TERMS & CONDITIONS
Last Updated: 02/08/2021
When you are required to open an account (referred to as your “bidder profile”) to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. Your username will be a bidding number, which will be automatically generated for you. You will be asked to create a password for your account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, username, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Company reserves the right to temporarily or permanently, in Company’s sole and absolute discretion, suspend or cancel your bidder profile if you violate these Terms & Conditions, and if you fail to pick up a purchased item as required within these Terms & Conditions. In such event, your bidder profile will not be activated unless you pay a restocking fee equal to thirteen percent (13%) of the total purchase price of all items (including items in the same or separate auction) you failed to timely pick up in order to reactive your bidder profile, in addition to all applicable sales taxes and auction fees regarding a purchased item, all of which must be paid in full prior to activation of your bidder profile.
Prime Auctions LLC
2401 Q Street
Rio Linda, CA 95673
If you fail to pick up a purchased item(s) within the time period indicated by us in your invoice, you will be deemed to have abandoned the purchased item(s) and the you will have no further rights, whether to legal title or otherwise, with respect to the purchased item(s), and in accordance with these Terms & Conditions you waive all legal claims you may have against us for reselling or otherwise disposing of said purchased item(s).
If there is any conflict between these Terms & Conditions and California Commercial Code §§ 1302 et. seq, the provisions of these Terms & Conditions shall apply, as permitted by law. You will become the lawful owner of the Product you purchase upon physical receipt of the Product, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).
The Products on the Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use the Products to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Products to prohibited countries and entities identified in the U.S. export regulations. By accepting these Terms, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. A list of embargoed countries is available at the official website of the Office of Foreign Assets Control of the U.S. Department of the Treasury at: www.treas.gov/ofac.
Notwithstanding, in the event you do pursue any claims against Company, in consideration for your use of the Site and (if applicable) purchase of the Products, you hereby release all claims, liabilities, and otherwise against Company to the greatest extent permitted by law, and you acknowledge that you are familiar with California Civil Code §1542, which provides as follows
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Products, these Terms & Conditions must be filed within six (6) months after such claim or cause of action accrued or arose or be forever barred.