TERMS AND CONDITIONS OF SALE

These Terms and Conditions apply to all items offered for sale by ANEW BUSINESS SOLUTIONS, LLC, its officers, agents, employees, successors, and assigns ("ANEW"). ANEW BUSINESS SOLUTIONS, LLC, reserves the right to modify these Terms and Conditions at any time and any such modification shall become part of these Terms and Conditions. By participating in a sales event, the Buyer agrees to be bound by these Terms and Conditions.

Prospective Buyers are reminded that Customer Service is available to answer your questions from 8:00 a.m. until 5:00 p.m. (MST) Monday through Friday, by emailing us at info@govliquidation.com or by calling (480) 367-1300 to answer your questions. If you have any questions about sales events or the property being offered, DO NOT PROCEED WITHOUT SEEKING ASSISTANCE. Adjustments (of any kind) will not be made due to your failure to read and understand these Terms and Conditions. By clicking on the "Submit Bid" button, you acknowledge that you have read and understand and that you agree to be bound by the Terms and Conditions.

Acceptance of Purchased Property "AS IS"; Disclaimers, Waivers and Indemnity:

BUYER'S PURCHASE OF OR PLACEMENT OF A BID ON THE PROPERTY CONSTITUTES ACCEPTANCE OF THE PROPERTY AS IS AND IN A USED CONDITION. "ACCEPTANCE" AS USED HERE ALSO MEANS THAT, BY PURCHASE OF THE PROPERTY, BUYER WILL BE DEEMED TO HAVE EXAMINED, OR HAD THE OPPORTUNITY TO EXAMINE, THE PROPERTY AND AGREED THAT THE PROPERTY IS OF THE SIZE, DESIGN, CAPACITY AND MANUFACTURER SELECTED BY BUYER, IS IN PHYSICAL AND MECHANICAL CONDITION ACCEPTABLE TO BUYER, AND IS FIT FOR THE PARTICULAR PURPOSE AND USE REQUIRED BY BUYER. ANEW DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE PROPERTY IS FREE FROM LATENT DEFECTS. BUYER ACKNOWLEDGES THAT ANEW IS NOT A MANUFACTURER OF THE PROPERTY, OR AN AGENT OF THE MANUFACTURER, AND THAT THE ONLY EXPRESS WARRANTY WITH RESPECT TO THE PROPERTY IS THAT OF THE MANUFACTURER, IF ANY. BUYER WAIVES ANY AND ALL LIABILITY OF ANEW AND CLAIMS AGAINST ANEW FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS' FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM INJURIES OR DEATHS OF PERSONS AND DAMAGES TO PROPERTY RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE, CONDITION, OPERATION, TRANSPORTATION, SERVICE, POSSESSION, RENTAL OR SALE OF THE PROPERTY, LOSS OR LIABILITY RESULTING FROM NEANEWIGENCE, BREACH OF WARRANTY, PARTS, LABOR, DELAY OR BUSINESS INTERRUPTION BY BUYER OR THIRD PARTIES, DELIVERY DELAYS, WORK STOPPAGES, FAILURE TO WARN, OPERATIONAL DEFICIENCIES OR FAILURES, BREAKDOWNS, STRIKES, ACTS OF GOD, UNAVAILABILITY OF THE PROPERTY OR OTHER CAUSE (WHETHER SUCH CAUSES ARE AVOIDABLE OR NOT) CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY BY BUYER, ANEW EMPLOYEES, REPRESENTATIVES, AGENTS OR THIRD PARTIES (COLLECTIVELY, "SPECIFIED CLAIMS"). UNDER NO CIRCUMSTANCES IS ANEW RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF BUYER HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD ANEW HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS.


Product Info:

The information and description found in the advertising materials for specific sales are deemed reliable but are not guaranteed. ANEW neither assumes responsibility nor makes any warranties regarding the sale's contents. Condition codes, including National Stock Numbers (NSN), Local Stock Numbers (LSN) or National Item Identification Numbers (NIIN) are provided as received from the Defense Reutilization Marketing Service "DRMS" as assistance to our customers. ANEW does not guarantee the accuracy of this information. It shall be the Buyer's responsibility to verify information and item's description, including but not limited to, product condition, estimated weight, count, measure or other factors that determine the bid price. Information provided by ANEW is not guaranteed and should not be considered as a substitute for our customer's due diligence and/or physical inspection of the property.

Description Of Sale:

All bidders are advised to read the information and procedures included in these Terms and Conditions and to inspect the items for which bids are submitted. There are no warranties, either expressed or implied, and no returns, exchanges or refunds. All property will be displayed for onsite viewing. ANEW is not required to move the items to facilitate viewing. Sales are conducted pursuant to Section 2328 of the Uniform Commercial Code, Section 535 of the Penal Code, and in accordance with all state and local laws. ANEW reserves the right to determine the method of conducting the sale. Title transfers upon compliance with all Terms and Conditions of sale.

Notices from ANEW shall be transmitted by e-mail, fax and/or phone to the email address, fax and phone numbers provided by Buyer during registration. ANEW may also provide notice in written form delivered through the US mail or certified mail to the address provided by Buyer during registration. ANEW is not responsible for the errors of the Buyer in conveying the Buyer's correct contact information.

Auction Details:

ANEW does not guarantee that its system for placing, receiving, collecting and tabulating bids on Internet auction sales will be available without interruption, error-free or free from other defects. ANEW assumes no obligation to ensure that a prospective Buyer's bid is received, properly and effectively processed or accepted. ANEW SHALL NOT BE LIABLE TO ANY PROSPECTIVE BUYER ON ANY CLAIM OR ALLEGATION THAT THE PROSPECTIVE BUYER'S BID WAS NOT RECEIVED, PROPERLY AND EFFECTIVELY PROCESSED AND/OR ACCEPTED DUE TO TECHNICAL ERRORS OR PROBLEMS WITH THE INTERNET AUCTION SYSTEM OF THIS WEBSITE. If any questions arise as to a bid price at which lots have been sold, the record of the sale kept by ANEW shall, in all cases, be accepted by the Buyer as final.

ANEW reserves the right to accept or reject any or all bids. ANEW reserves the right to refuse any individual or organization access to our sales events.

BIDDING:

Bid increment increases of $10.00 will be in effect for all lots in all Internet Auctions. Bids can be placed for any dollar amount exceeding the required $10 minimum.

• POSTED TIMES:
  
  In terms of Internet auctions, posted closing times and displays of current time on ANEW's website are approximate. In addition, ANEW reserves the right to close early or extend Internet auctions at its discretion. Lots may be scheduled to close individually, in groups or entirely. Lot closing times will be advertised prior to the opening of the Internet auction. At the scheduled closing time, the lot(s) with active bidding will remain open for fifteen-minute (15) increments until all bidding has ceased. You may participate during this time by entering from "My Auctions." ANEW reserves the right to control the amount of time necessary to end the sale.
  
  SEALED BID SALES:
  
  Sealed bids may be sent electronically via our website, by fax to (972) 602-9252, or via email to bid@anewbusinesssolutions.com. ANEW is not responsible for bids that are not received, processed, illegible or not accepted due to technical difficulties regardless of their origin. Sealed bids cannot be cancelled, lowered or withdrawn once submitted. Sealed bids must be received by the established time for the specific sales event.
  
  TIES WILL BE SETTLED IN THE FOLLOWING MANNER:
  
  In the event equal bids are received for the same lot, prospective Buyer grants ANEW the sole and exclusive authority to resolve and/or make all final determinations with respect thereto.
  
  Sealed Bid Sales - In the event of a tie during a Sealed Bid Sale, the lot will be awarded to the individual whose lot was entered first. This shall apply regardless of whether the bidder entered their own bid or the bidder faxed their bid to ANEW to enter on their behalf.
  
  Internet Auctions - On the occasion of a "tied" bid, the lot in question will be awarded to the individual whose bid was received earliest. A time stamp recording is kept of all Internet Auctions and Bidding/Time activities and transactions.
  
  BID RETRACTIONS:
  
  Any requests for a bid retraction due to mis-keyed bids must be received by ANEW in writing via email to bid@anewbusinesssolutions.com or fax to (972) 602-9252 if your retraction is accepted the current bid will be lowered to the last bid increment placed at the time the request was received. Requests should include the bidder number, sale number and lot number(s) affected.
  
  **Note: Winning bid prices will not be adjusted after award due to an error in bidding or any other discrepancy regarding description, estimated weight, count, measure or other factors that may influence the final bid price of a lot.
  
  
  Payment Terms:
  
  The Buyer must pay the total purchase price plus a ten-percent (10%) Buyer's premium before property may be removed from ANEW's site. Sales tax will be added to the purchase price, unless the Buyer has provided the required documentation to establish sales tax exemption before 5:00 p.m. ET on the day the sales event closes.
  
  Acceptable forms of payment include creditcard (VISA™, Mastercard™, American Express™ will be charged a 3% processing fee), cashier's check, money order and wire transfer. Payment in full must be received within 72 hours of close of sale.
  
  **Note: A valid credit card must be entered upon bid submission regardless of the form of payment. Credit cards submitted by a Buyer must be in the name of the registered Buyer and valid at the time a lot(s) is awarded.
  
  Any Buyer that attempts to rescind a credit card transaction without the express written consent of ANEW to do so (i.e., charge-back), will be immediately and permanently banned from ANEW sales events. Charge-backs can be considered as a form of credit card fraud, and thus may also be subject to ANEW sanctions and/or prosecution by law enforcement authorities.
  
  It is a violation of law to make bids in a false name or with an invalid credit card, even if ANEW's software initially accepts such a bid. Please be aware that even if you do not give your real name, your web browser transmits a unique Internet address that can be used by law enforcement officials to identify you. Submitting a false bid puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law.
  
  
  Sales/Excise Tax Policies and Procedures:
  
  ANEW is obligated to collect sales, use or excise tax from ALL Buyers. It is the Buyer's responsibility to provide the required documentation when submitting a bid to claim an exemption. Buyers must submit re-sale/tax-exemption documentation from the state in which they are doing business as well as the state(s) where they are purchasing property. ANEW is not obligated to refund sales tax due to late submission of sales tax exemption documentation. The Buyer will be liable for all taxes, surcharges or other charges imposed on the sale of goods by any taxing authority if tax forms are not received by close time of the sales event in which they are participating. Buyer will need to contact the appropriate taxing authority directly for refunds.
  
  Removal of Property:
  
  A schedule for removal of property will be established for each sales event. Buyer must remove all property awarded within this time limit. If for any reason removal cannot be completed within the time period, it is the responsibility of the Buyer to arrange with the ANEW Transportation Manager for an extension of time. ANEW shall not be responsible for property that is not removed within the time allotted. If property is not removed within the specified removal period for the sale or scheduled for removal at a later date with the ANEW Site Manager, ANEW will consider the property to be abandoned by the Buyer, and the Buyer shall have abandoned all right, title and interest therein. Abandonment or late removal letters will no longer be sent by ANEW to the Buyer prior to exercising the right of abandonment.
  
  In the event that ANEW extends the removal period to accommodate a buyer's needs, the Buyer understands and accepts that the liability and risk of loss shall not rest with ANEW or the Defense Reutilization and Marketing Service, but shall be at the Buyer's own risk.
  
  Buyer is responsible for rigging, loading, securing and transporting purchased property, to include all costs and risks associated with removal unless contracted directly with ANEW for shipping. In certain situations, unless otherwise stated, ANEW will provide a free tailgate loading but will NOT guarantee a specific loading time. In consideration for this 'no cost' loading service, the Buyer agrees to release, hold harmless and waive any and all claims, causes of actions, damages (including consequential damages and/or loss of use) or liabilities of any kind or nature against ANEW.
  
  At Buyer's request, ANEW's personnel may provide information on packing and shipping services. Buyer understands and acknowledges that this is informational only. Buyer further agrees to hold ANEW harmless from any liabilities, damages or consequences resulting from the selection and use of said packing and shipping service.
  
  Should the Buyer choose to use a transportation company for the removal of their property, ANEW will not be responsible for any of the associated costs whatsoever. The Buyer is reminded to be specific and clear in the instructions to the Transportation Company so that ANEW is not shown as a responsible financial party.
  
  Either the buyer or their authorized agent will be required to sign for all material in the presence of a ANEW representative (unless otherwise approved by an authorized ANEW agent) prior to removing property.
  
  **Note: The Buyer or their agent is responsible for property counts and verification of lots at the time of removal/delivery. Claims after that time will not be honored.
  
  
  Disputes:
  
  All disputes must be submitted to ANEW in writing and must include the sales event number, the lot number(s), the customer number and the invoice number, along with a narrative describing the basis for the dispute. Disputes must be received by the ANEW Customer Relations Department prior to removal, within 30 days of the date of invoice. Disputes may be submitted via email to disputes@anewbusinesssolutions.com , or by fax to (972) 602-9252 Claims related to property condition, minor count discrepancies or buyer's failure to inspect the merchandise prior to bidding/removal will not be honored.
  
  Additional Terms:
  
  If any provision of these Terms and Conditions is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts shall not be affected.
  
  Failure by ANEW to enforce any provision of these Terms and Conditions shall not be construed or interpreted as a waiver of the Terms and Conditions. Any waiver of any term or condition shall be in writing, signed by an authorized representative of ANEW, and shall be effective only for the instance specified in the writing.
  
  The exclusive venue for litigation against ANEW shall be in a state court in Tarrant County, State of Texas.
  
  

I UNDERSTAND THAT BY PARTICIPATING IN AN ANEW SALES EVENT THAT I AM AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.