All items not picked up in 7 days will be considered abandoned. NO REFUNDS WILL BE MADE FOR ABANDONED ITEMS
Your satisfaction is our top priority; we strive to offer excellent Customer Service to our clients. We will issue refunds on Online Auction Items, under certain conditions that have been legally (established by or recognized by a court of law) found to be fraudulent, or unauthentic. Items are sold with the Certificate of Authenticity as described and items will not be refunded due to differing opinions of other companies, people, industry people, Authenticators and/or Authentication opinions.
Bidding on Items
You must be a registered user to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges disclosed in the listing. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item, and to deliver payment within the time period specified (24 hours from auction closing). If you cannot pay please don’t bid. Your bids are final and non-retractable. We will not accept e-mail bids or any other type of bid outside of the Westlake Liquidation web page or app.
All persons who wish to bid in the auction or want to purchase must register by creating an online account. To register, the Bidder must provide all of the registration information requested, and sign the Agreement by checking the ‘I AGREE’ box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. Westlake Liquidation reserves the right to refuse to register or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Your registration will be accepted but your information will be verified and your account may be disabled until the necessary information is provided to verify the account.
Westlake Liquidation will predetermine the number of Item(s) in an auction. Westlake Liquidation will set the starting bid on each item. All auctions are reserve auctions. “Reserve auction” means an auction in which the seller or an agent of the seller reserves the right to establish a stated minimum bid, the right to reject or accept any or all bids, or the right to withdraw the real or personal property at any time prior to the completion of the auction by the auction firm.
Westlake Liquidation uses an “extended bidding” process to close all of our auctions. All items end in a cascade type closing with several items ending over a peroid of time until no bids are made and the item/s close. The process repeats until all bidding has stopped and all items have been ended.
All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. If you have any questions, please contact Westlake Liquidation immediately.
(A) Buyer acknowledges that Westlake Liquidation does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the Westlake Liquidation may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, Westlake Liquidation shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Westlake Liquidation.
(B) The website is administered by Westlake Liquidation from its offices in the United States of America. Individuals must reside within the United States of America to register to bid online. Westlake Liquidation will not accept bids from individuals who reside outside of the United States of America and its territories. If you access the website from a location outside of the United States of America and its territories, Buyer consents to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.
(C) Westlake Liquidation reserves the right to deny any person for any reason permission or access to bid online.
(D) Winning bidders will be notified via email at the auction close.
Westlake Liquidation disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Westlake Liquidation is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. Westlake Liquidation reserves the right to request a deposit at any time for what Westlake Liquidation considers excess bidding to continue to bid in a specified auction. The sale is complete when Westlake Liquidation so announces.
Time of the Auction
An auction starts and will close on the dates specified on the auction item’s detail page.
Stop Payment/Insufficient Funds
Upon making payment for a lot(s), no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
Sale by Lots
Westlake Liquidation reserves the right to include in the auction any Lot and the right to withdraw any Lot prior to posting for bids at the beginning of the auction. Westlake Liquidation may combine, subdivide, regroup or reorganize any Lots.
Payment in full must be paid by Buyer in the form of a major credit card (if you have a question about whether a credit card is accepted please call Westlake Liquidation before the sale), prior to the delivery of any item purchased. Westlake Liquidation reserves the right to refuse credit card payments. Buyer shall pay the purchase price, shipping, and handling charges (if any), plus any and all applicable taxes unless such taxes are exempted by law (proof of exemption must be provided). If any Bidder/Buyer does not pay Westlake Liquidation for any Item(s) within Twenty Four (24) hours after the end of an Auction, Westlake Liquidation has the right to close the buyers account and resale the unpaid items. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges.
Acceptance of Terms
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
Breach of Contract
If this Agreement, or any terms and conditions announced by Westlake Liquidation, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Westlake Liquidation may: (1) publicly or privately resell the property, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Westlake Liquidation commissions, all incidental damages, expenses, court costs, costs of collection, and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
Limitation of Liability
IN NO EVENT SHALL WESTLAKE LIQUIDATION BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. WESTLAKE LIQUIDATION LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO WESTLAKE LIQUIDATION, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Ohio, Cuyahoga County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Ohio. In the event that the parties hereto, or anyone of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in Cuyahoga County, State of Ohio, or the United States District Court, located in the State of Ohio.
All online items are sold in “as is” condition. Weight, size, estimated value, origin, grade, quality, age, condition, rarity, and importance, are not guaranteed for any item. All sales are final unless a gross error on description has been made. Any disputes must be made within thirty (2) days of receiving the item. No returns will be accepted without a valid return authorization from Westlake Liquidation. Westlake Liquidation will not refund above and beyond the original costs. Any additional charges incurred by the winning bidder, including appraisals, insurance, return shipping, etc. will not be covered by any refund.