By registering on Bestpricepallets.com as a buyer or using our Site and services, you agree that you have read, understand and accept these Buyer & User Terms and Conditions (the “T&Cs ”). The T&Cs govern:
(i) purchasing surplus and other assets (“ Assets”),
(ii) transaction settlement and other related services ( “Services”), and
(iii) any disputes arising from our services. We may amend these T&Cs at any time by posting the changes on our Site. Your continued use of this Site or our Services after our posting of any changes will constitute your acceptance of such changes.
Any issues in use of our Site or our Services should be directed to Customer Service, as follows:
https://bestpricepallets.com/contact-us
We note that specific Seller Terms and Conditions may apply to each specific sale on our Site. These are set by the specific Seller in such sale and such Seller Terms and Conditions apply to the specific terms of the sale transaction between the Seller and you. Any Seller Terms and Conditions can be found on the relevant listing page and/or event page.
1. Introduction
We provide surplus asset management, valuation, and sales solutions for surplus and other assets (each an “Asset” and, collectively, “ Assets”).
Each specific sale of Assets includes additional terms specific to that sales event that are described. Each sale incorporates by reference these T&Cs. The more stringent or specific additional terms and conditions of a sale take priority over these T&Cs if a conflict arises between them, except to the extent such additional terms and conditions adversely affect bestpricepallets.com or would result in a breach of these T&Cs.
2.Rules for Buyers and Users
When buying an Asset, you agree to these rules:
· You must provide us an accurate and verifiable mailing and physical address, telephone number, email address and other requested information;
· You must be a real person, business or legal entity;
· If you are an individual, you must be at least eighteen (18) years of age and able to enter into a legal contract;
· If you are doing business on behalf of a business or legal entity, you must have authority to enter into a legal contract on behalf of that business or legal entity;
· Each purchase is irrevocable. If you purchase you accept the price for the Asset;
· You are responsible for reading the full Listing before making a purchase;
· You may not copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from our Site or our Services;
· You must comply with all laws and regulations applicable to the purchase of the Assets and their later transport, use, resale or export
· You may not engage in bribery, which we define as giving or offering anything of value in exchange for any unfair economic advantage, and not receive from any employee of ours anything of value in exchange for an unfair economic advantage;
· · You are responsible for all puchase placed from your account.
3. Access to our Services and Site
3.1 Reservation of Rights . We reserve the right to do any of the following up to the time the Assets are removed:
· withdraw any Assets offered for sale;
· delay or rescind the sale of any Asset for any reason;
· delay and/or condition removal from the premises subject to such conditions as we think fit to impose if, in the Seller’s opinion or our opinion, removal of any Assets or part thereof will be likely to cause serious damage to the seller’s premises or any other damage which the buyer is either unable or unwilling to rectify or if any removal is being done without an approved method statement and/or risk assessment where such a statement or assessment is required;
· delay or rescind a transaction if any party should claim possession of or title to all or part of an Asset prior to its removal from the Seller's premises;
If any of the above occur, our liability is limited to only return of the purchase price and any Buyer’s Premium (as defined in 5.9 below) paid for the Assets.
We reserve the right to do any of the following at any time:
· accept or reject all orders;
· limit the order amounts proposed by you, either alone or in the aggregate;
· refuse to do business with any party, including existing and former customers, buyers and sellers;
· limit, suspend, restrict or terminate our Services, your account, your access to our Site and your activities on our Site with or without cause or notice to you;
· limit or cancel quantities purchased per person, per business, per household or per order;
· reject any order ;
· revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment received.
3.2 One Registration . A limit of one registration per business or individual will be enforced on our Site. We may deactivate duplicate accounts. Please contact customer service if you have multiple accounts. In such cases, we must approve the use of multiple accounts in writing and in advance. Further, a default by one account will automatically impact the related second account except as waived by us in writing.
3.3 Restricted Parties. You represent that you and any business or party for which you are acting as an agent are not listed on the U.S. Department of Commerce Denied Persons , Entity or Unverified Lists , the U.S. Department of State’s Debarred and Nonproliferation Lists , or the Specially Designated Nationals List , any European Union Sanctions List , the United Kingdom HMT List , any United Nations Sanctions List , or similar or successor lists, (collectively, the “Restricted Party Lists”) and that if it is discovered that you were on a Restricted Party List, or are an agent for a party on any Restricted Party Lists, any sale is void, and you are liable to us for all damages resulting from your misrepresentation.
You represent and warrant you are not in an embargoed country nor are you acting on behalf of the government or any person in an embargoed country. The list of embargoes can be found on the US Treasury Website . This list may change occasionally without advance notice.
Reservation of Rights . We reserve the right to do any of the following up to the time the Assets are removed:
· withdraw any Assets offered for sale;
· if Assets have been grouped together for sale as a single unit (a “ Lot”), combine (including in bulk), sub-divide, alter or amend any Lot;
· delay or rescind the sale of any Asset for any reason;
· delay and/or condition removal from the premises subject to such conditions as we think fit to impose if, in the Seller’s opinion or our opinion, removal of any Assets or part thereof will be likely to cause serious damage to the seller’s premises or any other damage which the buyer is either unable or unwilling to rectify or if any removal is being done without an approved method statement and/or risk assessment where such a statement or assessment is required;
· delay or rescind a transaction if any party should claim possession of or title to all or part of an Asset prior to its removal from the Seller's premises;
If any of the above occur, our liability is limited to only return of the purchase price and any Buyer’s Premium (as defined in 5.9 below) paid for the Assets.
We reserve the right to do any of the following at any time:
· accept or reject all orders;
· limit the order amounts proposed by you, either alone or in the aggregate;
· refuse to do business with any party, including existing and former customers, buyers and sellers;
· limit, suspend, restrict or terminate our Services, your account, your access to our Site and your activities on our Site with or without cause or notice to you;
· limit or cancel quantities purchased per person, per business, per household or per order;
· reject any order;
· revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment received.
We may also modify or discontinue part or all of our Services at any time. We may also condition an order on:
· you providing us with credit information
· you fund earnest money for an order with us, or
3.4 Fixed Price Transactions. Transactions on our marketplace specify a fixed price purchase transactions
3.5. Not Mass-Market License . Given that our Site and Services are most suitable to businesses or individuals with experience in purchasing through online sites (i.e., not for personal, family or household use), any rights to use our Site and Services are not mass market or consumer licenses.
3.6 Restrictions on use of the Site . As a condition of your use of the Site, you shall not:
· upload, post, email, transmit or otherwise make available any content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
· impersonate any person or entity, including, but not limited to bestpricepallets.com falsely state or otherwise misrepresent your affiliation with any person or entity;
· use the Site in any way that violates any local, state, provincial, federal, national or international law or regulation or that is prohibited by these T&Cs;
· use the Site in any manner that could damage, disable, overburden, or impair the Site;
· use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Site and the Service;
· take any action that imposes an unreasonable or disproportionately large load on the Site or our infrastructure;
· interfere with or disrupt any computer networks involved in the provision of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
· interfere with any other party's use of the Site;
· use the Site in such a way as to gain unauthorized access to the computer systems of others;
· sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Site, including, but not limited to, your user account and password; or
· use spiders, crawlers, robots or any other similar means to access the Site or substantially download, reproduce or archive any portion of the Site, or otherwise engage in any data-mining activities using the Site or in any commercial use of the information obtained through the Site.
5. Payments
If you are a Buyer, you agree to make payment for the total transaction on time, including the stated Buyer’s Premium( if apply), shipping costs(if apply), any other amounts specified in the Listing, and all taxes due, if applicable. We may issue invoices in electronic form by email.
5.1 Timing of Payment . Unless you have a cash payment appointment, you will need to complete the invoice/send funds till the pre-determined due date set by your sales representative.
5.2 Set-Offs . We reserve the right to set-off any fees or other amounts you owe us for any reason from any of your funds in our possession or that are paid or received from you for one or more purchases of Assets.
5.3 Currency of Payment . Payment shall be made in the currency specified on the relevant listing. Any bank charges in respect of conversion or transfer of monies shall be met by the buyer.
5.4 Forms of Payment . Unless otherwise specified in a sale, or on our Site, acceptable forms of payment include PayPal®, VISA®, MasterCard®, American Express®, cashier’s check, money order, wire transfer and company check with a bank letter of guarantee.
5.5 Credit Cards . on our Site, a valid credit card must be entered during order submission regardless of the form of payment. Unless otherwise specified by a Listing or a marketplace, credit cards and PayPal accounts may be accepted for up to $5,000. We reserve the right to restrict newly registered buyers from using credit cards and we might require a different form of payment. No charges will be made to the credit card until the sales event has been closed and a Winning Buyer has been determined. We reserve the right to charge a $25.00 fee for any rejected credit card transaction.
5.6 No Third-Party Funds . Except with a cashier’s check or money order from a financial institution or as otherwise approved by us in advance in writing, all funds must come from you and we will not accept third party funds of any kind.
5.7 Charge-Backs . If you attempt to rescind a credit card transaction without our express advance written consent (i.e., a “charge-back”), then we may immediately and permanently de-activate your account in our discretion. If you perform a charge-back after receiving the Assets, we may file charges with the appropriate law enforcement agency and reserve the right to pursue all remedies available to us to recover any incurred damages.
5.8 Buyer’s Premium . . Usually your Buyer’s Premium is a taxable amount, as it represents the market making Services that you receive from our Site and will be taxed at the appropriate rate
6. Inspection of Assets
6.1 Inspection . Some items permit inspection prior to or during ordering. Sometimes, inspection requires an advance appointment or viewing Assets at specified public viewing times. Unless otherwise stated in a Listing every Asset offered for sale is used and may contain defects. If you order without having inspected the Assets, you do so at your own risk. In the event, you are permitted to inspect the Assets, you must satisfy yourself with the condition of the Assets prior to purchase and you are not permitted to make any claim in respect of the Assets. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate Assets for your needs. Where advance inspection is prohibited, you must submit a dispute to the seller and us prior to removal of the Assets, regardless whether you or a third-party carrier picks up the Assets or arranges transportation. No disputes will be processed after removal of the Assets from our facility.
6.2 Personal and Property Risk . Persons attending during exhibition, inspection or sale of Assets assume all risks of damage of or loss to their person and property and specifically release the seller from any liability and are obliged to comply with all relevant health and safety obligations.
7. Delivery of Assets
7.1 Shift of Risk of Loss and Title Transfer . Unless specified otherwise in a Listing, delivery of the Assets is Ex Works the location of the Assets and title to the Assets will transfer to the buyer following receipt of all funds and upon removal of the Assets from the facility where the Assets are located (“ Removal Location”). Buyer is responsible for all title, registration, freight and transportation costs and shall use the Assets in accordance with all applicable laws.
7.2 Removal of Purchased Property . You agree to remove Assets purchased by you from the Removal Location where the Assets are located during normal business hours in accordance with the removal terms and within the time frame specified upon checkout, if no time frame is specified, within the time set by us. We may amend the timeframe for removal and any removal terms at any time. Time is of the essence in respect of removal of the Assets. You may have to schedule an appointment in advance with the seller operating the Removal Location and to only remove Assets under the supervision and pursuant to the instructions of the seller, one of our agents or appointed representatives. You may also be required to provide method statements and/or risk assessments and proof of adequate insurance for the removal of Assets to the satisfaction of the seller where the Assets require dismantling, rigging or hot cutting (or as otherwise required by the seller). You need to check the Listing for details. The seller must receive payment for Assets prior to their removal. If we voluntarily extend the removal period to accommodate your needs, you understand and accept that any liability and risk of loss does not rest with us or the seller but is at your own risk. To the extent you do want to limit your risk of loss you are responsible for insuring any risk of loss.
Unless stated otherwise in a Listing, all Assets sold in Lots include dunnage (cartons, pallets, shrink-wrap, bands, crates, etc.), and you must remove the entire Lot. You are responsible for the disposal of your unwanted Assets and dunnage. You agree to defend and indemnify Bestpricepallets.com and the seller against any claims brought by third parties related to your removal and transportation of any Assets. If you fail to remove the Assets in accordance with the removal terms, such Assets may be deemed abandoned and we shall be able to rely on the remedies set out in clause 7.7 below.
7.3 Buyer Responsibility for Loading and Transportation . Unless otherwise agreed, you are responsible for the removal and transportation of the Assets you purchase, including all costs and risks associated with removal and shipping of the Assets.
Absent an express written agreement, we will not provide any support other than as set out in these T&Cs including but limited to not:
· giving any start-up assistance or trouble shooting support during any reassembly of Asset; or
· performing the role of shipper or exporter.
Your employees, agents and subcontractors are responsible for compliance with all federal, state, local and facility (the Removal Location) security, environmental, safety and health laws and regulations while removing and shipping Assets purchased by you. You are responsible for any damage to property, including spills or releases of hazardous substances, which might occur during the removal process.
7.4 Tailgate Loading Assistance . In our discretion, we will sometimes provide a free tailgate loading. We do not guarantee providing this service and we will NOT guarantee a specific loading time. In consideration for this ‘no cost’ tailgate loading service, you agree to release, defend and indemnify us against third party claims, and hold us harmless and waive any claims, causes of actions, damages (including consequential damages or loss of use) or liabilities of any kind or nature associated with or caused by the tailgate loading service.
7.5 Buyer Required to Have Insurance Covering Its Loading and Transportation of Assets . To pick up the Assets, you and your agents must maintain adequate automobile and commercial general liability insurance, and minimum legally required workers compensation for your employees picking up the Assets. Upon request, you will provide us, the seller with proof of such insurance.
7.6 Personal and Property Risk . If you bring employees or third parties to attend or assist in the removal of Assets, you assume all risks of damage of or loss to their person and property and specifically agree to defend and indemnify us from any and all liability for such risks.
7.7 Abandoned Assets . We are not responsible for Assets not removed within the removal period specified in the Listing, or by us. If the Assets are not removed within the specified removal period and you have not received written confirmation of an extension to such removal period from us, we will consider that you have breached these T&Cs and abandoned the Assets. Accordingly, you will have abandoned all right, title and interest in the Assets, including their purchase price.
7.8 Utilities . Bestpricepallets.com shall have no responsibility to disconnect utilities to any sold Asset, including electric, gas, waste and water lines.
8.Seller’s Removal Location is a Potentially Dangerous Place . You acknowledge that our Removal Location is a potentially dangerous place. In the case of some Assets, flammable, noxious, corrosive and pressurized substances may be present at a Removal Location. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the Removal Location at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted at the Removal Location. You will advise your agents and employees of these risks. No person shall have any claim against us or our respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the Removal Location. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the gross negligence or willful misconduct of Bestpricepallets.com or the seller.
9. Intellectual Property Rights
9.1 Publicity . You have no rights to display or use our name: bestpricepallets.com, domain names, trademarks or service marks without our express written permission which we may withhold in our discretion.
9.2 bestpricepallets.com Ownership of Intellectual Property related to our Services and Site . You acknowledge and agree that our Services, our Site and any software and information used in connection with our Site (“Software”) contain proprietary and confidential information protected by intellectual property and other laws. You further acknowledge and agree that any content on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
9.3 Listing Data . You may not: (i) record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Site (collectively, “Listing Data”); (ii) frame or utilize any framing technique to enclose any Listing Date; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Site; or (iv) access the Site for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Bestpricepallets.com. We own all right, title and interest in, or have a valid sublicense in, all Listing Data.
9.4 Notwithstanding these T&Cs or any written agreement entered into with you, we may: (1) gather transaction data from buyers, including you, to improve its marketplaces and its Services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on the sale and purchase of Assets on the Site for us analytical and other business purposes; provided, however with either (1) or (2) that we will not identify you as the source of such information to any third party. In the event of a sale of a marketplace or its assets to a third-party purchaser, we may transfer Listing Data and information related to your account if you have purchased Assets on that marketplace. Listing Data includes all such transaction and aggregate transactional data.
9.5 Ownership of Intellectual Property in Assets . You acknowledge that any software or intellectual property rights attaching to an Asset may not be the property of the seller or capable of transfer by the seller unless expressly stated in a Listing. We are not in any way authorizing the use by you of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at your sole risk.
10. Disclaimer of Warranties
10.1 Our Services . We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services on our Site. Order update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.
You agree that you are making use of our Services at your own risk, and that OUR SERVICES are being provided to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
10.2 Assets . Unless expressly stated otherwise in writing in a Listing, if you purchase Assets , AN OFFER ON OR order Assets, you agree to accept such Assets AS IS, WHERE IS AND WITH ALL FAULTS.
UNLESS EXPRESSLY STATED IN WRITING IN THE LISTING, WE DISCLAIM TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ASSETS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ASSETS ARE FREE FROM LATENT DEFECTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, NATURE, CONDITION, GENUINENESS, AUTHENTICITY OR COMPOSITION OF THE ASSETS OR REGARDING THE COMPLIANCE OF THE ASSETS WITH THE REQUIREMENTS OF ANY SPECIFICATIONS, LAWS OR REGULATIONS. YOU AGREE TO REPAIR, AT YOUR COST, ANY LOT PURCHASED TO A SAFE OPERATING CONDITION AND, WITHOUT LIMITATION, TO A CONDITION WHICH MEETS ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION INCLUDING THOSE CONCERNING ANY USE TO WHICH THE LOT MAY BE PUT.
YOU ARE SOLELY RESPONSIBLE FOR THE ASSETS’ ABILITY TO ACHIEVE THE RESULTS YOU INTEND.
WE DISCLAIM ANY WARRANTY OR OTHER OBLIGATION ON ACCOUNT OF ANY CLAIM OF INFRINGEMENT OR MISSAPPROROIATION OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH THE ASSETS.
UNLESS OTHERWISE STATED IN A LISTING, PHOTOGRAPHS, VIDEO, AND WRITTEN DESCRIPTIONS ARE NOT INTENDED AS REPRESENTATIONS, BUT ARE PROVIDED SOLELY TO AID YOU IN DETERMINING WHICH LISTINGS YOU WISH TO PHYSICALLY INSPECT.
11. Limitation on Liability
To the extent permitted by applicable law, we (including our officers, directors, employees and agents) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental, punitive or consequential damages) resulting directly or indirectly from:
· Your use of or your inability to use our Services or Site;
· Pricing, shipping or other guidance provided by us;
· Delays or disruptions in our Services or Site;
· Viruses or other malicious software obtained by accessing, or linking to, our Services or Site;
· Glitches, bugs, errors, or inaccuracies of any kind in our Services or Site;
· Damage to your hardware device or other computer systems or software from using any of our Services or Site;
· A suspension or other action taken regarding your account;
· Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to these T&Cs, our Services or Site;
· Your inability to import or export Assets, or fines or costs incurred related to the import or export of Assets.
· Any act or omission of a third-party, including without limitation third-party sellers and their agents; or
· Any dispute between you and a third-party seller, including claims relating to Assets sold by such third-party seller on our Site.
You release bestpricepallets.com from claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or connected with the above. Further, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Regardless of the previous paragraphs, if we are found to be liable for any reason, our liability to you or to any third party is limited as follows:
· If we are the owner and the seller of the Assets, our liability is limited to the (a) purchase price of the Asset (including any applicable sales tax), and (b) any Buyer’s Premium charged on the transaction.
Nothing in these T&Cs shall limit or exclude liability for death or personal injury resulting from the gross negligence or willful misconduct of seller or Bestpricepallets.com or their respective employees or agents or any other statutory or other liability which cannot be limited or excluded under applicable law.
12. Defense and Indemnity
You will defend, indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these T&Cs, your improper use of our Services or our Site, your subsequent sale, use or handling of the Assets, or your breach of any law or the rights of any third party.
13. Disputes
13.1 Disputes Among Users . As a general rule, an accepted order is final. We will not adjust orders after a sales event is closed unless we determine in our discretion that the integrity of a sales event was materially compromised. Detailed procedures for submitting disputes and claims can be obtained from customer service before removing the lot from our facility. With further disputes please contact our customer service at info@bestpricepallets.com for assistance.
14. Legal Disputes
14.1 Governing Law . For disputes between you and Bestpricepallets.com, these T&Cs will be governed and construed in accordance with the laws set out in the table below without regard to the conflict of law rules of such state. The United Nations Convention on Contracts for the International Sale of Goods do not apply.
15. Taxes
15.1 Tax . All orders are made net of any taxes imposed with respect to the purchase. You are liable for all such taxes or for establishing a valid exemption certificate from such taxes. You acknowledge and agree that we are providing a service in the calculation, reporting and remittance of sales or use taxes for transactions that arise in connection with your use of the Site, and you ultimately remain liable for any sales or use tax liability. We are not obligated to refund sales tax due to late submission of sales tax exemption documentation.
16. Environmental Responsibility
Certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties. You are cautioned to remove, use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for the public and the environment.
Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances.
Winning Buyers must comply with all environmental laws when disposing of Assets, including all laws related to waste disposal, air emissions, discharges, toxic substances and hazardous waste disposal. If you dispose of consumer electronics purchased through our Site or Services, you must dispose of such electronics using a certified electronics recycler and failure to do so may subject your account to restriction and even deactivation, and other legal or equitable remedies that may be available to us. For the avoidance of doubt, bestpricepallets.com has no duty to remove any hazardous, toxic, corrosive, reactive or ignitable substances that are contained in or are a part of any Asset.
17. Electronic Communications . When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Miscellaneous
18.1 Severability . If any provision of these T&Cs is held to be invalid, void or for any reason unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.2 Assignability . In our discretion, we may assign your account and these T&Cs in whole or in part to any purchaser of a marketplace or all or a portion of our business. Users may not assign these T&Cs or their account without our prior written consent.
19 Amendments . We may amend these T&Cs (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend these T&Cs includes the right to modify, add to, or remove terms in these T&Cs. All amended terms will automatically be effective after they are posted on our Site. Your continued use of the Site after our posting of any amendment will constitute your acceptance of such changes. Changes to these T&Cs will be effective from the time they are placed on our Site. You will not receive any other notice of a change in these T&Cs outside of posting updates to these T&Cs displayed on our Site.
19.1 Records the User’s Responsibility . We do not guarantee the preservation or maintenance of records relating to your transactions or the Services. We encourage you to keep individual records and an accounting of all activity conducted through our Site.
LIST OF PROHIBITED ASSETS
· Products subject to recall;
· Products produced, manufactured or packaged by forced prison labor or child labor;
· Pornography in any form of media;
· Alcoholic beverages, cigars, cigarettes or tobacco products;
· Live animals or taxidermy;
· Grave or other funeral-related items;
· Charity fundraising activities;
· Used cosmetics;
· Credit or debit cards;
· Gift cards;
· Illegal and prescription drugs, illegal drug paraphernalia, and materials describing how to make illegal drugs;
· Embargoed Assets from prohibited countries currently listed by the U.S. Office of Foreign Assets Control;
· Government documents, government identifications, and government licenses;
· Human parts or human remains;
· Surveillance equipment (including but not limited to lock picking devices, wiretapping devices, telephone bugging devices);
· Event tickets;
· Lottery tickets;
· Mailing lists and personal consumer information;
· Manufacturer's coupons;
· Federal or state regulated medical devices;
· Pesticides;
· Plants (including live plants and seeds);
· Firewood or lumber (not including artificial or manufactured firelogs);
· Postage meters or stamps;
· Real estate;
· Stocks and other securities;
· Travel services;
· Products containing ingredients that are regulated by the U.S. Drug Enforcement Administration as a controlled substance or listed chemical;
· Textile fiber, fur or wool products misbranded or falsely or deceptively labelled or advertised under the Textile Fiber Products Identification Act, the Fur Protection Labelling Act, the Wool Products Labelling Act and the rules and regulations promulgated under such Acts; or
· Illegal products, illegal services, stolen or recalled products.