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TRE Auctions

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THIS IS AN INTERNET ONLY AUCTION!

Please read carefully and fully the terms and conditions below.

Bidder and Auctioneer agree that these terms shall govern each online auction sale. By accessing this Site (TRE Auctions), and participating in an online auction, you agree to accept any and all terms and conditions set herein.

These terms and conditions are legally binding and if you violate any of them, TRE Auctions and its employees, agents, and representatives (collectively, "Auctioneer") or the Owner/Seller may seek legal relief, including but not limited to, reporting your conduct to appropriate law enforcement entities. Auctioneer reserves the right, at its sole discretion, to ban any bidder or potential bidder from the Site for any reason Auctioneer deems necessary. Auctioneer reserves the right to disable Bidder's account at any time for any reason, whether specifically stated or not.

Registration

· Bidders must be 18 years of age or older. All persons desiring to bid must register to receive a bidder number. Bidder agrees that all information provided to Auctioneer is current and accurate.

· Registration is free.

· By registering I agree to receive auction news and alerts from TRE Auctions. You can opt-out of our email alerts by contacting us at any time.

· Do not bid if you cannot agree to the terms of this contract or are not able to pay and pick up your items within the specified terms for this auction.

Buyer’s Premium

15% buyer’s premium is in effect and will be added to all invoices and applicable sales tax. Effective 05/10/19 the buyer's premium increased to 15%. A 3% discount will be given for all cash or cashier check purchases.

Preview

· Inspection dates: 2 business days prior to sale, unless stated otherwise.

It is a visual inspection only and testing will not be permitted. We strongly recommend buyers to inspect items prior to bidding. Buyers shall rely entirely upon their own inspection and information, and bid based upon that judgment solely.

· All merchandise is sold “As Is” and “Where Is” without warranties or guarantees of any kind.

The auction company shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type.

Pre-authorization for bidding: effective 02/08/19

All bidders will be pre-authorized for $1 to your credit card on file, upon placing the first bid for each auction. PLEASE NOTE: Your account name/company and address must match your billing address for your credit card. If declined, you will receive a message and will need to go to ”Forgot Your Password?” to update your profile with a new credit card or correct address.

Bidding

Placing a bid constitutes a legally binding offer between you and the Owner/Seller, and cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. Failure to honor the winning bid by the stated deadline will result in permanent bidder removal from the Site and future online auctions, at auctioneer's sole and absolute discretion.

As a Bidder you are responsible for any bids placed under your bidding number and password.

The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auctioneer immediately.

All bidders registering their online auction account under a business entity represent that you legally bind that entity. The bidder is registering as an individual acting on behalf of a business entity; the individual bidder will be jointly and severally liable with the business entity for payment.

Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.

This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.

Dynamic Closing Feature

Each auction item is scheduled to end at a specific time. All auctions on the TRE Auctions site use a DYNAMIC CLOSING feature.

Seller Property Withdrawal and Bid Rejection

Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary.

The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole and absolute discretion.

Payment

· Payment must be made in full with cash, credit/debit card, direct deposit, cashier’s check or money order payable to TRE Auctions. Balances in excess of $10,000 must be settled with a wire transfer payable to TRE Auctions.

· Payments must be made within 3 business days upon completion of the auction, unless otherwise stated in “Auction Details” for a particular auction.

· Bidders (buyers) agree and understand that invoices remaining UNPAID AND NOT PICKED UP by the payment deadline, will be charged a NON-PAYMENT FEE OF 50% of the total invoice or $100, WHICHEVER IS HIGHER. THE NON-PAYMENT FEE IS A NON-REFUNDABLE FEE. The fee will be charged to the credit or debit card supplied by the Buyer. Failure to pay will result in a permanent ban from future auctions, and pursuit of all legal remedies available.

State Sales Tax

8.25% will be added to all buyer invoices per Texas State Law unless a Tax Exempt Form is provided to Auctioneer prior to payment. The appropriate exemption form may be found in the useful Forms section of the website. Forms may be completed and returned by emailing info@treauctions.com or fax 1(866)728-7583.

Removal

· Merchandise must be removed within the allocated days for removal. Removal is at the expense, liability and risk of the buyer. No appointment is necessary. A valid government photo ID and a printed copy of your paid invoice are required to pick up your items. No merchandise will be released until full payment has been received by Auctioneer.

· Written authorization by email must be provided to TRE Auctions allowing a person other than the buyer named on the invoice to pick up items.

· TRE Auctions offers limited assistance during loading. Large or heavy equipment will be loaded with a forklift, and the winning bidder is responsible for loading the rest, and securing his/her load. Buyer must bring the correct vehicle, labor and equipment needed for loading (straps, ropes, boxes etc.)

Unless you are organizing shipping, all items must be removed within the posted pick up times.

* Local delivery is available.

* Ship your items:

Fedex for smaller items

Freight : Buyer is responsible for arranging and payment of his own freight, and must provide a Bill of Lading so merchandise can be shipped on the designated date. We only offer an estimation and do not guarantee the weight and dimensions of the pallets. We offer the service to palletize which will consist of bubble wrapping and strapping items on a pallet. We do not disassemble, put a part, remove legs, casters from equipment, the equipment will be placed as is onto the pallet. Buyer agrees that TRE Auctions is not responsible for any damages once the equipment leaves our facility.

Disclaimer

Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final.

Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Harris County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect the rights or property of Auctioneer pending the completion of arbitration. You and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchisor-franchisee relationship is intended or created by the Agreement.

Regulated by the Texas Department of Licensing & Regulation, P.O. Box 12157, Austin, TX 78711. (512)463-6599 www.tdlr.texas.gov

* Desired password: letters and numbers.
* Email:
* Verify Email:
* First name:
* Last name:
Company:
* Address:
* City:
* State:
* Postal Code:
* Work Phone:
* Home Phone:
Cell Phone:
Fax:
 

Please fill out the fields below only if the shipping address is different than the billing address.

Ship To:
Shipping Address:
Shipping City:
Shipping State:
Shipping Zip:

By submitting this form you acknowledge that you have read, understand, and agree to the terms of the auction.

I HAVE READ AND ACCEPT THE TERMS OF THIS AUCTION

TERMS OF USE

Revised 02/12/2019

Use and Service
This web site (herein referred to as "Site") provides services to you subject to the following terms and conditions. If you visit, register, participate or shop at this Site, you accept these terms and conditions. Please read them carefully. These Terms of Use (“TOU”) govern your use of this site and are by and between Maxanet Software, LLC (referred to herein as "Maxanet", "we", "us", or "our") and you, the user, on behalf of yourself and the user, customer or supplier for which you are visiting this Site (herein referred to as "you" or “your”). By using and accepting the services or functions offered in or by this Site you waive any right to claim ambiguity or error in these TOU. If you do not agree to each and all of these terms and conditions, please do not use this Site and leave the Site immediately.

The Site is not intended for the use of children under 18 and no such person is authorized to use it. By using the Site, you are representing that you are at least 18 years old. You also represent, by accessing or using the Site, that you are of legal age to enter into legal agreements.

Privacy Policy
The personal information you submit on the Site is governed by the Maxanet Privacy Policy, which is incorporated herein by reference. Your acceptance of these terms and conditions constitutes your acceptance of the Maxanet Privacy Policy. If you object to your personal information being used as described in the Maxanet Privacy Policy, please do not submit information to, use or register to use the Site.

Registration
Access to portions of the Site is limited to registered customers to whom we have issued a user identification and password. If you have been issued a user identification and password, you represent to us that all information you provide to us in connection with your registration is accurate and up-to- date. You also agree to maintain and promptly update your registration information to keep it accurate and updated. If you have provided or provide any registration information that is untrue, inaccurate, not current or incomplete or otherwise fail to comply with any of these terms of use, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or that you have otherwise failed to comply with any of these terms of use, we have the right, without prior notice to you, to suspend or terminate your account and refuse any and all current or future use of all or any portion of the Site.

Customer’s Responsibilities
You (i) must keep your passwords secure and confidential, (ii) are solely responsible for all activity in your account, (iii) must use commercially reasonable efforts to prevent unauthorized access to your account, and notify us promptly of any unauthorized access, and (iv) may use the Site and the services provided by us only in accordance with these terms of use and applicable law.

Changes to Site and Terms of Use
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these TOU will mean you accept those changes. This Site may include technical or other inaccuracies. Changes are made periodically to the information herein. However, Maxanet makes no guarantee or commitment to update materials on this site.

Third Party Websites
Our Site may provide links to third-party web sites, which are not under the control of Maxanet. Maxanet makes no representations about third-party web sites. When you access a non-Maxanet web site, you do so at your own risk. Maxanet is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. Maxanet provides these links merely as a convenience for you. The inclusion of such links does not imply that Maxanet endorses, recommends, or accepts any responsibility for the content of such sites.

Trademarks and Copyrights
Unless otherwise noted, product names, designs, logos, titles, text, images, domain names, audio and video of/within this Site are the trademarks, service marks, trade names, copyrights or other property (herein referred to as "Intellectual Property") of Maxanet. All other unregistered and registered trademarks are the property of their respective owners and are hereby acknowledged. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, license or right to use any of Maxanet 's Intellectual Property displayed on the Site without the express written permission of Maxanet.

WARRANTY & CONDITIONS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND MAXANET, ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Site Availability
Maxanet is not liable for costs or damage if for any reason, any portion of the Site, is not capable of functioning as intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Maxanet. Maxanet does not warrant the site to be uninterrupted or error free at all times.

Site Updates & Integrity
While Maxanet makes every effort to provide accurate and secure information, we do not guarantee the information. Further, Maxanet is not responsible or liable for incorrect or inaccurate information caused by the users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site. Maxanet does not guarantee security of information that is transmitted, cached, downloaded, stored and/or otherwise replicated outside of the secure environment of this Site.

Communications with this Site
You are prohibited from posting or transmitting any unlawful, libelous, scandalous, defamatory, inflammatory, obscene, pornographic, profane, or threatening content or any content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Maxanet will fully cooperate with any law enforcement authorities or court order requesting or directing Maxanet to disclose the identity of or help identify or locate anyone posting any such information or materials.

Termination of Use
Maxanet reserves the right and sole discretion (but not the obligation) to prohibit you and any member, buyer or supplier from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information in case of corrupt or affected administration, security issues, fairness, integrity, or any violation of these terms and conditions. Maxanet is held harmless in such an event.

DISCLAIMER
MAXANET ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. IN NO EVENT SHALL MAXANET BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION ON THIS WEBSITE WHETHER OR NOT MAXANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law
You agree that all matters relating to your access to or use of this web site shall be governed by the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to these TOU, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of these TOU. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THESE TOU. Maxanet makes no representation that information on this Site is appropriate for your use. Those who access this Site do so on their own initiative and are responsible for compliance with all applicable law.

Contact Us:
TRE Auctions
12922 Hempstead Hwy
Houston, TX 77040

Phone: 713-690-1231
Email: news@treauctions.com

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12922 Hempstead Hwy Houston TX 77040

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