BUYER TERMS AND CONDITIONS
The following Buyer Terms and Conditions ("Buyer Terms") govern your use of the website http://truckauctions.leaseplan.com (this "Site") to bid on and purchase equipment and other items ("Equipment") as a buyer (“you” or the “Buyer”) with respect to the auctions provided on this Site (the "Auction(s)"). These Buyer Terms, together with the Standard Terms and Conditions for Site Registration and Usage (together, the "Agreement"), contain the entire agreement with respect to the use of the Site and the purchase of Equipment, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.
ACCEPTANCE OF TERMS
Before you attempt to buy any Equipment through the Site, LeasePlan requires that you read and accept these Buyer Terms. BY PLACING A BID, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE BUYER TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED BY REFERENCE AND AGREE THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE SITE AND PURCHASE OF EQUIPMENT. If you choose not to accept these Buyer Terms, you may not bid on or purchase Equipment on the Site. If you have any questions, please contact truck.bids@leaseplan.com.
AUCTIONS
Auction Period. The Auction period shall be determined solely by LeasePlan.
Buyer Conduct. Sale price manipulation of any kind by any Buyer, directly or indirectly, including communicating with other Buyers or shill bidding, is prohibited,.
Binding Offer to Purchase. Buyer acknowledges and agrees that bidding on the Site is the legal equivalent of a firm commitment and an irrevocable offer to purchase any Equipment. Unless the transaction is prohibited by law or regulation or the Buyer Terms, once you place a bid it may not be retracted and you are obligated to complete the transaction; –including but not limited to any timed Auction in which you are the highest bidder at the end of such timed Auction and have met the applicable opening bid and met or exceeded the minimum price below which the Equipment will not be sold (the "Reserve Price"), if any.
Winning Bids. LeasePlan shall, in its sole discretion, make the determination of winning bids and the final sale price of any Equipment ("Final Selling Price"). LeasePlan shall not be liable for any errors or omissions relating to such determination, whether by LeasePlan or another third party. LEASEPLAN MAKES NO GUARANTEE THAT BIDS PLACED ON THE SITE WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
Voiding Bids. LeasePlan reserves the right in its sole discretion to reject or void any bid, whether winning or not, which it believes to have not been made in good faith, intended to manipulate the auction process, or prohibited by any applicable law or regulation.
Postponement and Cancellation. LeasePlan reserves the right to withdraw, postpone or cancel any Auction listing, or any sale resulting therefrom, in its sole discretion, for any reason, with or without notice to you. LeasePlan shall have no liability to you as a result of any withdrawal, postponement or cancellation of any Auction listing.
Auction Data. LeasePlan owns all right, title and interest in and to all data that is generated by the Site, including, without limitation, any data that is generated during an Auction.
Payment and Payment Schedule. Full payment in the amount of the Final Selling Price must be posted to a secure payment account designated by LeasePlan within five (5) business days (“Business Days” are Monday - Friday, excluding bank holidays) after the close of the Auction. All Buyers must tender payments via wire transfer. All amounts that are due and payable to LeasePlan must be paid by you prior to LeasePlan authorizing release of any Equipment you for pick-up or transport.
COMPLETION OF TRANSACTIONS
Removal of Equipment. You are responsible for dismantling, loading and shipping Equipment that you purchase, unless otherwise noted in the listing details for the Equipment. You shall take possession of Equipment no later than fifteen (15) business days after the Auction closes, after which you may be responsible for payment of storage fees, and in some cases payment of cost to transport Equipment to an alternate location.
Default. If, after seven (7) Business Days (which includes a two (2) Business Day grace period) following the close of an Auction, you have not made full payment of the Final Selling Price, you are in default and shall be subject to a Default Fee Penalty, as explained on the Site and incorporated herein by reference.
Freight and Transportation. You are responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination. These costs include, but are not limited to, dismantling, special handling, loading, transportation costs and permits required to move the Equipment.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
Disclaimer. EACH PIECE OF EQUIPMENT IS SOLD "AS IS, WHERE IS," AND LEASEPLAN MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEASEPLAN MAKES NO WARRANTY REGARDING THE FUNCTION OR OPERATION OF THE EQUIPMENT UPON DELIVERY TO YOU OR FOR ANY PERIOD OF TIME AFTER DELIVERY.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEASEPLAN BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS BUSINESS OR SALES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LEASEPLAN TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT, THE PURCHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE SITE AND OTHER SERVICES EXCEED, IN THE AGGREGATE, $100.00.
Indemnity. You agree to defend, indemnify and hold harmless LeasePlan, and its officers, directors, employees, agents, subsidiaries and employees from claims, suits, proceedings, costs and expenses (including reasonable attorneys' fees and costs, including costs and fees of experts), losses, liabilities, and damages, actual and consequential, of every kind and nature, including without limitation any personal injury, death or property damage, to the extent arising out of or in any way connected with (a) any breach or violation by you of the Buyer Terms, (b) any use by you of the Site or other services, and (c) any , and (c) the subsequent use of any Equipment sold or purchased from this Site.
GENERAL PROVISIONS
Governing Law; Jurisdiction and Venue. The Buyer Terms shall be governed by the laws of the State of Georgia without regard to conflict of laws principles. All disputes arising out of or in connection with these Buyer Terms shall be submitted to the exclusive jurisdiction of the courts of the State of Georgia.
Assignment. You may not assign or transfer or assign, by operation of law or otherwise, any of your rights under the Buyer Terms to any third party without LeasePlan's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Record Keeping. LeasePlan cannot guarantee the preservation or maintenance of records relating to historical Auction transactions and bidding activity and encourages you to keep individual records and an accounting of all activity conducted through the Site.
Termination. Without limiting any other remedies, LeasePlan shall have the right to terminate your access to the Site at any time, without notice, in LeasePlan's sole discretion for any reason, including, without limitation, if we (a) determine that you have violated the Buyer Terms (for example, violation of the prohibition on shill bidding), or (b) are unable to verify your bidder information.
