Meijer Liquidation Auctions Terms of Purchase
Last Updated: August 27, 2018
- Agreement. This Agreement governs the purchase of merchandise made available by Seller, in its sole discretion, Merchandise purchased by Buyer subject to availability will be sold and purchased at the price specified in the bid accepted through the Site and upon the terms herein. SELLER SPECIFICALLY OBJECTS TO THE INCLUSION OF ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS BY BUYER IN ACKNOWLEDGING OR ACCEPTING THIS BID, and no purchase order or other documentation issued by Buyer will alter this Agreement. By checking “I agree to the Terms of Purchase” box and clicking on the “I Accept” icon each time you log into the Site, you accept and agree to be bound this Agreement.
- Price, Payment and Delivery. Merchandise will be sold in accordance with the auction process set forth on the Site. All sales are final. No return or refunds are allowed. Merchandise is sold is subject to up to 5% quantity variance per order. Buyer must notify Seller in writing of any merchandise that is delivered with a above and beyond the 5% order variance. Buyer shall have no recourse for discrepancies below 5% variance or for discrepancies not noticed pursuant to this Section 2 within 5 business days. If seller, acting reasonably and in good faith, agrees that an under-delivery and/or damage has occurred greater than 5%, based on the listed retail value of the auction, seller will reimburse you in an amount equal to the approved discrepancy. By way of example, if Buyer wins an auction and pays a winning bid of $1,000, and the shipment is missing an item that is 10% of the value of the auction, seller will issue Buyer a reimbursement in the amount of $100 (i.e., 10% of the of the listed retail value of the auction). Such reimbursement may be in the form of an offset against any amount you may owe to seller or a credit to your B-Stock account. Following the five (5) business day inspection period, you shall no longer have the right to claim any reimbursement for under-delivery/damage. Buyer shall be responsible for payment of the purchase price, shipping, storage and handling costs, all applicable taxes and any other expenses incurred in connection with its purchases. Merchandise is sold as-is, where-is, carriage terms F.O.B. Seller’s designated distribution facility. Risk of loss and title shall pass to Buyer upon delivery to Buyer’s carrier. Buyer will be solely responsible for all costs of transportation and insurance from Seller’s distribution center.
- Acceptance and Shipment of Merchandise. If your bid is deemed the winning bid at the end of an auction for merchandise, you agree to promptly purchase and immediately arrange for shipment of the merchandise. You will be contacted within 5 days after payment of the purchase price to schedule for the delivery of the merchandise. Buyer shall provide carrier information and all other requested information to facilitate prompt delivery of merchandise. Buyer will be responsible for all shipping costs related to the delivery of merchandise. If Buyer fails to take receipt of merchandise within three (3) days of a completed purchase of the merchandise, Seller may choose to keep the merchandise and relist such merchandise on the Site, and refund to you the purchase price less (i) a storage fee of 10% of the purchase price per day held at Seller’s distribution center and (ii) a restocking fee of $300.
- Resale Restrictions. Buyer shall not re-sell Seller’s private label products sold hereunder to any customer (whether business or consumer) either doing business or located in Michigan, Ohio, Indiana, Illinois, Wisconsin, Kentucky, California, Vermont, Washington, Oregon and Maine. Further, Buyer shall not market any merchandise that are Meijer’s own private label products through any print, internet or other marketing channels available to the public. Any buyer found to be in violation of this provision may be denied further access to meijer.bstock.com.
- Cancelled Bids and Purchase. There may be certain bids and purchases that Seller is unable to accept and must cancel. SELLER RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REFUSE OR CANCEL ANY BID OR PURCHASE FOR ANY REASON AT ANY TIME. In the event that bids for merchandise are incorrectly listed or are listed with incorrect information due to an error in quantity or other product information, Seller shall have the right, at its sole discretion, to refuse or cancel any purchases placed for such merchandise. In the event that a bid or purchase is cancelled, Buyer will be notified of such cancellation.
- Other Conditions. Seller will not be liable for any non-performance or delay in performance caused solely by a strike, lockout, riot, war, insurrection, act of God or public enemy and Seller will have the right to terminate this Agreement without any liability to Buyer.
- Indemnity. Buyer shall indemnify, defend and hold harmless Seller and BStock and their respective subsidiaries, affiliates, officers, directors, agents, and employees, from any claim, demand, action, losses and/or costs, including reasonable attorneys' fees, due to or arising out of (i) Buyer’s use of the Site, (ii) any sale, use or handling of the merchandise or (iii) any breach of this Agreement. The indemnity obligation under this Section 8 shall survive each purchase transaction hereunder.
- Warranty Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE MERCHANDISE ARE PROVIDED TO BUYER "AS IS", “WITH ALL FAULTS” AND "WHERE IS" AND SELLER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE MERCHANDISE OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE MERCHANDISE’S CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BUYER’S USE OF THE SITE IS AT ITS SOLE RISK. SELLER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF GOODWILL, CUSTOMERS OR PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, EXCEED THE PURCHASE PRICE PAID BY BUYER TO SELLER FOR THE MERCHANDISE AT ISSUE. SELLER SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT SELLER CORRECTS PRIOR TO THE PURCHASE OF THE MERCHANDISE TO WHICH THAT LISTING APPLIES. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties. Therefore some of the limitations set forth in this section may not apply to you.
- Confidentiality. The terms and conditions of this Agreement and all orders submitted hereunder shall be kept strictly confidential by the Buyer; provided, however, Buyer may make disclosure to those required for the implementation of this Agreement, and to its auditors, attorneys, financial advisors, lenders and prospective lenders, investors and prospective investors, provided that in each case the recipient agrees in writing to be bound by the confidentiality provision set forth in this paragraph.
- Applicable Law; Dispute Resolution. This Agreement will be governed by, and interpreted according to, laws of the State of Michigan. Any controversy or claim arising relating to any Order will be determined only by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The dispute will be heard and determined by one arbitrator if the claim is less than US$1 million (exclusive of interest) and three arbitrators if the claim is US$1 million or more (exclusive of interest), at least one of whom will be an attorney. If there are three arbitrators, the parties agree that one arbitrator will be appointed by each of the parties, and the third arbitrator will be appointed by agreement of the party-appointed arbitrators. No arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; (ii) award punitive damages or any other damages not measured by the prevailing party’s actual damages; or (iii) order consolidation or class arbitration. Further, the arbitrators must give effect to any limitations on either party’s liability stated in this Agreement or in any applicable tariff, law, or regulation. The arbitration will be in Kent County, Michigan. The arbitration hearing will be held within 120 days of the date of the initial or preliminary hearing or conference. Any judgment on the award rendered by the arbitrators will be final and may be entered in any court having proper jurisdiction. The existence or results of any arbitration and any evidence presented during the course of the arbitration is considered Confidential Information.
- Complete Agreement. Seller has not made any promises or representations to Buyer, and Buyer has not made any to Seller, that are not in this Agreement. Any change in, or waiver of, any provision of this Agreement must be contained in a writing signed by the parties.