Around The World & Back Again

MISSION CRITICAL CORPORATE & ESTATE DOWNSIZING

ESTATE SALE TERMS AND CONDITIONS

1. ALL SALES ARE FINAL

All merchandise offered for sale by Mission Critical Corporate & Estate Downsizing (“Mission Critical”) is sold “AS IS, WHERE IS, AND WITH ALL FAULTS.”

Mission Critical makes no representations, warranties, or guarantees of any kind, express or implied, regarding any item offered for sale, including but not limited to its condition, quality, quantity, age, authenticity, functionality, usability, merchantability, fitness for a particular purpose, or suitability for any particular use.

Descriptions, photographs, measurements, statements, labels, opinions, or other information provided by Mission Critical are offered solely as a general guide and are not intended to constitute a warranty or guarantee of accuracy or completeness.

Buyers are responsible for personally inspecting merchandise to their satisfaction before purchasing. By purchasing an item, the buyer acknowledges that they have had the opportunity to inspect the item and have satisfied themselves as to its condition, completeness, value, and suitability, or have voluntarily elected not to inspect it.

**NO RETURNS. NO EXCHANGES. NO REFUNDS. NO CREDITS.**

All sales are final for any reason, including but not limited to defects, damage, missing parts, incorrect assumptions regarding condition, size, quantity, functionality, compatibility, or suitability.

Mission Critical is not responsible for any error, omission, misdescription, or inaccurate information regarding any item offered for sale.

### 2. INSPECTION

Buyers are strongly encouraged to carefully inspect all merchandise before purchasing.

Inspection of merchandise is the sole responsibility of the buyer. Buyers should examine items, open drawers and cabinets where permitted, inspect furniture and other merchandise, verify measurements, and satisfy themselves regarding condition and completeness before making a purchase.

Once an item has been purchased and removed from the premises, the buyer accepts the item in its existing condition and waives any claim regarding its condition, functionality, completeness, or suitability.

### 3. PHOTOGRAPHS AND DESCRIPTIONS

Mission Critical makes reasonable efforts to provide accurate photographs and descriptions of merchandise. However, photographs and descriptions are provided for informational purposes only and are not warranties or guarantees.

Photographs may not accurately reflect color, size, condition, scale, or other characteristics of an item.

Buyers are responsible for making their own determination regarding an item's condition and suitability before purchasing.

### 4. PRICING AND PURCHASES

All prices are established by Mission Critical and/or the seller and may be subject to change prior to purchase.

An item is considered sold when payment has been accepted by Mission Critical or its authorized representative.

Mission Critical reserves the right to correct pricing errors, withdraw merchandise from sale, limit quantities, or refuse a transaction when necessary to correct an error, address a safety concern, or protect the orderly conduct of the estate sale.

### 5. PAYMENT

Payment must be made in U.S. Dollars.

Mission Critical may accept cash, credit cards, debit cards, or other payment methods designated for a particular estate sale. Mission Critical reserves the right to determine which forms of payment are accepted at each sale.

Payment must be made in full at the time of purchase unless otherwise expressly authorized by Mission Critical.

Mission Critical reserves the right to refuse payment by personal or company check or to require another form of payment.

### 6. REMOVAL OF PURCHASED ITEMS

It is the buyer's responsibility to arrange for the proper transportation and removal of all purchased merchandise.

Buyers are responsible for bringing sufficient personnel, vehicles, equipment, tools, dollies, straps, blankets, or other materials necessary to safely remove their purchases.

**MISSION CRITICAL CORPORATE & ESTATE DOWNSIZING DOES NOT PROVIDE MOVING SERVICES, TOOLS, EQUIPMENT, OR LABOR FOR THE REMOVAL OF PURCHASED ITEMS**, unless specifically stated otherwise.

Buyers are responsible for determining whether an item can safely be removed from the premises and for ensuring that they have the appropriate vehicle, personnel, and equipment necessary for removal.

### 7. DISASSEMBLY AND DAMAGE

If an item requires disassembly for removal, the buyer is responsible for performing or arranging for the disassembly.

Mission Critical may, at its discretion, provide reasonable direction regarding the removal of an item but assumes no responsibility for the buyer's disassembly, transportation, reassembly, or use of the item.

Buyers are responsible for any damage they cause to the property, residence, premises, walls, floors, doors, fixtures, vehicles, or other property while removing purchased merchandise.

### 8. ABANDONED OR UNCLAIMED MERCHANDISE

Purchased merchandise must be removed within the time period established by Mission Critical or the estate sale.

Any merchandise that is not removed within the designated removal period may be considered abandoned.

Mission Critical shall have no obligation to store, transport, dispose of, or otherwise maintain possession of abandoned merchandise. Any additional costs incurred by Mission Critical as a result of a buyer's failure to remove purchased merchandise may be charged to the buyer.

### 9. CONDITION OF PREMISES AND PERSONAL SAFETY

All persons attending an estate sale do so at their own risk.

Estate sale properties may contain stairs, uneven flooring, furniture, boxes, tools, construction materials, electrical equipment, household chemicals, outdoor hazards, or other conditions that may present a risk of injury.

Buyers and other attendees are responsible for exercising reasonable caution and following all instructions provided by Mission Critical and its representatives.

Mission Critical, its owners, officers, employees, agents, and representatives shall not be responsible for injuries, losses, or damages resulting from conditions existing at the estate sale premises, except to the extent liability cannot lawfully be excluded.

### 10. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the liability of Mission Critical Corporate & Estate Downsizing arising from the purchase of any merchandise shall be limited to the purchase price actually paid for that merchandise.

Mission Critical shall not be responsible for any indirect, incidental, special, consequential, or punitive damages, lost profits, loss of use, or other damages arising from the purchase, possession, removal, transportation, or use of merchandise.

Mission Critical shall not be responsible for the acts or omissions of sellers, property owners, buyers, contractors, movers, or other third parties.

### 11. INDEMNIFICATION

By attending an estate sale or purchasing merchandise, the buyer agrees to indemnify, defend, and hold harmless Mission Critical Corporate & Estate Downsizing, its owners, officers, employees, agents, representatives, and affiliates from and against claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to the buyer's actions or omissions.

This includes, but is not limited to, claims arising from the buyer's removal, transportation, handling, possession, or use of purchased merchandise, or damage caused by the buyer or the buyer's representatives to the premises or property.

### 12. RIGHT TO REFUSE SERVICE

Mission Critical reserves the right to refuse service or deny access to any person who engages in disruptive, threatening, abusive, unsafe, fraudulent, or inappropriate conduct, or who violates these Terms and Conditions or the reasonable instructions of Mission Critical personnel.

Mission Critical may require any person to leave the premises immediately and may take any other action permitted by law.

### 13. CHANGES AND WITHDRAWAL OF MERCHANDISE

Mission Critical reserves the right, in its discretion, to add, remove, withdraw, relocate, or change the availability or pricing of merchandise prior to purchase.

Mission Critical may also modify sale dates, times, access procedures, or other aspects of an estate sale when circumstances require.

### 14. NO AGENCY OR THIRD-PARTY RELATIONSHIP

These Terms and Conditions do not create any agency, partnership, joint venture, employment, or other relationship between the buyer and Mission Critical Corporate & Estate Downsizing beyond the purchase transaction described herein.

### 15. SEVERABILITY

If any provision of these Terms and Conditions is determined to be invalid, unenforceable, or void, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

### 16. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the buyer and Mission Critical Corporate & Estate Downsizing regarding the purchase of merchandise at the estate sale and supersede any prior oral or written representations or understandings concerning the same subject matter.

By purchasing merchandise at an estate sale conducted by Mission Critical Corporate & Estate Downsizing, the buyer acknowledges that they have read, understood, and agreed to these Terms and Conditions.

**MISSION CRITICAL CORPORATE & ESTATE DOWNSIZING**
Veteran Owned and Operated
304-384-0788
missioncriticaldownsizing.com

I think this is the right level: **much less cumbersome than the auction T&Cs, but still very protective of Mission Critical.** I intentionally kept the strongest language around *as-is/where-is, no warranties, inspection, no returns, removal, premises risk, liability, and indemnification* while eliminating the online-auction machinery.

One thing I would **not** carry over from the auction document is the very blunt “This is NOT Amazon or eBay or Walmart” language. It works conversationally in auction terms, but the estate-sale version reads more professionally without it.