As a condition of using the Site and Services, the Company requires that you review and accept this User Agreement. By registering to use the service, you accept and agree to the terms and conditions of this user agreement.
The Company’s objective is to provide inventory via motivated Sellers, and/or Cellular Liquidation owned inventory, with an end-to-end solution to convert inventory into cash efficiently and reliably, and to provide qualified professional Buyers with a venue to source inventory, on a global scale, at desirable prices.
To fulfill its objectives, Cellular Liquidation has developed a custom-made technology and integrated services to liquidate physical inventory and ensure the completion of your transactions. Services provided by the Company include, but are not limited to: due diligence and fraud prevention, Seller/Buyer communication tools, payment collection, integrated shipping, warehousing and logistics management, account management tools, dedicated account personnel, marketing, inspection, and many more services.
Each User agrees that all the information provided in their registration application is timely, true and correct, including, but not limited to, the User’s legal name, address, phone number, fax number, e-mail address, and other personal and business information. You agree to promptly notify the Company should the User information provided need to be updated, changed or deleted. Any requested changes to the shipping address must be made within 24 hours of receipt of invoice and before payment has been applied to the pending transaction. You understand that your failure to provide accurate and complete information may result in actions taken against you, including without limitation, the immediate suspension or termination of your use of the Services. User understands that email will be the primary medium for Company to communicate information.
The Company may, in its discretion, but is not obligated to, monitor material, content and information on the Site, including, but not limited to inventory listings and bidding activity, to determine compliance with the terms and conditions of this User Agreement and current and future operating procedures and rules of conduct established by the Company. The Company may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to carry out the terms of this User Agreement, to protect the rights of the Company, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, information, or court order submitted or transmitted to the Company. The Company reserves the right, at its sole discretion and without liability to any User, to amend, edit, remove, or otherwise block any material posted by a User which may, in the Company’s sole discretion, violate any state, federal or local law or violate any aspect of this User Agreement or to limit the Company’s liability. However, the Company does not assume responsibility for verifying the material, content and information on its Site and is not responsible for any damages, losses, expenses or other injuries incurred by any User because of relying on any material, content and information posted on the Company’s Site.
Users who use the Site to purchase listed INVENTORY of any kind (“Buyer” or “Buyers” or “Salvager”) represent, warrant, and agree that:
Upon the close of a sale, Payment is collected for all costs associated with the transaction, including shipping expenses. All payments should be made via approved payment methods. Payments for awarded lots are expected within 2 business days or the transaction may be subject to cancellation.
The Company reports instances of credit card fraud to proper law enforcement authorities and prosecutes offenders to the full extent of the law. Credit card fraud includes, but is not limited to, any instance where a Buyer has charged back their credit card payment and maintains possession of the merchandise, without the consent of Cellular Liquidation.
Buyers who feel that their transaction was misrepresented (in terms of quality, quantity, or both) must submit a dispute in the form of an email. Buyers are required to submit support to validate their claims (including manifests or photos) and failure to do so may result in a denied claim. Buyers must have a dispute on file for the Customer Support department to conduct any actions on their behalf. To help eliminate the need for disputes, buyers should accurately check the manifest, condition, shipping terms, and images of product they wish to purchase.
In the event of a dispute about a pending transaction, all Users agree to cooperate with the Company’s Customer Support department to resolve the dispute before taking any other action. If the Company cannot resolve the dispute within 10 business days of the dispute receipt, then the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through the American Arbitration Association (AAA). The AAA and the parties must comply with the following rules:
Refunds or returns of merchandise must be approved by the Company’s Customer Support team, and must be preceded by an honored dispute. Any attempt to rescind a payment or return property prior to an authorization by the Company will result in a delay of claim resolution, and may adversely impact the Buyer’s ability to transact on our website. Unauthorized returns will be refused at delivery. When a return is authorized, the Company does a full inspection of all merchandise upon return and units must be the same as when shipped out to the customer – including serial number, included accessories, etc. to be eligible for a full refund. Title to property remains with the Buyer until the returned property is accepted by the Company or by the Seller.
In the event User has a dispute with another User, User releases Company, directors, officers, employees and agents from claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. This release includes any claims brought by any individuals relating to misuse or unauthorized use of data User gives to Company. Users agree to defend, indemnify and hold harmless the Company, its affiliates, directors, officers, employees and agents to the fullest extent lawful against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable attorney fees and costs), as a consequence of any acts by User undertaken in connection with the Company’s Site and Services, including without limitation, those arising out of any breach of any User representation or warranty, User’s obligations hereunder, any User transaction attempted through the Service, or any dispute between User and any other Users.
The Site may contain links to other websites or resources for the convenience of Users in locating related information and services. User acknowledges and agrees that Company is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The User Agreements that may govern such sites or resources, or the privacy policies and data collection, use or retention practices of such sites. The inclusion of any link on the Site does not imply that the Company endorses the linked site. User uses the links at User’s own risk.
If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this User Agreement shall continue in full force and effect.
The terms and conditions of this User Agreement constitute a binding agreement between the Company and each User until terminated by the User or the Company. User may discontinue use of the Site and Services at any time with or without notice to Company. The Company may consider any account on which no activity (the User has not logged into the account) has occurred for 365 consecutive days to be abandoned, and may terminate the account without further notice to the User. Upon termination, User is obligated to immediately cease using the Site and Services. The Company expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of the Company, for any reason and without notice.
The site and services, including all content, functions, materials and information on or accessed through the site or services, are provided on an “as is,” “as available” basis. The company disclaims any warranties of any kind, express or implied, including without limitation the implied warranty of merchantability, fitness for a particular purpose, non-infringement, data accuracy system integration or quiet enjoyment. Company does not warrant that the services, functions, features or content will be functional, timely, secure, uninterrupted or error free, or that defects will be corrected. Company makes no warranty that the listed inventory, site or services will meet users’ requirements or expectations. Company makes no warranty regarding any listed inventory or services purchased or obtained through the services or any transactions entered through the services. No advice, instructions or information received by a user, whether orally or in writing, from the company shall create any warranty by the company not expressly made herein. Company expressly disclaims any endorsement or warranty of any listed inventory sold on or through the services, and any responsibility for any misrepresentations or breaches committed by another user.
IN NO EVENT SHALL COMPANY, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY A LISTED INVENTORY OR (b) DEFECTS IN SUCH LISTED INVENTORY ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY. IN ADDITION, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE CONTENT INCLUDING WITHOUT LIMITATION ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) EXCEED THE AMOUNT OF FEES PAID BY THE USER TO THE COMPANY IN CONNECTION WITH THE DISPUTED INVENTORY.
The parties have agreed that the limitations of liability set forth will survive and apply even if any limited remedy specified in this User Agreement is found to have failed its essential purpose. Some jurisdictions may not allow the limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to certain Users.
The failure of Company to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative, and will be effective only for the instance specified in the writing.
Any oral statement or representation by any representative of the Company, changing or supplementing the written description of the offering or the published terms and conditions of this User Agreement, is unauthorized and confers no right on the User and may not be relied on by the User. No interpretation of any provision of the terms and conditions of this User Agreement, including applicable performance requirements, is binding on the Company unless agreed to, in writing by the Company.
Company intellectual property (“Company IP”) is all inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating to the Site or Services. Company IP may be created by one of more of Company’s employee(s) alone or jointly with a User or Users arising from the use and development of the Services or as a result of User’s feedback regarding the Site or Services (“Feedback”). All right, title and interest in any Company IP shall belong to Company and shall be subject to the conditions of this User Agreement. User hereby irrevocably assigns to Company all right, title and interest User may acquire in any Company IP. Company may, at its option, file an application for intellectual property protection for Company IP. If any such Company IP is created with User’s participation, User agrees to cooperate with Company to assure that such application(s) will cover, to the best of User’s knowledge, all related inventory, including all features of commercial interest and importance. Company IP is the sole and exclusive property of the Company, unless otherwise stated and may not be used without the prior written consent of the Company.
All trademarks, trade names, logos, and service marks featured on this website are the property of the owners of said intellectual property. Cellular Liquidation disclaims any associations or endorsements that may be implied through the use of the trademarks, trade names, logos or service marks of others.
This User Agreement constitutes the entire agreement between the User and the Company, and it supersedes any previous agreements, whether oral or in writing, between Users and the Company. The Company may, at its sole discretion, remove or change any aspect of this User Agreement. Any change to this Agreement will become effective at the time such change is posted to the Company’s website. No notice will be provided to Users regarding any change to the User Agreement. Users are encouraged to review the terms and conditions of this User Agreement frequently to ensure that they are aware of any changes. The Company will not be liable to the User for any failure to notify the User of a modification to the User Agreement.
EXCEPT AS OTHERWISE STATED HEREIN, COMPANY MAKES NO WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE INVENTORY SOLD HEREUNDER, OR ITS MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE IS GIVEN BY COMPANY, AND NONE SHALL ARISE BY OR IN CONNECTION WITH THIS USER AGREEMENT AND/OR COMPANY’S CONDUCT IN RELATION HERETO, AND IN NO EVENT SHALL COMPANY BE LIABLE ON ANY SUCH WARRANTY WITH RESPECT TO ANY INVENTORY SOLD HEREUNDER. Buyer accepts all INVENTORY sold to it in accordance with this User Agreement on an “AS IS” basis. and shall forfeit any rights to claims associated with the INVENTORY or the shipment of INVENTORY purchased hereunder against the Company.
Compliance with Laws: Buyer shall comply with all federal, state, and local laws applicable to providing the Services and its obligations hereunder, including but not limited to, all application immigration laws, child labor laws, and any other applicable labor or employment law. Contractor shall obtain all necessary permits and licenses required by law to handle and sell the INVENTORY and will keep same in effect throughout the pendency of this Agreement. If the Buyer is unable to sell the INVENTORY, Buyer shall dispose of the INVENTORY in compliance with all applicable federal, state and local laws and regulations, including but not limited to applicable environmental laws and regulations. Personal user data must be removed, and all INVENTORY that contains any form or memory or the ability to save personal user date must be data wiped and data sanitized. Data wiping must be performed in accordance to the Department of Defense 5220.22 M Data Sanitization Standards for all computers, and data sanitizations methods to NIST Special Publication 800-88 guidelines for all Apple devices, Televisions and/or devices holding personal information. The failure to comply with this section shall be considered material breach. Furthermore, the Buyer will be fully responsible for financial compensation to damaged party(s) legal and equitable relief.
Buyer shall be solely responsible for and shall pay the costs of all SHIPPING ARRANGEMENTS NECESSSARY FOR THE TRANSPORTATION OF THE INVENTORY. This includes all trucking, shipping, special handling (residential delivery, lift gate, call for appointment), duties, clearing costs, brokerage fees and customs for INVENTORYs purchased for export. Buyer is responsible for all resale taxes.
RISK OF LOSS: Title and risk of loss to any merchandise pass to the consumer upon Company’s tender of shipment to the carrier at Company’s warehouse. Consignee must file claims for damage in transit with carrier
Buyer agrees to indemnify and hold harmless Cellular Liquidation (including their successors, assigns, affiliates, parents, subsidiaries and divisions, and each of their respective present and future officers, directors, employees, agents and/or independent contractors) against and from any and all claims, demands, damages, actions, suits or proceedings (civil, criminal, administrative or investigative), settlements, costs, losses and expenses (including, without limitation, reasonable attorneys’ and paralegal fees and costs), penalties, fines, judgments and liabilities or other relief sought of any kind and nature whatsoever arising from :
Buyer agrees and acknowledges that all merchandise sold in accordance with this agreement is sold “AS IS – WHERE IS” with all faults. Cellular Liquidation makes no warranty of any kind. Cellular Liquidation disclaims all express or implied warranties, relied upon by the Buyer, in connection with the quality of the merchandise, unless specifically described in the listing. The sale of INVENTORY is governed by uniform commercial code, which requires discrepancies to be reported in a reasonable time after delivery (typically 5 days or less).
It is the sole responsibility of the Buyer to adhere to all state and federal requirements for transport and storage of the INVENTORY and further marketing, sale, distribution and disposal of the INVENTORY. Buyer shall not sell, lease or otherwise transfer, market, distribute or dispose of any of the INVENTORY, unless Buyer first de-manufactures such INVENTORY, including any INVENTORY to be sold outside of the United States. For purposes of this agreement, de-manufacture means, in accordance to supplier’s specifications, that all references, including but not limited to retailers’ names, logos, UPC numbers, RA numbers (Return Authorization), and other identifying marks to the Retailer