UPDATE DATE: June 1, 2017
The Terms and Conditions (“Agreement”) presented here apply both to the Becker Arena Products, Inc. (“BAP”) website www.beckerarena.com and to the Rink Equipment Resource (“RER”) website www.rinkequipmentresource.com, and to the software, services, products, and materials offered for sale on these websites (“Websites”). BAP and RER may be referenced in this Agreement with terms like We, Us and Our. This Agreement covers Us, Our employees and Our authorized agents. In this agreement, terms like You and Your may refer to you as an individual customer or to you as a corporate customer. By registering as a user (“User”) of these Websites, You accept this Agreement and agree to comply with it. If You do not agree to this Agreement, You should not proceed. In using these Websites and conducting business on these Websites, You indicate Your acceptance of this Agreement on Your own behalf and on behalf of Your company, and are legally bound to this Agreement.
We reserve the right to change this Agreement. Changes will be posted to our Websites. Please review the Websites regularly to see any changes. Your continued use of the Websites signifies Your acceptance of any changed items.
This Agreement applies to all sales not under a separate customer-specific contract. If a customer-specific contract has been executed between You and Us, please refer to that contract for project-specific or job-specific terms and conditions.
PRICING: Many or Our products are priced and available to purchase on Our Websites. If a product is not priced, please call us at 1-800-234-5522.
SALES TAX: You assume all applicable sales tax(es). We collect sales tax where appropriate. For brokered items that may be offered through RER, the responsibility for submitting tax payments resides with You.
BAP PAYMENT TERMS: Upon approval of Your completed credit application, payment terms are Net 30 unless quoted otherwise.
BAP PAST DUE PAYMENT: All past due accounts are charged 1.5% monthly finance charge (18% annually). Shipments may be withheld on delinquent accounts.
RER PAYMENT TERMS: All sales are prepay prior to shipment.
BACKORDERS: Unless otherwise instructed, out-of-stock items will be automatically backordered and shipped as soon as possible.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: NEITHER WE NOR SELLERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES AVAILABLE THROUGH THESE WEBSITES OR OUR CATALOG(S). WE AND SELLERS SPECIFICALLY EXCLUDE AND DISCLAIM ALL WARRANTIES REGARDING SUCH PRODUCTS OR SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM THE COURSE OF DEALINGS OR USAGE OF TRADE. FURTHERMORE, IN NO EVENT WILL WE OR SELLERS BE LIABLE FOR ANY DAMAGES, WHETHER PERSONAL OR TO PROPERTY, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES; DAMAGES, COSTS OR EXPENSES FOR RECALL, RETROFIT, OR OTHER POST-SALE ACTION; LOST PROFITS; LOST BUSINESS OPPORTUNITY; ATTORNEYS’ FEES; DAMAGE TO BUSINESS OR BUSINESS RELATIONSHIPS OR LOSS OF GOODWILL, WHETHER FOR BREACH OR REPUDIATION OF ANY CONTRACTUAL TERM OR LEGAL DUTY IN CONTRACT, TORT, STATUTE OR OTHERWISE, RELATING TO THE PRODUCTS OR SERVICES.
RETURNS: Generally, returns are not accepted on RER items. If a return is permitted, prior approval is required from Us for all standard RER products. Such returns must be shipped pre-paid and are subject to a 15% handling and restocking charge. Unauthorized returns will be returned at Your expense. You shall approve customized items prior to construction and such items are not returnable under any circumstances. Contact Us for further information and instructions.
PAYMENT: May be made by:
LEGAL JURISDICTION: This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of laws provisions. You expressly consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in Hennepin County.
FORCE MAJEURE: Neither We regarding any products nor the Seller of used equipment via Our RER Website shall be liable for any delays in the delivery of orders, due in whole or in part, directly or indirectly, to fire, act of God, strike, shortage of raw materials, supplies or components, retooling, upgrading of technology, delays by carriers, embargo, government order or directive, or any other circumstance beyond Our or Sellers’ reasonable control.
VALIDITY: If any provision of these Terms and Conditions is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected.
Shipping charges, unless agreed otherwise, are a Buyer expense and must be included in the item payment. The responsibility for packaging is a Seller responsibility. We arrange shipping.
Generally We inform the Buyer when the item has been picked up and also provide the carrier name, phone number and tracking number. Items will only be shipped to the address the Buyer provides upon placing the order.
FREIGHT: Unless otherwise specified, all shipments are shipped F.O.B. stock location.
DAMAGE: We are not responsible for damage or loss in transit. Upon receipt of shipment, please examine the packaging carefully to see whether the package has been opened or damaged. If there is any damage, You must note it on the shipper’s copy of the bill of lading, have the driver acknowledge the damage through a signature, retain a copy of the Bill of Lading, and make a legible copy for Us. Please notify Us immediately so we can participate in claims adjudication. Whenever possible, save the packaging materials, take photographs of the damage, and provide copies of the photos to Us.
BUYER CONTACT/SHIPPING INFORMATION: Upon agreement to purchase, the Buyer shall promptly provide Us with all relevant contact information, including the requested delivery address. Further, the Buyer accepts full responsibility for unloading the purchased items from the common carrier.
RER SHIPPING AND PACKAGING: The responsibility for packaging and loading lies with the Seller.
The Seller will provide the weight and physical dimensions of the item to be shipped so that shipping costs can be calculated and quoted to any potential buyer. If the items being shipped are in more than one package, the number of packages with their individual weights and dimensions must be provided to Us.
Seller must be sure to package all products properly, because damage resulting from improper packaging is the Seller’s responsibility.
User is solely responsible for all conduct and transmissions that take place under the User’s username and password. Without limiting the foregoing, User represents, warrants and covenants that its use of the services and the Websites shall not:
(a) violate any applicable local, state, national, or international law, statute, ordinance, rule or regulation. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchased in the United States, and that User will not export from the United States any asset in violation of U.S. law. Certain items offered for sale at an auction may constitute Restricted Technology; under federal law, such items may not be shipped outside of the United States. We make no representation or warranty concerning, and have conducted no investigation to ascertain which items, if any, constitute Restricted Technology;
(b) interfere with or disrupt computer networks connected to Our services or the Websites;
c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;
(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User information;
(e) interfere with or disrupt the use of the services or the Websites by any other User, nor "stalk," threaten, or in any manner harass another User;
(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the services, the Websites, or that of other computer systems;
(g) use the services or the Websites in such a manner as to gain unauthorized entry or access to the computer systems of others;
(h) upload, post, transmit, publish, or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
(j) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the services or the Websites, or any component thereof (including, but not limited to any materials or information accessible through the Websites).
RER does not control the stock or equipment referred to on its Websites, unless so listed. This means the stock or equipment advertised is owned and held by other persons or companies. Such persons or companies are identified as “Seller” or “Sellers” in this Agreement. The Buyer will look only to the Seller for fulfillment of obligations of the Seller in relation to this Agreement. The Buyer agrees that We are not a party to the ultimate transaction between the Buyer and the Seller but are instead only acting as an intermediary. You hereby release Us from any and all liability in connection with the performance or nonperformance of Seller in conjunction with the transaction.
We place items for sale on Our website only following execution of a Seller Agreement, which specifies the commission rate, length of commitment, and any other relevant terms. Commissions and any additional services will be agreed upon in a Seller’s Agreement on each and every item We list. The commission shall be payable in US currency. A Seller will be charged commission on the sale of all items for which We provide an introduction; this is true even if items are not publicly advertised. Commission will also be charged on each and every subsequent transaction between the two parties within a period of twelve months commencing from the date of the initial transaction. The Seller further guarantees that he or she is absolutely free to sell or otherwise dispose of the item being offered for sale.
We reserve the right to refuse and not to publish any listing for any reason. Where a listing is accepted, We reserve the right to amend or alter that listing. We reserve the right to withdraw a listing at any time for any reason.
Listings We accept will normally be published on Our website and may also be included in printed periodic mailings, magazine and newsletter advertising.
While reasonable efforts are made to ensure the accuracy of listings, publication is made in good faith and reliant solely upon information given by Seller. Therefore, We shall not be held responsible for any inaccuracies or omissions that may occur. Nor can We be held responsible for the condition or suitability of the listed item.
The Brokered Products Terms and Conditions are provided to sellers and buyers separate from these Website Terms and Conditions; the Brokered Products Terms and Conditions take precedence.
We reserve the right not to provide the Seller’s contact information to the Buyer.
Some people may be concerned about sending money to an unknown Seller. We ease these concerns through our Customer Trust Account.
The exchange of all brokered items published on Our website(s) will be conducted through the Customer Trust Account. This is effectively a five-stage process:
Payment for all items are made to Us and funds will be deposited into Our Customer Trust Account. After the bank clears the transaction, We ask the Seller to ship the item. Within three days of receipt as above, payment will be sent to the Seller.
RER: Listing an Item
No item will be accepted for sale unless the Seller returns an executed Seller Agreement.
Seller must describe its items for sale in detail and as accurately and honestly as possible.
Seller should provide pictures in jpeg format. Upon Our approval, these photos will be used in marketing Seller’s item, generally on Our Website(s). Photographs should be an original of the actual item. In submitting photos Seller asserts copyright ownership and grants Us the right to use the photos. So as not to infringe copyright or misrepresent the items, no photos may be copied from a leaflet or catalog, magazine, website, or other published material without the copyright owner’s written permission, which in such case, Seller shall supply to Us without delay.
e will contact Seller if We feel more information is needed to market Seller’s item.
By using Our auction services, You agree to follow the guidelines in the following paragraphs:
AUCTION OVERVIEW AND GENERAL DISCLAIMER
RER offers some products through an online auction format. We may take actions against a registered User for their conduct, and reserve the right to exclude Users if We determine their actions to be inappropriate.
We cannot be held responsible for server downtime, or the inability to access Our site through a User’s ISP. Notifications We send via E-mail may not arrive in a timely fashion and cannot be relied upon to inform You of an item's status. In the event of any problems, We reserve the right to cancel, restart, or extend an auction or a complete auction as the circumstances may dictate.
All potential bidders must register on Our website before participating in any auction. We may, in Our sole discretion, deny registration or usage of Our website to any person or entity.
Prior to opening an auction, We will determine the auction duration. Bidding terminates automatically at a predetermined time that will be posted in the Auction Details. All posted times are Central Standard Time Zone.
When the auction ends, the winning bidder will be notified by e-mail.
If the winning bidder fails to contact Us with acceptable payment arrangements within three (3) business days, We reserve the right to contact the next highest bidder to offer the item to them, thus bypassing the original high bidder. This does not relieve the original bidder of any obligations to RER. A non-performing Bidder will be liable for any and all losses, attorney's fees, storage, collection costs, etc. due to bidder’s non-performance. RER may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized in writing by the Seller of the item. In the event of any dispute concerning the winning bid price for an item, Our decision shall be final.
In addition to those other obligations set forth herein, You acknowledge and agree that by placing a bid on an item, You represent, warrant and covenant: (1) that You shall not misrepresent Your ability to close the transaction pursuant to the applicable terms of the sale and in accordance with this Agreement; (2) that You have the capacity to close the transaction; (3) that You have actual authority to enter a bid and to purchase the item; and, (4) that any bid that is made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.
AUCTION BIDDING AND CLOSING
On every item in an auction, We set a minimum bid and a minimum increase (also called "bid increment"). Bids below the opening bid or the current bid plus the minimum increment (increase) are automatically rejected. A notification email is sent to the previously leading bidder, upon receipt of a higher bid.
Each auction has its own ending time listed on the Website. Auctions end automatically at this time. Notifications will be sent to the winning bidder.
ALL RER ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS
RER makes every attempt to collect and disclose as much information for each item as possible. All information deemed reliable but not guaranteed. Items for sale may also contain hazardous substances, as that term is defined under federal, state or local environment laws and regulations. RER has no duty to notify You of or remove any hazardous substances that are contained in or are a part of any item.
Items are intended to be sold without software, if any is applicable. In the event that software is included in an item’s sale, in addition to the disclaimers of warranty set forth herein, RER makes no representations or warranties regarding Your rights to use such software, the performance of the software, its non-infringement, or otherwise.
On brokered items, RER relies on information provided by the Seller. RER undertakes no investigation of that information and makes no representation or warranty concerning the truth or completeness of that information.
Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets.
You may request to inspect all assets prior to submitting a bid, however We cannot guarantee an opportunity for such inspection. You waive any and all claims against Us and/or the Seller relating to item photographs and/or descriptions. If an inspection is offered, all parties present acknowledge the location may be a dangerous place in which:
You shall so advise Your agents and employees. No person shall have any claim against Us, the Seller or Our or Seller’s respective agents or employees for any injuries sustained or for damages to or loss of property. You agree travel and related expenses are born by those traveling.
We are not able to transfer ownership of items offered by Sellers; transfer of ownership occurs through closing of the transaction. Further, We make no representation or warranty of any kind as to the willingness or ability of Seller to complete a sale.
Auctions may be run with reserve prices. The reserve price is the lowest price the Seller is willing to accept for the item. The reserve price may not be disclosed to bidders. This feature enables the Seller to list its items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item.
In the event of any dispute regarding any transaction conducted through use of the services or the Websites (a "Dispute"), User hereby releases Us, Our affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. All parties agree to defend (by counsel satisfactory to Us) and indemnify Us and hold Us harmless from and against any claim, demand, cause of action, liability or expense (including attorney’s fees and costs) asserted against or incurred by Us in connection with the sale, removal, shipment or use of any purchased items.
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