TERMS AND CONDITIONS OF SALE
These Terms and Conditions apply to all items offered for sale by ANEW BUSINESS
SOLUTIONS, LLC, its officers, agents, employees, successors, and assigns
("ANEW"). ANEW BUSINESS SOLUTIONS, LLC, reserves the right to modify
these Terms and Conditions at any time and any such modification shall become
part of these Terms and Conditions. By participating in a sales event, the
Buyer agrees to be bound by these Terms and Conditions.
Prospective Buyers are reminded that Customer Service is available to answer
your questions from 8:00 a.m. until 5:00 p.m. (MST) Monday through Friday, by
emailing us at firstname.lastname@example.org
or by calling (480) 367-1300 to answer your questions. If you have any
questions about sales events or the property being offered, DO NOT PROCEED
WITHOUT SEEKING ASSISTANCE. Adjustments (of any kind) will not be made due to
your failure to read and understand these Terms and Conditions. By clicking
on the "Submit Bid" button, you acknowledge that you have read and
understand and that you agree to be bound by the Terms and Conditions.
Acceptance of Purchased Property "AS IS";
Disclaimers, Waivers and Indemnity:
BUYER'S PURCHASE OF OR PLACEMENT OF A BID ON THE PROPERTY CONSTITUTES
ACCEPTANCE OF THE PROPERTY AS IS AND IN A USED CONDITION.
"ACCEPTANCE" AS USED HERE ALSO MEANS THAT, BY PURCHASE OF THE
PROPERTY, BUYER WILL BE DEEMED TO HAVE EXAMINED, OR HAD THE OPPORTUNITY TO
EXAMINE, THE PROPERTY AND AGREED THAT THE PROPERTY IS OF THE SIZE, DESIGN,
CAPACITY AND MANUFACTURER SELECTED BY BUYER, IS IN PHYSICAL AND MECHANICAL
CONDITION ACCEPTABLE TO BUYER, AND IS FIT FOR THE PARTICULAR PURPOSE AND USE
REQUIRED BY BUYER. ANEW DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT
TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE PROPERTY IS FREE
FROM LATENT DEFECTS. BUYER ACKNOWLEDGES THAT ANEW IS NOT A MANUFACTURER OF THE
PROPERTY, OR AN AGENT OF THE MANUFACTURER, AND THAT THE ONLY EXPRESS WARRANTY
WITH RESPECT TO THE PROPERTY IS THAT OF THE MANUFACTURER, IF ANY. BUYER WAIVES
ANY AND ALL LIABILITY OF ANEW AND CLAIMS AGAINST ANEW FOR DAMAGES, LOSSES,
COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS' FEES AND LIABILITIES OF
WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY,
INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM INJURIES OR DEATHS OF PERSONS
AND DAMAGES TO PROPERTY RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH
THE USE, CONDITION, OPERATION, TRANSPORTATION, SERVICE, POSSESSION, RENTAL OR
SALE OF THE PROPERTY, LOSS OR LIABILITY RESULTING FROM NEANEWIGENCE, BREACH OF
WARRANTY, PARTS, LABOR, DELAY OR BUSINESS INTERRUPTION BY BUYER OR THIRD
PARTIES, DELIVERY DELAYS, WORK STOPPAGES, FAILURE TO WARN, OPERATIONAL
DEFICIENCIES OR FAILURES, BREAKDOWNS, STRIKES, ACTS OF GOD, UNAVAILABILITY OF
THE PROPERTY OR OTHER CAUSE (WHETHER SUCH CAUSES ARE AVOIDABLE OR NOT) CAUSED
IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY BY BUYER, ANEW EMPLOYEES,
REPRESENTATIVES, AGENTS OR THIRD PARTIES (COLLECTIVELY, "SPECIFIED
CLAIMS"). UNDER NO CIRCUMSTANCES IS ANEW RESPONSIBLE FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF BUYER HAS BEEN ADVISED
OF THEIR POSSIBLE EXISTENCE. BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD ANEW
HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS.
The information and description found in the advertising materials for specific
sales are deemed reliable but are not guaranteed. ANEW neither assumes
responsibility nor makes any warranties regarding the sale's contents.
Condition codes, including National Stock Numbers (NSN), Local Stock Numbers
(LSN) or National Item Identification Numbers (NIIN) are provided as received
from the Defense Reutilization Marketing Service "DRMS" as assistance
to our customers. ANEW does not guarantee the accuracy of this information. It
shall be the Buyer's responsibility to verify information and item's
description, including but not limited to, product condition, estimated
weight, count, measure or other factors that determine the bid price. Information provided by ANEW is not
guaranteed and should not be considered as a substitute for our customer's due
diligence and/or physical inspection of the property.
Description Of Sale:
All bidders are advised to read the information and procedures included in
these Terms and Conditions and to inspect the items for which bids
are submitted. There are no warranties, either expressed or implied, and no
returns, exchanges or refunds. All property will be displayed for onsite
viewing. ANEW is not required to move the items to facilitate viewing. Sales
are conducted pursuant to Section 2328 of the Uniform Commercial Code, Section
535 of the Penal Code, and in accordance with all state and local laws. ANEW
reserves the right to determine the method of conducting the sale. Title
transfers upon compliance with all Terms and Conditions of sale.
Notices from ANEW shall be transmitted by e-mail, fax and/or phone to the email
address, fax and phone numbers provided by Buyer during registration. ANEW may
also provide notice in written form delivered through the US mail or certified
mail to the address provided by Buyer during registration. ANEW is not
responsible for the errors of the Buyer in conveying the Buyer's correct
ANEW does not guarantee that its system for placing, receiving, collecting and
tabulating bids on Internet auction sales will be available without
interruption, error-free or free from other defects. ANEW assumes no obligation
to ensure that a prospective Buyer's bid is received, properly and effectively
processed or accepted. ANEW SHALL NOT BE LIABLE TO ANY PROSPECTIVE BUYER ON ANY
CLAIM OR ALLEGATION THAT THE PROSPECTIVE BUYER'S BID WAS NOT RECEIVED, PROPERLY
AND EFFECTIVELY PROCESSED AND/OR ACCEPTED DUE TO TECHNICAL ERRORS OR PROBLEMS
WITH THE INTERNET AUCTION SYSTEM OF THIS WEBSITE. If any questions arise as to
a bid price at which lots have been sold, the record of the sale kept by ANEW
shall, in all cases, be accepted by the Buyer as final.
ANEW reserves the right to accept or reject any or all bids. ANEW reserves the
right to refuse any individual or organization access to our sales events.
Bid increment increases of $10.00 will be in effect for all lots in all
Internet Auctions. Bids can be placed for any dollar amount exceeding the
required $10 minimum.
- POSTED TIMES:
In terms of Internet auctions, posted closing times and displays of
current time on ANEW's website are approximate. In addition, ANEW reserves
the right to close early or extend Internet auctions at its discretion.
Lots may be scheduled to close individually, in groups or entirely. Lot
closing times will be advertised prior to the opening of the Internet
auction. At the scheduled closing time, the lot(s) with active bidding
will remain open for fifteen-minute (15) increments until all bidding has
ceased. You may participate during this time by entering from "My
Auctions." ANEW reserves the right to control the amount of time
necessary to end the sale.
SEALED BID SALES:
Sealed bids may be sent electronically via our website, by fax to (972) 602-9252,
or via email to email@example.com. ANEW is not responsible for
bids that are not received, processed, illegible or not accepted due to
technical difficulties regardless of their origin. Sealed bids cannot be
cancelled, lowered or withdrawn once submitted. Sealed bids must be
received by the established time for the specific sales event.
TIES WILL BE SETTLED IN THE
In the event equal bids are received for the same lot, prospective Buyer
grants ANEW the sole and exclusive authority to resolve and/or make all
final determinations with respect thereto.
Sealed Bid Sales - In the event of a tie during a Sealed Bid Sale,
the lot will be awarded to the individual whose lot was entered first.
This shall apply regardless of whether the bidder entered their own bid or
the bidder faxed their bid to ANEW to enter on their behalf.
Internet Auctions - On the occasion of a "tied" bid, the lot
in question will be awarded to the individual whose bid was received
earliest. A time stamp recording is kept of all Internet Auctions and
Bidding/Time activities and transactions.
Any requests for a bid retraction due to mis-keyed bids must be received
by ANEW in writing via email to firstname.lastname@example.org
or fax to (972) 602-9252 if your retraction is accepted the current bid will
be lowered to the last bid increment placed at the time the request was
received. Requests should include the bidder number, sale number and lot
**Note: Winning bid prices will not be adjusted after award due to an
error in bidding or any other discrepancy regarding description, estimated
weight, count, measure or other factors that may influence the final bid
price of a lot.
The Buyer must pay the total purchase price plus a ten-percent (10%)
Buyer's premium before property may be removed from ANEW's site. Sales tax
will be added to the purchase price, unless the Buyer has provided the
required documentation to establish sales tax exemption before 5:00 p.m.
ET on the day the sales event closes.
Acceptable forms of payment include creditcard (VISA™, Mastercard™,
American Express™ will be charged a 3% processing fee), cashier's check,
money order and wire transfer. Payment in full must be received within 72
hours of close of sale.
**Note: A valid credit card must be entered upon bid submission regardless
of the form of payment. Credit cards submitted by a Buyer must be in
the name of the registered Buyer and valid at the time a lot(s) is
Any Buyer that attempts to rescind a credit card transaction without
the express written consent of ANEW to do so (i.e., charge-back), will be
immediately and permanently banned from ANEW sales events. Charge-backs
can be considered as a form of credit card fraud, and thus may also be
subject to ANEW sanctions and/or prosecution by law enforcement authorities.
It is a violation of law to make bids in a false name or with an invalid
credit card, even if ANEW's software initially accepts such a bid. Please
be aware that even if you do not give your real name, your web browser
transmits a unique Internet address that can be used by law enforcement
officials to identify you. Submitting a false bid puts you at substantial
personal legal risk. Fraudulent bidders will be prosecuted to the fullest
extent of the law.
Sales/Excise Tax Policies and
ANEW is obligated to collect sales, use or excise tax from ALL Buyers. It
is the Buyer's responsibility to provide the required documentation when
submitting a bid to claim an exemption. Buyers must submit
re-sale/tax-exemption documentation from the state in which they are doing
business as well as the state(s) where they are purchasing property. ANEW
is not obligated to refund sales tax due to late submission of sales tax
exemption documentation. The Buyer will be liable for all taxes,
surcharges or other charges imposed on the sale of goods by any taxing
authority if tax forms are not received by close time of the sales event
in which they are participating. Buyer will need to contact the
appropriate taxing authority directly for refunds.
Removal of Property:
A schedule for removal of property will be established for each sales
event. Buyer must remove all property awarded within this time limit. If
for any reason removal cannot be completed within the time period, it is
the responsibility of the Buyer to arrange with the ANEW Transportation Manager
for an extension of time. ANEW shall not be responsible for property that
is not removed within the time allotted. If property is not removed within
the specified removal period for the sale or scheduled for removal at a
later date with the ANEW Site Manager, ANEW will consider the property
to be abandoned by the Buyer, and the Buyer shall have abandoned all
right, title and interest therein. Abandonment or late removal letters
will no longer be sent by ANEW to the Buyer prior to exercising the right
In the event that ANEW extends the removal period to accommodate a buyer's
needs, the Buyer understands and accepts that the liability and risk of
loss shall not rest with ANEW or the Defense Reutilization and Marketing
Service, but shall be at the Buyer's own risk.
Buyer is responsible for rigging, loading, securing and transporting
purchased property, to include all costs and risks associated with removal
unless contracted directly with ANEW for shipping. In certain situations,
unless otherwise stated, ANEW will provide a free tailgate loading but
will NOT guarantee a specific loading time. In consideration for this 'no
cost' loading service, the Buyer agrees to release, hold harmless and
waive any and all claims, causes of actions, damages (including
consequential damages and/or loss of use) or liabilities of any kind or
nature against ANEW.
At Buyer's request, ANEW's personnel may provide information on packing
and shipping services. Buyer understands and acknowledges that this is
informational only. Buyer further agrees to hold ANEW harmless from any
liabilities, damages or consequences resulting from the selection and use
of said packing and shipping service.
Should the Buyer choose to use a transportation company for the removal of
their property, ANEW will not be responsible for any of the associated
costs whatsoever. The Buyer is reminded to be specific and clear in the
instructions to the Transportation Company so that ANEW is not shown as a responsible
Either the buyer or their authorized agent will be required to sign for
all material in the presence of a ANEW representative (unless otherwise
approved by an authorized ANEW agent) prior to removing property.
**Note: The Buyer or their agent is responsible for property counts and
verification of lots at the time of removal/delivery. Claims after that
time will not be honored.
All disputes must be submitted to ANEW in writing and must include the
sales event number, the lot number(s), the customer number and the invoice
number, along with a narrative describing the basis for the dispute.
Disputes must be received by the ANEW Customer Relations Department prior
to removal, within 30 days of the date of invoice. Disputes may be
submitted via email to email@example.com
, or by fax to (972) 602-9252 Claims related to property condition, minor
count discrepancies or buyer's failure to inspect the merchandise prior to
bidding/removal will not be honored.
If any provision of these Terms and Conditions is deemed illegal, invalid
or unenforceable, the legality, validity and enforceability of the
remaining parts shall not be affected.
Failure by ANEW to enforce any provision of these Terms and Conditions
shall not be construed or interpreted as a waiver of the Terms and
Conditions. Any waiver of any term or condition shall be in writing,
signed by an authorized representative of ANEW, and shall be effective
only for the instance specified in the writing.
The exclusive venue for litigation against ANEW shall be in a state court
in Tarrant County, State of Texas.
I UNDERSTAND THAT BY PARTICIPATING IN AN ANEW SALES EVENT THAT I AM AND
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.