Arizona Blowout Sale: Live Auction Featuring 400 Pallets of Overstocked Inventory & Consumer Returns

Terms

Important: a 17% Buyer’s Premium will be applied to ALL Purchases (no exceptions).
Payment is due no later than 9pm Mountain Time on Wednesday, January 28, 2015 for items purchased during the Arizona Blowout Sale.

ALL SALES ARE FINAL
See Shipping Terms for preview and pickup dates.

The Arizona Blowout Sale is a LIVE AUCTION taking place on Wednesday, January 28 at our Arizona warehouse. Warehouse address: 344 N. McKemy Ave, Chandler AZ 85226

All items will be shipped from this address.
For online bidding, the auction will also be simulcast live online.

All property is sold “AS IS, WHERE IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Fusion Surplus Solutions, Inc. may attempt to describe the merchandise in advertising, on the Internet and at the auction, but makes no representations. In no event shall Fusion Surplus Solutions, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.

Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Fusion Surplus Solutions, Inc. shall endeavor to describe in detail each item and any pertinent information about it.

Fusion Surplus Solutions, Inc. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.

Fusion Surplus Solutions, Inc. is providing Internet pre-auction absentee bidding and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Fusion Surplus Solutions, Inc. or anyone else if the Internet service fails to work correctly before or during the live auction. Fusion Surplus Solutions, Inc. will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the absentee-bidding feature and leave their maximum bid 24 hours before the auction begins. Fusion Surplus Solutions, Inc. reserves the right to withdraw or re-catalog items in this auction.

A $0.01 pre-authorization amount will be applied to Bidder’s account for each auction Bidder registered to bid. This is a pending-only charge meant to verify your credit card on file and will drop off once the auction has ended. It will not post permanently to your account. If you have any questions, please e-mail support@bidonfusion.com. If you feel this charge was mistakenly posted to your account, you must provide a bank statement showing that the charge was POSTED (not pending) to your account.

ALL SALES ARE FINAL
ONLINE BIDDING

The person posting the bids online has to be the person who has registered for the auction.
ALL SALES ARE FINAL

1. Buyer (identified below) acknowledges that s/he has conducted a thorough inspection of the merchandise being purchased hereunder. All merchandise is sold in an 'AS-IS, WHERE-IS, and AS INSPECTED' condition WITH ANY AND ALL FAULTS. The Seller (identified below) makes no warranties or guarantees, expressed or implied, as to the genuineness, authenticity or merchantability of, or defect in any item, and will not be held responsible for any discrepancies or inaccuracies in any printed materials or otherwise. No warranties are made as to the merchantability of any item or its fitness for any purpose.

2. Payment must be made by Buyer to Seller the day of sale and prior to any removal of any item purchased hereunder by cash, Visa, MasterCard, Discover, or PayPal. When paying by credit card, Buyer is waiving any and all rights to initiate a credit card charge-back against the transaction and or the Seller.

3. A BUYER'S PREMIUM OF 17% FOR ALL PURCHASES WILL BE ADDED TO YOUR INVOICE UPON CHECK OUT.

4. Applicable state sales tax will be added to all purchases. Exempt Buyers must provide a copy of their sales tax exempt certificate to the Seller at the time of purchase. Seller will retain this copy of the certificate for the sales records. Buyers unable to provide a copy of this tax-exempt certificate to Seller at the time of purchase must pay all applicable taxes and seek refunds through appropriate government agencies. Seller will not provide a tax refund.

5. Ownership title passes to Buyer upon the fall of the Auctioneers gavel and Seller's receipt of the payment referred to in Section 2 hereof, and thereafter the property is at the risk of the Buyer, and the Seller shall not be responsible for the loss or damage due to theft, fire, breakage, or any cause whatsoever, however occasioned.

6. Removed.

7. Seller shall not be responsible for non-delivery to any Buyer of any item other than to refund the sum paid on any item, should Buyer be entitled to said refund due to Seller error.

8. The Seller reserves the right to withdraw any listed item from the sale, to sell items that are not listed, to group one or more items into one, to subdivide items and to sell any/all items in bulk.

9. In the event the Buyer fails to comply with any of the terms and conditions of the sale, the Seller may collect from Buyer damages. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the terms and conditions of this sale, including, without limitations, reasonable attorneys' fees and reasonable attorneys' fees on appeal. Any merchandise remaining at the removal site after the allotted removal period will be considered a breach of contract. All rights to merchandise will be forfeited, all monies, including any Letter of Credit, will be retained by Seller and merchandise will be re-sold or otherwise immediately disposed of at Buyer's expense and Buyer shall not be entitled to any monies associated with the sale of such merchandise. Buyer will lose any right, title or interest Buyer may have acquired and the merchandise shall revert and repossess to the Seller without further notice to Buyer. Any disputes between the Buyer and the Seller must be filed and litigated in San Francisco, CA, without regard to choice of law provisions, and each party irrevocably submits to the jurisdiction of the California courts in any such action, suit or proceeding. The validity, meaning and effect of this agreement shall be determined in accordance with the laws of the State of California. In the event any action, proceeding or hearing is required to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover its costs and expenses incurred therein, including reasonable attorneys' fees and reasonable attorneys' fees on appeal.
Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be the City & County of San Francisco, California.

10. These written terms and conditions of sale supersede any other terms and conditions, either written or verbal and cannot be modified. The terms of this agreement are for the benefit of Seller and Buyer and no third party shall have any rights hereunder.

11. Buyer shall not permit any liens to stand against the Building or any property related thereto or any portion thereof for any work done in the removal. Without limiting the foregoing, Buyer shall, at its sole expense and within ten (10) days after receipt of written notice from Seller, cause any outstanding lien to be satisfied and released of record or transferred to bond in accordance with applicable law.

12. Buyer shall indemnify and hold Seller harmless from and against any and all loss, damage, liability or claims (including, without limitation, costs and expenses of litigation and reasonable attorney's fees [collectively 'Claims']) arising from or connected with this agreement, except to the extent such Claims are due to Seller's gross negligence or willful misconduct.

13. If for any reason whatsoever, Seller is unable to effect delivery of any purchase or clear title to the same, or any necessary documentation required in respect of any purchase, whether before or after delivery of such purchase, Seller's sole liability, if any, shall be the return of any monies paid on such purchase upon its return to Seller. Any purchase the subject of this paragraph shall be returned or surrendered to the Seller forthwith upon demand, such demand to be at the sole option of the Seller.

14. You are signing a written, binding contract signifying that you have read these terms and all posted terms and agree to the terms and conditions of the sale. If you do not agree or understand the terms and conditions of the sale, please return your bid card to registration. The sales invoice identifies the merchandise being sold to Buyer and the date by which such merchandise must be removed.

15. Online bidders agree during registration to a binding contract signifying that you have read these terms and all posted terms and agree to the terms and conditions of the sale. If you do not agree or understand the terms and conditions of the sale, please notify Fusion Surplus Solutions, Inc. to be removed from the auction. The sales invoice identifies the merchandise being sold to Buyer and the date by which such merchandise must be removed.