BUYLOW WAREHOUSE LLC AUCTION SERVICES AGREEMENT (FOR SELLERS, BIDDERS & BUYERS)

LAST UPDATED December 2019

 

OVERVIEW 

This website is operated by BuyLow Warehouse LLC. Throughout the site, the terms “BLW”, “we”, “us” and “our” refer to BuyLow Warehouse LLC. BuyLow Warehouse LLC offers this website, www.buylowwarehouse.com, including all information, tools, software and services available from this site to you (collectively, the “Service”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, buyers, bidders, sellers, and/ or contributors of content (collectively the “Users”).

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service (“Agreement”) and signify that you have read, understood, and agree to the Agreement and to the collection, use, and disclosure of your information as set forth in the BLW Privacy Policy (https://buylowwarehouse.com/350978105/policies/6536036409.html), whether or not you are a registered user of our Service.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. At the top of the policy you can see the last time the Terms of Service were updated.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS BY JUDGES, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS.

  1. Use of Our Service

The BLW Service provides a venue for Users to place for sale at auction, bid on, and purchase new and used items and combinations of such items (“Lot(s)”) through BLW’s online auction services (the “Auction”). As used in this Agreement, any User who places a Lot for sale through the Auction is referred to as a “Seller”; any User who bids on a Lot through the Auction is referred to as a “Bidder”; and any User who purchases a Lot through the Auction is referred to as the “Buyer.”

A. Eligibility

You may use the Service only if you can form a binding contract with BLW, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations (including but not limited to copyright laws). By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. The Service is not available to any Users previously removed from the Service by BLW.

B. BLW Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. BLW reserves all rights not expressly granted herein in the Service and the BLW Content (as defined below). BLW may terminate this license at any time for any reason or no reason at BLW’s sole discretion.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

C. BLW Accounts

You may not participate in any Auction unless you register with the Service in accordance with the terms and conditions of this Section. If you would like to be a Bidder or Buyer, you may register for the Service by filling out our online form located on the Service (https://buylowwarehouse.com/account/register) or through such other method as we may provide from time to time. In order to place any Lots for auction through the Service and become a Seller, you must first enter into a separate consignment agreement with BLW governing the applicable Lots (“Consignment Agreement”), hereby referenced and made part of this Agreement.  If User registers and lists an item for sale through the BLW provided Services, by use of the Service it is deemed that User has read, understands, accepts, and agrees to the terms of the referenced Consignment Agreement. A copy of the Consignment Agreement can be found here, https://buylowwarehouse.com/pages/buylow-warehouse-llc-auction-consignment-agreement. BLW has no obligation to enter into any Consignment Agreement with any User. You acknowledge and agree that you may be required to pay a fee in order to register for the Service (“Registration Fee”), and you agree to pay any such Registration Fee. BLW may reject the registration of any User in its sole discretion and at any time. You further acknowledge that pre-approval by BLW may be required in order to bid on certain Lots, and that such pre-approval may be withheld by BLW for any reason, in its sole discretion.

Your BLW account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a BLW account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. You may never use another User’s account without permission. When creating your account or registering to bid or submitting any request for pre-approval, you must provide accurate, current, and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify BLW immediately of any breach of security or unauthorized use of your account. BLW will not be liable for any losses caused by any unauthorized use of your account. By providing BLW your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, marketing messages and special offers.

D. Acceptable Use Policy

BLW’s Acceptable Use Policy (“AUP”) governs the general policies and procedures for use of the Services. The AUP is incorporated herein by reference. The AUP (https://buylowwarehouse.com/pages/acceptable-use-policy) and its terms are subject to this Agreement and may be updated by BLW from time-to-time. THE CUSTOMER SHOULD CAREFULLY READ THE AUP. BY USING THE SERVICES, THE CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS THERETO PROVIDED TO CUSTOMER. BLW RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.

E. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

F. Service Rules

You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the BLW servers than a human can reasonably produce in the same period of time, in BLW’s sole discretion, by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the BLW Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may change the pricing and/or payment methods for the service at any time.  We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

If and to the extent the Service should at any time permit any form of interaction with other Users, you will remain solely responsible for your interactions with other BLW Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. BLW shall have no liability for your interactions with other Users, or for any User’s action or inaction.  

2. Auction Terms

A. General

The terms and conditions of this Agreement expressly apply to and govern the sale, bidding on, and purchase of all Lots offered through the Auction. By using the Auction services in any manner, including without limitation selling, bidding on, or purchasing any Lot at the Auction, or acting as an agent for a Seller or Buyer, you expressly agree to the applicable terms and conditions of these “Auction Terms,” in addition to the other applicable terms and conditions of this Agreement.

B. Auction Length

All auctions managed through the Service shall be forty-eight (48) hours in length from the starting time of the auction.  The use of “Popcorn Bidding” is enabled whereas if a new bid is placed very close to the end of the auction, the auction will extend for an additional amount of time to give other bidders the opportunity to place a new bid. This gives all bidders an equal chance of winning an auction if a last minute bid is placed and prevents other bidders from "sniping" an auction at the last second.

C. Bids and Bidding

To place a bid through the Auction, you must follow the instructions located on the Service (https://buylowwarehouse.com/pages/how-to-place-a-bid). All bids for Lots being sold in the United States must be stated in US Dollars. Bidding for each Lot will often begin at an amount several bidding increments below the low pre-sale estimate. Certain Lots may be offered with a “Buy Now” bid option, which will be available until the normal bidding period opens (or if earlier, the date another buyer chooses the “Buy Now” option for that lot). By placing any bid on a Lot, you acknowledge and agree that you are committing to a legally binding and irrevocable offer to purchase the Lot at any price up to and including your highest bid amount, including any maximum or proxy bid. By choosing the “Buy Now” bid option, you acknowledge and agree that you are committing to a legally binding and irrevocable offer to purchase the Lot at the “Buy Now” price. Subject to the “Reserves” section below, if you place the highest bid for a Lot as determined by BLW at the close of Auction (or if you choose the “Buy Now” bid option), your bid will be deemed accepted, and you will be obligated to purchase the Lot at the bid price (or the “Buy Now” price, as applicable) and pay any applicable fees and taxes as set forth in this Agreement. Failure to complete the transaction after acceptance of your bid is a breach of this Agreement and is legally actionable by BLW. All bid retractions require the prior written consent of BLW. BLW may reject any bid at its sole discretion. If you are a Seller or acting on behalf of a Seller, then you and any agents acting on your behalf are expressly prohibited from bidding on any Lots provided to BLW or the Auction by or on behalf of that Seller. If you or your agent bid on a Lot in violation of the foregoing and are the highest bidder for the Lot, you will pay us the Seller’s Commission described in the “Seller’s Commission and Payments” Section below, and the Buyer’s Premium (as defined in the “Auction Payments” Section below), and you or your agent shall not be entitled to any of the representations, warranties, or other rights or benefits provided by us to any Buyers under this Agreement.

D. Estimates

You agree that any pre-sale estimates (or any other estimate, whether communicated by us to you or included in any Internet posting or printed or electronic auction catalogue or other publication) does not constitute (i) an appraisal of the actual or likely sale value of a Lot, (ii) a commitment as to the correct price (or price range) at which a Lot should be offered for sale, or (iii) a guarantee of the sale price of that Lot. You acknowledge and agree that we may, as experts in our field, revise estimates in our sole discretion in order to optimize the performance of the Lot at the Auction, but that we can not guarantee the selling price to be within any estimates. Please note that we will not change the Reserve without the applicable Seller’s agreement.

E. Reserves

Lots to be sold through the Auction will consist of one (1) or more items. Some of the Lots are offered for sale subject to the “Reserve.” The “Reserve” is a confidential minimum valuation agreed upon by the Seller of such Lot and BLW under a Consignment Agreement, below which BLW is not obligated to sell such Lot. BLW may choose to implement any such Reserve by placing bids up to the amount of the Reserve. If bidding does not reach a Lot’s Reserve at the close of the Auction, BLW may, at its sole discretion, (i) sell the Lot to the highest bidder at his or her highest bid amount, even if the bid amount is below the applicable Reserve (without limiting BLW’s payment obligations in the Consignment Agreement), or (ii) refuse to sell the Lot. BLW may make downward adjustments to a Lot’s Reserve upon oral agreement with, or instruction from, the applicable Seller.

F. Viewing

Each Seller expressly acknowledges and agrees that, as part of our sales and marketing activities, we may hold pre-sale exhibitions and/or present Lots to potentially interested parties for viewing and, where applicable, trial. For such purposes, we may also transport Lots to locations outside our premises. BLW reserves the right to promote these viewings in any way we deem necessary. Anyone interested in bidding is encouraged to visit the pre-auction exhibitions. You agree to exercise due care in handling any Lot at a viewing.

G. Buyer’s Auction Payments

The Buyer must make full payment of the purchase price of any Lot to BLW, plus any applicable sales taxes, fees, and all charges associated with shipping (including shipping insurance), and the Buyer’s Premium (hereinafter defined), no later than twenty-four (24) hours after the close of bidding. For each Lot purchased, the Buyer shall pay to BLW a “Buyer’s Premium” equal to twenty percent (20%) of the total purchase price. In the event that the Buyer placed both the first and last bids on the Lot (or the only bid, if only one (1) bid was placed, or if the “Buy Now” option was used), then the Buyer’s Premium shall be reduced by two percent (2%). For example, in such instance, the Buyer shall pay to BLW a Buyer’s Premium equal to eighteen percent (18%) of the total purchase price.

After the close of bidding, BLW will attempt to notify (i) each winning bidder and (ii) each Buyer having chosen the “Buy Now” bid option, via email using the contact information provided by the winning bidder/Buyer. You are responsible for providing BLW with accurate and current contact information. Payment will be accepted in any of the following methods: company check, cashier’s check, money order, wire transfer, credit card, or cash. All mailed payments and notices should be sent to BuyLow Warehouse LLC, 593 Airport Rd, Gallatin, TN 37211. Payments may also be made in person while picking up the item if it is to be paid with a company check, cashier’s check, money order, or cash. All electronic payments must be made and confirmed prior to arrival for pickup.  Please bring proof of payment when picking up. No Lot will be released and no title to any Lot will be transferred to any Buyer until full payment is received by BLW. BLW reserves the right to hold Lots purchased by company check until such check has cleared in full. BLW may impose, and Buyer agrees to pay, a monthly interest charge of three percent (3%) of the total purchase price of any Lot (or the highest rate permitted by applicable law, whichever is less) not paid by the Buyer within three (3) days after the date of sale. In addition, any item not picked up within three (3) business days of the auction closing will start to incur a daily storage fee of five dollars ($5.00) per day, billed in full week increments and due if any portion of the week is used.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent or placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All bids and offers must be net of any taxes imposed with respect to the sale or purchase transaction. Buyers are liable for all such taxes or for establishing to BLW’s satisfaction on behalf of the Seller or on behalf of BLW a valid exemption certificate from such taxes. Buyers and Sellers acknowledge and agree that BLW is providing a service in the calculation, reporting and remittance of sales or use taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with Your use of the Service. Each Buyer shall indemnify BLW against any tax, cost or expense relating to the failure of the Buyer to satisfy any sales or use tax liability related to a transaction. Each Seller shall indemnify BLW against any tax, cost or expense relating to the failure of the Seller to satisfy any sales or use tax liability related to a transaction within their jurisdiction

H. Withdrawal

BLW may withdraw any Lot from any Auction at any time and for any reason we consider appropriate, if, for example, we have concerns regarding the provenance, title, authenticity, attribution, composition, age, condition, value or marketability of that Lot, or more generally, if we believe the sale of that Lot would be improper. With BLW’s approval, a Seller may withdraw any Lot from any Auction prior to the initial publication of the applicable sale and, in such event, the Seller shall pay BLW any fees outlined in the applicable Consignment Agreement, plus our charges for any repairs made to the Lot, if applicable, and an insurance fee equal to what is disclosed in the Consignment Agreement. If a Seller withdraws a Lot, that Lot will be returned to the Seller (in accordance with the “Unsold Lots” Section below) at the Seller’s expense and risk and following our receipt of all monies due to us in accordance with this Agreement.

I. Shipping/Pickup for Buyers

Upon BLW’s receipt of full payment for a Lot from the Buyer, BLW will arrange for the packaging and shipping of the Lot in accordance with instructions provided by the Buyer with respect to shipping options BLW may propose (BLW also reserves the right not to ship a Lot for any reason). Where the Lot is not to be shipped to the Buyer, WITHIN THREE (3) BUSINESS DAYS OF THE COMPLETION OF BIDDING the Buyer shall arrange for the Lot to be picked up from BLW’s offices at 593 Airport Rd, Gallatin, TN 37211 after making full payment. Buyer is responsible for all labor and equipment required to load and remove Property from BLW's Offices.  BLW reserves the right to require, from the person picking up a Lot, appropriate identifying documentation and, where applicable, advance written authorization which BLW can reasonably confirm to be from the Buyer. Security for purchases is the responsibility of the Buyer and begins immediately upon the sale of each lot. Removals are at the expense, liability and risk of the Buyer. BLW shall not be responsible for goods not removed within the specified time period. UNDER NO CIRCUMSTANCE WILL BLW BE RESPONSIBLE FOR NON-DELIVERY OR DAMAGE TO LOTS INCURRED DURING SHIPMENT TO BUYER.

J. Storage for Buyer

The Buyer agrees to pay a daily storage fee of $5 for any Lot or portion of a Lot which has not been shipped to or picked up by the Buyer within three (3) business days after the close of the applicable Auction. BLW shall not be responsible for any loss or damage to property left on its premises after the close of the Auction.

K. Bidder Default

If the highest bidder (or the Buyer pursuant to a Buy Now option) on a Lot does not pay BLW in full for such Lot in accordance with this Agreement (a “Defaulting Bidder”), BLW may attempt to sell such Lot to another purchaser, whether at a future auction or in a private sale, set the item to go up for auction again, or BLW may choose to return the Lot to the seller. In the event of a new sale, the Defaulting Bidder shall remain responsible for, and shall pay to BLW, all deficiencies between the Defaulting Bidder’s purchase price and the new sale price received by BLW for such Lot, plus all “Damages” (as defined below). If BLW informs the Defaulting Bidder that the Lot is being returned to the Seller, the Defaulting Bidder shall in any event immediately pay to BLW the Damages. The term “Damages” shall be, whichever is greater, thirty-five dollars ($35.00) or the sum of all legally enforceable damages resulting from the Defaulting Bidder’s default, including without limitation the Buyer’s Premium (if any disclosed in auction) on the intended sale to the Defaulting Bidder, BLW’s costs and expenses in connection with the attempted sale (and if applicable, re-sale) of the Lot, or its return to the Seller, and BLW’s and the Seller’s respective legal fees and costs. BLW shall be entitled to immediate payment from the Defaulting Bidder, including through injunctive relief or any other form of specific performance or interim or equitable relief available in the jurisdictions where Defaulting Bidder resides or holds assets, of the amounts owed to BLW by the Defaulting Bidder.

L. Photographs and Reproductions

You (whether a Seller, Buyer, or otherwise) hereby authorize BLW to photograph, film, tape, digitally record, or otherwise create audio and video recordings, still images and/or textual descriptions, testimonials, and statements (which may include, without limitation, information concerning the provenance, authenticity, attribution, age, composition and/or condition of any Lots) relating to any Lots or other items offered or purchased by you through or in connection with any Auction (hereinafter the “Reproductions and Materials”), without compensation or further permission. You further authorize BLW, and its licensees, directors, officers, employees, contractors, representatives, successors and assigns (collectively, the “Associated Parties”) to edit, modify, adapt and change the Reproductions and Materials at their sole discretion, and to incorporate the Reproductions and Materials into print publications, electronic publications, software, video or sound recordings, broadcasts, programs, or any other media, whether now known or hereafter developed (“Publications”). You hereby authorize, for worldwide commercial and non-commercial purposes, BLW to use, reproduce, distribute, license to others, and otherwise exploit all intellectual property rights in and to the Reproductions and Materials and the Publications in any manner of media whatsoever now or hereafter known. You relinquish all right, title and interest you may have in any Reproductions and Materials or the Publications as modified or unmodified, and you hereby assign all right, title and interest you may have in any Reproductions and Materials or the Publications to BLW. You further hereby irrevocably agree that you will not assert or maintain against BLW, or the Associated Parties any claim, action, suit or demand of any kind or nature, including, but not limited to, those grounded upon infringement, invasion of privacy, right to publicity, defamation, libel or slander in connection with the Reproductions and Materials or the Publications or the exercise of the rights granted herein. You represent and warrant that you control all of the necessary rights (or have obtained the required permissions) in order to grant the rights and releases contained herein and that you have the authority to grant such rights and releases, and that there is no third-party obligation that interferes or prevents you from granting the rights and releases specified herein. If you are a Seller, you further represent and warrant that there are no restrictions on our right to photograph any Lots you placed with our Service or create other Reproductions and Materials and to reproduce, publish, or distribute any Reproductions and Materials in any manner in connection with the performance of this Agreement.

M. Sellers’ Terms

By using the Service as a Seller, you expressly agree to the terms and conditions of these “Sellers’ Terms” in addition to all other terms and conditions of this Agreement, with respect to all Lots that are subject to any Consignment Agreement entered into between you and BLW .

      1. Ownership of Lots. You represent and warrant that you have all necessary rights to provide all such Lots to BLW and the Service and to sell such Lots and items through the Auction. You will promptly provide us with documentary evidence and/or a formal opinion of recognized legal counsel as reasonably requested by us to verify your ownership of a Lot, your right to sell the Lot in accordance with this Agreement, and your compliance with applicable laws and regulations regarding such Lot. You will fully cooperate with us to the extent any additional documentation is required from you to effect a transfer of ownership to a Buyer of any such Lot. You will fully and promptly cooperate with us to the extent any inquiries or claims are threatened or asserted regarding any of your representations above, including without limitation any commitments we make in reliance upon your representations.
      2. Repairs to Lots. We may, at your expense, and with your permission, make small repairs to Lots.
      3. No Guarantees. You recognize and accept that we routinely and contemporaneously offer properties for sale, both through the Auction and privately, which could be considered competitive with one or more of your Lots, and we do not promise that any Lot will be effectively marketed or sold.
      4. Seller’s Commission and Payment. In the event your Lot is sold through the Service or otherwise by BLW, you agree to pay us the commission set forth in the applicable Consignment Agreement (“Seller’s Commission”). The Seller’s Commission becomes due and payable to us on date of the sale of the Lot. We will deduct the Seller’s Commission and any other amounts due to us from the sale proceeds of such Lot at the same time as we remit payment to you in respect of the balance of the sale proceeds, and we will pay you the balance on or before the later of (i) thirty (30) days from the closing of the applicable Auction and (ii) the tenth (10th) day following our receipt of full payment from the Buyer. The Seller’s Commission and all other amounts payable under this Agreement are exclusive of any applicable sales or value added tax which shall be paid at the same time as payment of the Seller’s Commission or such other sums. You acknowledge that we may charge the Buyer of each Lot a Buyer’s Premium as specified in the “Buyer’s Auction Payments” Section above. We may, without further notice to you and without any additional cost to you, pay on our own behalf any third party commissions that we may determine to be required in connection with the sale of any Lot. If a Buyer fails to pay us or forfeits a bid, we may choose (but we are not obliged) to (a) enforce payment by the Buyer, to (b) sell the Lot to the next highest bidder, or (c) cancel the sale. With respect to a Lot that thereby remains unsold, we may: (x) make a private sale of the Lot at a purchase price that is no less than its Reserve, if any; (y) continue to keep the Lot under this Agreement and offer it for sale at our next Auction; or (z) return the Lot to you at your expense and risk (provided that if we paid you a portion of the sales price of the defaulted or forfeited sale, you shall promptly return such proceeds to us prior to our returning the Lot to you) in accordance with the “Unsold Lots” Section below.
      5. Unsold Lots. With respect to unsold Lots, you shall, within five (5) business days of any notice therefor from us, arrange for pickup at our premises during our ordinary business hours, or you shall instruct us with shipping details; in either case within that five (5) business day period, you shall also pay us any sums owing to us pursuant to this Agreement. If you fail to arrange for pickup or instruct us with shipping details (together with payment of amounts owing to us) within such five (5) business day period, we shall, on written notice to you, be entitled to charge you a weekly storage fee of $15.00 (fifteen dollars) per week, billed in whole week periods and deemed earned as of the start of the week, for each Lot beyond such five (5) business day period. If any Lot remains uncollected beyond five (5) business days from our notice as provided above, we may, without written notice to you, offer the Lot for sale at auction (through us or any other seller) without regard to the Reserve, if any. Any amounts owing to us by you (including storage, insurance, and packing fees) shall be paid in full prior to us releasing a Lot for pickup or shipment. For Lots being picked up at our premises, you will bring appropriate identification or, as applicable, provide advance copies of any written instructions for a third party to retrieve a Lot. In no event will we be liable for any of your property damaged or lost in transit.

N. Government Restrictions

You acknowledge and agree that you alone are responsible for complying with any export, import, and other laws, rules, or regulations in connection with offering for sale, selling, purchasing, importing, or exporting any Lots in connection with the Service, and you will obtain any licenses necessary to sell, purchase, export, and import any items provided or purchased by you. As an exception to the foregoing, BLW shall handle any such compliance requirements, and obtaining necessary licenses, resulting from BLW’s decision to transport a Lot for viewing or sale outside the country in which the Lot was consigned to BLW. You will in any event pay any fees, duties and taxes related to all of the foregoing compliance and license requirements. BLW reserves the right not to ship endangered species materials abroad even if the items in question are over one hundred (100) years old unless a CITES exemption permit has been obtained. BLW also reserves the right to refuse to sell or ship any items (purchased or otherwise) if BLW believes, in its sole discretion, that selling or shipping such items would be in violation of any applicable laws, rules, or regulations.

O. No Attributions

You acknowledge that BLW operates as a wholesale marketplace, and with respect to any Lot offered at auction, BLW makes no warranties or representations regarding provenance, authenticity, title, attribution, condition, value, composition or marketability. If BLW indicates that a Lot is “labeled” or “stamped” an author, this is not a guarantee or representation of authorship, and Buyer shall have no right to contest the authenticity of such Lot. 

P. Our Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “BLW Content”), and all Intellectual Property Rights (as defined herein) related thereto, are the exclusive property of BLW and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BLW Content. Use of the BLW Content for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.


You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BLW under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BLW does not waive any rights to use similar or related ideas previously known to BLW, or developed by its employees, or obtained from sources other than you.

Q. Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy (https://buylowwarehouse.com/350978105/policies/6536036409.html), and to have your personally identifiable information collected, used, transferred to and processed in the United States.

R. Security

BLW cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

S. Indemnity

You agree to defend, indemnify and hold harmless BLW and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses (including lost commissions), liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of this Agreement, including without limitation your breach or alleged breach of any of the representations and warranties above or any of the terms and conditions of a Consignment Agreement you have entered into with BLW; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (vi) your failure to comply with any import, export, or other laws or regulations in connection with any Lots purchased or provided by you, including without limitation any failure to pay any applicable fees or obtain any necessary licenses; (vii) any misrepresentations made by you in connection with any Lot provided by you; or (viii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

T. No Warranty

THE SERVICE (INCLUDING THE AUCTION SERVICES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLW OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BLW, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.


ALL LOTS ARE SOLD AT AUCTION “AS IS” AND, EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT OR OUR WRITTEN RETURN POLICY, BLW MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO ANY LOT, INCLUDING WITHOUT LIMITATION, REGARDING PROVENANCE, AUTHENTICITY, TITLE, ATTRIBUTION, CONDITION, VALUE, COMPOSITION, MARKETABILITY, OR COMPLIANCE WITH ANY LAWS OR REGULATIONS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT OR IN A SEPARATE WRITING BY US, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY TO YOU, EXPRESS OR IMPLIED, AND YOU WAIVE ANY CLAIM YOU MIGHT OTHERWISE HAVE AGAINST US OR ANY OF OUR AFFILIATES, AGENTS OR SUBCONTRACTORS ACTING IN SUCH CAPACITIES, WITH RESPECT TO ANY STATEMENTS OR WRITINGS CONCERNING THE PROVENANCE, TITLE, AUTHENTICITY, ATTRIBUTION, COMPOSITION, AGE, CONDITION, VALUE, OR MARKETABILITY OF ANY LOT. BLW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLW SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BLW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSION OF WARRANTIES SET FORTH ABOVE EXPRESSLY SUPERSEDES ANY WRITTEN OR ORAL STATEMENT MADE BY BLW AT ANY TIME (OTHER THAN ANY WRITTEN WARRANTY BLW MAY CHOOSE TO PROVIDE IN A SEPARATE WRITTEN AGREEMENT WITH A USER).

U. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE (INCLUDING THE AUCTION SERVICES). UNDER NO CIRCUMSTANCES WILL BLW BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, BLW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR THE PURCHASE OF ANY LOTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. EXCEPT AS EXPRESSLY PROVIDED IN THE “AUCTION TERMS” SECTION ABOVE, IN NO EVENT SHALL BLW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BLW HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100.00, WHICHEVER IS GREATER. IN NO EVENT WILL BLW BE HELD LIABLE TO ANY PERSON FOR ANY LOT IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE ACTUALLY RECEIVED BY BLW FOR SUCH LOT.


EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT WILL BLW BE LIABLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO ANY AUCTION, OR IN ANY CATALOG OR OTHER DESCRIPTIONS OF A LOT, OTHER THAN AS A RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT OF DAMAGE TO OR THEFT OR OTHER LOSS OF A LOT, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE NET AMOUNT OF INSURANCE PROCEEDS RECEIVED BY US ON ACCOUNT OF COVERAGE OF THE LOT MAINTAINED BY US, LESS THE COMMISSION AND ANY OTHER AMOUNTS THAT WOULD HAVE BEEN PAYABLE BY YOU TO US.


THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


The Service is controlled and operated from facilities in the United States. BLW makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

V. Governing Law and Class Action/Jury Trial Waiver

      1. Governing Law; Exclusive Jurisdiction and Venue

THIS AGREEMENT SHALL BE DEEMED TO BE A CONTRACT MADE UNDER THE LAWS OF THE STATE OF TENNESSEE DAVIDSON COUNTY AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF SAID STATE APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED WITHIN SAID STATE AND SHALL BE BINDING UPON THE PARTIES, AND THEIR HEIRS, EXECUTORS, BENEFICIARIES, SUCCESSORS, AND ASSIGNS. Each of BLW and you (a) hereby irrevocably submits to the exclusive jurisdiction of the courts of the State of Tennessee, for the purposes of any suit, action or proceeding arising out of or relating to this Agreement, and (b) hereby waives, and agrees not to assert in any such suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that the suit, action or proceeding is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper.

2. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BLW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

W. General

      1. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BLW without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

2. Force Majeure

No party shall be responsible to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: non-availability or failure of any third party service, act of God, governmental act, war, fire, flood, explosion, communications or failure of the Internet or civil commotion.

3. Notification Procedures and Changes to the Agreement

BLW may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by BLW in our sole discretion. BLW reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. BLW is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. BLW may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

4. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with BLW in connection with the Service, including without limitation any applicable Consignment Agreements between you and BLW, shall constitute the entire agreement between you and BLW concerning the Service. In the event of a conflict between any term of this Agreement and any term of a separate written agreement between you and BLW (including a Consignment Agreement), the terms of the separate written agreement shall govern. If any provision of this Agreement (or portion thereof) is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement (or any other portions of such provisions), which shall remain in full force and effect.

5. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BLW’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

6. Contact

Please contact us with any questions regarding this Agreement at the support email. 

Support@buylowwarehouse.com