Terms of Purchase
These Terms of Purchase are an ongoing contract between you on the one hand, and each seller of Inventory (defined below) and Checkers India technology Pvt Ltd., provider of the online B2B services platform “excess2sell” located at Unit No.113, Building No. 2, Millennium Business Park, T.T.C. Industrial Area, Sector – 3, Mahape, Navi Mumbai, Maharashtra 400710 on the other hand. By placing a bid or purchasing Inventory, you agree to be bound by these Terms of Purchase.
1. Nature of Relationships
Excess2sell is an intermediary that provides an online platform, including the Site and services, through which Buyers may purchase Inventory from Sellers. Excess2sell merely provides the platform through which a purchase and sale may be transacted between a Buyer and Seller. Excess2sell does not inspect, and makes no representations or warranties regarding, any Inventory. Further, Excess2sell does not recommend or endorse any Seller or Buyer, and makes no representations or warranties regarding any Seller or Buyer. You should exercise caution and use your independent judgment before bidding on or purchasing Inventory.
2.1 “Buyer” or “you” or “your” means the individual who purchases Inventory by bidding on the platform provided by Excess2sell
2.2 A ”Completed Purchase” occurs when the Purchase Price for the Inventory has been received in theExcess2sellaccount, on behalf of Seller
2.3 “Inventory” means a Seller’s products that are available for purchase on the platform provided byExcess2sell.
2.4 “Listing” means the content on the Site associated with particular Inventory, including, but not limited to, the description (quality) and quantity of the Inventory. Sellers and Excess2sell shall have the right to modify or correct any Listing at any time prior to the end time of the Listing and, unless a cancellation is made by Excess2sell or Seller, such modification shall be binding on any purchase of any Inventory placed after such modification has been made.
2.5 “Promotional Content” means any and all information, service or content provided by Sellers, Excess2sell or their respective agents, in any medium, in connection with these Terms of Purchase, including promotional content and Listings to be displayed on the Site.
2.6 “Purchase Price” means, with respect to any Inventory, the Winning Bid Amount.
2.7 “Seller” means, the person or entity that lists its products and Inventory on the Excess2sell’s online platform or website for auction and sale.
2.8 “Winning Bid Amount” means, with respect to any Inventory, the highest bid placed for such Inventory at the final closing time for the auction of such Inventory. The Winning Bid Amount does not include Transaction Fee, shipping charges (if applicable), taxes or Buyer’s Premium, the payment for each of which Buyer shall remain liable for.
3. Sale Process
3.1 Inventory offered through the Site exists in different conditions, including new, like new, unused good, used good, as-is, refurbished & defective, open box & return inventory. Inventory is tested and graded by Seller and the specific condition of any particular Inventory will be disclosed by Excess2sell within the Listing for such Inventory.
3.2 Sale Process.Excess2sell will be your primary point of contact regarding all Listing, bidding, payment and customer service issues. Inventory will be sold pursuant to the process set forth in this Section 3 (the “Sale”). If you wish to bid on Inventory, you will be required to enter your bid amount. Your bid must be (i) in an amount equal to or greater than the “reserve price”. If your bid is deemed the winning bid you will receive confirmation message on the registered mobile number as updated by you from time to time by following instructions on the Site. Neither Sellers nor Excess2sell are responsible for the failure of confirmation to reach you for any reason, including, but not limited to, technical problems or other system error.
3.3 Winning Bids :If your bid is deemed the winning bid at the end of the Auction, you agree to remit payment for such Inventory within two working days of your bid ending time, Your payment will be made to Checkers India Technology Pvt Ltd, on behalf of Seller, not to Seller directly. If you fail to pay for the Inventory by the deadline for payment, you shall forfeit any right to purchase such Inventory and Excess2sell may deactivate your account and password so you can no longer place bids on the Site and, at their sole discretion, may choose to (i) contact the next highest bidder in the Sale for such Inventory and offer to sell such Inventory to such bidder at such bidder’s bid price or (ii) post such Inventory on the Site for sale in a new Listing.
3.4 Reserve Price : Your bid must meet or exceed the reserve price, if any. The reserve price, if any, remains confidential until a bid exceeds such amount.
3.5 Bids Acceptance/Rejection : Bids acceptance / rejection will be at sole discretion of Checkers India Technology Pvt Ltd. Bidder shall not seek any kind of clarification for bid acceptance / rejection .
4. Conditions to Sale; Payment
4.1 Purchase Price:In consideration for your full payment of the Purchase Price to Excess2sell, as the limited payment agent of Seller, in the manner and by the deadlines as set forth in the these Terms of Purchase, Seller hereby agrees to sell to you such Inventory. Nothing in these Terms of Purchase or any Listing shall otherwise obligate the Seller or Excess2sell to sell Inventory to you. You shall be solely responsible for all the shipping and handling charges and any other expenses incurred in connection with your purchase hereunder.
4.2 Cancellation: Please note that there may be certain bids and/or purchases that Sellers or Excess2sell are unable to accept and must cancel. Situations that may result in your bid or purchase being cancelled include, but are not limited to, inaccuracies or errors in product or bid information contained in Listings, or problems identified by Excess2sell’s credit and fraud avoidance departments. While Sellers and Excess2sell strive to provide accurate product and bid information, typographical or system errors may occur. Seller or Excess2sell have the right, at our sole discretion, to refuse or cancel any purchases of Inventory for any reason. In the event that a bid or purchase must be refused or cancelled, we will notify you by email of such refusal or cancellation.
4.3 Payment Terms: You shall submit the Purchase Price to Excess2sell, on behalf of ( Seller), under the payment terms set forth herein and in the applicable Listing and Email Invoice. Excess2sell will determine in its discretion if your payment is complete. Excess2sell may revise the payment terms from time to time in its sole and absolute discretion upon notice to you; provided, however, that any change to payment terms will not be effective for any then-pending Sale, but will only be effective for the next Sale subsequent to such notice. Upon acceptance of such Purchase Price and fulfillment of any other applicable conditions to sale, Seller will sell you the Inventory and shall make such Inventory available for removal by you or your agents in the manner set forth in Section 5 ("Removal and Acceptance of Inventory”) below.
5. Removal and Acceptance of Inventory
Title; Risk of Loss: Title to the Inventory shall remain with Excess2sell until you have paid the Purchase Price and you or your agent take possession of the Inventory (available at Seller warehouse or Excess2sell warehouse). You expressly acknowledge and agree that risk of loss and liability for the Inventory shall pass to you upon pickup by you or the carrier appointed by you (You or your agent shall have the right to count the number of units to confirm the quantity of units matches the manifest prior to taking possession. Unless there is variation of more than five percent in the quantity of units as per the manifest, if you fail or refuse to accept the delivery of such Inventory, Excess2sell will re-initiate new auction of that inventory, and the advance paid by you will be forfeited. You expressly acknowledge and agree that no return on Inventory shall be accepted by the Seller or Excess2sell and you shall have no right to return the Inventory, once you have taken possession of such Inventory.
6. Confidential Information
7. Representation and Warranty
Buyer represents and warrants that if it creates or uses an excess2sell account on behalf of a business entity, including by placing a bid for Inventory, it is authorized to act on behalf of such business entity and to bind the business entity to these Terms of Purchase. Buyers further represents and warrant that all information it submits to Excess2sell or Seller in connection with the bidding upon or purchase of Inventory is true, complete and accurate.
8. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF PURCHASE, THE WEBSITE AND RELATED SERVICES, ALL INVENTORY IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE IS” BASIS. IN ADDITION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER AND EXCESS2SELL DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE INVENTORY, THE SERVICE, THE WEBSITE OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION TO THE INVENTORY’S CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. NEITHER THE SELLER NOR EXCESS2SELL WARRANTS THAT THE WEBSITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCESS2SELL (INCLUDING THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THE SELLER’S RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND BUYER AGREES NOT TO HOLD EXCESS2SELL RESPONSIBLE, FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE FOLLOWING, EVEN IF EXCESS2SELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES
(a) ANY INFORMATION OR CONTENT YOU PROVIDE (DIRECTLY OR INDIRECTLY) USING THE SITE OR SERVICES;
(b) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR SERVICES;
(c) YOUR PURCHASE OF, USE OF, OR INABILITY TO USE INVENTORY, INCLUDING BUT NOT LIMITED TO ANY INJURY OR DEATH THAT OCCURS AS A RESULT OF THE USE OR INABILITY TO USE INVENTORY;
(d) DELAYS OR DISRUPTIONS IN PROVISION OF THE SERVICES;
(e) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE SITE OR SERVICES;
(f) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SITE OR SERVICES;
(g) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SITE OR SERVICES;
(h) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING AS RELATED TO INVENTORY LISTED ON THE SITE; AND
(i) A SUSPENSION, DEACTIVATION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT OR PASSWORD.
IN NO EVENT SHALL SELLER’S OR EXCESS2SELL’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES RELATED TO THE USE OF THE SITE OR SERVICE, OR THE BIDDING ON OR PURCHASE OF ANY INVENTORY EXCEED THE PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE INVENTORY AT THE TIME OF ISSUE. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Purchase and any separate agreements whereby we provide you Services shall be governed by and construed solely in accordance with, the laws of India. The appropriate courts in Mumbai, India, shall have exclusive jurisdiction in connection with these Terms of Purchase.