This Buyer Agreement (the "Agreement") is by and between You ("Buyer" or "You") and FairBid International, LLC, a Pennsylvania limited liability company ("FairBid" or "We") in which You agree to abide by the terms and conditions hereof relating to your bidding and/or purchasing of certain equipment, commodities, vehicles or other items (collectively, "Equipment") sold through the FairBid Website currently located at http://www.fairbid.com (the "FairBid Site" or "Site") and the services provided by FairBid with respect to the Site ("Services"). All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in FairBid's standard Terms of Use, which are located on FairBid's Website at http://www.fairbid.com/ (and associated domains with www.fairbid.com) and which You have read and agreed to as a condition of registration on the Site.
FairBid reserves the right to change any of the terms and conditions contained at any time and in its sole discretion, without notice. Any changes will be effective upon posting of the revisions on the Site. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING FAIRBID’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.In consideration of the mutual promises and covenants, You agree to abide by the following terms and conditions:
1. Buyer’s Acknowledgements Prior to Bidding or Making an Offer to Purchase. Buyer acknowledges and agrees to the following:
(a) Equipment is available for purchase on the Site via auctions (“FairBid Auctions”), Standalone Buy It Now postings, Make Offer postings and FairBid Classifieds (collectively, the “FairBid Marketplace”). Equipment may also be available for purchase through “FairBid Plus”, whereby the Buyer works directly with FairBid (as the Seller’s agent) to purchase items at auction (“FairBid Plus Auction”) or as a Standalone Buy It Now posting (“FairBid Plus Standalone Buy It Now”), Make Offer posting (“FairBid Plus Make Offer”) or a FairBid Classifieds listing (“FairBid Plus Classifieds”)(collectively, the “FairBid Plus Marketplace”). Buyer is responsible for compliance with the terms of this Agreement, the Terms of Use, the Privacy Policy, and any terms specific to the applicable method of sale for any item of Equipment for which Buyer participates in the sale or bidding process.
(b)It is the sole responsibility of Buyer to review, ascertain, confirm, research, inspect and/or investigate all Equipment prior to bidding on any Equipment.
(c)Buyer acknowledges and agrees that all Equipment is sold “AS IS” and “AS AVAILABLE” and are not represented as being in road-worthy condition, mechanically sound, or maintained at any guaranteed level of quality
(d)Buyer accepts all risks associated with variations in vehicle title and registration laws between different jurisdictions that may negatively impact the marketability of vehicles purchased on the Site.
(e)FairBid does not inspect and does not investigate or verify title to any Equipment.
(f)FairBid reserves the right to postpone, cancel or terminate any FairBid Auction, FairBid Marketplace, FairBid Plus Auction or any FairBid Plus Marketplace, or any sale resulting therefrom, in its sole discretion, without notice. FairBid will have no liability to You or any other prospective bidders, offerors, Buyers or Sellers as a result of any withdrawal, cancellation or postponement of any of the foregoing.Unless otherwise agreed between Buyer and Seller, Equipment shall be and remain at the risk of the Seller until Seller makes the Equipment available for removal by Buyer from the location of the Equipment and thereafter Equipment shall be and remain at the risk of the Buyer. In no circumstances will FairBid be liable for or have risk of loss for any Equipment.
(g)FairBid shall be under no duty or obligation to pursue, and shall not pursue, legal action against any Seller for any reason, including failure to perform Seller’s obligations with respect to any transaction on the FairBid Site
(h)If You fail to make any payments due to Seller or FairBid hereunder, whether for default or otherwise, You will be barred from further use of the FairBid Site.
2. Bidding.
(a)All bids are binding and cannot be retracted or cancelled by Buyer. In addition, sale price manipulation of any kind, directly or indirectly, by Buyer or another other person, whether or not acting on behalf of Buyer, is prohibited, including, but not limited to, by bidding through a secondary account, agent or assigns, bidding on Equipment that You are selling, by communicating with other Buyers and Sellers, and/or by shill bidding.
(b)You expressly acknowledge and agree that FairBid reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the auction process, or are prohibited by any applicable law, restriction or regulation.
(c)The applicable Seller is the one and only judge for the determination of winning bids ("Final Sale Price"), and FairBid shall not be liable for any errors or omissions relating to such bids and/or Final Sale Prices.
3. FairBid Auctions.
(a) Bidding Options.If You elect to bid for Equipment listed on a FairBid Auction, You may select from following bidding options:
(1) Bid Exactly. Bid Exactly allows You to place a one-time bid of a definite amount. You will receive an email if another bidder outbids You for that item of Equipment. At that time, You may choose to enter a higher bid for that item. E-mail notifications will not be sent during the last hour of any FairBid Auction.
(2) Auto Bid. You may authorize FairBid to automatically increase your bid when another bidder outbids You, subject to your preset maximum bid amount. You will receive an email notifying you of any Auto Bid entered by FairBid on your behalf. If you do not receive an email, no Auto Bid will have been entered by FairBid on your behalf, and you should contact FairBid’s customer service. Auto Bids may be set only at the following Incremental Bid Increase Amounts:Sales Price $.01 to $1000.00 is $50.00, $1000.00 to $50,000.00 is $250.00, $50,000.00 and up is $1000.00.
(3) Buy It Now. If the Seller of the Equipment has provided a Buy It Now price, this feature allows You to purchase the item for a predetermined set price. This option may not be available for all FairBid Auctions.
(b) Inspections. Sellers have full discretion to permit or refuse inspections of the Equipment. Should You wish to inspect the Equipment, you must submit your request to the Seller on the Site via the “Ask Seller a Question” feature.
(c) Winning Bids.
(i)The highest bidder at the close of a FairBid Auction will be notified as the winning bidder via email. As the winning bidder at the close of a FairBid Auction, You are obligated to complete the transaction with the Seller unless (i) the transaction is prohibited by law or regulation, by this Agreement or by any agreement between FairBid and any Seller or (ii) the information posted by Seller with respect to the Equipment contained material errors or inaccuracies.
(ii)Once You have been notified as the winning bidder You will have forty-eight (48) hours to contact the Seller to complete the sales process. FairBid shall have no obligations or responsibilities with respect to any FairBid Auction transaction and/or the process or consummation of any sale resulting therefrom. Seller’s payment and Equipment retrieval requirements/schedules are posted on the applicable FairBid Auction listing, and shall be in effect unless otherwise mutually agreed between Buyer and Seller.
(iii)In the event that You fail to remit Full Payment to the Seller by the end of any payment period agreed between You and the Seller, You shall be considered in default, the Equipment shall not be transferred to You and title shall remain with the Seller. In addition, You will be barred from further use of the FairBid Site.
(iv)In the event that Seller cannot or does not provide full title to the Equipment, or if Seller does not make the Equipment available to You for retrieval, the applicable transaction shall be null and void.
(d)As FairBid is expressly not acting as the agent for any Buyer or Seller in any FairBid Auction, FairBid shall have no role whatever in the sale, inspection, payment, title transfer, delivery and/or other processing of the Equipment listed in any FairBid Auction. Buyer and Seller are solely and completely responsible for all such arrangements. FairBid shall have no liability or obligation to You whatsoever in the event the transaction is not consummated. YOU HEREBY, VOLUNTARILY AND KNOWINGLY, FOREVER RELEASE AND DISCHARGE FAIRBID, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, OBLIGATIONS, SUITS, LIABILITIES, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND COSTS, EXPERT FEES AND COSTS, AND OTHER LITIGATION FEES AND COSTS) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY TRANSACTION ON OR VIA THE SITE THAT MAY OR MAY NOT BE CONSUMMATED, AND/OR ANY DISPUTES YOU MAY HAVE WITH ANY SELLER, POTENTIAL SELLER OR THIRD PARTY WITH RESPECT TO ANY FAIRBID AUCTION OR ANY TRANSACTION, WHETHER OR NOT CONSUMMATED, RESULTING THEREFROM.
4. FairBid Plus Auction
(a)Bidding Options. If You elect to bid for Equipment listed on a FairBid Plus Auction, You may select from following bidding options:
(1)Bid Exactly. Bid Exactly allows You to place a one-time bid of a definite amount. You will receive an email if another bidder outbids You for that item of Equipment. At that time, You may choose to enter a higher bid for that item. E-mail notifications will not be sent during the last hour of any FairBid Plus Auction
(2)Auto Bid. You may authorize FairBid to automatically increase your bid when another bidder outbids You, subject to your preset maximum bid amount. You will receive an email notifying you of any Auto Bid entered by FairBid on your behalf. If you do not receive an email, no Auto Bid will have been entered by FairBid on your behalf, and you should contact FairBid’s customer service. Auto Bids may be set only at the following Incremental Bid Increase Amounts:Sales Price $.01 to $1000.00 is $50.00, $1000.00 to $50,000.00 is $250.00, $50,000.00 and up is $1000.00.
(3)Buy It Now. If the Seller of the Equipment has provided a Buy It Now price, this feature allows You to purchase the item for a predetermined set price. This option may not be available for all FairBid Plus Auctions.
(b)Inspections. Sellers have full discretion to permit or refuse inspections of the Equipment. Should You wish to inspect the Equipment, contact FairBid customer service at 855-FairBid or This email address is being protected from spambots. You need JavaScript enabled to view it..">support@fairbid.com.
(c)Winning Bids.
(i)If you are the highest bidder at the close of a FairBid Plus Auction, You will be notified as the winning bidder via email. You are obligated to complete the transaction with the Seller unless (i) the transaction is prohibited by law or regulation, by this Agreement or by any agreement between FairBid and any Seller or (ii) the information posted by Seller with respect to the Equipment contained material errors or inaccuracies.
(ii)Once You have been notified as the winning bidder you will have forty-eight (48) hours (“Payment Period”) to submit payment in full to FairBid. FairBid accepts payments in the form of Wire Transfers, cashiers or certified checks, or ACH Credit.
(d)Equipment Transfers. Upon FairBid’s receipt of payment in full from You, and all documents necessary to transfer title to the Equipment from the Seller, FairBid shall instruct the Seller to make the Equipment available to for retrieval, and You will be provided with the location of the Equipment for retrieval (“Release Notice”). Buyers are solely responsible for arranging for retrieval of the purchased Equipment. Retrieval must occur within ten (10) days of the Release Notice, unless otherwise agreed between Buyer and Seller. Buyer and Seller are responsible to inform FairBid of any change in the timeframe for retrieval of any Equipment Buyer’s Failure to retrieve purchased Equipment by the end of such period due to no fault of the Seller will result in abandonment of the Equipment by Buyer and the voiding of the sale transaction, in which event Seller shall retain title to the Equipment, and all Seller storage costs and a [fifteen percent (15%)] penalty shall be deducted from the amounts paid by Buyer, with the remaining amount refunded to Buyer. Buyer is solely responsible for all title registration, freight and transportation costs with respect to the retrieval (including but not limited to pick-up, shipping and transport) of the purchased Equipment.
(e)Buyer Default. In the event that You fail to remit Full Payment to FairBid by the end of the Payment Period, You shall be considered in default, the Equipment shall not be transferred to You and title shall remain with the Seller. In addition, You will be barred from further use of the FairBid Site.
(f)Seller Default; Release. In the event that Seller cannot or does not provide full title to the Equipment, or if Seller does not make the Equipment available to You for retrieval in accordance with this Section 4, the applicable transaction shall be null and void and the Purchase Price will be returned to You. FairBid shall have no liability or obligation to You whatsoever in the event the transaction is not consummated. YOU HEREBY, VOLUNTARILY AND KNOWINGLY, FOREVER RELEASE AND DISCHARGE FAIRBID, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, OBLIGATIONS, SUITS, LIABILITIES, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND COSTS, EXPERT FEES AND COSTS, AND OTHER LITIGATION FEES AND COSTS) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY TRANSACTION ON OR VIA THE SITE THAT MAY OR MAY NOT BE CONSUMMATED, AND/OR ANY DISPUTES YOU MAY HAVE WITH ANY SELLER, POTENTIAL SELLER OR THIRD PARTY WITH RESPECT TO ANY FAIRBID PLUS AUCTION OR ANY TRANSACTION, WHETHER OR NOT CONSUMMATED, RESULTING THEREFROM.
5. FairBid Marketplace. If You bid for or submit an offer to buy Equipment on the Site in any FairBid Marketplace, You agree to the following terms and conditions:
(a)FairBid shall have no obligations or responsibilities with respect to any FairBid Markeplace transaction and/or the process or consummation of any sale thereon.
(b)With respect only to Make Offer postings, each Make Offer posting is an invitation from Seller to Buyer to submit offers to purchase the Equipment and is not intended to be an auction listing or offer to contract from Seller to Buyer. YOU HEREBY ACKNOWLEDGE AND AGREE THAT (I) SELLER IS NOT OBLIGATED TO ACCEPT ANY OFFER SUBMITTED BY A BUYER FOR THE EQUIPMENT; (II) THAT, IN CERTAIN CIRCUMSTANCES, SELLER MAY BE IN THE PROCESS OF ACQUIRING OR HAS NOT YET ACQUIRED THE EQUIPMENT, AND, THEREFORE, MAY NOT HAVE LEGAL AND EQUITABLE, GOOD AND MARKETABLE TITLE TO THE EQUIPMENT OR HAVE THE RIGHTS TO SELL THE EQUIPMENT AT THE TIME THE MAKE OFFER LISTING IS POSTED; (III) ANY TRANSACTION FOR A MAKE OFFER LISTING SHALL BE ABLE TO BE COMPLETED ONLY UPON WRITTEN CONFIRMED ACCEPTANCE BY SELLER AND CONFIRMATION BY BUYER, AT WHICH TIME SELLER SHALL HAVE LEGAL AND EQUITABLE, GOOD AND MARKETABLE TITLE TO THE EQUIPMENT TO TRANSFER TO BUYER OR HAVE RIGHTS TO SELL THE EQUIPMENT; (IV) ANY MAKE OFFER LISTINGS ARE EXPRESSLY SUBJECT TO THE DISCLAIMERS SET FORTH IN THIS AGREEMENT; AND (V) ANY SUCH AGREMEENT TO PURCHASE THE EQUIPMENT IN A MAKE OFFER LISTING IS MADE SOLELY BETWEEN BUYER AND SELLER.
(c)As FairBid is expressly not acting as the agent for any Buyer or Seller in any FairBid Marketplace posting, FairBid shall have no role whatever in the auction, sale, inspection, payment, title transfer, delivery and/or other processing of the Equipment listed on any posting within any FairBid Marketplace. Buyer and Seller are solely and completely responsible for all such arrangements. ACCORDINGLY, YOU HEREBY, VOLUNTARILY AND KNOWINGLY, FOREVER RELEASE AND DISCHARGE FAIRBID, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, OBLIGATIONS, SUITS, LIABILITIES, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND COSTS, EXPERT FEES AND COSTS, AND OTHER LITIGATION FEES AND COSTS) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN ANY MANNER WITH RESPECT TO ANY FAIRBID MARKETPLACE, AND/OR ANY DISPUTES YOU MAY HAVE WITH ANY SELLER OR THIRD PARTY WITH RESPECT TO ANY FAIRBID MARKETPLACE OR ANY TRANSACTION WHETHER OR NOT CONSUMMATED, RESULTING THEREFROM.
6. FairBid Plus Marketplace. If You bid for or submit an offer to buy Equipment on the Site in any FairBid Marketplace, You agree to the following terms and conditions:
(a)Accepted Offer. If your offer to purchase Equipment in any FairBid Plus Marketplace is accepted, You will be notified via email. You are obligated to complete the transaction with the Seller unless (i) the transaction is prohibited by law or regulation, by this Agreement or by any agreement between FairBid and any Seller or (ii) the information posted by Seller with respect to the Equipment contained material errors or inaccuracies. Once You have been notified that your offer has been accepted, You will have forty-eight (48) hours (“Payment Period”) to submit payment in full to FairBid. FairBid accepts payments in the form of Wire Transfers, cashiers or certified checks, or ACH Credit.
(b)Equipment Transfers. Upon FairBid’s receipt of payment in full from You, and all documents necessary to transfer title to the Equipment from the Seller, FairBid shall instruct the Seller to make the Equipment available to for retrieval, and You will be provided with the location of the Equipment for retrieval (“Release Notice”). Buyers are solely responsible for arranging for retrieval of the purchased Equipment. Retrieval must occur within ten (10) days of the Release Notice, unless otherwise agreed between Buyer and Seller. Buyer and Seller are responsible to inform FairBid of any change in the timeframe for retrieval of any Equipment Buyer’s Failure to retrieve purchased Equipment by the end of such period due to no fault of the Seller will result in abandonment of the Equipment by Buyer and the voiding of the sale transaction, in which event Seller shall retain title to the Equipment, and all Seller storage costs and a [fifteen percent (15%)] penalty shall be deducted from the amounts paid by Buyer, with the remaining amount refunded to Buyer. Buyer is solely responsible for all title registration, freight and transportation costs with respect to the retrieval (including but not limited to pick-up, shipping and transport) of the purchased Equipment.
(c)With respect only to FairBid Plus Make Offer postings, each FairBid Plus Make Offer posting is an invitation from Seller to Buyer to submit offers to purchase the Equipment and is not intended to be an auction listing or offer to contract from Seller to Buyer. YOU HEREBY ACKNOWLEDGE AND AGREE THAT (I) SELLER IS NOT OBLIGATED TO ACCEPT ANY OFFER SUBMITTED BY A BUYER FOR THE EQUIPMENT; (II) THAT, IN CERTAIN CIRCUMSTANCES, SELLER MAY BE IN THE PROCESS OF ACQUIRING OR HAS NOT YET ACQUIRED THE EQUIPMENT, AND, THEREFORE, MAY NOT HAVE LEGAL AND EQUITABLE, GOOD AND MARKETABLE TITLE TO THE EQUIPMENT OR HAVE THE RIGHTS TO SELL THE EQUIPMENT AT THE TIME THE FAIRBID PLUS MAKE OFFER LISTING IS POSTED; (III) ANY TRANSACTION FOR A FAIRBID PLUS MAKE OFFER LISTING SHALL BE ABLE TO BE COMPLETED ONLY UPON WRITTEN CONFIRMED ACCEPTANCE BY SELLER AND CONFIRMATION BY BUYER, AT WHICH TIME SELLER SHALL HAVE LEGAL AND EQUITABLE, GOOD AND MARKETABLE TITLE TO THE EQUIPMENT TO TRANSFER TO BUYER OR HAVE RIGHTS TO SELL THE EQUIPMENT; AND (IV) ANY FAIRBID PLUS MAKE OFFER LISTINGS ARE EXPRESSLY SUBJECT TO THE DISCLAIMERS SET FORTH IN THIS AGREEMENT.
(d)Buyer Default. In the event that You fail to remit Full Payment to FairBid by the end of the Payment Period, You shall be considered in default, the Equipment shall not be transferred to You and title shall remain with the Seller. In addition, You will be barred from further use of the FairBid Site.
(e)Seller Default; Release. In the event that Seller cannot or does not provide full title to the Equipment, or if Seller does not make the Equipment available to You for retrieval in accordance with this Section 5, the applicable transaction shall be null and void and the Purchase Price will be returned to You. FairBid shall have no liability or obligation to You whatsoever in the event the transaction is not consummated. YOU HEREBY, VOLUNTARILY AND KNOWINGLY, FOREVER RELEASE AND DISCHARGE FAIRBID, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, OBLIGATIONS, SUITS, LIABILITIES, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND COSTS, EXPERT FEES AND COSTS, AND OTHER LITIGATION FEES AND COSTS) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY TRANSACTION ON OR VIA THE SITE THAT MAY OR MAY NOT BE CONSUMMATED, AND/OR ANY DISPUTES YOU MAY HAVE WITH ANY SELLER, POTENTIAL SELLER OR THIRD PARTY WITH RESPECT TO ANY FAIRBID PLUS AUCTION OR ANY TRANSACTION, WHETHER OR NOT CONSUMMATED, RESULTING THEREFROM.
6. Taxes. All bids and offers are net of any taxes (including but not limited to sales, use and transfer taxes) imposed with respect to the sale or purchase transaction. Unless otherwise agreed between Buyer and Seller, Buyers are liable for all such taxes or for establishing to Seller’s satisfaction a valid exemption certificate from such taxes. Buyer shall indemnify FairBid against any tax, cost or expense relating to the failure of the Buyer to satisfy any Buyer sales, use or transfer tax or other tax liability related to any transaction on the FairBid Site, including but not limited to FairBid Auctions, FairBid Plus Auctions, FairBid Marketplace or FairBid Plus Marketplace.
7.DISCLAIMERS.Buyer acknowledges and agrees to the following:
(a)ALL EQUIPMENT SOLD THROUGH FAIRBID AUCTION, FAIRBID PLUS AUCTION, FAIRBID MARKETPLACE AND FAIRBID PLUS MARKETPLACE ARE SOLD "AS IS, WHERE IS", WITH NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR TITLE.
(b)FAIRBID DOES NOT INVESTIGATE OR VERIFY WHETHER ANY SELLER HAS LEGAL TITLE TO THE EQUIPMENT REGARDLESS OF HOW SUCH EQUIPMENT IS BEING OFFERED OR SOLD VIA FAIRBID.
(c)FAIRBID DOES NOT PERFORM ANY SEARCHES OR OTHERWISE INVESTIGATE WHETHER THERE ARE ANY LIENS OR OTHER ENCUMBRANCES ON THE EQUIPMENT.
(d)FAIRBID DOES NOT PERFORM ANY INSPECTIONS ON THE EQUIPMENT.
(e)FAIRBID MAKES NO WARRANTY OR REPRESENTATION AS TO THE CONDITION OF ANY ITEM OF EQUIPMENT OR ANY OF ITS COMPONENT PARTS.
(f)ALL INFORMATION, DESCRIPTIONS AND PHOTOGRAPHS OF EQUIPMENT ARE PROVIDED BY SELLERS. FAIRBID MAKES NO WARRANTY OR REPRESENTATION AND UNDERTAKES NO DUTY TO CONFIRM THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN ORAL, WRITTEN, IMAGE OR OTHER FORM TO BUYER REGARDING ANY EQUIPMENT FOR SALE AT AUCTION.
(g)VEHICLES MAY HAVE A SALVAGE HISTORY. FAIRBID DOES NOT WARRANT OR REPRESENT THAT ANY VEHICLES CURRENTLY MEET OR CAN BE MODIFIED TO MEET LOCAL EMISSION AND/OR SAFETY REQUIREMENTS.
(h)FAIRBID DOES NOT WARRANT OR REPRESENT THAT ANY VEHICLES SOLD CAN BE LEGALLY REGISTERED IN ANY STATE OR COUNTRY.
(i)FAIRBID SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY MALFUNCTION OF ANY FEATURE OF THE SITE, INCLUDING BUT NOT LIMITED TO AUTO BID.
8. Prohibited Items. FairBid reserves the right, in its sole discretion, to withdraw any listing from the Site or cancel any transaction that it deems to be suspicious or fraudulent in nature. FairBid will cooperate with authorities to prosecute to the fullest extent of the law any Buyer, bidder, Seller or other party engaged in fraudulent activities while using the Site and/or the Services.
9. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION.
(a)DISCLAIMER. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, EQUIPMENT AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, ARE PROVIDED BY FAIRBID ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE. FAIRBID DOES NOT WARRANT THAT THE EQUIPMENT, SITE OR SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR IN THE SITE WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED, AVAILABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FAIRBID MAKES NO WARRANTY THAT THE EQUIPMENT, SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT ANY EQUIPMENT WILL BE SUITABLE FOR ANY PURPOSE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. FAIRBID MAKES NO WARRANTY REGARDING ANY EQUIPMENT PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES AND/OR THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAIRBID OR THROUGH THE SERVICES OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FAIRBID EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY EQUIPMENT SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY YOU, ANY SELLER OR ANY OTHER PERSON OR ENTITY. FAIRBID HAS NO RESPONSIBILITY WHATSOEVER FOR ANY TYPOGRAPHICAL OR PHOTOGRAPHICAL ERRORS THAT MAY APPEAR ON THE SITE.
(b) USE, POSSESSION, OWNERSHIP, RESALE, STORAGE OR ANY OTHER DISPOSITION OF ANY EQUIPMENT PURCHASED BY YOU IS AT YOUR OWN RISK. NONE OF FAIRBID, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS SHALL HAVE ANY RESPONSIBILITY TO YOU AND/OR ANY THIRD PARTY WITH RESPECT TO THE TITLE, QUALITY, CONDITIONS, FITNESS OR ANY OTHER MATTER RELATING TO THE EQUIPMENT.
(c)LIMITATION OF LIABILITY. IN NO EVENT SHALL FAIRBID BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT; (B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY; AND/OR (C) ANY BREACH OF THIS AGREEMENT, THE TERMS OF USE, THE PRIVACY POLICY OR ANY OTHER FAIRBID POLICY OR PROCEDURE BY YOU OR ANY OTHER PERSON OR ENTITY. IN ADDITION, IN NO EVENT SHALL FAIRBID BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF FAIRBID OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF FAIRBID TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.
(d) Indemnity. You agree to defend, indemnify and hold harmless FairBid, its parents, affiliates and subsidiaries, and their respective officers, directors, members, agents, representatives, contractors, subcontractors, employees, successors and assigns from all claims, demands, liabilities, expenses, obligations and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with: any breach or violation by You of this Agreement and/or the FairBid Terms of Use, Privacy Policy, and all other FairBid policies and procedures, including all representations and warranties contained therein; any use by You of the Site; any disputes or damages arising out of Your use of or agreements formed between You and any Seller or potential Seller through the Site (including via the FairBid Classifieds); failure of title to the Equipment; representations made by You in conjunction with the Equipment; defects in the Equipment; personal injury or property damage; the inherent dangerous nature of the Equipment; and environmental problems caused by, or claimed to have been caused by, You or for which You may be responsible with respect to Your operations and/or the Equipment.
10. General. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their successors in interest. This Agreement shall not be assigned by Buyer. This Agreement shall be construed in accordance with and governed by the substantive and procedural laws of the Commonwealth of Pennsylvania. Any legal action arising from or related to this Agreement shall be brought in the federal or state courts located in or for Delaware County, Pennsylvania, agree to accept service of process by mail and hereby waive any jurisdictional and venue defenses otherwise available. This Agreement, including the Terms of Use and Privacy Policy, contains the complete understanding and agreement of the parties and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein. You and FairBid are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between You and FairBid. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. FairBid's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of FairBid's right to subsequently enforce such provision or any other provisions of this Agreement. In the event of a dispute between the parties regarding or relating to this Agreement, the prevailing party shall have its attorneys’ and professionals’ fees, costs and expenses paid by the losing party. FairBid shall not be liable for any failure or delay in its performance under this Agreement due to act of war, acts of God, earthquake, flood, embargo, riot, sabotage, governmental act, outage of communications (including the Internet or other networked environment), power or other utility, labor problem, unavailability of supplies, extraordinary market conditions or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by FairBid using reasonable care. Any notices provided by FairBid to You hereunder may be sent by confirmed email.