TERMS AND CONDITIONS 1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS Use of Easy-XS.com website constitutes acceptance of the Easy-XS Terms & Conditions. You accept and agree to be bound by the Terms & Conditions, operating rules and/or policies of Easy-XS, published by Easy-XS as described below (all such Terms & Conditions, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these Terms &Conditions.) Members may be referred to as Member, User, Buyer or Bidder when a Member is being described as acting as a buyer in an Easy-XS transaction, when a Member is being described as bidding on an asset in order to act as a potential buyer in an Easy-XS transaction, and when a Member is acting as a seller in an Easy-XS transaction. These Terms & Conditions comprise the entire agreement between Member and Easy-XS and supersede all prior agreements between the parties, regarding the subject matter contained herein. 1.2 DESCRIPTION OF Easy-XS SERVICESEasy-XS acts as a venue for Sellers to list properties and Buyers to bid on or buy properties. Easy-XS is not involved in the actual transactions between Buyers and Sellers and assume no responsibility for actions made based on information or services on Easy-XS. In the event that any parties using our Site, including Sellers, Buyers and Bidders, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on the Site may include inaccuracies or errors. While Easy-XS strives to keep the information on the Site accurate, complete and up-to-date, Easy-XS cannot guarantee, nor will not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall Easy-XS (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information or services obtained from the Site. 1.3 WHO CAN BID? Buyers must register with Easy-XS as a Member and be capable of forming legally binding relations under applicable law. The services provided by Easy-XS are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts 1.4 WHO CAN SELL? Sellers must be the rightful owners or authorized by the owners of such property, a court of law, or through power of attorney to sell an Asset. Sellers must produce evidence of ownership and/or authorization to sell an Asset upon request of Easy-XS or a Buyer. Sellers must keep updated information on file to insure smooth transactions. There is no listing fee associated with Easy-XS, however, a commission upon the sale of any lot will apply and be invoiced. The commission schedule is as follows:Lot Total Value $0.01 to $2,500.00 = $25.00Lots with value > $2,500.00 = 1% of sale. Seller agrees to be responsible for these fees and pay invoices associated with sold items within 10 days. All items listed with Easy-XS, must have a picture of the sales item or picture of the label associated with the item, submitted with the listing. This is used by the buyer to verify quality and stock and has been shown to outperform listings without pictures. 1.5 PROCEDURE FOR CONDUCTING SALE. Assets are listed for the specified periods shown on the Site and are deemed 'sold' on the End Date, provided the start price was exceeded, or, immediately at the time the seller's optional target price is met. Items can be listed for periods of up to one year, and any unsold items after that year can be re-listed. There are no charges for listing products or lots.
Each Asset will have a discription and disclosure information on the Site, as well as any additional conditions of sale provided by the Seller. Once the offer process commences, buyers may make an offer at any time prior to the end date. All Assets will have a minimum price disclosed on the Site, and optionally, at the seller's discretion, a target price. If there are no offers above the minimum price, then the Seller is not obligated to sell the Asset. Any bid above the minimum price(Start Price) will force a sale on the End Date, and bidders may have until the End Date to make the highest offer above the minimum(Start Price), except in the case where the seller decides to accept the offer already given, which, as long as the Start Price has been exceeded, the seller is entitled to do. Prospective buyers are herby notified that the seller can chosse to end the listing early and accept the highest offer at any time as long as the Start Price has been exceeded. We do not recommend that buyers wait until the "last minute" to place their bids, as the seller can sell the item early if the Start Price has been exceeded. Buyers should place their bids early to avoid disappiontment. Sellers can close the listings or force a sale at any time, including after the Start Price has been reached, or can let the offers come in until the End Date. Sellers do not have to wait until the End Date to make a sale or close a listing but can close or accept the first offer above the Start Price at their choosing. On the end date, or upon satisfaction of the offer by the seller, the highest offer above the start bid will be considered a winning offer and a sale transacted. A bid meeting the optional target price will automatically and immediately trigger a sale, and the items awarded to the buyer of the first offer meeting that target, as recorded by our servers. After bidding closes on each Asset, Easy-XS will send the Buyer and Seller an email detailing the winning offer and contact information. Buyers should be prepared to provide a Purchase Order and payment subject to the terms of the seller as published with the listing In all listings, Buyers who receive a winning bid notice are legally bound to buy the asset at the quoted offer amount (see "Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the asset, pursuant to these Terms & Conditions, subject to the additional conditions of sale specified by Seller. The Seller is obligated to contact the winning Bidder within three (3) business days to complete the transaction (or the Seller may engage a representative, including Easy-XS, to contact the Buyer on the Sellers behalf, pursuant to prior agreement). After three (3) business days if the Seller is unable to contact the Buyer, for whatever reason, the Seller may, at its sole discretion; (a) continue to attempt to contact the high bidder with assistance from Easy-XS; (b) after contacting Easy-XS, contact the Buyer with the second highest offer and sell the Asset to that Buyer; or (c) re-list the asset on the Site. By Selling an Asset to the second highest offer, neither the Seller nor Easy-XS is releasing any claims he or she may have against the original highest Bidder for non-performance including, but not limited to, suspension from the site. Once the Seller contacts the winning Bidder, the Seller and winning Bidder shall complete the settlement of the purchase and sale of the Asset pursuant to "Settlement of Transactions" below. 1.6 SETTLEMENT OF TRANSACTIONS The settlement of a purchase and sale of an Asset following a completed bidding process shall be conducted pursuant to the Seller's conditions. 1.7 CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS By participating in an Easy-XS sale, buyer and seller are generating a legally binding contract to transact the sale, that is enforcable in law through the courts. By accepting these Terms and Conditions and using this site, buyers acknowledge that ONCE THE AUCTION IS CLOSED AND THEIR BID ACCEPTED, THEY ARE COMMITTED TO PURCHASE.
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