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Terms

This page discusses terms and rules of this site.

Terms and Conditions for Online Auctions
This terms and conditions you must read and agree to before continuing to the bidder registration form.
Click here to continue the registration process

Auction Terms and Conditions
The Bidder(s) and the Auctioneer(s) agree that the terms listed below shall govern each and every online auction sale.
All  registration information the Bidder provides to the Auctioneer shall be  current, complete, and accurate. All bidders must be 18 years of age or  older. The bidder agrees to not use any device, software or routine to  interfere or attempt to interfere with the proper working of any  transaction being conducted on and during any auction sale.
Access  and use of any online auction site of Scottsdale Airpark Auction,  collectively the Site, is subject to any and all specific terms and  conditions set forth on any individual page within the Site and the  terms and conditions of this User Agreement, collectively Site User  Agreement, and all applicable laws and regulations, including but not  limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU,  THE BIDDER, AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF  THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with  all applicable laws, statutes, ordinances and regulations regarding your  use of this Site. Legal action will be taken against anyone violating  the terms and conditions of the Site User Agreement or any other  applicable law or regulation. Auctioneer reserves the right to  periodically change the terms and conditions of the User Site Agreement  and it is the Bidder’s responsibility to periodically review any and all  changes made to these terms and conditions prior to each use of this  Site. By using this site, you, the Bidder, agree in advance to accept  all rules, terms, and conditions, and any such possible changes thereto.
1.  You, the Bidder will be suspended or permanently banned from the Site  if you, the Bidder, provides false information when registering, such as  a false name or fraudulent contact information. You, the Bidder, will  be permanently banned from this Site if you are the successful Bidder  and you do not honor your auction bid. Furthermore, if you do not honor  your auction bid, legal action may be taken against you. Scottsdale  Airpark Auction (hereinafter “Auctioneer”) use of e-mail addresses is  strictly limited to contact Buyers and Owner/Sellers; any use of this  private information by you, the Bidder, is strictly prohibited.
2.  Settlement for payment for purchases must be made by cash, credit or  debit cards, cashiers’ checks, or wire transfer of funds, and made  payable to Scottsdale Airpark Auction unless otherwise noted in a  specific auction's terms and conditions. All sales are subject to  appropriate Arizona state Sales Tax laws. Buyer must acknowledge and  agree not to retract their purchase offer. Buyer shall be responsible  for making all arrangements for merchandise pick-up and/or removal per  specific terms or conditions listed for auction.
3. The descriptions  of item/lots appearing in the auction and in advertising prior to the  auction are believed to be correct. Nevertheless, neither those  descriptions nor any oral statements made by Owner/Seller or Auctioneer  concerning any item/lot shall be construed as a warranty, either express  or implied. ITEM/LOTS ARE ALL SOLD AS IS, WHERE IS, HOW IS, and WITH  ALL FAULTS, known, apparent, or otherwise. Bidder acknowledges that all  item/lots were available for inspection prior to the auction and, by  these terms, Auctioneer and Owner/Seller strongly encouraged Bidder to  carefully inspect each item/lot in which Bidder had any interest to  determine the item/lot’s nature, quality, condition, quantity and size.  All Bidders rely solely on their personal inspection and not on  information listed on the Site or otherwise provided by Auctioneer or  Owner/Seller. Bidder’s failure to inspect, or otherwise to be fully  informed as to the nature, quality, condition, quantity and size of any  item/lot will not constitute grounds for any claim, adjustment, refund,  termination of the contract for sale, or refusal to close the sale,  against Auctioneer or Owner/Seller.
4. The Site User Agreement  constitutes the final expression of the parties’ agreement and a  complete and exclusive statement of the terms of the sale. The IMPLIED  WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND  ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY  EXCLUDED from this sale and transaction and shall NOT apply to the  merchandise that is the subject of these sales. Auctioneer does not have  control over the item/lots that are posted in the Site, and cannot  guarantee the authenticity and quality of said product. Auctioneer is  not responsible for the actions the Owner/Sellers and Buyers take  before, during, and after the auction, typographical errors, misprints,  loss of merchandise/money, damage or failure of equipment, due to your  visit to this auction site. Use of this site is at your own risk. Some  states do not allow the disclaimer of implied warranties, so the  foregoing disclaimer may not apply to you. This warranty gives you  specific legal rights and you may also have other legal rights which  vary from state to state. Legal actions, if any, must be held in  Scottsdale, Maricopa County, Arizona.
5. Despite efforts to avoid the  withdrawal of item/lots from the sale after they are listed it may  sometimes be necessary. Auctioneer and the Owner/Seller reserve the  right to do so at any time before or during the sale. The Owner/Sellers  of property sold through this Site reserve the right to reject any and  all bids in their sole discretion.
6. Buyer will be furnished an  electronic receipt at the conclusion of the sale. Buyer must therefore  provide Auctioneer with Buyer’s current, correct e-mail address and/or  Fax machine phone number, and/or US. Postal Service complete and current  mailing address.
7. Merchandise becomes the full responsibility of  Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage  to property until removed from sale premises. Owner/Seller and  Auctioneer agree that merchandise may remain on the sale premises for a  period of time following the sale. The date by which all merchandise  must be removed from the premises is posted on an auction-by-auction  basis, on the specific auction page. After the final removal date, there  will be a $25.00 per day, per item/lot storage fee charged to the  Buyer. If merchandise is not removed within ten days after the posted  final removal date, the ownership of the merchandise will revert back to  the original Owner/Seller and the Owner/Seller may dispose of or resell  the item/lot at their discretion, with any and all expense required to  do so being that of the original Buyer.
8. No adjustment will be made  with regard to merchandise inventory after item/lot has been removed  from the premises or after the removal date posted by Auctioneer,  whether or not the property has been removed. Auctioneer reserves the  right, for any reason, in their sole discretion, to terminate, change or  suspend any aspect of any auction sale.
9. Auctioneer reserves the  right to resell any property not paid for in full with all funds  received by Auctioneer within five days of the online auction item/lot's  closing date. Failure to pay for item/lots won on this online auction  will result in legal action against Buyer by either the Owner/Seller  and/or the Auctioneer. Further, the Buyer will be banned from any future  auctions. Auctioneer may resell any unpaid-for items with Buyer  responsible for collection and damages resulting from the resale. The  Owner/Sellers of property sold through this web site reserve the right  to reject any and all bids, if they so choose.
10. The final highest  purchaser shall be designated at the end of each auction sale. If a  dispute arises between two or more Bidders, Auctioneer reserves the  right to reopen bidding. Auctioneers designation of the Buyer shall be  final.
11. Bidder accepts responsibility for and agrees to indemnify,  defend and hold harmless each Owner/Seller and Auctioneer and their  employees, governing body, officers, owners, affiliates, subsidiaries,  directors, agents and representatives from and against any and all  claims, losses, damages, liabilities, judgments, fees, costs and  expenses, including reasonable attorneys’ fees and expenses, related to,  arising from or associated with Buyers, his agents or representatives,  use of the Site, including but not limited to personal injuries or  property damage incurred on the sale premises or during removal and  transport of any auction item/lots, and arising out of, based upon, or  resulting from any breach or violation by Bidder of this Site User  Agreement or any use by Bidder of the Site or as a result of a dispute  with another Bidder.
12. Auctioneer is providing services as an  independent contractor for the Owner/Seller only and is not responsible  for statements made by other parties.
13. This Site User Agreement  constitutes a binding agreement between Bidder and Auctioneer until  terminated by Auctioneer, which Auctioneer may do at any time, without  notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction  occurs with the auction sale in any way, Bidder's only recourse is to  immediately discontinue use of the auction Site. Auctioneer reserves the  right to terminate Bidder’s registration and use of the auction Site,  and impose limits on certain features of the auction Site or restrict  Bidder’s access to, or use of, part or the entire Site without notice or  penalty.
14. Auctioneer cannot, and will not, be held responsible  for any interruption in service, errors, and/or omissions, caused by any  means and does not guarantee continual, uninterrupted or error free  service or use of the Site. Bidder acknowledges that this auction is  conducted electronically and relies on hardware and software that may  malfunction without warning. The Auctioneer, in its sole discretion, may  void any sale, temporarily suspend bidding and re-sell any item/lots  that were affected by any malfunction. The decision of the Auctioneer is  final.
15. Auctioneer gathers information about Bidders and  Owner/Sellers for the purposes of conducting online auctions only.  Auctioneer does not, and will not, sell or rent this information.
16.  Auctioneer uses email mailing lists to notify its customers about  online and live auctions. If you are receiving a particular mailing and  wish to discontinue receiving future mailings, simply forward the  received email to Auctioneer to have your name promptly removed from our  list.
17. As a Bidder, placing a bid is a binding contract between  you and the Owner/Seller and the bid cannot be retracted. Once you place  a bid, and if you win, you will be obligated to buy the product at the  said price you indicated as your bid. Placing a bid on this Site, and  winning, then not paying for the product is illegal, and prosecution can  result. The Owner/Sellers of property sold through this Site reserve  the right to reject any and all bids, in their sole discretion. Only the  laws of the State of Arizona shall apply and shall govern all actions  accordingly. Buyer agrees to abide by all such Arizona laws.
18. As a  Bidder you are responsible for any bids placed under your bidding  number and password. The security of your Bidder information is your  sole responsibility as you, the Bidder, will be responsible for any and  all bids placed under your number. If at any time you feel that your  Bidder number and password have been compromised due to lack of security  on your part you must notify Auctioneer immediately.
19. Bidder  agrees that when using the Maximum Bid feature on the Site, you use it  according to the specifications Auctioneer has in place for that  feature. When using the Maximum Bid feature, if you are the current high  Bidder and you want to change your Maximum Bid, you will be required to  place a new bid in the increment designated for that item/lot in order  to raise your Maximum Bid which may cause you to raise your last high  bid by one bid increment. You, as a Bidder, agree to only use this  feature if you understand how the Maximum Bid feature works.
20. You  agree that you will not use any robot, spider, other automatic device,  or manual process to monitor or copy the Site or the content contained  herein without Auctioneers prior, express written permission. You agree  that you will not use any device, software or routine to interfere or  attempt to interfere with the proper working of the Site or any activity  being conducted on the Site. You agree that you will not take any  action that imposes an unreasonable or disproportionately large load on  our infrastructure. You agree that you will not copy, reproduce, alter,  modify, create derivative works, or publicly display any content from  the Site without prior, express written permission of the Auctioneer.  THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND  EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF  TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A  PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND  INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS  APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of  implied warranties, so the foregoing disclaimer may not apply to you.  This warranty gives you specific legal rights and you may also have  other legal rights which vary from state to state.
21. No legal  advice is intended or implied by anything contained within the Site. No  obligation, liability, responsibility, accountability or burden is  undertaken, assumed or otherwise imposed by maintaining the Site.
22.  Any controversy or claim arising out of or relating to this Site User  Agreement shall be settled by binding arbitration in accordance with the  commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual  basis, and shall not be consolidated in any arbitration with any claim  or controversy of any other party. The arbitration shall be conducted in  Scottsdale, Maricopa County, Arizona, and judgment on the arbitration  award may be entered into any court having jurisdiction thereof.  Auctioneer may seek any interim or preliminary relief from a court of  competent jurisdiction in Maricopa County, Arizona necessary to protect  the rights or property of Auctioneer pending the completion of  arbitration. Buyer and Auctioneer are independent contractors, and no  agency, partnership, joint venture, employee or franchiser-franchisee  relationship is intended or created by this Agreement Buyer agrees to  except his choice of law.
23. The Site User Agreement and any  disputes arising out of or related to the Site shall be governed by and  construed and enforced in accordance with, the laws of the State of  Arizona applicable to contracts entered into and to be performed  entirely within the State of Arizona. If any provision of this Site User  Agreement is held to be invalid or unenforceable, such provision shall  be struck and the remaining provisions shall be enforced. Auctioneer’s  failure to act with respect to a breach by you or others does not waive  the right to act with respect to subsequent or similar breaches. This  Site User Agreement sets forth the entire understanding and agreement  between us with respect to the subject matter hereof.
24. All parties agree with this terms.
Your use of this auction site marks your acceptance in full of these Terms and Conditions.
Click here to continue the registration process
© Copyright, 2010-2019 Airpark Auction


Scottsdale, AZ 85254

480-619-9923  
airparkauctions@gmail.com


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