IBM Computer, Laptops and Servers

The Buyer understands that in order to justify and consider waiving the sales tax on any closed transactions and/or future transactions, the company must receive appropriate documentation. Buyer may send us a copy of their Reseller certificate from California, Indiana, Nevada, New Jersey or Texas, or they may complete a Declarative form / affidavit stating that the merchandise is to be taken out of one of the aforementioned states. To download forms, please click here. laptop battery

5. PAYMENT COLLECTION Upon the close of a sale, the Company s payment collection team will use its best efforts to contact buyers in order to ensure timely payment. Payment is collected for all costs associated with the transaction including: Buyer s Premium and shipping expenses. Preferred methods of payment include wire transfers and PayPal. PayPal and Credit cards shall be accepted up to the limit of US $5, 000 per transaction. All payments should be made via approved payment methods. For first time buyers (buyers who have not yet completed their first transaction), credit cards will not be accepted for used or salvage assets. PayPal and wire transfer are acceptable methods of payment. International buyers may pay for transactions via wire transfer only. thinkpad

5.1 Special Provisions For transactions involving a buyer or seller from the States of California, New Mexico, Utah, Washington, Montana, Nevada, and Arizona, the following provisions will apply and to the extent that such provisions are inconsistent with any other terms and conditions of this User Agreement, the terms and conditions of this section 5.1 will govern: The Company will directly and unconditionally remit to the Seller the amount paid for the assets by the Buyer minus the Company s fees as soon as practical but in no event later than 21 business days of the auction closing. Except where assets are sold as is, where is as stated in the auction description, the Buyer will be reimbursed by Company in the event of the seller s gross misrepresentation or non delivery of the assets, if Buyer files a valid dispute form within 2 business days of the Buyer s receipt of the assets, or of the expected delivery date for non-delivered goods. microsoft

Failure of a Seller to complete the sale of assets to a qualified Buyer because of non-delivery or misrepresentation of the merchandise could result in damages payable to the Company up to a maximum amount of $20, 000. In the event that a seller is not able to complete the transaction or ship the goods due to unforeseen circumstances, the Buyer cannot hold either the Seller or the Company liable for damages. laptop computers

5.2 Performance Sellers acknowledge that despite the Company s best efforts, Buyers may fail to perform. The Company does not provide any representations or guarantees that Buyers will pay Sellers on their agreed price on a timely basis. In such circumstances, the Company will inform the seller and contact the next highest bidder in order to close a transaction. 5.3 Fraud The Company reports instances of credit card fraud to the FBI and prosecutes offenders to the full extent of the law. Credit card fraud includes any instance where a buyer has charged back their credit card payment and maintains possession of the merchandise. laptop computer

6. NON-CIRCUMVENTION Users agree not to negotiate, communicate, or transmit any information of any kind with any other Registered User (whether or not the User has placed a bid) in an attempt to complete the sale of assets and specified quantities listed in the Schedule 1 of the ASA through a means outside of the Company s online liquidation auction (a Circumventing Transaction ). In the event a Seller completes a Circumventing Transaction within 12 months following the expiration of a Seller s auction, Seller understands and agrees that Seller is obligated to immediately remit a success fee to the Company equal to 15% of the final aggregate gross sale price for the assets or merchandise sold in the Circumventing Transaction. This non-circumvention clause shall apply to Users and their principles, agents and representatives, including but not limited to employees, consultants, bankers, attorneys, accountants, assignees, heirs and transferees. desktop computer

7. DISPUTE RESOLUTIONS In the event of a dispute between Buyer and Seller in connection with a pending transaction, all Users agree to cooperate with the Company s Buyer Relation s department to resolve the dispute before taking any other action. If the Company cannot resolve the dispute within 10 business days of the dispute form receipt, then the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ( ADR ) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. notebooks

8. MISCELLANEOUS 8.1. Interruption of Service User understands that the Company shall take all commercially reasonable efforts to make its Site and Service available. However, the Company is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any online liquidation auctions or sales. User understands that the Site may be unavailable unexpectedly as a result of circumstances beyond its control or routine maintenance. User agrees not to attempt any action which may disrupt the Company s Site and Services, including transmitting any virus-infected files or software routines, bulk e-mail solicitations, or reverse engineering of any of the Company s programs or infrastructure. lenovo

8.2. Changes to Site and Services The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice. 8.3. Record Keeping The Company cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages User to keep individual records and an accounting of all activity conducted through the Company s Site. hard drive

8.4. Taxes User acknowledges and agrees that the Company does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User in connection with the use of the Company s Site and Services. User understands and agrees that User is solely responsible for the calculation and payment of any taxes that may be incurred as a result of using the Company s Site and Services. travelstar

8.5. No Agency The relationship between Users and the Company is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this User Agreement. 8.6 Site is Only a Venue The Site and associated sites are merely a venue for Registered Users to exchange information and facilitate transactions. It is expressly understood and agreed that the Company is not a broker or agent and has no fiduciary duty to the User with regard to transactions through the Services. Unless otherwise stated, the Company is not a party to the transactions between Buyers and Sellers. The Company does not guarantee the quality, safety, condition, or ownership of the assets advertised for sale on its Site and does not guarantee the accuracy of the information provided in the description of assets advertised for sale on its Site. Buyers are encouraged to perform their own due diligence, including, but not limited to, using the Site s Ask the Seller a Question feature and the arrangement of an on-site inspection. The Company does not guarantee any individual Seller s or Buyer s ability to complete transactions using the Company s online liquidation service and makes no representation regarding the identity, creditworthiness, or performance of any User. gateway

USER AGREES NOT TO HOLD COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY OF USER S DEALINGS WITH ANY OTHER USERS. laptop parts

8.7. Notice and Communication Unless stated otherwise, all notice and communication with User shall be provided by e-mail to the e-mail address provided by the User in their registration application or via posting on the Site. Notice shall be deemed to have been provided 24 hours after the e-mail was transmitted by the Company or the information was posted on the Site. If the Company receives a message that the User s e-mail is disconnected or is no longer valid, notice shall be deemed to have been provided 72 hours following the mailing of a letter to the User s address contained in their registration application. software

8.8. Indemnification In the event User has a dispute with another User, User releases Company, directors, officers, employees and agents from claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. This release includes any claims brought by any individuals relating to misuse or unauthorized use of data User gives to Company. Users agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable fees), as a consequence of any acts by User undertaken in connection with the Company s Site and Services, including without limitation, those arising out of any breach of any User representation or warranty, User s obligations hereunder, any User transaction attempted through the Service, or any dispute between User and any other Users. hard drives

8.9. Third Party Links The Site may contain links to other websites or resources for the convenience of Users in locating related information and services. User acknowledges and agrees that Company is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Company endorses the linked site. User uses the links at User s own risk. electronics

8.10. Jurisdiction This User Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflicts of law provisions thereof, and, to the maximum extent permissible, without reference to that body of law known as the Uniform Computer Information Transaction Act. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this User Agreement or any of the matters contemplated hereby is waived. User further agrees to the exercise of personal jurisdiction in the District of Columbia or the State of Delaware in connection with any dispute or claim involving the Company. canon

8.11. Severability If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect. 8.12. Termination The terms and conditions of this User Agreement constitute a binding agreement between the Company and each User until terminated by the User or the Company. User may discontinue use of the Site and Services at any time upon notice to Company. Upon termination, User is obligated to immediately cease using the Site and Services. The Company expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of the Company, for any reason and without notice. desktop pc

8.13. Disclaimer of Warranties THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. THE COMPANY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY SYSTEM INTEGRATION OR QUIET ENJOYMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE LISTED ASSETS, SITE OR SERVICES WILL MEET USERS REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. COMPANY MAKES NO WARRANTY REGARDING ANY LISTED ASSETS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM THE COMPANY SHALL CREATE ANY WARRANTY BY THE COMPANY NOT EXPRESSLY MADE HEREIN. COMPANY EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER. desktop computers

8.14. Limitation of Liability IN NO EVENT SHALL COMPANY, NOR ANY SELLER BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY A LISTED ASSETS OR (b) DEFECTS IN SUCH LISTED ASSETS ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY. IN ADDITION, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE CONTENT INCLUDING WITHOUT LIMITATION ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OR REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE COMPANY S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) EXCEED THE AMOUNT OF FEES PAID BY THE USER TO THE COMPANY IN CONNECTION WITH THE DISPUTED ASSETS. think pad

The parties have agreed that the limitations of liability set forth will survive and apply even if any limited remedy specified in this User Agreement is found to have failed its essential purpose. Some jurisdictions may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to certain Users. repair

8.15. Waiver The failure of Company to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. 8.16. Intellectual Property Company intellectual property ( Company IP ) is all inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site or Services. Company IP may be created by one of more of Company s employee(s) alone or jointly with a User or Users arising from the use and development of the Services or as a result of User s feedback regarding the Site or Services ( Feedback ). All right, title and interest in any Company IP shall belong to Company and shall be subject to the conditions of this User Agreement. User hereby irrevocably assigns to Company all right, title and interest User may acquire in any Company IP. Company may, at its option, file an application for intellectual property protection for Company IP. If any such Company IP is created with User s participation, User agrees to cooperate with Company to assure that such application(s) will cover, to the best of User s knowledge, all related assets, including all features of commercial interest and importance. Company IP is the sole and exclusive property of the Company, unless otherwise stated and may not be used without the prior written consent of the Company. data recovery

8.17. Trademarks The Site and the Company s tradenames, domain names and logos found on the Site are trademarks or service marks of Liquidity Services, Inc. No display or use of such marks may be made without the express written permission of Liquidity Services, Inc. 8.18. Assignment This User Agreement may not be assigned by User or by operation of law to any other person, persons, firms or corporations without the express written approval of the Company. cisco

8.19. Entire Agreement This User Agreement constitutes the entire agreement between the User and the Company, and it super-cedes any previous agreements, whether oral or in writing, between Users and the Company. The Company may, at its sole discretion, remove or change any aspect of this User Agreement. Any change to this Agreement will be communicated to the users before its enforcement. 9. ADDITIONAL TERMS AND CONDITIONS (PERTAINING ONLY TO CUSTOMERS WHO USE THE SOUTHERN TEXTILE WEBSITE, www.southerntextile.com) keyboard

9.1 Site Regulations (For All Users) The technology, software, and data underlying the Site are the property of the Company or the Company s affiliates or partners. As a User, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our Site. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. monitor

Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions: (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (b) Publish, post, upload, email, distribute or disseminate (collectively, Transmit ) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content; (c) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person s computer, our sites, any software or hardware, or telecommunications equipment; desktop

(d) Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (e) Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; (f) Download any file that you know or reasonably should know, cannot be legally obtained in such manner; (g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; infosys

(h) Restrict or inhibit any other user from using and enjoying any public area within our sites; (i) COLLECT, STORE OR TRY TO GAIN ACCESS TO PERSONAL INFORMATION ABOUT OTHER END USERS, CUSTOMERS, SUPPLIERS OR ENTITIES THAT HAVE USED THE SITE; (j) USE DATA ABOUT END USERS, CUSTOMERS, SUPPLIERS FROM THIS SITE FOR PERSONAL GAIN; (k) Interfere with or disrupt our sites, servers or networks; (l) Impersonate any person or entity, including, but not limited to, a Southern Textile representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; refurbished laptops

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