Terms & Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Buyer”) and 4THESELLOFIT, LLC, and its various affiliates (individually and collectively, “4THESELLOFIT, LLC,” “we,” “our,” or “us”). These terms and conditions are in addition to, and not in lieu of, any more specific agreements you may have or make with 4THESELLOFIT, LLC. To the extent there is any conflict between these terms and conditions and other more specific agreements you have signed with 4THESELLOFIT, LLC, those other more specific agreements will control. 4THESELLOFIT, LLC may amend these terms and conditions at any time by posting an amended version on its website, which shall become effective on the date of posting. BY ACCESSING, BIDDING, USING, BROWSING, OR BUYING ON OR THROUGH 4THESELLOFIT, LLC, YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Time is of the essence with respect to all of your duties hereunder.
* You hereby certify and agree that all bidding registration and representative information you have provided to us, via Auctiontime.com, 4THESELLOFIT.com or otherwise, is true, correct, and complete, and you will promptly notify us in writing, via 4THESELLOFIT.com, if there is any change to the information you have provided. Persons under the age of eighteen (18) are not eligible to bid
Terms of Sale:
* You hereby agree to the following terms of sale for each item you buy or sell through 4THESELLOFIT, LLC:
o Buyer is the transferee and agrees to purchase the item; Seller is the transferor and agrees to sell the item. 4THESELLOFIT, LLC is merely the auctioneer or facilitator in the transaction and expressly disclaims any and all express and/or implied warranties as to merchantability, fitness for a particular purpose, or any other matter whatsoever with respect to the item. You hereby acknowledge and agree to satisfy yourself as to the condition and value of an item and the terms of any bid before bidding or selling. You further agree to look to the counter-party Buyer or Seller (as applicable) in such a transaction, and not 4THESELLOFIT, LLC, for any and all legal claims or causes of action.
o All items must sell through the auction process, no pre-sales. Payment is to be received within 3 days of auction closing regardless of your method of finance. Your financing needs to be taken care of before bidding. We are NOT responsible for dealing with your finance company. Our Seller(s) personal information will not be given out and any liens or encumbrances of the items will not be satisfied until the payment is made in full. Items with titles will be issued. Items listed bill of sale only or no title will not come with a title. There is a $50.00 title fee associated with all titled items that will need to be paid before item is released. Titles will be delivered, via certified mail, to Buyer(s) within 30 days of payment made, or, as
soon as practicable following the receipt of the title by 4THESELLOFIT, LLC from the Seller(s), whichever date comes earliest. Buyer(s) will be responsible for all costs of re-sending the title and associated documents if Buyer provides the wrong address.
Payment: - Payment must be made in full before access to item or item location will be released for pick-up. If you do not send payment a formal complaint will be filled with Auctiontime.com and your bidder rights may be terminated. Payment Terms: WIRE TRANSFER OR CASH! Cash is only accepted on items under $1,000.00 or at auctioneer’s discretion. If paying cash, the total amount must be paid before access to the item or its location will be permitted for pick up. Taxes for Oklahoma will be applied to qualifying purchases unless a tax exemption document is provided. It is the responsibility of the Buyer(s) to produce any documentation for tax exemptions. 4thesellofit,LLC We will NOT collect out of state Tax. It is the Buyer(s) responsibility to pay any and all taxes due in the state were the item is delivered. A $10.00 wire fee for domestic wires and a $40.00 wire fee for international applies to all incoming wires. If wire fee is not included the item will not be released until the correct amount has been paid in full. Buyer is responsible for any taxes. Inspection: - You are strongly encouraged to inspect items before bidding. Inspections are by appointment only. 4THESELLOFIT, LLC strives to accurately describe all items, provided, however, that the description of such items is taken from information given by the Seller(s).Please call if you wish to verify details of the items description. Ultimately it is up to you to personally inspect or have a third party inspect on your behalf.
Disclaimer of Warranties:
-UNLESS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN A MORE SPECIFIC AGREEMENT YOU MAY HAVE OR MAKE WITH 4THESELLOFIT, LLC, ALL ITEMS ARE SOLD ON AN “AS-IS” BASIS. 4THSELLOFIT, LLC CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FIRTNESS FOR A PARTICULAR PURPOSE OF ANY ITEM. You hereby agree that the preceding disclaimers of warranty are “conspicuous” disclaimers for purposes of any applicable law, rule or order.
-You hereby agree to indemnify, defend, and hold harmless 4THESELLOFIT, LLC, its successors and assigns, and each of their respective directors, officers, employees, shareholders, members, representatives, independent contractors, and agents, from and against any and all claims, losses, demands, causes of action, debts, or liabilities, including attorneys’ fees, arising out of or relating to: (a) any personal injury or property damage that you may cause, either solely by your own
actions or jointly with others, to 4THESELLOFIT, LLC, and/or any personnel or other customers of 4THESELLOFIT, LLC, or any third parties, or the property of any of the foregoing; (b) The breach or alleged breach of any agreement or obligation hereunder or under any other agreement that you may have with 4THESELLOFIT, LLC; (c) Any transportation claims; (d) Any actions that 4THESELLOFIT, LLC may take as your agent or representative; (e) Your use of any items sold through 4THESELLOFIT, LLC; and, (f) Any liability or obligation, including any caused in part by 4THESELLOFIT, LLC, that may otherwise arise from the Buyer(s) participation in any sale or auction conducted by 4THESELLOFIT, LLC, and your presence at any premises owned or operated by 4THESELLOFIT, LLC.
Waiver and Release of Liability:
-You hereby waive any claim or cause of action that you may have, either now or in the future, against 4THESELLOFIT, LLC, and hereby release 4THESELLOFIT, LLC from any and all liability under such claim or cause of action, in each case to the extent such claim or cause of action arises from or relates to: (a) Your entitlement to the protection of any consumer protection statute, rule or order; (b) Any bidding or disclosure issues that may occur at an auction conducted by 4THESELLOFIT, LLC; (c) Any transportation claim; (d) Any damage to your vehicles left or stored on any premises owned or operated by 4THESELLOFIT, LLC, regardless of compensation paid to 4THESELLOFIT, LLC for such storage; (e) any personal injury or other property damage suffered while on or around any premises owned or operated by 4THESELLOFIT, LLC; and (f) any actions taken by 4THESELLOFIT, LLC as your agent or representative.
Limitations of Liability:
-Under no circumstances will 4THESELLOFIT, LLC, or its directors, officers, employees and agents, be liable to you for any consequential, special, incidental, indirect, punitive, exemplary, or similar damages (including, without limitation, damages for lost revenues or profits, or damages for loss of business), even if 4THESELLOFIT, LLC, or its directors, officers, employees and agents are advised beforehand of the possibility of such damages.
Choice of Law and Consent to Jurisdiction:
-These terms and conditions shall be governed by the law of the State of Oklahoma, where 4THESELLOFIT, LLC maintains its headquarters. In the event that any claim or dispute between you and 4THESELLOFIT, LLC, you hereby agree that non-exclusive jurisdiction and venue for such claims and disputes shall exist in the federal and state courts located in Noble County, Oklahoma. You further agree and acknowledge that you may not file suit against 4THESELLOFIT, LLC in any jurisdiction or venue except Noble County, Oklahoma. Shipping: - All item(s) must be shipped or picked up within 10 business days. If the item(s) are not shipped or picked up within such 10 business day period, a $10.00/day storage fee will be applied. Such storage fee must be paid prior to the item being released. . Once storage fees reach the price paid for the item at auction OR Buyer(s) has not picked up the item within 30 days, unless otherwise agreed to by 4THESELLOFIT, LLC in writing, such item shall be treated as abandoned, and the item may be re-sold, regardless of payment. In such event, payments made on the abandoned item
are non-refundable. All Buyer(s) must contact 4THESELLOFIT, LLC at least 48 hours in advance to schedule pick-up of their item. Pick-up times are generally Monday through Friday 8am to 5pm but can vary by Seller(s) schedule. Weekend and after hour pick-ups are at the Seller(s) discretion. If Buyer(s), or his driver or agent, arrives without scheduling pick-up, the item may not be delivered. Buyer(s) are responsible for the safe and correct loading and transportation of items purchased. Buyer(s) are solely liable for safely and securely transporting such items, through such means as the Buyer(s) deem sufficient. Oklahoma residents are subject to sales tax unless an approved exemption is presented. Thank you and God Bless.