Terms & Conditions
Buyer understands that American Pallet Liquidators sells liquidated, off-price, distressed merchandise and makes no promises of profits to be made. All merchandise is sold AS IS. No warranties apply. No returns, refunds, credits or exchanges. Buyer agrees to refrain from advertising the name of the department store from which this merchandise originated. Buyer is responsible for all related taxes, licenses, and shipping charges, unless otherwise stated. Please review the Terms and Conditions section of this website for complete details.
Payment and shipping must be arranged with 48 hours (2 business days) of auction close. Failure to meet the 48 hour obligation will result in your asset being relisted for sale and your user account deactivated.
Requirements to be a Buyer. In order to participate as a buyer in an auction or sales event, you must represent, warrant and agree to:
- Pay for any bids or orders placed using your unique username and password;
- Have paid or settled any previous financial obligations owed to us to our satisfaction;
- Not manipulate the price of any Asset or interfere with other bidders or buyers;
- Provide additional information requested by us (for example, proof of funds, bank letter of guarantee, etc.) for verification purposes or to protect the integrity of the auction or sales event;
- Comply with any listing-specific terms, conditions, or requirements;
- Perform independent research and do not bid or purchase based on assumptions;
Buyer Warranties. If you place a bid or make and order you represent, warrant and agree that: You are demonstrating your intention and financial capability to purchase the Assets by bidding or ordering; You may not withdraw, amend or modify your bid or order without our written approval; You will comply with all laws and regulations applicable to the purchase of the Assets and their subsequent transport, use, resale and export, as applicable.
No Professional Advice: Any information supplied by any of our employees or agents, in any form whatsoever, is intended solely as general guidance on the use of our Services and our Site.
Reservation of Rights: We reserve the right to withdraw any Assets offered for sale up to the time the Assets are removed. If this occurs, our liability is limited to return of the purchase price paid, if any, for the Assets. We reserve the right to accept or reject all bids or orders. Further, in order to limit risk to our marketplace, we reserve the right to limit the bid or order amounts proposed by you, either alone or in the aggregate.
Credit Information and Earnest Money: We may also condition a bid or order on you providing credit information or an earnest money deposit. If a bid or offer is accepted, we will apply the deposit to the pending invoice or to any past due balances owed. Deposits from non-winning bidders or buyers will be returned or applied to any past due balances owed.
Bidding Process: For Online Auctions on the Site, a buyer that both meets the Listing requirements and enters the highest bid will be deemed a “Winning Buyer.” If you are a Winning Buyer, then you are legally obligated to complete the transaction unless the transaction is prohibited by this User Agreement or by law.
Each bidder is solely responsible for checking the Site or taking such other actions as are appropriate to learn of changes to a Listing, including changes to closing date or time. We will not be responsible for notifying any buyer of a change in any Listing. The buyer bears the sole risk of transmitting bids so that such bids are received prior to close of the Online Auction. We will not accept a bid that is received after an Online Auction is closed.
Reserve Prices May or May Not be Disclosed: With respect to certain Listings, We may set a reserve price for the Asset. At our own discretion, the Site may or may not display the reserve price for a Listing. Bids, however, that are received (whether under or over the reserve price) are binding and are subject to the seller’s acceptance of the bid. Listings with “No Minimum” price will open at the first bid increment as determined by us.
Private or Direct Sales: Private sales managed by us are posted in parts of certain our marketplaces or otherwise designated by having the option of “Buy Now” or “Buy Today”. In a private or direct sale, buyers may become Winning Buyers by (a) agreeing to purchase the Listing at the stated purchase price and Listing terms (which price may be referred to as the “Buy Now” or “Buy Today” price or something similar), or (b) offering to purchase the Listing by making a binding offer for the Listing through the “Make Offer” option, which offer may be accepted and become binding on a buyer within five (5) calendar days of being made by a buyer at seller’s election (unless a different time period is stated in the Listing).
PAYMENTS: If you are a Winning Buyer, you agree to make immediate payment for the total amount of the transaction, shipping costs, any other amounts specified in the Listing and all taxes due, if applicable.
Timing of Payment: Unless otherwise indicated in the Listing or stated in separate written agreement with us, you must make payment in full within the time period set by the marketplace. There will be no extensions of the payment period granted.
Currency of Payment: Unless specified for particular Assets, you will pay in U.S. Dollars.
Forms of Payment: Unless otherwise specified in a Listing or on our Site, acceptable forms of payment include VISA, Discover, MasterCard, American Express and wire transfer. Not all of our listings accept these forms of payments and certain Listings may specify additional restrictions or requirements
Discounts and Promotions: We may offer alternative fee structures, rebates, discounts, coupons or incentives, at our sole discretion and for any reason, and we are under no obligation to offer such alternatives to all users or to continue offering such alternatives to any user to whom we have made an offer in the past.
Removal of Purchased Property: You agree to remove Assets purchased by you from the facility where the Assets are located within the time frame specified in the Listing or, if no time frame is specified, within the period of time set by the marketplace or the Listing. You may be required to schedule an appointment in advance with the facility where the Assets are located and you should check the Listing for details. We must receive payment for Assets prior to their removal. In the event 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, but is at your own risk. Unless stated otherwise, 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. American Pallet Liquidators, Inc. reserves in their sole discretion the right to rescind an auction or sale by notice to the buyer if the removal of the Assets would cause serious damage to the seller’s premises or would be a serious risk to health and human safety.
Buyer Responsibility for Loading and Transportation: Unless we have entered into a separate written agreement with you, you are responsible for transportation of the Assets that you purchase. Transportation includes rigging, loading, securing and transporting the purchased Assets, including all costs and risks associated with removal. Where we indicate the Assets must be loaded by you, you must provide all material handling equipment and properly trained and certified operators to operate such equipment. Your employees or agents are responsible for compliance with all federal, state, local and facility (the location where the Assets are located) security, environmental, safety and health laws and regulations while operating equipment on the loading site. You are responsible for any damages to property, including spills or releases of hazardous substances, which might occur during the removal process. Failure by you or your agent to clean up any releases or to repair any damages may result in you being banned from future participation in our auctions or sales events, and you may be reported to the appropriate authorities, as well as other remedies that may be available to us or to any other party damaged by your actions.
Tailgate Loading Assistance at Certain APL Warehouse Facilities: In our sole discretion, we will sometimes provide a free tailgate loading at certain APL warehouse facilities. We do not guarantee providing this service and we will NOT guarantee a specific loading time. In consideration for this ‘no cost’ loading service, you agree to release, hold us harmless and waive any and all claims, causes of actions, damages (including consequential damages or loss of use) or liabilities of any kind or nature associated with or caused by tailgate loading service.
Buyer Required to Have Insurance Covering Its Loading and Transportation of Assets: In order 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 Assets. Upon request, you will provide us with proof of such insurance. Further, upon request, you will name us as an additional insured to your policy.
Abandoned Assets: A schedule for removal of the Assets will be established for each auction or sale. You must remove all the Assets awarded within this time limit. If for any reason you cannot remove the Assets within the time period, it is your responsibility to arrange with us or the seller of the Assets for an extension of time. We are not responsible for Assets that are not removed within the time allotted. If Assets are not removed within the specified removal period or scheduled for removal at a later date with us or with the seller, we will consider the Assets to be abandoned Assets by you, and you will have abandoned all right, title and interest in the Assets, including their purchase price. We may dispose, resell or destroy any abandoned Assets at your cost and expense without obligation to refund any previous payments for the Assets. Time is of the essence for both payment and removal of the Assets.
Trademarks and Publicity: Users have no rights to display or use American Pallet Liquidators, Inc. tradenames, domain names, trademarks or service marks without our express written permission which we may withhold in our sole discretion.
Governing Law; Jurisdiction and Venue: For disputes between you and any American Pallet Liquidators, Inc. domiciled in the United States or Mexico, this User Agreement will be governed by the laws of the State of Indiana.
Dispute Resolution and Arbitration: In the event of a dispute between you and American Pallet Liquidators, Inc., you agree to attempt to resolve the dispute with APL applicable marketplace customer service team for a period of at least thirty (30) calendar days before taking any other action. Following such period, you and APL agree that any dispute, claim or controversy arising out of or relating to the User Agreement will be settled by binding arbitration as specified below.