Seller Terms and Conditions

Hereinafter "buzzola" auctions may be referred to as "seller", "I", "we" ,"our", or "us".  Any person placing a bid or making an offer to purchase any item(s) we offer for sale may be referred to as "buyer(s)", "bidder(s)", "winner(s)", "you" or "your".

By placing a bid or offer to purchase any item(s) offered for sale by seller signifies that you are at least 18 years old, have read, understand, and agree to the terms and conditions described on the individual auction and herein. The terms and conditions described on each individual auction takes precedence for any contradiction with the terms and conditions stated herein. Your placing a bid or offer to purchase any item(s) offered for sale by seller, represents, warrants and undertakes that you have the authority and capacity to enter such bid and close the transaction and that any bid made constitutes an irrevocable offer to buy the item in question for the full amount of the bid and any applicable taxes. A legally binding contract is formed when a bidder makes the highest bid and bid reaches the reserve price (if item was listed with a reserve price) and the online auction has successfully closed.

RETURNS:

       New Items: Any item we have listed for sale and described and sold as being "New", has a 100% guarantee of customer satisfaction. If unhappy with any "new" item you have purchased from us, and within 7 days of receipt of said item, you may return the item postage prepaid and we will happily refund your purchase price (less any shipping & handling fees). Returns of any new items must be in original box and contain all associated parts and paperwork such as owners manuals, etc. We do not accept the return of any new electronic device containing a printed circuit board.

       Used Items: All used items we sell are non-returnable and are sold as is with no warranty expressed, written, or implied.

       Motor Vehicles: We consign many items for customers, some of which are on or off road type motor vehicles or equipment. Any and all motor vehicles and equipment we sell are used and are sold "as is, where is" unless stated otherwise in the description. Please read description, view the photo's and ask questions. Although it is not mandatory, I highly recommend that you contact us and schedule an appointment for a personal inspection to make sure it is exactly what you are looking for and to do this inspection prior to placing a bid.  It is the bidder/buyer responsibility to have satisfied himself/herself as to the condition and value of the item(s) and to place bids accordingly, based solely upon that judgment. We do our best to represent every item we sell as accurately as possible. We make no guarantees that the information is accurate or complete. We are not mechanics and do not perform any type of major or minor mechanical analysis. Many of the items are also listed for sale locally, we reserve the right to end the auction listing early if the item(s) are no longer available for sale.  All motor vehicle and equipment sales are final. All motor vehicles and equipment are sold FOB from our warehouse or the location as described in the item(s) auction description.

SHIPPING & HANDLING

       USA 48: Buyer is responsible for all shipping, handling, and transportation costs. If we offer free shipping on an item we will state that fact in the item description and/or in the item title, It WILL BE obviously stated as free shipping or free shipping when you use the buy it now feature. On occasion we have found a listing error on the auction where ebay shows the shipping costs as free shipping when in fact it is not.

       Non USA 48 and/or International: Depending on the type of shipping used, the costs can vary substantially. We prefer USPS  as it gives the buyer several choices such as: Global Priority, Air, and Global Express to name a few.  All shipments out of the USA 48 will be charged actual cost of shipping plus a seven dollar handling fee. All international payments through Paypal must have a verified account and a minimum feedback rating of 15 with "No" negative feedback.

       Insurance: Insurance will be listed as "Optional" and will be added at buyers choice only. If we offer shipping by UPS Ground, those shipments include insurance for the first $100 of coverage.

       Large Item freight Shipments: Having an item delivered by a freight carrier means it will arrive in a tractor-trailer truck. Standard freight shipments include delivery only; removing the item from the deliverer's truck is the buyer's sole responsibility. Items like this cannot be "dropped off" like a UPS shipment, there must be someone available to unload the truck. A lift gate can be added for a fee. Buyer must provide contact phone number, so that the carrier can contact you prior to delivery to arrange a delivery date. This will give you time to be ready for the delivery. Shipping address must be tractor-trailer accessible for large freight items.  Additional fees may be required for special deliveries. It is the buyer’s responsibility to inspect item for concealed damage immediately upon receipt. Buyer should open item at time of delivery and note any damage on the bill of lading. It is imperative that you notate all damage on the bill of lading prior to the driver leaving your facility.

PAYMENT

       Paypal: Item(s) Shipped to Confirmed address's only. Please consult auction item description for additional payment details for some item(s).

       Cash:  We will accept cash payments in person.

       Personal Checks & Bank Issued Cashier Checks: USA Bank Issued may be used for payment of items with total value under $5000.00 USD. Any item(s) paid for by personal of cashier check will be held until payment has cleared our bank (approximately 9 - 10 days from day we deposit the payment). No motorized vehicles either titled or non titled, will be released to buyer prior to payment in full clearing our bank.

       Bank Wire Transfer: We require a bank wire transfer for all transactions exceeding $5000.00 USD.

       Non Payment and Removal of Items: Unless stated differently in the auction description.  Full payment is expected within Five (5) business days of auction end. If the item is not paid in 5 days, a notice is automatically emailed to buyer. After 10 days, we send a final notice reminding the buyer that we have not received payment. After 15 days, the item will automatically be cancelled, and a request will sent to eBay for reimbursement of listing fees incurred.  We will then remove and dispose of item from its stated location and buyer is responsible for all removal fees incurred by seller. The fees for removal and disposal of items will be charged to buyer at a minimum cost equal to the selling price of the item plus any additional fees incurred by seller from third parties the seller may employ to assist in such removal.

LIABILITY

       Disclaimer:  This liability disclaimer does not limit your ability to return for refund, any new item that you are unhappy with. All used items offered for sale are offered 'as is' without warranty of any kind. We do not warrant that any items sold or listed for sale will be problem or error-free. You assume the entire cost of all necessary servicing, repair or correction resulting from use of any item purchased from us. In the absence of important product documentation, you are responsible for obtaining, reading, and understanding important documentation such as owner / operator  manual's and rules for safe use or operation of the product. Failure to obtain and follow such instructions could endanger your personal safety or the safety of others. You or the product user assumes all the risks incident to or arising out of the use of or operation of any product purchased from us.  We provide no representations and warranties regarding the use or the results of the use of any item purchased from us, either express or implied,  including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality or freedom from hidden defects. In no event shall we or our subsidiaries be liable for any damages whatsoever, including but not limited to tort, direct, indirect, special, incidental, loss of revenue, loss of profit, loss of opportunity, or any other loss, consequential damages of any kind, including damages arising from inaccuracies, omissions or errors. You understand and agree that use of any item purchased from us, shall be at your own risk. In preparation of selling or offering items for sale, every effort has been made to offer the most current and correct information possible. However, inadvertent errors may occur. Without limiting anything here, we disclaim any responsibility for typographical errors and inaccuracy of the information that may be contained in seller listings or related web sites.

       Indemnification: Buyer indemnifies and holds harmless seller, its directors, officers, employees and agents against any damage or loss which Buyer may suffer or incur with respect to loss, damage or injury arising from the removal and or use of any item buyer has obtained from seller.

       Transfer of Title and Risk of Loss. Title to item(s) passes to Buyer when payment in full has been received, deposited, and fully clears sellers bank. Payment by bank wire transfer and cash in person are the preferred method of payment and will allow buyer the quickest mode for receipt of title. No item(s) shall be removed from sellers warehouse or stated storage location until payment in full has cleared our bank. Upon removal of item(s) from our warehouse or stated storage location, by Buyer or Buyer's agent, or by Seller at Buyer's direction, all liability and risk of loss shall pass to Buyer.

       Buyer's Responsibilities and Conduct: Buyer shall be responsible for all damage that it, its carriers or its agents may do to the property of any third party (and, in particular, to Sellers premises or other removal site) when removing any item(s) buyer has purchased.

       International Bidder's: Our  business operations are controlled, operated and administered from our offices within North America. We make no representation that our products or materials are appropriate for purchase or use at any particular location and access to them from territories where it's purchase or use's are illegal is prohibited. You may not make purchase from us to export any materials in violation of Canada or U.S. export laws and regulations. Upon bid or purchase of our products, you are responsible for compliance with all local laws applicable to you.

       Choice of Law and Venue All disputes relating to a Seller's auction and the terms and conditions herein shall be governed by and interpreted in accordance with the laws of the State of South Dakota. All claims relating to a Seller auction and the terms and conditions herein shall be brought in "District Court in Union County, South Dakota", and bidders hereby consent to the jurisdiction of said Court.

ENTIRE AGREEMENT:

These terms and conditions together with all Sales Orders entered into between the parties completely and exclusively states the agreement of the parties regarding the subject matter hereof and supersedes all prior negotiations, representations or agreements with respect to the subject matter hereof, written or oral, and may be amended only by written instruments signed by all parties hereto. If any part of these Terms and Conditions is found unenforceable, it will not affect the validity or enforceability of any other provision of these Terms and Conditions.

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We do not endorse, approve, recommend, or support any private sector individuals, Organizations, products or services referenced on our auctions or web sites.

Sunday, June 07, 2009