| ||Terms and Conditions for Online Auctions
Bidder and Cornerstone Surplus Services agree that the terms listed below shall govern each online auction sale.
All registration information the Bidder provides to Cornerstone Services Surplus shall be current, complete, and accurate. Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
1. Access and use of any online auction site of Cornerstone Surplus Services (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Cornerstone Surplus Services reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
2. All online bidders must submit an application for bidding approval from Cornerstone Surplus Services before actual bidding can begin. When and if you become or apply to become a registrant, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our and our buyers registration forms (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current, or incomplete, we reserve the right to terminate your use of this Site and related services. As part of the registration process, you will be asked to select a user name and password. You will be responsible for the confidentiality and use of your user name and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING BIDS AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Further, bidders shall refrain from creating usernames that are considered profane or offensive in nature. If such names are discovered or otherwise brought to the attention of Cornerstone Surplus Services, the bidder will be contacted and asked to re-register using a more appropriate username, and the "offensively named" account will be blocked to prevent further use.
You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. BEFORE submitting registration, you will HAVE to set www.cornerstonesurplus.com as an approved email sender in your email system in order to receive this and other emails from us. You will register and make up your own bidder username and password. You will be emailed upon approval. Taxes to be charged to all buyers, includes sales tax for Austin, Texas of 8.25%. On diesel equipment purchases with engines 50 HP or more there will be an additional TERP tax of 2%. Bidders wishing to use resale certificates or farm use or exempt status MUST fax proper form to 512-243-1133 BEFORE taxes will not be charged to you.
ATTENTION: BEGINNING JANUARY 1, 2012: NEW SALES TAX LAW FOR AGRCULTURE EXEMPTIONS. Beginning Jan. 1, 2012, all purchasers, including non-Texas residents, must have a valid Ag/Timber Number issued by the Texas State Comptroller to claim exemption from Texas tax. Purchasers who do not have a valid number must pay tax to suppliers at the time of purchase. The purchaser may then apply for a number, and, upon approval, may submit a refund claim for the purchased item directly to the Comptroller's office. Purchasers who do not have a valid registration number at the time of purchase may not request a refund directly from the supplier. THERE WILL BE NO AGRICULTURE OR TIMBER EXEMPTIONS ALLOWED WITHOUT THIS REGISTRATION NUMBER. In addition to the valid Ag/Timber Number, bidders must also complete the Texas Agriculture Sales and Use Tax Exemption Certificate (Form 01-924 - This form can be found by visiting www.window.state.tx.us and going to the forms section.) This form should be properly completed and sent in each time a bidder wishes to claim an agricultural exemption on purchases.
Please note that some items DO NOT qualify for sales and use tax exemptions for agricultural purposes, even if you have the registration number. If we deny your request for a sales tax exemption, at your request, we will provide you with a Form 00-985 Assignment of Right to Refund and you may apply for your sales tax refund directly from the State of Texas. For information regarding sales and use tax in Texas, go to www.window.state.tx.usand visit the forms section of the web site.
3. All items are sold as is where is, with no warranty or guarantee implied or intended by the seller or Cornerstone Surplus Services. Loading assistance is NOT usually available unless otherwise stated. Any and all loading equipment is to be furnished by the buyer unless prior arrangements are made with the seller. Buyers will be loading their own purchases with no liability as to accidents, load security, or equipment availability towards Cornerstone Surplus Services or the seller. All sales are final and the bidder is responsible for knowing which item he is bidding on and we recommend each bidder make every effort to confirm item descriptions to their satisfaction by visual inspection or at least by making contact with the seller for confirmation before bidding on any item. Once the item is declared sold it becomes the responsibility of the buyer with all liabilities attached thereto. Should the item turn up missing or damaged at pickup time, please contact the local police authorities and report them as stolen or vandalized, no refunds will be made by the Cornerstone Surplus Services or the seller.
4. All bids will require a maximum bid amount and our program will automatically increase your bid when ever another bid is placed on the item above your current bid up to your maximum amount. You may increase your maximum bid at any time and the amount of your current bid will not be increased! Each bid will be increased by an established increment set by Cornerstone Surplus Services on each item. There will be one 30 minute time extension on each lot. Users acknowledge that Cornerstone Surplus Services online auction service may or may not function as designed for reasons beyond our control. Under no circumstances will bidder or seller have any claim against Cornerstone Surplus Services, its website designer, host or anyone else if any Internet service is interrupted for any reason causing any problems with the ability to bid. Cornerstone Surplus Services will not be responsible for any missed bids!
5. Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed may sometimes be necessary. Cornerstone Surplus Services and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
6. Acceptable payment is Wire Transfer and Cash. Payments up to $1,999.99, including all taxes and fees, can also be made by Visa, Mastercard, and Discover IN PERSON ONLY. Please notify us within 24 hours of completion of your winning purchase with your payment option. Invoices will be issued within 24 hours of the closing time. Please contact Cornerstone Surplus Services for wire transfer information, CHECKS are not accepted for purchases! THERE IS NO BUYERS PREMIUM. All funds are due 5 business days from the auction winning date and payable in US funds at Austin, Travis County, Texas, USA. Included in all emailed invoices will be a contact for scheduling pickup within the 5 business day’s allotted. Buyers choosing wire transfer MUST present a PAID RECEIPT as proof of purchase when picking up their purchases from the seller! For buyers choosing to pay by credit card in person, items will not be released until funds are authorized and signed for.
7. All items must be removed by noon on the fifth business day after the date of the invoice, unless other arrangements are made with the seller during this time frame. After the final removal date, there will be a $45.00 per day, per item/lot storage fee charged to the Buyer. Storage fee will need to be collected in cash before items can be loaded and/or removed. If merchandise is not removed within ten days after the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller and the Owner/Seller may dispose of or resell the item/lot at their discretion with no refunds!
8. Cornerstone Surplus Services reserves the right to resell any property not paid for in full within four days of the online auction item/lot's closing date. Failure to pay for item/lots won on this online auction will result in termination of your use of this Site and related services. The Owner/Sellers of property sold through this web site reserve the right to reject any and all bids, if they so choose.
9. Vehicle title papers will be issued by the seller within 14 working days of the sale to the buyer as registered, unless otherwise notified within 24 hours of paid invoice. Odometer readings are not guaranteed to be actual unless so indicated.
10. The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Cornerstone Surplus Services concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, Cornerstone Surplus Services and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Cornerstone Surplus Services or Owner/Seller. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Cornerstone Surplus Services or Owner/Seller.
11. Anyone who fails to complete any transaction associated with any bids placed with Cornerstone Surplus Services, will be removed from the bidder list on any Cornerstone Surplus Services online bidding! Bidders failing to complete transactions in excess of $1000.00 will be sued for breach of contract! Any legal action arising from transactions related to any auction conducted by Cornerstone Surplus Services will be conducted in Travis County, Texas, USA and under the current laws of the State of Texas, USA. All operations of this web page are based in Texas and operated under the current laws of Texas, regardless of user or operator computer location. You may be permanently banned from this Site if your payment is made past the stated due date, even if your payment is received and accepted after the stated due date. You may be permanently banned from this Site if you do not abide by any of the specific terms and conditions posted for any particular auction. We reserve the right, at our sole discretion, to ban any bidder or potential bidder from the Site for any reason we deem necessary.
12. This Site User Agreement constitutes a binding agreement between Bidder and Cornerstone Surplus Services until terminated by Cornerstone Surplus Services, which Cornerstone Surplus Services may do at any time, without notice, in Cornerstone Surplus Services’ sole discretion. If Bidder's dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Cornerstone Surplus Services reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
13. We are a no buyback company. Cornerstone Surplus Services and Owner/Seller may choose to put a starting bid and/or a reserve price.