NOTICE: If you are the winning bidder and default by failing to adhere to this seller's terms and conditions, your account with Liquidity Services WILL BE LOCKED.
Guaranty Waiver: All property is offered for sale “AS IS, WHERE IS.” (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. Please note that upon removal of the property, all sales are final.
1. As Is Sell of Property: Recipient understands, acknowledges and agrees as follows:
THE PROPERTY COVERED BY THIS AGREEMENT HAS BEEN RECEIVED BY THE RECIPIENT “AS IS” AND “WITH ALL FAULTS.” THE RECIPIENT ACKNOWLEDGES THAT ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MANUFACTURER’S WARRANTIES, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER. THE SELLER SHALL BE IN NO WAY RESPONSIBLE FOR THE PROPER USE, REPAIR AND SERVICE FOR THE PROPERTY, AND THE RECIPIENT HEREBY WAIVES ALL RIGHTS OF REFUSAL AND RETURN OF THE PROPERTY.
2. Exclusion of Warranties: Recipient understands, acknowledges and agrees as follows:
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE PROPERTY PROVIDED ON THE FACE OF THIS AGREEMENT. SELLER DISCLAIMS ANY WARRANTY OF ANY OTHER KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE PROPERTY IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
3. Release of Liability: Recipient hereby releases, waives, and discharges seller and its respective officers, officials, employees, agents, volunteers, contractors and attorneys from any and all alleged and actual claims, damages, remedies, causes of action, demands, and other liabilities (collectively, “Liabilities”) arising out of or in any way related to the transfer and/or use of the Property. The foregoing release and waiver applies to all Liabilities, whether retrospective, current, or prospective, known or unknown, foreseeable or unforeseeable, as well as the benefit of California Civil Code section 1542, which provides as follows: