Lot # : 324 - Queen Size 2-Inch Memory Foam Mattress Topper

Thank you for registering for our Phoenix auction. Your registration was successful. *Please take a few minutes and read the information below as it updates often. It is your responsibility to read and understand the information below. * These Terms and Conditions apply to any registration in each and every auction ("Auction") conducted by AZ Liquidation Partners LLC (dba PHX Auction Company), or its affiliates (collectively "PHX Auction Company") on behalf of one or more sellers (each, a "Seller") of tangible or intangible property or goods (collectively "Items" and individually an "Item"). Persons who participate in an Auction are referred to in these Terms and Conditions as "Users". A User who submits the highest bid on an Auction is referred to in these Terms and Conditions as a "Winning Bidder". Offers or bids submitted by any User in an Auction are referred to individually as a "Bid" and collectively as "Bids". BY REGISTERING FOR, AND BIDDING IN OUR AUCTION, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH PHX AUCTION COMPANY AND ARE AGREEING TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MAY NOT REGISTER FOR, OR BID IN, OUR AUCTION. 1. POSTPONEMENT; DISPUTES PHX Auction Company reserves the right to postpone, extend, or cancel any Auction, bid, or items in any Auction at any time without prior notice. By using the Platform, you agree that in any dispute on or relating to any Auction or Item or Bid, PHX Auction Company has the exclusive authority to make binding and non-appealable decision(s) regarding any such dispute. 2. BUYING Bids. A Bidder may request to have any bid removed prior to auction close. PHX Auction Company reserves the right to cancel any Bid for any reason at any time prior to the end of an Auction, or after the Auction pursuant to PHX Auction Company’s confirmation of the purchase and sale. All Auctions are subject to confirmation by PHX Auction Company and/or the Seller, meaning that the Winning Bidder's purchase of the Item(s) is subject to, and conditioned upon, PHX Auction Company and/or Seller's approval of the purchase and sale. If PHX Auction Company and/or the Seller choose not to approve the purchase and sale of the Item(s), PHX Auction Company will refund the Deposit to the Winning Bidder. Payment. All invoices will be charged to the Winning Bidder's credit card on file upon close of bidding. This payment is non-refundable unless PHX Auction Company and/or the Seller elect not to approve the purchase and sale of the Item(s), as provided above. Buyer's Premium. If the Auction page for a particular Item or Items indicates that a "Buyer's Premium" is in effect for the Auction, the Winning Bidder will be required to pay the Buyer's Premium, in the amount specified on the auction website page for a particular Item or Items, in addition to the Winning Bidder's Bid amount in accordance with the "Payment" section of these Terms and Conditions. Default. If payment in full is not received by the end of the business day following the day on which the Auction closed, PHX Auction Company may cancel all Bids and charge to the Winning Bidder a relisting fee of 30% of the total unpaid invoice amount ("Relisting Fee") to the Winning Bidder's credit card on file. Additionally, if the Winning Bidder fails to pick up his or her paid items by the 8th calendar day following the auction, PHX Auction Company may cancel all bids and impose the 30% relisting fee. Any funds received by PHX Auction Company in excess of the 30% fee will be refunded to the original payment method. After the 14th day following the auction, the sale will be considered final and no refunds will be provided. By placing a Bid you (A) acknowledge that the Relisting Fee is reasonable in scope and amount and adequately and appropriately compensates PHX Auction Company for the expense it incurs as a result of the Winning Bidder's failure to comply with the payment terms of these Terms and Conditions, and further acknowledge that PHX Auction Company’s actual damages resulting from Winning Bidder's breach of these payment terms would be impractical and extremely difficult to calculate, (B) acknowledge that the Item or Items may be sold to another User, (C) agree to pay the Relisting Fee in accordance with this paragraph, and (D) authorize PHX Auction Company to charge the credit card on file in accordance with this paragraph. THERE WILL BE ABSOLUTELY NO CHARGEBACKS OR DISPUTES OF THE RELISTING FEE. 3. PAYMENTS CREDIT CARD- Immediately after the close of each auction we will process your payment method on file for any lots you have won. This will include a 17% buyer’s premium and applicable sales tax. You will receive a confirmation email with a copy of your paid invoice. HiBid gives you the option to store multiple cards in your profile. When registering for each auction you can select the card you would like to use the time of registration. For any cards that fail to process we will send an invoice that can be paid online or in-person. Your invoice will come from: af360-noreply@sandhills.com. If you do not receive an invoice, please check your junk/spam folder. CASH BUYERS- We allow cash payments on a limited basis solely at our discretion. If you prefer to pay cash, please notify us in advance so we do not attempt to charge your card. You can email us at service@phxauctionco.com. If you elect to pay cash and do not make the payment or pick up your item within the allotted pick-up times, your card on file will be charged on the last day of the scheduled pickups. Any misuse of the cash buyer payment option will result in the suspension of the bidder’s ability to pay with cash. We reserve the right to remove the ability to pay in cash for any lot at any time. 4. AUCTIONS ITEM DESCRIPTIONS- at PHX Auction Co, we strive to provide accurate information for each lot in our auction. We inspect each item and sort them into one of the following categories: Five Star- Items in this category are new, unused items in their original packaging. A five star item will be free of cosmetic flaws and will function like a new item. The item may have slight damage to the original package, or the original package may have been cut open during the inspection process. Any exceptions to these guidelines will be noted in the description or photos included with the listing. Four Star-Items in this category can be either new items or returned items that show very little wear from use. The original packaging could be damaged but will generally still be in place. The internal packaging may show signs of being removed and repacked prior to the product being returned. Original manuals may be missing, but all accessories will be in place. The category may also contain items that would normally qualify for 5 Star, but have cosmetic issues. Any exceptions to these guidelines will be noted in the description or photos included with the listing. Three Star- Items in this category will be return items showing signs of consistent use. The item may not be in its original package, but it will function as intended. This item could have cosmetic flaws or be missing parts or accessories not necessary for the basic function of the item. In most cases, internal packaging will also be missing. Any exceptions to these guidelines will be noted in the description or photos included with the listing. Two Star- Items in this category will generally be non-functional or have condition issues which prevent normal function. These items may be listed for parts, or with the understanding that function is significantly impaired. Two star items are sold “as-is” and do not qualify for our 7 day listing guarantee. One Star- Items in this category will usually be untested items, most of the time sold by the pallet. These items could be anything from working and in good condition to non functional for parts, with no set percentage of each. One star items are sold “as-is” and do not qualify for our 7 day listing guarantee. Descriptions, photos and any other information given by PHX Auction Company or any of its agents or representatives, is solely for informational purposes. PHX Auction Company is not responsible for inaccurate photos, descriptions or information, express or implied. Users are encouraged to view items in person, when possible, and to do their own research and due diligence prior to bidding. All items in any Auction are sold "AS IS", "WHERE IS", and "WITH ALL FAULTS" with no warranty, express or implied, unless otherwise stated on the Auction in express terms. PHX AUCTION COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AUCTION OR ITEM OR ITEMS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND NON-INFRINGEMENT. EACH USER HEREBY RELEASES PHX AUCTION COMPANY AND ITS REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS OR AGENTS ("REPRESENTATIVES") FROM ANY AND ALL CLAIMS THAT SUCH USER MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST PHX AUCTION COMPANY OR ANY REPRESENTATIVES FOR ANY DAMAGES, INJURY, EXPENSES, LOSSES, CLAIMS, COSTS, OR LIABILITIES ARISING FROM OR RELATED TO ANY ERROR, INFORMATION, OMISSION, ACT, OR CONDITION AFFECTING ANY ITEM OR ITEMS IN ANY MANNER WHATSOEVER. THIS SECTION SURVIVES ANY TERMINATION OF THESE TERMS AND CONDITIONS. Notice of Reserve. ALL AUCTIONS ARE WITH RESERVE. Pursuant to UCC § 2-328 and applicable state law, notice is hereby given that in the event of a reserve, PHX Auction Company or its affiliates may implement such reserves by bidding on behalf of the seller, using one or more bidder numbers, until the lot or lots have reached a bid amount that is acceptable to the Seller. Notwithstanding the existence of any reserve, a Seller may accept a bid lower than any reserve price in its sole discretion. Counterbidding. Except where prohibited by applicable law, PHX Auction Company may counterbid on behalf of a Seller on any Item or Items. Interest. If PHX Auction Company has an interest in an offered Item or lot other than any commissions, including risk of removal, Seller's objection to selling an Item or lot for a particular price, or any other interest, PHX Auction Company may bid using one or more "house" bidder numbers to protect such interest. 5. LIMITATION OF LIABILITY USERS VIEW AUCTIONS AND SUBMIT BID(S) AT THEIR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PHX AUCTION COMPANY NOR ANY OF ITS REPRESENTATIVES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY USER (INCLUDING WINNING BIDDERS) OR THIRD PARTY FOR ANY DAMAGES, INJURY, EXPENSES, LOSSES, CLAIMS, COSTS, OR LIABILITIES ARISING FROM OR RELATED TO PARTICIPATION AS A USER OR SELLER IN ANY AUCTION OR RELATED IN ANY WAY TO THE AUCTION. THE FOREGOING LIMITATION OF LIABILITY EXTENDS TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. THIS PARAGRAPH SURVIVES ANY TERMINATION OF THESE TERMS AND CONDITIONS. 6. INDEMNIFICATION You agree to indemnify, defend, and hold PHX Auction Company and PHX Auction Company Representatives harmless, including any and all damages, losses, costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (A) your access to or use of the Platform; (B) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (C) any violation of these Terms and Conditions. PHX Auction Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to this indemnification, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without PHX Auction Company’s prior written consent. This paragraph survives any termination of these Terms and Conditions. 9. LEGAL DISPUTES PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PHX AUCTION COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED. You agree that any claim or dispute at law or equity that has arisen, or may arise, between you and PHX Auction Company (including any claim or dispute between you and a third-party agent of PHX Auction Company) that relates in any way to the Platform or arises out of this or previous versions of these Terms and Conditions, your use of or access to the Platform, the actions of PHX Auction Company or its Representatives, or any products or services sold or purchased through the Platform, will be resolved in accordance with the provisions set forth in this Legal Disputes section. A. Applicable Law. Except to the extent preempted or inconsistent by federal law, the laws of the state of Arizona govern these Terms and Conditions and the Platform and any claim that has arisen or may arise from the same, without regard to conflict of laws principles. B. Arbitration. You and PHX Auction Company agree that any and all disputes or claims that have arisen, or may arise, between you and PHX Auction Company or its Representatives that relate in any way to or arise out of this or previous versions of these Terms and Conditions, your use of or access to the Platform, the actions of PHX Auction Company or its Representatives, or any products or services sold or purchased through the Platform shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this section. i. YOU AND PHX AUCTION COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND PHX AUCTION COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to the right to appeal the court's decision. All other claims will be arbitrated. ii. Procedures. An arbitrator should apply the terms of these Terms and Conditions as a court would. All issues are for the arbitrator to decide, except for issues related to the ability or requirement to arbitrate or the scope or enforcement of this section or these Terms and Conditions. The arbitration shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures determined by PHX Auction Company. The AAA's rules are available at www.adr.org. If you intend to seek arbitration, you must first send to PHX Auction Company a written notice by certified mail specifying in detail the claim or claims you seek to arbitrate, including, without limitation, the date upon which the claim or claims were discovered, the alleged basis for such claim or claims, any and all relief sought, and any efforts prior to such written notice that were made in an effort to resolve the dispute. The notice must be sent to PHX AUCTION COMPANY, 3120 W THOMAS RD #801 PHOENIX, AZ 85017. If you and PHX Auction Company are not able to resolve the claim or claims within 60 days of the date of PHX Auction Company’s receipt of the written notice, you or PHX Auction Company may arbitrate the claim or claims. In addition to filing the appropriate forms with the AAA in accordance with its rules and procedures, you must mail a copy of the completed forms to PHX Auction Company. You may send a copy to PHX Auction Company at the following address: 3120 W Thomas Rd #801, Phoenix, AZ 85017. The arbitration will be held in Maricopa County, Arizona, unless another location is mutually agreed upon. The arbitrator will determine the substance of the claim or claims in accordance with the AAA rules and regulations and applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving any other User but is bound by any prior ruling including the same User who brought the instant arbitration claim or claims. iii. The arbitrator's award is final and binding and non-appealable, and judgment on the award rendered by the arbitrator may be entered in any court having proper jurisdiction. iv. Costs. All fees and costs related to any claim submitted to arbitration are governed by the AAA's rules and regulations. In any arbitration arising out of or related to these Terms and Conditions, the arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. C. Forum. In the event that the above arbitration procedures are found not to apply to you or to a particular claim or claims or dispute, you agree that any claim or claims or dispute that arises or has arisen shall be subject to the exclusive jurisdiction of the state or federal courts in Maricopa County, Arizona. You and PHX Auction Company agree to submit to the personal jurisdiction of the courts located in Maricopa County, Arizona for purposes of litigating any such claim or claims or disputes. D. Survival. This section survives any termination of these Terms and Conditions. 10. AMENDMENT PHX Auction Company may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on phxaucitonco.hibid.com. Such amendment may include modification, addition or removal of terms in these Terms and Conditions. Your continued access and/or use of the Platform constitutes acceptance of any such amended Terms and Conditions. PHX Auction Company may also request that you accept the Terms and Conditions affirmatively through the Platform. 11. SEVERABILITY Except as otherwise provided in these Terms and Conditions, if any provision of the Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. 12. AUTHORITY If you create an account or use an account on behalf of an entity, you represent and warrant that you are authorized to act on behalf of said entity and are able to bind such entity to these Terms and Conditions. By creating an account or using such an account on the Platform, you understand that PHX Auction Company is relying on your representation and warranty by allowing the entity's participation in Auctions. The creation of an account by and User for or on behalf of any other person is strictly prohibited. The use of any account by a person who is not the owner (or authorized agent, if the account is registered to an entity) of such account is strictly prohibited. PHX Auction Company may terminate your ability and/or the account holder's ability to use the Platform or participate in Auctions, or cancel any Bids placed by you or the account holder (under the same account or otherwise) for violation of the terms and conditions in this section.