Estate liquidation with vintage items

Terms

Local Liquidators LLC General Terms and Conditions
Last Updated: 5/20/22

LocalLiquidators.com and its related sites, applications, mobile applications, domain names, softwares and tools (collectively, the “Site” or “Sites”) are owned and operated by Local Liquidators LLC and its subsidiaries dba Local Liquidators (collectively, “Local Liquidators ,” “us” or “we”). LocalLiquidators.com is a listing, information and auction website that brings Buyers and Sellers together to offer, sell, bid on, and buy assets throughout the United States and abroad. Our Site is a core component of the Services that we provide. These Terms and Conditions (collectively, “Terms and Conditions”, “Terms of Use”, “Terms”) explain the terms by which you may use the Site or related software, act as a buyer, act as a seller or use any services that Local Liquidators Provides (collectively, the "Service" or “Services”). These Terms apply to all Buyers, Sellers, visitors, users and others who register for or otherwise access or use the Sites and Services (collectively, “Users”, “you”). Local Liquidators acts as a conduit and facilitator of transactions through the Sites and all Transactions are concluded between buyers and sellers, not with Local Liquidators.

These Terms and Conditions are effective from the Last Updated date first set forth above. Please read these Terms carefully. By accessing or using Our Site or Services, you agree to be legally bound by these Terms and all terms incorporated by reference and you signify that you are at least 18 years of age and you are competent to enter into this contract. If you are using the Site or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that you and such entity will be responsible for violation of these Terms. We recommend that you print a copy of these Terms for your records. If you do not agree with these Terms, you must stop using the Sites and Services.

We may from time to time change these Terms and will post a revised copy on this page. We encourage you to check regularly for any updates. We will notify you via email or on the Sites or Services if we make any material changes to these Terms. Otherwise, your continued use of the Sites or Services following such changes will constitute your acceptance of the new Terms.

Services-

Auction Management Services- Local Liquidators may act as an agent for Sellers to manage the sale of Seller’s Assets using our Sites and Services pursuant to a written or oral Agreement between Local Liquidators and Seller (collectively “Auction Manager”) This includes but is not limited to inventory management, asset lotting and merchandising, marketing and promotional services, logistic services such as asset transportation and storage, fulfillment services, and settlement services such as collections, disbursements, transaction tracking and reporting (collectively “Auction Management Services”). Local Liquidators is only required to provide those services that are agreed to by agreement with the seller.
Guidance- Local Liquidators provides guidance to Users as part of our Services, such as values, reserves, shipping, inventories, grouping, lotting, photographing, listing order, listing duration and related services. Such guidance is solely for informational purposes. A User may decide to follow guidance, or a User may not. Local Liquidators may help facilitate the resolution of disputes through various methods and provide guidance to either buyer or seller or both.
Software as a Service for Independent Sellers- Upon agreement and approval by us in our sole discretion, we may enable a User to list and sell Assets themselves using our Sites and Services with limited use of our Auction Management Services (collectively “Independent Seller”, “Seller Managed”). When participating in a sale being managed by an Independent Seller, Users must agree and adhere to any additional Terms the Independent Seller may have for that sale.
Valuations and Appraisals- Local Liquidators may provide valuation, appraisal or related information or services to Users either for free or for a charge. Any valuations, appraisals, or suggestions of value are purely opinions of Local Liquidators and are not to be relied on for any purpose other than information of opinion.
Marketing- Local Liquidators may provide marketing, advertising or promotional services to any user, listing, auction or site either at our own discretion or by direction and agreement from User or other authorized entity. Local Liquidators can not or does not warrant or guarantee the effectiveness or benefit of our marketing services. By being a User of our Sites and Services, you agree to allow Local Liquidators to use any photos, descriptions or other information, whether provided by Us or You, in any manner we see fit.
Labor- Local Liquidators may provide labor services such as inventory management, merchandising, cleaning, grouping, lotting, describing, photographing, loading, removing, transporting, storing and other related services either at our own discretion or by direction and agreement from User or other authorized entity. Local Liquidators can not or does not warrant or guarantee the effectiveness or benefit of our labor services. By being a User of our Sites and Services, you agree to indemnify and hold harmless Local Liquidators from any damages or losses due to our labor services whether requested or not.
Transaction Management - Local Liquidators may provide transaction management services such as invoicing, fee calculations, payment acceptance and processing, collections, disbursements, settlements, reporting and other related services. By being a User of our Sites and Services, you agree that Local Liquidators has full authority to oversee and manage any and all transactions either on or derived from our Site and Services.
Commission, Fees and Costs- Local Liquidators may charge Users for the use of our Site and Services including but not limited to buyer’s premium, commissions, listing fees, payment processing fees, marketing fees, labor fees, transportation and rigging costs, third party costs, shipping fees, taxes, removal fees, deposits, relisting fees and other charged fees and costs (collectively “Fees”). The amount of the fee may be calculated by percentage, flat cost or a combination of both. Users are responsible and liable for payment of any fees charged. Users are encouraged to contact Local Liquidators for clarification of any fees or amounts prior to using our Site and Services. Failure to do so will not excuse or dismiss the requirement of payment of fees by User.
Site Use-

Access- You may use Local Liquidators Sites and Services only if you can form a binding contract with us, in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of our Sites or Services by anyone under the age of majority in their state of residence is strictly prohibited. Use of our Sites and Services are not allowed to any users we have previously black listed or banned. We may suspend or terminate your access to our Sites and Services at any time, for any reason (such as your material breach of these Terms or for risk assessment purposes) or for no reason. We reserve the right to limit your use of our Sites or Services or terminate your account immediately, without notice or refund of any amounts that you may have paid to us.
Restrictions of Use- While using the Local Liquidators Sites and Services, You agree that you will not:

Use the Sites or Services if you are not able to form a legally binding contract or if you are under the age of eighteen (18) years old;
Use the Sites or the Services if you have been previously Black Listed or banned from the Sites or Services;
Directly or indirectly manipulate the price of any item regardless of ownership or interfere with other Seller’s Listings;
Circumvent or manipulate our fee structure, the billing process, any fees owed to Local Liquidators, or any technical measures we use to provide the Sites or Services;
Post, list or upload content or items of inappropriate nature or in inappropriate categories or areas on the Sites;
Fail to deliver payment for items purchased by you and associated fees or shipping costs;
Fail to deliver, transfer title or transfer ownership of items sold by you;
Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
Transfer or share your account and bidder number with a third party without our consent;
Create accounts that misrepresent your identity or use the personal information of others;
Use any robot, spider, scraper, data mining tools, data gathering and extraction tools automated means to access or use the Sites or Services;
Access data not intended for you or log into a server or account which you are not authorized to access;
Use the Sites or Services in any manner that would interfere with, disrupt or inhibit other users from fully enjoying the Sites or Services or that could damage, disable or impair the functionality of the Sites or Services or otherwise interfere with the working of the Sites or Services, or impose an unreasonable or disproportionately large load on our infrastructure;
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Conduct fraudulent activities;
Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to Local Liquidators. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Local Liquidators or someone else;
Use the Sites and Services to compete with Local Liquidators business, directly or indirectly, in Local Liquidators sole discretion;
Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Sites and Services or post content that does not belong to you;
Harvest or otherwise collect information about Users without their consent;
Bid on any items that may be sold only to persons at least twenty-one (21) years old if you are under the age of twenty-one (21) years old; or
Engage in shill bidding, (i) which is the act of bidding on your own Assets, either directly or indirectly, in an effort to artificially raise the price at which your Assets will eventually sell; (ii) which includes, but is not limited to, criminal or civil violations of applicable law as well as knowingly directing or allowing a third party to perform the artificial bidding against other legitimate bidders in the auction or sales event; and (iii) provided, however, notwithstanding the foregoing and where permitted by law, Local Liquidators may enter bids on a Seller’s behalf using one or more bidder numbers up to the reserve price on any Assets in any auction conducted with reserve.
Intellectual Property Rights- You acknowledge and agree that the Sites and Services and all materials therein or transferred thereby, including, without limitation, Auction Data and all other images, descriptions, videos, audio, and other content and information displayed or made available on the Sites and Services, and all software, algorithms, code and technology underlying the Sites and Services, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors’ as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this Agreement is strictly prohibited. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items. You acknowledge that our Intellectual Property, Sites and Services are valuable commercial products, the development of which has involved the expenditure of substantial time and money.

We welcome comments and feedback regarding our Sites and Services. If you send us comments, questions, suggestions, or ideas relating to our Sites and Services, you agree that such content is not given in confidence, that we are not required to keep such content secret, and that we are not required to respond. Please be advised that if you send us any ideas, questions, comments, suggestions, plans, notes, drawings, original or creative materials or other information or materials (collectively "Ideas"), we shall (i) own, exclusively, all now known or later discovered rights to the Ideas and any creations, inventions, or derivative works resulting from the Ideas; (ii) not be subject to any obligations of confidentiality and shall not be liable for any use or disclosure of any Ideas; and (iii) be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Uploading or Posting Content to Our Sites or Services- We will collect data, content and information that you, as a visitor, Seller or Bidder, provide us or that is collected by us as you use our Sites or Services ("User Content"). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right and license to use, store, copy, distribute, and make available to third-parties all User Content. We are not responsible for any loss or damage to your User Content while it is in our possession, and you should separately maintain copies of the User Content you provide to us. We have the right to disclose your identity to any third party who is claiming that any content submitted or uploaded by you to our Sites or Services constitutes a violation of their intellectual property rights, or of their right to privacy. At any time, we have the right to remove any User Content you submit to our Sites or Services if, in our opinion, your post does not comply with these Terms.
Auction Data- As part of our Sites and Services, we may provide access to data, information and content relating to items available for auction, including without limitation current and past item listings, descriptions, bids, selling prices, values, auction details, auction statistics, current and past auction data, and other related information, materials and content (“Auction Data”). We own all rights in, title and interests in, or have a valid license in, all Auction Data.
Availability of Sites- Although considerable effort is expended to make our Sites and Services accessible and available around the clock, we do not warrant these Sites and Services to be accessible, available and error free at all times. You agree that Local Liquidators will not be responsible for temporary interruptions in service due to maintenance, website changes, failures, technical glitches, bugs, or server issues nor shall we be liable for interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, and labor disputes. You also agree and grant Local Liquidators full authority to oversee and remedy any problems or issues that may result from the interruption.
Communication, Electronic and Otherwise- For your convenience, Local Liquidators provides certain email, push and SMS communications regarding the status of ongoing auctions, listings and bids. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve you from your contractual obligations as the winning bidder. By using the Local Liquidators Sites and Services, you grant us permission to contact you via email, push and SMS communications, social media, mail and other means relating to our Sites and Services.

Auctions- Local Liquidators and its Sites and Services provide a range of different types and styles of auctions and sales including but not limited to online only, live or in person only, simulcast, closed or open bidding, tag sales, private treaty sales, buyouts, peer to peer auctions and sales, or classified listings (collectively “Sales”, “Sale”, or “Auction”).

Licensing- Seller acknowledges and agrees that Seller is licensed under all applicable federal, state, and local laws and regulations to conduct the activity described herein, including but not limited to acting as a Seller. Each Seller expressly represents that Seller is presently in full compliance with and shall continue to comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations relating to the licensing, distribution, and sale of any products Seller promotes or sells through our Sites and Services.
Listings-

Stock Photos- Not every item listed can be photographed in a way that accurately represents the item being listed. At our discretion, we may use Stock Photos of an item to show how it looks assembled, out of the packaging or some other reason. Any use of Stock Photos on our Sites or Services are for reference only and are not to be misconstrued as the actual item being bid on and sold.
Retail Values- We may post suggested retail values on listings as helpful information to Users. Any retail values posted, communicated, or suggested on or through our Sites and Services are of opinion and are for informational purposes only and are not to be taken or misconstrued as the actual value.
Conditions- Item Listings will not list every flaw associated with each item as these are to be expected. In the case of obvious flaws (chips, cracks, significant damage, etc.), if Local Liquidators or the Seller is aware of a fault, it will endeavor to list the fault within the description. Local Liquidators or the Seller will provide descriptions based on its assessment of an item. However, Buyers should not assume that the assessment of condition will be the same as your assessment. It is the Buyer’s responsibility to read and review all descriptions and images of an item, preview an item if available, or ask questions prior to bidding. Buyer acknowledges that any information related to conditions posted or communicated through our Sites and Services is for informational purposes only and cannot be relied upon.
Warranties and Guarantees- We provide certain levels of Warranties and Guarantees on most items listed on our Sites and Services. These include but are not limited to a Two-Day Guarantee, On Premise Guarantee, Untested, or As-Is (collectively “Guarantee” or “Guarantees”). The Guarantees are listed below:

2 Day Guarantee- All Items sold under the 2 Day Guarantee are guaranteed for functionality only, which means we guarantee this item functions as intended. Winning Bidder will have two days to inspect, put together, assemble, test and if need be, return the item. We DO NOT guarantee the cosmetic condition, looks, accessories, packaging, completeness or how well it functions, only that it functions as intended. If it is found that this item does not function as intended, please return the item to the location it was picked up from within two days from the time of pickup. On the third day following item pickup, this item becomes as-is and no refunds will be given. Local Liquidators is not responsible for any damage or injury caused by this item. We recommend previewing the item prior to bidding, and if you are the winning bidder, testing the item when you pick it up, prior to leaving the facility.
On Premise Guarantee- All items sold under the On Premise Guarantee at auction are guaranteed for their functionality only. We DO NOT guarantee the cosmetic condition, looks, accessories, packaging, completeness or how well it functions, only that it functions as intended. This merchandise must be inspected prior to leaving the pickup location. Once the merchandise has left the premises, this item becomes as-is and no refunds will be given. Local Liquidators is not responsible for any damage or injury caused by this item. We recommend previewing the item prior to bidding.
Untested- All items sold as Untested are sold AS-IS. Due to the nature of the item being sold, we are unable to test the functionality of the item and are therefore selling it AS-IS. Local Liquidators is not responsible for any damage or injury caused by this item. We recommend previewing the item prior to bidding.
AS-IS- This item is being sold in AS-IS condition. We are unable to guarantee this item's working ability, or this item has a defect of some kind. Some parts or accessories may be missing that affect its functionality. In addition, this item has cosmetic or general condition issues. Repairs may be needed. There will be no refunds, chargebacks, or credit issued for this item after auction. Local Liquidators is not responsible for any damage or injury caused by this item. We recommend previewing the item prior to bidding.
Schedule- Most Auctions conducted through our Sites and Services have four primary parts; processing, online bidding, preview, and pick up. These parts have a starting date and time and an end date and time for online bidding as well as specific dates and times for processing, preview and pick up if applicable.

Auction Dates and Times- Users must agree and adhere to the dates and times posted for each specific auction or item. If you cannot adhere to these dates and times, please do not bid or participate in the sale. You may contact Local Liquidators and request special arrangements in regard to these dates and times, however, we are not required to oblige your request. If you have any questions or concerns regarding an auction or item’s listed dates and times, please contact Local Liquidators for clarification prior to bidding. No exceptions to these dates and times will be granted without prior consent.
Soft Closing of Item Listings- At the scheduled date and time of an auction closing, the first lot or item in the sale will attempt to close with the remainder of the lots or items scheduled to close at predetermined intervals such as one lot every 30 seconds or one lot every 5 minutes. All items whether listed in an auction with other items or listed alone as a lot, may be subject to our extended bidding feature which adds additional time after a bid is placed within the final minutes. For example, if an item receives a bid with less than 3 minutes remaining until closing, the timer will reset back to 3 minutes left on the clock to give the other bidder a chance to counterbid. This process will continue until there are no bids placed in the final 3 minutes, at which time the item will close. The time interval settings are at the discretion of Local Liquidators.
Extension or Rescheduling of Auctions- Auctions in general have many important requirements that need to be met in order to have a successful sale for both the Buyer and Seller. This includes but is not limited to availability of personnel, access to facility, availability of third parties, or non-business days including holidays and weekends. Local Liquidators reserves the right to extend or reschedule any auctions, sale, or items as necessary to facilitate all requirements needed.
Cancelation of an Auction- Auction Managers and Sellers work diligently to fulfill all necessary requirements to have a successful sale prior to opening bidding online. However, because we are bringing Buyers and Sellers together to conduct a sale, certain aspects of the Sale are out of our control. Because of this, Local Liquidators reserve the right to cancel any Auction, Sale or Item at any time before or after the Item has sold. You agree that Local Liquidators will not be responsible for the cancellation of an Auction, Sale or Item due to legal issues, access issues, title issues, Seller disputes, breach of contract, theft or any other reason nor shall we be liable for canceling an Auction or Item due to failures beyond our control, including but not limited to destruction of property, forces of nature, and labor disputes.
Auction Manager Rights- Local Liquidators may act as an agent for Sellers to manage the sale of Seller’s Assets using our Sites and Services pursuant to a written or oral Agreement between Local Liquidators and Seller, with Local Liquidators acting as Auction Manager (collectively “Auction Manager”). As Auction Manager, we reserve the following rights and you as a User, grant us the following rights:

Auction Manager may Bid- As Auction Manager, if we have an interest in an offered Item or lot other than any commissions, including risk of removal, Seller's objection to selling an Item or lot for a particular price, or any other interest, Local Liquidators acting as Auction Manager may bid using one or more "house" bidder numbers to protect such interest.
Bid Acceptance, Retraction and Cancellation- The Auction Manager has the ultimate authority to accept, retract or cancel any bid at any time for any reason. You agree that this authority is a requirement to facilitate and mediate the sale process between Buyers and Sellers, and to operate our Sites and Services properly and successfully.
Auction Scheduling, Postponement and Cancellation- Auction Manager has full authority to schedule, reschedule, postpone, or cancel an auction, sale, lot or item for any reason or for no reason at all. You agree that this authority is a requirement to facilitate and mediate the sale process between Buyers and Sellers and to operate our Sites and Services properly and successfully.
Dispute Resolution- The Auction Manager will have full authority over dispute resolutions between Users and the Auction Manager’s resolution will be binding on all parties. You agree that this authority is a requirement to facilitate and mediate the sale process between Buyers and Sellers and to operate our Sites and Services properly and successfully.
Reserves-

Notice of Reserves- Pursuant to UCC 2-328 and applicable state law, this is a reserve auction. The reserve price for most items is the starting bid price. If the reserve price is greater than the starting bid, Local Liquidators and its affiliates, if necessary, may bid on behalf of the seller, using one or more bidder numbers, up to the reserve price. If we have an interest in an offered lot other than our commissions, we may bid in the same manner therefore to protect such interest. As a bidder, It is your responsibility to stop bidding when you have reached the limit you are willing to pay for a particular lot. For more information about Local Liquidators reserve policy, visit our Reserves Page by Clicking Here.

Bidders-

Registration and Account- Users of our Sites and Services must register for an Account and verify their identity. To qualify for an Account, Users must be able to form a legally binding contract, be at least or above the age of eighteen (18) years old or be at least or above the age of majority in their state of residence. Users agree to keep their identification and password confidential, and that the User is solely responsible for any activity generated utilizing their account.

Bidder Information- User represents and guarantees that all information supplied to us is accurate. You may not use any alias or other means to mask your identity. By creating an account and using our Sites and Services to bid on Items, you grant us permission to share your information with Sellers, including, without limitation, your contact information (e.g., name, address, telephone number, email address, etc.) and other information that you provide to us EXCLUDING payment information and passwords.
Payment Method on File- Users must keep a valid and active credit card on file at all times in order to keep their account in good standing and open. By providing your credit card information to us, you irrevocably authorize us to charge your credit card on file for the following: to verify your identity and information provided by authorizing the credit card for $0.00 prior to bidding, to charge or hold any deposits required if applicable, to automatically pay for any invoices totaling $1,000 or under, and to charge any other fees associated with your account. If your invoice is over $1,000, we will charge 10% of the invoice total on your credit card as a deposit and you will be required to pay the balance by cash, wire transfer, ACH, bank deposit or Zelle no later than the next business day following the auction end.
Verification of Identity- In addition to using your credit card on file to verify your identity prior to bidding, Users will be required to show a photo ID at pick up or preview to verify you are the account holder or an authorized user on the account. If a User is unable to verify their identity, we reserve the right to hold any merchandise or payment until the User can verify their identity.
Conduct- By having an active account in good standing, you agree to conduct yourself in a manner that does not interfere with or prohibit the use of our Sites and Services to other Users. We reserve the right to limit, suspend or cancel Service to any User whose conduct interferes with any employee, affiliate, independent seller, or other User using our Sites and Services at our discretion.
Account Suspension- Users may have their account suspended for reasons including, but not limited to, nonpayment, non-pickup, missing or incomplete account information, invalid payment method on file, conduct, transaction chargeback or payment dispute. Once the issue is remedied, we may or may not restore your account and the final decision whether to do so will rest with us. Users may request that we temporarily suspend their account to limit the amount they spend or for some other reason. If an account is suspended at the request of the User, User may have the account turned back on at any time if the account is in good standing.
Account Cancelation and Closure- If Users are abusing our Sites or Services in any way, we may, in our sole discretion terminate your User account(s) and access to our Sites and Services, terminate or cancel any bids you may have, terminate or cancel any listings or auctions you may have, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Site and Services. We reserve the right, in our sole discretion, to limit the number of accounts per User to one (1) and we reserve the right to cancel duplicate accounts for a User or accounts by an affiliate. Additionally, we reserve the right to refuse or terminate all or part of our Sites or Services to anyone for any reason at our discretion.
Bidding

Placing or Submitting a Bid- All bids must be made through our Sites online by logging into your account and agreeing to the Auction Details for the sale or item and these General Terms and Conditions. We reserve the right to accept a bid through verbal or telephonic communication at our discretion. Placing a bid in an Auction is a legally binding obligation.
Acceptance of a Bid- All bids are subject to confirmation by Local Liquidators and/or the Seller, meaning that the Winning Bidder's purchase of the Item(s) is subject to, and conditioned upon, Local Liquidators and/or Seller's approval of the purchase and sale. If we and/or the Seller choose not to approve the purchase and sale of the Item(s), we will refund any deposits or payments back to the Winning Bidder.
Max Bids- If you place a bid for more than the minimum bid required you will get a max bid that the system will use to bid for you against other bidders, up to the amount you enter. So if you enter a bid of $610.00 for this item, the system will place bids on your behalf in response to bids from other users until someone bids more than $610.00. Only Local Liquidators Employees or its Affiliates have access to view your max bid amount.
Retracting a bid by Bidder- Bidders may request to retract a bid prior to the close of the auction. The bid retraction request must be communicated to Local Liquidators with enough time to remove the bid before the sale closes. If the request is not made with enough time for Local Liquidators to retract the bid before the time runs out, the request is considered to have been made after the close of the auction and therefore declined.
Winning Bids- You expressly agree that if your bid is the winning bid, you will pay for your item, plus buyer’s premium, tax and any shipping fees or other fees that may be applicable. It is your responsibility to read the full sale details and item listing and to understand the payment, pickup and shipping options and costs for each item before you place your bid. All bids are shown in US dollars and all buyer’s premiums, taxes, shipping, and other charges are additional.
Preview- If an auction or item has an available preview, you should inspect the item or lot prior to bidding. Items offered for sale may be used and may contain flaws and defects. If you bid without having previewed or inspected the item or lots, you do so at your own risk. You or your agents are responsible for final verification of the item or lot at the time of removal.

Due Diligence- It is the User’s responsibility to conduct their own due diligence and investigate all matters relating to each item or lot that the User is interested in bidding on and/or purchasing, including, without limitation, models, features, sizes, materials, weights, physical condition and attributes, brands, trademarks, legal matters, environmental matters, economic matters, logistical matters, encumbrances, and all other aspects. Users must coordinate any such preview and inspection with Seller or with the Auction Manager. We may be unable to provide physical access for preview and/or inspections on certain auctions or items and Users must submit bids accordingly at their own risk. You agree that all bids placed are solely based on your independent due diligence and not based on information received from us or a third party.
Payments

Invoice Payments- For a User to make payment in full, the User must pay the winning bid amount, any applicable taxes, Buyer’s Premium, shipping, and any additional fees as described in the Listing or amounts otherwise owed by Buyer. If your invoice is under $1,000, Local Liquidators will charge the credit card on file for the total of the invoice. If your invoice is over $1,000, Local Liquidators will charge a nonrefundable deposit of 10% to your card on file and you must pay the remainder of the invoice by cash, wire transfer, ACH, bank deposit or Zelle no later than the next business day following the auction end.
Tax- Sales are subject to appropriate state sales and use tax laws, including any state sales tax laws applicable to Seller. Because buyer’s premium is a percentage of the sale price, it is considered part of the sale price and therefore taxable. Tax will be calculated by adding the winning bid price and the buyer’s premium together and then multiplying by the tax rate. Each User acknowledges and agrees that we are providing a Service in the calculation, reporting and if necessary, remittance of sales or use taxes for transactions that arise in connection with Buyer’s and Seller’s use of our Sites and Services, and ultimately, Buyer remains liable for payment of any sales or use tax liability and Seller remains liable for remittance unless otherwise agreed to between us and the Seller.

Tax Exempt- Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon acceptance and validation of such information by us, your future purchases will not be taxed, if you are still eligible for tax exemption. You may be required to update certificates on file periodically as necessary. Local Liquidators requires a sales tax exemption certificate for each state in which an exemption is claimed. We are not obligated to refund sales tax due to late submission of sales tax exemption documentation.
Buyer’s Premium and Buyer’s Fees- In addition to the final bid price of Listed Item(s), Local Liquidators may charge a buyer's premium or buyer’s fee which is an additional amount that a winning bidder is required to pay above the auction price. These fees are set for a specific auction, item/lot or both and are subject to change. A Buyer’s Premium is typically expressed as a percentage of the sale price and a Buyer’s Fee is typically expressed as a flat fee. Both the buyer’s premium and buyer’s fees are to compensate Local Liquidators for providing Users access and use of our Sites and Services.
Shipping- If a specific item or lot states “Shipping is Available” or “Shipping Only” and you elect to have your item shipped, Local Liquidators or the Seller, whoever is in possession, will contact you after the sale ends to make shipping arrangements. All items or lots that are shipped will be mailed through USPS standard mail, flat rate mail, or through a third-party carrier such as UPS or FedEx. Buyer is responsible to pay for all shipping, handling, and insurance costs prior to shipping.
Deposits- For most auctions, items and lots, no deposit is required prior to placing a bid. However, for more expensive assets like vehicles, a deposit may be required before placing your first bid. This deposit will be applied to your invoice if you are the winning bidder on a lot. If the deposit is more than your invoice total, the difference will be refunded back to you. If your bids are unsuccessful, your entire deposit will be refunded back to you. All deposit refunds will be processed the following business day after the auction ends. All invoices over $1,000 will be charged a nonrefundable deposit of 10% to the card on file and Users must pay the remainder of the invoice by cash, wire transfer, ACH, bank deposit or Zelle no later than the next business day following the auction close. If payment in full is not made by the next business day following the auction close, then the 10% deposit will be applied to the 25% relisting fee.
Defaults- If an invoice is not paid in full by the next business day following an auction or item close, then the bidder will be in Default. If you become in default, Local Liquidators, at our own discretion, may take the following actions until payment is made in full; (i) blacklist or suspended your account; (ii) remove or cancel your bids; (iii) sell the items to a backup bidder or to another user; and/or (iv) charge a 25% relisting fee to the card on file.
Relisting Fees- There will be a 25% relisting fee applied to all invoices not paid for in full by the next business day following an auction or item close. The 25% relisting fee will be calculated based on the entire invoice amount which may include the bid price, buyer’s premium and/or buyer’s fees, taxes and any other fees applied to the invoice. By placing a bid, you acknowledge that the Relisting Fee is reasonable in scope and amount and is a reasonable estimate of the minimum damages incurred by Local Liquidators because of your failure to pay on time and in full.
Refunds- Refunds are handled on a case-by-case basis. If a User would like to request a refund, it must be done by taking the item back to the location of pickup (or another location as directed by Local Liquidators) and filling out a Refund Request Form. Local Liquidators in its absolute and sole discretion will approve or reject a refund request based on information from both buyer and seller. By using our Sites and Services, you agree that Local Liquidators has final say whether an item will be refunded or not.
Charge Backs- By placing a bid, you agree and understand that no charge backs will be allowed under any circumstance. In the event of a charge back, we may, in our sole discretion, immediately and permanently black list, suspend or cancel a User’s account. If you perform a Charge-Back after receiving the Assets, Local Liquidators, or the Seller or both may file charges with the appropriate law enforcement agency and Seller and Local Liquidators each reserve the right to pursue all remedies available to Seller or Local Liquidators to recover any incurred damages.
Pick Up and Load Out

Access and Time Frame- Each auction, item and/or listing has specific dates and times for pick up. Before bidding, confirm whether you can pick up your item(s) at the designated times and location. You may pick up items from the designated location once the total invoice amount has been paid and verified by Local Liquidators and your invoice is showing paid in full. All Buyers must show a valid state or federal issued photo ID that matches the name and information on the account before items will be released. We reserve the right to ask you to show the credit card used for the purchase as a second form of ID for first time bidders, large invoices, or as we deem necessary before items will be released. If Buyer is using an Authorized Agent or third party to pick up on their behalf, Buyer must notify us prior to pick up.
Buyer’s Responsibility- Buyer is responsible for loading and removing all Items subject to the pickup and/or load out details in the listing or auction. You are responsible for making all arrangements and performing all work necessary, including packing, loading and transportation of all items on your invoice. Under no circumstances will Local Liquidators or the Seller assume responsibility for packing, loading, or shipping. See instructions in each Listing for complete removal details. You must bring your own help, tools, equipment, supplies, dollies, moving equipment, packing materials or anything else needed to disconnect, prepare, load and transport your items properly and safely. As the Buyer, you are solely responsible for disconnecting any utilities to Auction Items, including electric, gas, waste and water lines and safely capping off or plugging any pipes, wires, holes, or damage. You also agree to restore and repair all real and personal property that is altered or damaged because of the removal of purchased Items. Item removal shall be conducted responsibly and with due care for the Seller's premises.
Shipping- Some Sellers offer shipping of lots or items direct to the Buyer. If an Auction, Item or Lot states “Shipping is Available”, then that item can be shipped or mailed by the Seller. If an Auction, Item or Lot states “Shipping Only”, then that item can ONLY be shipped or mailed. All items or lots shipped or mailed are void of any guarantees and are received in AS-IS condition. Purchasing insurance on your shipment and/or package is highly recommended and your responsibility. For most auctions, items and lots, shipping is not available through Local Liquidators or our Sites and Services. We do, however, aid with shipping if a listing states “Shipping Assistance Available”. This assistance is limited to coordinating with and helping a third party receive possession of the items or lots. We suggest utilizing third party shipping agencies for packaging, handling, and delivery of items if you are unable to pick up the items yourself. All third parties will be held to the same terms and rules as stated here and, in the section, above. Please be aware that not all items can be shipped. If you intend to have an item shipped, mailed, or delivered, it is your responsibility to understand the potential delivery costs before placing your bid.
Forfeits- Buyers who fail to pick up any item(s) by the end of the specified pick up and load out time or fail to designate a shipping or fulfillment option will be considered to have abandoned and forfeited their item(s). You agree that title to abandoned and forfeited items will automatically transfer to Local Liquidators without any further action by you or Local Liquidators and that failure to receive any item in the event of abandonment and forfeit does not relieve your obligation to pay for the item and any other fees and you are not entitled to a refund.
Damage of Property or Facility- You agree to restore and repair all real and personal property that is altered or damaged because of the removal of purchased Items. Item removal shall be conducted responsibly and with due care for the Seller's premises and you are responsible for any damage that you, your representatives, or contracted third party may cause.
Risk and Liability Waiver- To the best of my knowledge, I am in good physical condition and fully able to participate in the dismantling and removal of items during the pickup and load out process. I am fully aware of the risks and hazards connected with being on the premises for any purpose, including physical injury or even death, and hereby elect to voluntarily be present on this premises, knowing that the associated physical activity may be hazardous to me and to my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of my presence on the premises.

Legal -

Indemnification - You agree to indemnify, defend, and hold harmless Local Liquidators, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Local Liquidators Services, any User Content you post, store or otherwise transmit in or through the Local Liquidators Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Local Liquidators reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Local Liquidators, and you agree to cooperate with Local Liquidators’s defense of these claims. Local Liquidators will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.

Disclaimers; No Warranties - TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE LOCAL LIQUIDATORS SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LOCAL LIQUIDATORS; (B) LOCAL LIQUIDATORS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (COLLECTIVELY, THE “LOCAL LIQUIDATORS PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE LOCAL LIQUIDATORS SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) LOCAL LIQUIDATORS DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE LOCAL LIQUIDATORS SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) LOCAL LIQUIDATORS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE LOCAL LIQUIDATORS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE LOCAL LIQUIDATORS SERVICES SAFE, LOCAL LIQUIDATORS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE LOCAL LIQUIDATORS SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCAL LIQUIDATORS OR THROUGH THE LOCAL LIQUIDATORS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “LOCAL LIQUIDATORS” INCLUDES LOCAL LIQUIDATORS’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

Limitation of Liability and Damages.

Limitation of Liability - TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL LOCAL LIQUIDATORS OR THE LOCAL LIQUIDATORS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE LOCAL LIQUIDATORS SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LOCAL LIQUIDATORS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LOCAL LIQUIDATORS’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOCAL LIQUIDATORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE LOCAL LIQUIDATORS SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LOCAL LIQUIDATORS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Reference Sites - THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LOCAL LIQUIDATORS AND RECEIVED THROUGH OR ADVERTISED ON THE LOCAL LIQUIDATORS’ SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.

Basis of the Bargain - YOU ACKNOWLEDGE AND AGREE THAT LOCAL LIQUIDATORS HAS OFFERED THE LOCAL LIQUIDATORS SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LOCAL LIQUIDATORS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LOCAL LIQUIDATORS. LOCAL LIQUIDATORS WOULD NOT BE ABLE TO PROVIDE THE LOCAL LIQUIDATORS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Applicable Law and Venue - To the fullest extent permitted by applicable law, you and Local Liquidators agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in Section (ii) below, the following governing law and arbitration provision applies: PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LOCAL LIQUIDATORS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LOCAL LIQUIDATORS. You and Local Liquidators agree to arbitrate any dispute arising from these Terms of Service or your use of the Local Liquidators Services, except that you and Local Liquidators are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Local Liquidators agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Local Liquidators shall be sent to Blythe Grace PLLC Attn: Robert S. Reder, 4040 E. Camelback Rd., Ste 140, Phoenix, AZ 85018. You and Local Liquidators further agree: to attempt informal resolution before any demand for arbitration; that any arbitration will occur in Maricopa County, Arizona; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (the “AAA”); and that the state or federal courts in Maricopa County, Arizona have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement, Arizona law, applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Local Liquidators will not commence against the other a class action, class arbitration or other representative action or proceeding. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply: Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence. Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.

Miscellaneous.

Waiver - If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

Severability - If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment - These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Local Liquidators without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

Survival - Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Entire Agreement - These Terms of Service, together with all Local Liquidators’ other written policies (copies of which are available on Local Liquidators’ website) the entire agreement between you and Local Liquidators relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Local Liquidators as set forth in Section 6 above.

Requests for Information and How to Serve a Subpoena - All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any Local Liquidators Service must be made using the appropriate level of legal process, and must be properly served on Local Liquidators though its legal counsel, which is: Blythe Grace, PLLC, Attn: Robert S. Reder, 4040 E. Camelback Rd., Ste 140, Phoenix, AZ 85018. Please note that Local Liquidators does not accept such requests for information or documents, or service of process, by e-mail or fax and will not respond to such requests. If you are a California resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information.