AUCTIONS Information Control: Information about Auction Items is posted on behalf of 3rd Party Sellers. Users may find Item information to be inaccurate or lacking in detail. No representations or warranties with respect to such information or Auction Items, all of which are provided "as is". We strongly advise that You make use of any available inspection period to personally inspect Items so that You can make the best bidding and buying decision possible. Please use caution and common sense when using the Website. We have no control over the quality, safety or legality of the Auction Items listed, the truth or accuracy of the listings or any other information provided by 3rd Party Sellers about the Items. Auction Period: The Auction period shall be determined by JJ's Treasures and will end at a time to be determined by JJ's Treasures, at its sole discretion. Bidder Conduct: You acknowledge and agree that once a bid has been submitted on Your behalf, You may not retract the bid. Binding Offer to Purchase: If You are the highest bidder ("Buyer") at the end of an Auction and have met the reserve bid, if there is a reserve bid, then You are obligated to complete the transaction unless the transaction is prohibited by law or by this Agreement. Bidders agree that bidding on the Website is the legal equivalent of a firm purchase order. Void Bids: We reserve the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, or are prohibited by applicable law. Winning Bids: JJ's Treasures is the one and only judge for the determination of winning bids, but shall not be liable for any errors or omissions relating to such determination, whether by JJ's Treasures or some other person. Postponement and Cancellation: JJ's Treasures reserves the right to postpone or cancel any Auction, or any sale resulting therefrom, at its own discretion, without notice. JJ's Treasures will have no liability to prospective bidders or 3rd Party Sellers as a result of any withdrawal, cancellation or postponement of Auctions or sales. Withdrawal of Auction/Auction Items: User acknowledges and agrees that Auction Items may be withdrawn or sold prior to or after the end of the designated auction period, that the Auction may be discontinued, either temporarily or permanently, and that the Auction may, at JJ's Treasures sole discretion, be extended beyond the designated auction period, all without notice to User. Generally, Auction Items shall be sold to the highest bidder; provided, however, that some Items may be auctioned with minimum reserve prices, and/or subject to 3rd Party Seller's right of confirmation. 11. Completion of Transactions Liability for Auction Items: Auction Items shall be and remain at the risk of the 3rd Party Seller (and not JJ's Treasures) until the Item is removed from the posted Auction location by the Buyer or the Buyer's designated transportation provider. The Item shall be and remain at the risk of the Buyer and/or the Buyer's designated transportation provider while in transport. The Item shall be and remain at the risk of the Buyer once delivered to the designated location. Sales and Use Tax: All bids and offers must be net of any taxes imposed with respect to the sale or purchase transaction. satisfaction on behalf of the 3rd Party Seller. Buyers and 3rd Party Sellers acknowledge and agree that JJ's Treasures 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 JJ's Treasures 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 3rd Party Seller shall indemnify JJ's Treasures against any tax, cost or expense relating to the failure of the 3rd Party Seller to satisfy any sales or use tax liability related to a transaction within their jurisdiction Buyer's Premium and Fee's: JJ's Treasures may, at its discretion, charge a Buyer's Premium and/or Fee's on Auction Items sold. The Buyer's Premium and/or Fee's is an additional service charge, for which the Buyer is responsible. If an Auction includes a Buyer's Premium and/or Fee's, it will be clearly indicated in the auction-specific terms and preview info, and on lot detail pages. All Buyer's Premiums and/or Fee's, must be paid prior to releasing any Items for pick-up and transport. Payment and Payment Period: The Payment Period for all Auctions shall be determined by JJ's Treasures and will be posted in the auction-specific terms and on Item detail pages. Full payment from the winning bidder in the amount of the auction closing price, applicable Buyer's Premiums and sales tax must be posted to a secure payment account designated by JJ's Treasures within the posted Payment Period. Buyers may pay for their Items online with a valid credit card or in person with cash. Without limiting the foregoing, full payment is due prior to the removal or transportation of purchased Items. Buyer Default: If, after the Payment Period has ended, the Buyer does not make full payment in accordance with the terms set forth above, the Buyer is considered in default and their Auction Item(s) will be re-listed in an Online Auction. If after the Payment Period has ended and the Buyer does not make payment in full in accordance with the terms set forth above, JJ's Treasures will suspend the buyer's account; preventing the bidder from bidding on JJ's Treasures future auctions. JJ's Treasures will not reinstate the account unless the account holder agrees to pay a fee equal to 25% of the unpaid balance due. Any suspended bidder attempting to create additional accounts will be denied service and new accounts will be suspended. All invoices must be paid in full and user has a zero balance before any items will be released from any location. Item Removal and Removal Period: The Removal Period for Auction Items shall be determined by JJ's Treasures and will be posted in the auction-specific terms and on Item detail pages. Buyer may remove Auction Items from the 3rd Party Seller's location once the total purchase price (and any applicable sales tax and the Transaction Fee) has been received and posted to a secure payment account designated by JJ's Treasures. Buyers are responsible for loading and shipping Auction Items unless otherwise noted. JJ's Treasures shall have no responsibility with respect to disconnecting utilities to Auction Items, including electric, gas, waste and water lines. It is the Buyer's responsibility to arrange and pay for the insurance, removal and shipment of purchased Items. Item removal shall be conducted responsibly and with due care for the 3rd Party Seller's premises. The Buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased Items. In some cases the Buyer may be required to provide a deposit before removal but that deposit will be refunded immediately upon completion of removal and approval of the property owner or manager. If the Buyer does not remove an Item within the designated removal period, the Buyer will be deemed to have abandoned the Item and the Buyer will have no further rights with respect to the Item. No claims of any kind shall be allowed after Item has been removed by the Buyer. Freight and Transportation: The Buyer is responsible for all freight, shipping and other costs related to transporting Auction Items from the posted Auction location, including but not limited to any costs associated with certificates and/or permits required to move Auction Items within or across state, province and/or country borders. Buyers are advised to have all such certificates and permits issued and completed prior to transporting the equipment; otherwise Buyer may be subject to cleaning, permit, and/or other fees if the Items are stopped and held at a Port of Entry to a state, province or country. Buyers may arrange transportation of Auction Items on the Website through a third party, but JJ's Treasures will not be liable for any acts or omissions arising from such third party transportation and claims no responsibility for the actions of any transportation provider. If the person picking up and removing Items from an auction location will be someone other than the registered Buyer, the registered Buyer must establish that person or company as an "Authorized Agent" by completing an "Agent Release Authorization" form. Buyers may not transport Auction Items until full payment (including any applicable sales tax and Buyer's Premium) has been received posted to a secure payment account designated by JJ's Treasures. Constructive Receipt: Once Constructive Receipt has occurred for any Auction Item, remittance of proceeds to the 3rd Party Seller may occur. Any dispute claims subsequently filed by the Buyer are invalid. Constructive Receipt of Auction Items occurs at the first occurrence of any of the following milestones (unless a dispute claim has been previously filed by the Buyer), provided full payment has been received by JJ's Treasures for the Item: a) At the time Buyer or Buyer's Authorized Agent removes the item from the 3rd Party Seller's location. b) At the time Buyer or Buyer's Authorized Agent begins disassembly of Item from its as-inspected configuration, including disassembly for transport. JJ's Treasures does not transfer legal ownership of Items from the 3rd Party Seller to the Buyer, and nothing in this agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of an Item is transferred upon physical delivery of the Item to the Buyer by the 3rd Party Seller. Unless the Buyer and the 3rd Party Seller agree otherwise, the buyer will become the Item's lawful owner upon physical receipt of the Item from the 3rd Party Seller, in accordance with Uniform Commercial Code § 2-401(2). 12. Disclaimer, Indemnity, Limitation of Liability Indemnification: You agree to defend, indemnify and hold harmless JJ's Treasures, its officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by You of these Terms, any use by You of the Website or any disputes or damages arising out of Your use of or contracts formed with You through this Website. Disclaimer of Warranties: THE SERVICES AND THE WEBSITE, INCLUDING ALL PROPERTY LISTED FOR SALE, CONTENT,FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS","AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JJ'S TREASURES DOES NOT WARRANT THE COMPLIANCE OF PROPERTY WITH ENVIRONMENTAL LAWS OR OTHER LEGAL REQUIREMENTS OR THE PRESENCE OF HAZARDOUS MATERIALS OR LACK THEREOF. JJ'S TREASURES DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. JJ'S TREASURES MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY PROPERTY FOR SALE THROUGH THE SERVICES OR THE WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. JJ's TREASURES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM JJ'S TREASURES OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY. JJ'S TREASURES EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.