Auction Terms
This is a legal agreement between you, the user or buyer, and The SITE OWNER or Kwipit Com.
You must be at least 18 years old to bid or buy.
Kwipit.com (hereinafter referred to as Kwipit Co.) at its sole discretion, may ban from further use any buyer or seller which Kwipit Co. believes to have in any way misrepresented itself or any item selling, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Kwipit Co. 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: Kwipit Co. RESERVES THE RIGHT to charge the credit card registered with your account a 20% deposit during the auction, or 20% immediately following close of bidding of your total purchase amount. The Balance will be due according to auction terms and prior to removal of purchased item(s). Payable by: cash, credit card ( Visa, MasterCard, Discover & AMEX accepted), wire transfer, or business check via ACH Online transaction (Ezkwip.com.com, Inc. does not accept personal checks) in accordance with auction terms. All payments must be in U.S. Funds. No checks accepted from out of the United States. Kwipit Co. reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid in accordance with auction terms. We do not accept partial payments. Invoices must be paid in full.
ALL ITEMS on the auction sell subject to the Kwipit Co.’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 auction. The actual buyer’s premium in effect will be noted on the more information page. You will see this more 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 auction.
Removal and Failure to Remove. All purchases must be removed from the auction 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 Kwipit Co. 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 Kwipit Co. or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) Removal period is posted on each sale and may vary from sale to sale.
Sales Tax: All bidders will be subject to the local sales tax of auction location 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 auction terms)
Note to the buyers of titled items. Buyers will be responsible for taxes and plates at their local Secretary of State office . Titles will be given day of sale if paid by Cash, Credit Card, or Wire Transfer. Business Checks (via ACH Online transaction) will take 7 days to clear before title will be released.
Seller Bidding: The SELLER, their agent, or the Kwipit Co. 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 after the auction 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 auctioneer. BUYER also agrees that any oral representation made by the auctioneer 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 Kwipit Co, or Seller for any errors or omissions.
Posted closing times and displays of Kwipit Co.'s current time are approximate. Kwipit Co. reserves the right to close early or extend auctions 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 Time Zone as specified on the auction. 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 10 minutes of bidding inactivity. Example - An item is bid on at 7:50pm. An auction 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 auction will extend until 8:20pm. This will give bidder 19 minutes to place another bid. If no bids are placed this auction will conclude at 8:20pm. The key to your dynamic bidding feature is that the auction extends from the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.
Kwipit Co.'s Right to Terminate Purchase. If for any reason Kwipit Co. 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 Kwipit Co. may terminate the purchase/agreement, in which case Kwipit Co.'s only liability shall be the return of any monies actually paid by buyer.
Consent to Suit in Delaware. In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Delaware. Buyer also agrees that venue shall be in Kent County, Delaware and that the laws of the State of Delaware shall govern this Agreement and the parties’ transaction hereunder.
The BUYER expressly agrees to indemnify and save the Kwipit Co., 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 Kwipit Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Kwipit Co. for damages caused by or resulting from the Kwipit Co.'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 Kwipit Co., 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.
KWIPIT.com
GENERAL SALES TERMS & CONDITIONS
At Kwipit we strive to create a positive experience for all our customers and welcomes your suggestions. We value our reputation and hope you will give us the opportunity to proactively address any concerns you may have. Please do not hesitate to contact us by phone (301-328-2000), or email (support@Kwipit.com) with any questions.
Before buying specialized equipment from anyone including Kwipit we highly recommend you do all the research necessary to make sure these products are best suited for your endeavor. Many manufacturers and sites across the web provide all sorts of technical and procedure documentation to help you make sound decisions before you buy. The buyer agrees to be governed by the following. Any bidding or purchasing by buyer constitutes the reading and acceptance of these terms and conditions and takes precedence over any legal disputes.
General Terms
•The seller is Kwipit.com, a division of All Pro Manufacturing Inc,, a Delaware company. A purchase from Kwipit represents an agreement with Kwipit..
•We reserve the right to modify these terms from time to time. It is the buyer's responsibility to review all terms and conditions before purchasing.
•The buyer is responsible for obtaining all information necessary to make an educated decision regarding the purchase.
•The buyer accepts responsibility for checking applicable state and local codes and for ensuring items meet those codes before purchasing.
•The buyer will not hold Kwipit. responsible for anything not stated in the listing or eluded to in the picture, but not limited to, assumptions made by the buyer or any verbal statements.
Shipping Options, Taxes and Fees
•Shipping is available only within the contiguous United States (excludes Alaska and Hawaii) and to Canada.
•For shipments to Canada that are coordinated by Kwipit., all applicable fees (e.g., Canada customs duties, Canada taxes and customs brokerage fees) must be determined in advance and added to the order or the shipment cannot be made. For shipments to Canada that are self-brokered, the buyer must make ALL shipping arrangements and inform Kwipit. of the details.
•Standard packing charges (e.g., for wrapping, strapping to pallet) are disclosed in the listing. Additional protective packing (e.g., crating or box construction) is usually available. The buyer must request this service in advance and cover the additional packing charges.
•Handling fees for customer pickups (of used items at the Kwipit. warehouse) are disclosed in the listing.
•Only curbside delivery is offered. The seller does not offer or arrange for inside delivery.
•Liftgate services are available for an additional fee. This service must be specified during checkout.
•Residential delivery is available for an additional fee. This service must be specified during checkout.
•Insurance on shipments is not a standard service. The buyer may call to discuss options and fees.
•Signature services are not standard. The buyer may call to discuss options and fees. There is no expectation of a signed proof of delivery otherwise.
•Sales tax of 6% is charged on all items received in Maryland or picked up from our warehouse. Sales taxes and fees for other states, as charged by our suppliers, may be added to the invoice during checkout.
•Any minimum order fees charged by suppliers may be added to the invoice during checkout.
•Free shipping promotions are granted with the agreement that the merchandise will be kept. Any amount disclosed as Shipping Promotion will be considered as part of original shipping costs during a refund calculation.
•All requests for non-standard services must be made in writing to Kwipit..
Payments
•The buyer is responsible for paying for the item and for all taxes and fees mentioned above.
•All orders are on a prepaid basis. Payments will be processed immediately in full.
•Payment may be made with American Express, Visa, MasterCard and Discover. Customers may enter credit card information with confidence via our secure server. Buyer’s would enroll for accounts can choose to leave their information secured on the webserver. The site is secured through Geo Trust , SecureNet and Paypal for online payments.
•WE ACCEPT CREDIT CARDS DRAWN ONLY ON U. S. BANKS. (Some exceptions may be made for Canadian customers. Please contact us for further details.) We welcome international sales but payment will be by bank wire only on a case by case basis.
•Payment via wire transfer must be pre-approved by Kwipit Co.. The buyer must pay all fees charged by his bank so that Kwipit. receives the full payment amount (in U.S. dollars).
•Money orders and certified bank checks are accepted. However, these forms of payment slow down the order process.
Cancellation Policy
•Kwipit. retains the right to cancel any order with a full refund and will not be held liable for any other loss or damage arising from such cancellation.
•Any request for cancellation must be made in writing to Kwipit. as soon as possible. This may be by posting a request in the buyer's message area on Kwipit's web site, by sending an email from the email address registered with the seller, or by certified mail. Other types of communication (e.g., voice message, email from unverified address) may not be recognized.
•If a cancellation request is not received in a sufficient time frame for the shipment to be held by the supplier, it will be considered a request for return. (See Return Policy below.)
•If the supplier allows cancellations, the refund will be subject to a 5% cancellation fee. This fee will be waived in the following situations. ◦There was a problem caused by Kwipit., its suppliers or its vendors, such as the item being discontinued or being on back-order.
◦The customer chooses to receive a store credit good for six months. (A refund of any balance of such a store credit will be subject to the 5% cancellation fee.)
•If the supplier does not allow a cancellation (such as for a manufactured-to-order item), the cancellation request may be denied or may be subject to higher cancellation fees (usually a minimum of 25%).
•The buyer agrees to abide by Kwipit.'s decisions regarding cancellation fees.
Customer Pickups
•Customer pickup is available for some items at our Maryland or Delaware warehouses.
•Pickup times are Monday through Friday from 10 AM to 3 PM, Eastern time, excluding most holidays. Only our warehouse staff will assist with the loading of proper equipment transport vehicles for truck freight items due to safety and insurance regulations.
•For orders exceeding 10 items, a three-business day notice is required.
•Securing the load is the sole responsibility of the buyer. The seller assumes no liability or responsibility for damages as a result of loads being improperly or inadequately secured.
•Items must be picked up as soon as possible. Any item not picked up within 30 days from close of sale will be assessed a storage fee of $30. Any item not picked up within 60 days will be considered abandoned; ownership will return to the seller and all monies paid by the buyer related to the item will be forfeited.
•The seller accepts no liability for loss, theft, or damage to any item while stored in our warehouse.
Delivery & Receipt of Orders
•Orders usually ship within 1-3 business days for items weighing less than 100 lbs and shipping standard USPS or UPS shipping, and 3-7 business days for truck freight items over 100lbs after payment has been processed unless otherwise noted in the item's listing. Due to occasional stock issues or custom-made merchandise, special orders may potentially take 4-6 weeks to ship. There is NO GUARANTEE OF SHIPPING TIMES. If you have questions about the status of your order, check your customer area on our web site or contact us by phone or email.
•We may request additional confirmation (such as for shipping address or custom-made equipment) that may delay order processing.
•The buyer pays all costs relating to the shipment, eluding charges by the shipping company that were not paid during check out. These might include, but are not limited to: additional charges due to inaccurate information provided to Kwipit. relating to the delivery, charges due to failed delivery attempt(s) by the shipping company, etc.
•Any shipment that is refused or cannot be delivered and is returned by the carrier will be considered an unauthorized return.
•The buyer is responsible for inspecting the shipment during delivery by the shipping company for damages, both obvious and hidden. The buyer will accept the delivery and note on the delivery receipt any damages or concerns. Failure to notate any defects could result in a significant reduction in the carrier's liability during damage claims.
•In most cases the buyer is responsible for filing any loss or damage claims in the manner and time frame directed by the carrier. In certain cases where additional insurance has been obtained by Kwipit we may take over and process the claim and handle the purchase resolution with the buyer , Kwipit and the carrier who caused the loss. Kwipit will willingly assist the buyer with the handling of the any damaged claims based on the buyer's needs and requests.
•The buyer is responsible for any concerns, issues, or charges for these shipments and agrees to hold Kwipit., its suppliers, and its vendors harmless.
Warranties & Conditions of Merchandise
•The seller agrees to present all items as accurately as possible based on the information available to us and on our knowledge at time of posting. There is no guarantee regarding accuracy of this information.
•All USED merchandise is sold 'AS IS / WHERE IS' and 'WITH ALL FAULTS'. There is no guarantee that equipment sold as USED will arrive in clean-as-new condition or in working order.
•SPECIAL NOTE REGARDING REFRIGERATION EQUIPMENT: Because the solder holding refrigeration lines together becomes brittle as it ages, vibrations during shipping could cause it to crack and could lead to a refrigerant leak. Occasionally an item we described as cooling may no longer cool after shipping. The buyer's cost to repair and recharge the system should be less than $100.00.
•Any concerns about NEW merchandise will be limited to what is covered in the particular manufacturer's warranty. The buyer should be aware that a commercial equipment warranty might be voided if the equipment is placed in a residential setting. The buyer will hold Kwipit Co. harmless for all matters regarding the item, including, but not limited to, any matters regarding the manufacturer's performance per the warranty.
•Merchandise must be assembled, installed, and adjusted by knowledgeable, licensed, authorized and experienced personnel. Improper installations may cause malfunction and may void any warranty.
•There are NO WARRANTIES of either merchantability or fitness for a particular use.
Used Equipment Limited Warranty
•There are NO WARRANTIES of either merchantability or fitness for a particular use.
We stand behind the equipment we sell! Most used equipment items we sell feature a 30 day limited warranty directly from EZ Kwip. All service calls and service agencies utilized must be approved by eZ Kwip.com before the service call takes place. We reserve the right to issue an RMA and refund the cost of your equipment purchase in lieu of repairing the item. Important Exclusions: "Demo units" carry the original manufacturer's warranty (unless stated otherwise) and are subject to the terms and conditions of that warranty. Items sold for "parts only" or "as is" or are notated as "no warranty" do not have any warranty coverage. If you have any questions, please contact us and we'll be happy to provide a detailed written copy of our used equipment limited warranty terms and conditions and answer any questions you may have prior to your purchase
Reporting of Problems
•The buyer must notify Kwipit. of any refused shipments.
•Problems or concerns must be reported within 15 days of receipt of the item.
•Problems or concerns must be reported in writing to Kwipit.. This may be by posting a request in the buyer's message area on Kwipit's web site, by sending an email from the email address registered with the seller, or by certified mail.
•Any reports of malfunction must include an inspection report from a knowledgeable, licensed, authorized, experienced technician detailing his findings regarding the issue.
•The buyer agrees to cooperate with problem identification and correction efforts.
•The buyer agrees to abide by Kwipit.'s decisions regarding problem resolution.
Return Policy
•Return requests must be made within 15 days of receipt of the item.
•Not all items will qualify for returns. Buyer's remorse is not grounds for a return. Approval of return requests is at the sole discretion of Kwipit..
•A standard restock fee of 25% will be applied to returns. This may be modified at the discretion of Kwipit..
•The buyer must reach a return agreement with Kwipit. in writing and obtain a Return Authorization number prior to returning any items. There is no guarantee that a credit will be made for an unauthorized return.
•Merchandise must be returned complete with original packaging, accessories and instructions, and wrapped securely to protect from damage in shipping.
•Refused and returned goods will be inspected to assess condition and re-sale ability.
Refund Policy
•The buyer will be responsible for the following costs unless otherwise stated in writing by Kwipit.. ◦Original packing and shipping costs
◦Any accumulated storage fees from the carrier
◦Return shipping costs
◦Restocking fees
◦Cancellation fees
◦Repair charges for any damages incurred to product
◦Charges disclosed as non-refundable
•If the seller agrees there is a misrepresentation, the seller will refund only the purchase price of the merchandise upon its return to the specified return address.
•Kwipit. will deduct all applicable charges before issuing a refund.
•The buyer's account will be adjusted in the amount stated by Kwipit. once all procedures have been followed.
•If the buyer fails to follow these terms and conditions, there will be no credit.
•The buyer must recognize that complexity of returns and cancellations may cause a refund to take up to two billing cycles. Kwipit.'s customer service and accounting staff will work hard to complete the process as quickly as possible.
EBAY Purchases
•For any items sold through eBay, eBay's rules and policies will govern if there is a conflict with any of the parts of these terms and conditions.
•All concerns should be addressed before bidding. Know the packing and shipping charges!
•Full payment is requested within 4 days of close of auction. After 8 days, the item will automatically be cancelled and scheduled for another auction. We will ask eBay for a refund of the fees we paid for the auction.
Last Updated: 1/18/2018
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