing times and displays of RepoSell.com's current time are approximate. RepoSell.com reserves the right to close early or extend closing times at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Eastern Time Zone where the sale 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 posted sale closing until there is 10 minutes of bidding inactivity. Example - An item is bid on at 7:50pm. An sale closing is scheduled to close at 8:00pm. When this bid is placed the ending time will automatically extend to 8:10pm. When another bid is place at 8:01 the closing time will extend until 8:20pm. This will give bidder 19 minutes to place another bid. If no bids are placed this salen will conclude at 8:20pm. The key to your dynamic bidding feature is that the closing time extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.
RepoSell.com's Right to Terminate Purchase. If for any reason RepoSell.com 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, Buyer agrees that the RepoSell.com may terminate the purchase/agreement, in which case RepoSell.com's only liability shall be the return of any monies actually paid by buyer.
Consent to Suit in Michigan. In the event of legal proceedings arising from this contract or from the sale in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Kent County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties’ transaction hereunder.
The BUYER expressly agrees to indemnify and save the RepoSell.com, Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the RepoSell.com, or anyone acting in his/her behalf in connection with or arising out of the sale, except that the BUYER shall not be responsible to the RepoSell.com for damages caused by or resulting from the RepoSell.com's sole negligence.
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
DISCLAIMER OF WARRANTY AND RELEASE
You expressly agree that use of this Web site is at your sole risk. Neither the RepoSell.com, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice.
Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES
YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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