Terms and Conditions

Date; 10/17/18

The following terms and conditions are provided to setforth the rules by which the Totallosses.com (we or us), website will operate. Buyers and Sellers agree to be bound by these terms and conditions. If a buyer or seller DOES not agree to all terms and conditions then they should not use this site. we may change the terms and conditions at any time and the changes will be effective as soon as they are posted. these terms and agreements may not be changed unless done in writing between the buyer, or the seller and us.

 

PURPOSE OF THIS SITE

  1. Com is a facilitator only, we provide services that bring buyers and sellers together through our website. Any link on our site to any other company is there purely as informative information for buyers and sellers alike. We will list equipment for sale, solicit bids from buyers and then notify the sellers of all bids received for each piece of equipment. If the seller accepts a bid then they only will notify the buyer promptly to complete the sales transaction.
  2. It is the responsibility of the seller to provide all appropriate sales documentation to the buyer. It is also the seller’s responsibility to obtain payment and give authorization to the buyer to pickup and take possession of the equipment.
  3. Some or all bids are subject to sellers approval.

 

WARRANTIES

  1. All equipment sold on this site will be sold “AS IS, WHERE IS” with no warranties implied or otherwise, including guarantee of merchantability, fitness. the buyer agrees that once they have purchased a piece of equipment there is no returning the equipment unless mutually accepted by the seller and buyer alike.
  2. buyer and seller agree that neither shall be liable for any lost revenue, incidental, indirect or otherwise damages by such transaction.
  3. if a dispute arises between the buyer and the seller then the limit of liability shall be the purchase price only, less any buyer incurred transportation charges and or storage charges.

 

TAXES AND SALVAGE TITLE LAWS.

  1. SELLERS AND BUYERS ARE SOLEY REPSONSIBLE FOR ANY AND ALL APPLICALBE TAXES WHATSOEVER. SELLERS AND BUYERS ARE ALSO REPSONSIBLE TO ADHERE AND HOLD PRECEDeNT OVER ANY OTHER MATTER THE APPROPRIATE TITLE, SALVAGE LAWS. THE LISTING FOR THE EQUIPMENT TO BE SOLD WILL BE THE SOLE REPSONSIBILITY OF THE SELLER.
  2. com will confirm and verify dealer registrations for the purpose of salvage equipment buying. only licensed dealers can buy “salvaged equipment”. non salvaged equipment is open to all buyers.

METHODS OF SALE

  1. Totallosses.com provides three types of services to sell equipment they are;
    • Absolute Auction, regardless of bid amount the equipment will be sold to the highest bidder.
    • Bid to be Approved, The highest bid received for equipment marked Bid to be approved must be approved by the seller before the equipment is sold. If a bid is accepted in this category it must be approved in writing from the seller to the high bidder and us. If the high bid is rejected it must also be done so in writing to us only.
    • Owner Retention, Frequently owners, insured’s, claimants Etc wish to bid on their equipment for the purpose of retaining it. This category allows the owners, insured’s, claimants Etc to be notified of the high bid by the seller. If the owners, insured’s, claimants Etc matches or exceeds the high bid for the equipment, the seller may choose to award the equipment to the owners, insured’s, claimants Etc. The seller agrees to notify us in writing immediately after this decision is made.
    • REGARDLESS OF THE SELLERS OPTION THEY AGREE TO HAVE THE EQUIPMENT POSTED FOR AT LEAST 7 DAYS.

LISTING EQUIPMENT

  1. Items listed for sale may include text, graphics and any other tools required to maximize the selling exposure deemed necessary by us. The seller agrees to provide all required specifications of equipment we deem necessary to maximize the selling recovery. The seller will be solely responsible for the information they provide to us. If necessary we may contact you the seller, or your representative to verify information and or obtain additional information.
  2. Buyers may not withdraw their bid once they are awarded the high bid. Unless the seller and buyer agree mutually that they cannot continue the sale transaction for whatever reason. BUYERS ARE AWARE THAT IF YOU DO NOT HONOR A BID THEN YOU MAY LOOSE YOUR BUYING PRIVILIGES AND BE REMOVED FROM OUR BUYERS LIST. IF SO, YOU WILL NOT BE ABLE TO USE OUR SITE. SELLER IS AWARE IF YOU DO NOT COMPLETE A TRANSACTION WITH THE BUYER AFTER ACCEPTING THEIR BID, YOU MAY ALSO LOOSE YOUR SELLING PRIVILIGES. IF YOU DO THEN YOU WILL NOT BE ABLE TO USE OUR SITE.
    REGARDLESS OF THE ABOVE, THE BUYER AND SELLER AGREES TO HOLD HARMLESS TOTALLOSSES.COM FROM ANY LIABILITY, LOSS OF REVENUE, LEGAL LIABILITY AS A RESULT OF YOUR INABILITY TO CONDUCT BUSINESS TOGETHER.

FEES

  1. OUR FEES ARE BASED UPON SUCCESFUL SALE TRANSACTION BETWEEN BUYER AND SELLER. UPON ACCEPTANCE OF A SALE THE SELLER MUST NOTIFY US BY SENDING US A COPY OF THE BILL OF SALE. SELLER AGREES TO FURNISH A COPY OF A BILL OF SALE FOR EVERY SALE TRANSACTION REGARDLESS OF ITS ACTUAL REQUIRMENT. ONCE WE RECEIVE A COPY OF A BILL OF SALE WE WILL FORWARD OUR COMMISION INVOICE TO THE SELLER FOR PAYMENT. THE SELLER AGREES TO PAY OUR INVOICE UPON THEIR RECEIPT. SELLER ALSO AGREES TO PAY LATE CHARGES OF 1.5 PERCENT PER MONTH UNTIL PAID IN FULL.
  2. A 13% BUYER FEE WILL BE PRESENTED TO THE BUYER UPON BEING AWARDED A PIECE OF EQUIPMENT.
  3. 10% OF THE FINAL HIGH BID SUBMITTED TO THE SELLER BY US. THE ONLY EXCEPTION TO THIS FEE IS “BIDS TO BE APPROVED” THAT ARE REJECTED DUE TO INSUFFICIENT BID AMOUNT ONLY. OUR FEE FOR THE LISTING ONLY WILL BE A FLAT $150.00.
    OTHERWISE THERE ARE NO EXCEPTIONS TO THE FEES.

APPLICABLE LAW

  1. IT’S MAIN OFFICE IN THE STATE OF PENNSYLVANIA CONTROLS TOTALLOSSES.COM. ANY INTERPRETATION OF THESE TERMS AND CONDITIONS WILL BE DONE SO BY THE LAW IN THE STATE OF PENNSYLAVANIA. ANY BUYER OR SELLER FROM WITHIN OR OUTSIDE THE UNITED STATES AGREES TO ABIDE BY APPLICABLE PENNSYLVANIA LAW.

DISPUTES AND VENUE

  1. SELLER AND BUYER AGREE THAT ANY DISPUTE ARISING FROM THE TERMS AND CONDITIONS WILL BE DONE SO IN A STATE COURT OR FEDERAL COURT IN THE COUNTY OF BERKS IN PENNSYLVIA, USA. YOU AGREE TO BE HELD BY THESE TERMS AND FURTHER AGREE THAT NO ACTION MAY BE TAKEN AFTER ONE YEAR.
  2. THESE TERMS AND CONDITIONS ARE FACT, THEY OVERRIDE ANY PRIOR ORAL ARRANGEMENTS, AGREEMENTS IN WRITING OR OTHERWISE.
  3. THESE TERMS AND CONDITIONS SAHLL ANY NO WAY BE CONSTRUED AS DELVELOPING ANY RELATIONSHIP, AGENCY, PARTNERSHIP OR OTHERWISE BETWEEN BUYER, SELLER AND TOTALLOSSES.COM.
  4. NO PARTY SHALL BE LIABLE TO ANY OF THE OTHER FOR THEIR INABILITY TO PERFORM THEIR OBLIGATIONS DUE TO BUT NOT LIMITED TO ANY ACT OF WAR OR GOD OR INTERFERENCE BY ANY GOVERNMENT AGENCY, EQUIPMENT FAILURE OR WEATHER CONDITIONS PREVENTING BUSINESS CONDUCTION.
  5. THESE TERMS AND CONDITIONS MAY NOT BE RE-ASSIGNED WITHOUT WRITTEN CONSENT OF TOTALLOSSES.COM

BUYERS AND SELLERS SATEMENT.

  1. BUYER AND SELLER AGREE THAT YOU ARE REPSONSIBLE FOR THE USE OF YOUR REGISTERED PASSWORD. YOU AGREE TO ASSUME ALL REPSONSIBILITY FOR THE USE OF YOUR PASSWORD. YOU AGREE THAT YOU WILL NOT AUTHORISE ANY PERSON UNDER LEGAL AGE TO USE YOUR PASSWORD TO ACCESS THIS SITE. YOU ALSO AGREE THAT ANYONE BIDIING WITH YOUR PASSWORD WILL BE YOUR SOLE RESPONSIBILITY. THE SELLER AGREES THAT THE NAMED REGISTRANT HAS THE AUTHORITY TO ACCEPT OR REJECT BIDS AS REQUIRED AND WHEN NOTIFIED BY US.