1. PREFACE

The services provided by SellSalvage through the SellSalvage website or any other venue are governed by these terms and conditions. Upon registration as either a buyer or seller, you agree to all terms and conditions, bidding policies, listing policies and fee schedules contained on this website, and through links on this page. If you do not agree to and accept all of these terms and conditions you are hereby prohibited from using this site and any of the services provided by SellSalvage.

These terms and conditions may be amended at any time and will be posted under the Terms and Conditions link on the website. All amended terms and conditions are effective 30 days after they are amended and your continued use after such time indicates your acceptance of the amended Terms and Conditions. You are required to periodically (every 30 days) review the Terms and Conditions for any updates or changes.

This site acts as a venue for sellers to conduct auctions and for bidders to bid on sellers auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. This website shall not be responsible for any items sold by auction, for any damage to items during transit or during the inspection period, nor for any misrepresentations and/or breaches of contract by either the buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.


2. GENERAL


You agree that if you fail to abide by any of the policies or terms and conditions of this site, your account will be suspended and/or permanently removed and you will be banned from any further participation on this site. As a user, you may not interfere with the sites operation in any manner. You may not continue to use this site if your account has been suspended. You may not sign up with a different account/username if you have been banned/suspended under a different username. You may not offer to buy or sell to users outside of the SellSalvage site any items that have been listed in an attempt to circumnavigate SellSalvage fees. You agree all dates and times will be based on the posted date and time on the SellSalvage site. You agree that you are 18 years of age and that you have not misrepresented or falsified your identity including but not limited to contact information, email address and legal name. You agree that any changes in contact information will be updated on your account profile page and that you will continue to have a valid working email address on file with SellSalvage through your member profile as this is the primary form of contact for users and the SellSalvage staff. Please take care to allow all SellSalvage email through your spam filter. All email from sell salvage will be in this form: *@sellsalvage.com. If you enter this in your filter as trusted email, all SellSalvage.com email will pass through your filter. You agree that you will not publish any user information obtained from this site anywhere outside of this site. You agree not to threaten other SellSalvage users, use profanity (or any other vulgarities, hateful, racist or sexual remarks), interfere with other users transactions or send any unsolicited (spam) emails or messages to other users. It is acceptable for sellers to end a listing early, cancel an auction or reject the high bid from the buyer. In no case may a user interfere with, block, or modify any SellSalvage content or pages.


3. SELLSALVAGE DEFINED AND AGREEMENTS BETWEEN USERS AND SELLSALVAGE

SellSalvage acts only as a venue for sellers to list items for sale and buyers to bid on items. SellSalvage is an automated auction website in which we have no involvement in the transaction between the buyer and seller. We are neither an agent of the buyer or of the seller and no agency exists between buyer or seller and SellSalvage. Any and all agreements between the buyer and the seller are only between the buyer and seller. SellSalvage has no knowledge of nor makes any warranties, representations, direct or implied, about the accuracy or legality of the listings and the accuracy or legality of the agreements between the buyer and seller. SellSalvage cannot guarantee that the sellers or buyers have the ability (legal or otherwise) to complete the transaction. SellSalvage is not responsible for any errors and omissions in the listings or any failures between buyer and seller to complete a transaction. You also agree if SellSalvage becomes involved in disputes it is their sole discretion as to the appropriate course of action. In these cases, you agree to allow SellSalvage to act as a mediator and all decisions by SellSalvage are final and without recourse.

If you are a preferred seller, you agree to the addendum to these Terms and Conditions and to this sites listing policy. This addendum will be kept on file at the SellSalvage offices or posted herein.

4. AGREEMENT BETWEEN BUYER AND SELLER

For any transaction between buyer and seller on the site, buyer and seller agree as follows:

1. All items listed on the site are sold "as-is, where is" with no warranties of any kind, express or implied.

2. Due to the nature of salvage and the companies that sell salvage, the seller reserves the right to accept or reject any and all bids. The seller may, at his option, sell the salvage locally or outside the auction site and end the auction early without explanation. The buyer agrees that if he has the high bid, it is NOT a guarantee of purchase of the item listed for sale. Confirmation of bid acceptance must come from the seller.

3. The buyer agrees that any and all bids placed by the buyer are binding. Buyer agrees that he is financially and legally able to make payment and complete the transaction. Please review the Bidding Policy in addition to these terms.

5. DISPUTES AND LIMITATION OF LIABILITY BETWEEN BUYER AND SELLER

All disputes must be resolved between the buyer and seller. SellSalvage is not involved in the transactions or agreements between buyer and seller therefore you agree to release SellSalvage from any and all claims, demands, and damages arising out of any transactions on this website. If you reside in a state with laws inconsistent with the wording in these Terms and Conditions, you waive your right to pursue any claim under that particular state law.

Both Buyer and Seller agree that in no case shall buyer or seller be liable for any punitive, indirect, incidental or other type of damages arising out of a transaction and as a result damages for such a transaction cannot exceed the purchase price of the purchased item plus reasonable costs incurred for transportation or storage charges.

Any claims of damage or misrepresentation must be made by the buyer TO THE SELLER within 24 hours of the pickup date or the next business day if this falls on a holiday or weekend. After this, buyer waives any and all rights to make a claim against the seller for any and all misrepresentations.

6. LISTING AND BIDDING REQUIREMENTS

The buyer agrees that any and all bids placed by the buyer are binding. Buyer agrees that he is financially and legally able to make payment and complete the transaction upon acceptance of the bid by seller. All bidders are subject to the SellSalvage Bidding Policy and this must be reviewed and agreed upon prior to bidding on an item on the website. Buyer agrees that seller may reject high bid within 7 days of auction close. Buyer agrees that bids are non-retractable.

The seller must have the authority to sell any items it lists for sale on the website, free and clear of any liens or encumbrances. Seller agrees to provide accurate information for each item listed for sale. All listings are subject to the SellSalvage Listing Policy and this must be reviewed and agreed upon prior to listing an item on the website. Seller may cancel the listing at any time without notice and may reject any and all bids within seven days (168 hours) of auction close. Seller agrees that any bids not rejected within 7 days will be automatically accepted by the sites software therefore forming a binding contract to sell the item to the high bidder.


The seller must not sell any items prohibited by law. It is the sole responsibility of the seller to comply with all state and local laws governing the sale of the salvaged item. If any licenses are required to purchase salvaged items, it is the responsibility of the seller to obtain copies of those licenses from the buyer prior to concluding salvage transaction. Seller agrees to provide buyer with a copy of the insurance damage appraisal if available and only if required by state law or DMV for processing.


7. FEE SCHEDULE & PAYMENTS

SellSalvage fees for both buyer and seller are set forth in the Fee Schedule SellSalvage may change its fees at any time by posting such change on the website and through email notification to all site users. Active listings will not be affected when fees are changed as the fees are applied at time of listing. Buyer fees could change during an auction, given the format of the auctions. In the event a buyer fee changes, the buyer may request via email to SellSalvage and a refund shall be given between the prior fee and the changed fee only if the buyer had already bid on an item at the time the fee was changed. Site fees are due upon receipt of invoice from SellSalvage. All buyers and sellers are responsible for paying all fees due in a timely manner.

All buyers are required to issue payment to the seller, as set forth in the sellers listing details. Failure to do so may result in suspension of the buyers account. If a buyer fails to perform and issue payment to the seller, SellSalvage at its sole discretion, may impose on the buyer a renege fee $500.00 plus the normal buyers fee (based on bid price). This renege fee, plus any other collection costs, including attorney fees, are payable to SellSalvage via accepted forms of payment.

There may be an application fee to apply to become a seller. This fee may be waived by SellSalvage at our sole discretion. This fee is non-refundable if your application has been denied due to incompleteness.

8. PAYMENT FOR ITEMS AND PICKUP OF ITEMS

Payment terms and pickup/delivery will be per the listing agreement, prepared by seller, noted in the item auction. In the absence of the same, it is agreed by the buyer that payment is to be made within 2 business days of auction close and award notification. Award notification is defined as the point when the seller accepts the high bid and the buyer is sent the SellSalvage "Won Item" notification email. Buyer will be responsible for all local, county and state sales tax applicable regarding the sale of salvage.

The pickup date/time will be the date by which the buyers are required to pickup the item, after which buyer may be subject to penalty and any storage charges incurred. This date, unless otherwise noted in listing will be 7 days from the auction close and award notification. Pickup cannot be made prior to payment from the buyer to the seller. There may be penalties applied to late pickups. In addition to the late pickup fees, buyer will be responsible for any and all storage charges incurred as a result of late pickup.

Any items not picked up within 30 days of auction close will be considered abandoned by the buyer and buyer will forfeit all rights to the property and any funds paid.

9. USER SIGNUP, MEMBERSHIP & RESPONSIBILITIES

SellSalvage reserves the right to request additional information from any users. Also, as minors cannot form binding contracts, you state that you are at least 18 years of age. You agree that the information you provided to SellSalvage is correct and you will update this information as it changes. You are solely responsible for your conduct on this site under your username therefore you agree to keep your username and password confidential. You are prohibited from sharing your account with other users. Each user is required to have their own account, username and password. Unauthorized sellers are not permitted. If we determine you are an unauthorized seller, we may suspend your account at any time and for any reason. SellSalvage reserves the right to suspend and/or terminate any user at any time for any reason.

All users agree to comply with all state, federal and local laws regarding their use of of the SellSalvage website. You agree not to use this site in any malicious manner or post inappropriate comments or images. You also agree not to harass or intimidate any users or act in any way that will affect the functionality of this site.

You agree that default signup is to become a buyer only unless you enter the preapproved signup verification code. You may apply to become a seller or preferred seller through the SellSalvage application process. Please contact us via email on the contact us page after your initial sign up. There may be a one time, non-refundable application fee to become a seller. This fee may be waived. Please understand that SellSalvage will not approve applications for individuals to sell items. SellSalvage primarily provides sellers accounts for insurance companies, insurance adjusters, third party administrators, large self insureds and large salvage yards. We may consider other entities at our sole discretion. It is the authority of SellSalvage and it will be our sole discretion whether or not to approve a seller account.

10. PREFERRED ACCOUNTS

SellSalvage provides discounts on seller accounts called preferred accounts. It is the sole discretion of SellSalvage whether to provide these discounts to users or to discontinue them at any time with email notification. As a preferred member, you agree that you will charge your customers the posted fees listed under site fees (plus any direct transaction costs such as credit card fees) and contained in our Fee Schedule. You agree to provide your customer with a high level of professional service and to handle their salvage in a responsible manner. You agree to collect salvage funds, verify these funds and provide these funds (after clearing the bank) to the customer. You also agree to work in a manner that does not compromise the integrity of the auction system.

11. DISCLAIMERS & LIMITATION OF LIABILITY OF SELLSALVAGE

SellSalvage does not make any warranties, expressed or implied as to this sites functionality. SellSalvage expressly denies claims for any misrepresentations or problems caused by any buyer or seller. SellSalvage does not guarantee continuous uninterrupted access to this site. SellSalvage assumes no responsibility and in no event shall SellSalvage be liable for any loss or damages arising out of your use of this site.
The information provided by sellers on each item is accurate to the best of the sellers knowledge. SellSalvage Inc. and its users expressly deny the accuracy or completeness of any and all information, written, verbal or other. The damage description and other information is provided as accurately as possible, however, given the nature of salvage and the fact that the type and extent of damage is many times identified by a third party, it is possible for missed and/or hidden damages as well as unintended misrepresentations.
All items sold are sold AS IS, WHERE IS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, ON ANY ITEM SOLD, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF TITLE OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

SellSalvage and its sellers do not guarantee that any item sold can be licensed or legally titled in the buyers state, or any other state. It is the buyers sole responsibility to research such laws with the appropriate licensing/titling agency.

SellSalvage and its sellers will not be held liable for any export/import issues to those buyers wishing to transfer items to foreign countries. It is the responsibility of the buyer to comply with customs import/export procedures and any fees associated with this transfer will be paid by the buyer.

12. INDEMNIFICATION

You shall indemnify, defend and hold harmless SellSalvage, its subsidiaries and affiliates, and their respective officers, directors, employees, agents and third party suppliers from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys fees), brought by or on behalf of any person or third party, against SellSalvage that arises out of any cause or case.

13. ADDITIONAL TERMS AND CONDITIONS, POLICIES AND FEE SCHEDULE

The following Policies and other references are incorporated into these Terms and Conditions by reference:

Listing Policy

Bidding Policy

Fee Schedule

Privacy Policy

Each of these Policies and the Fee Schedule may be changed at any time and without notice. Any such changes will be effective after we post the changes on the website. You agree to check the policies on occasion (every 30 days) and note any changes. You also agree that you are subject to any posted rules applicable to this website.

14. LINKS AND ADVERTISEMENTS

Our Site may contain links to or advertising of other sites and services. These sites and services are not controlled by SellSalvage therefore use of these sites and services will be at your own risk.

15. TERMINATION OF USAGE

These Terms and Conditions will remain in force until terminated by either you or SellSalvage. If you disagree with these Terms and Conditions, your sole remedy is to terminate your use of the SellSalvage site. Upon termination of these Terms and Conditions, all obligations of either party set forth herein which relates to transactions by such parties prior to such termination shall survive such termination and continue in effect. You agree that this website, in its own discretion, may terminate any auction or use of the service immediately and without notice.

16. PRIVACY POLICY

Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.

17. APPLICABLE LAW AND LEGAL DISPUTES VENUE

This Site is controlled by SellSalvage from its offices within the State of Nebraska, United States of America. The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of Nebraska without regard to any conflict of law provisions. We make no representation that the content in our site is legal for access outside of the United States of America.

You agree that any legal action arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts of Brown County, Nebraska, United States of America, and that you hereby consent and submit to the exclusive jurisdiction and venue of these courts. No action arising under or relating to these Terms and Conditions may be brought by either party more than two years after the cause of action has occurred.


18. ATTORNEYS FEES

The prevailing party in any action, claim or lawsuit brought pursuant to these Terms and Conditions is entitled to payment of all attorney fees and costs expended by such prevailing party in association with such action, claim or lawsuit.

19. COPYRIGHT AND TRADEMARKS OF SELLSALVAGE

SellSalvage and the SellSalvage logo are trademarks of SellSalvage, Inc. All materials contained on or in this Site (www.SellSalvage.com) are the sole and exclusive property of SellSalvage or its licensors. Except as expressly permitted hereby, the use of any such property for any other purpose, or the modification, distribution or republication of such material without the prior written permission from SellSalvage, is strictly prohibited. Copyright� 2008, SellSalvage, Inc.

20. NOTICES

Notices shall be given to SellSalvage by e-mail through the contact us form or support suite and by certified mail to SellSalvage, PO Box 65, Long Pine, Nebraska 69217 (USA). Notices to you will be sent by e-mail to the e-mail address given at the time of registration on the SellSalvage website. Notices to you shall be deemed to have been received 24 hours after the e-mail is sent.

21. MISCELLANEOUS

(a) Entire Agreement. These Terms and Conditions constitute the entire agreement.

(b) No Agency or Relationship. These Terms and Conditions do not create any agency, partnership, joint venture, or employment relationship between you and SellSalvage. Neither party shall have any right, power or authority to assume, create, or incur any expenses, liability, or obligation on behalf of the other part.

(c) Waiver. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute our waiver of such right or provision.

(d) Successors. All of the terms, agreements, covenants, representations, warranties, and conditions of these Terms and Conditions are binding upon and are enforceable by the parties and their respective successors and assigns.

(e) Severability. The provisions of these Terms and Conditions shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof, provided that any provision of these Terms and Conditions are invalid or unenforceable in any situation or in any jurisdiction will not affect the enforceability of the remaining terms and provisions hereof or the enforceability of the offending term or provision in any other situation or in any other jurisdiction.