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Gate 5 Capital LLC Terms and Conditions

Please review the following Terms & Conditions (referred to herein as the “T&C”) prior to completing the registration process. The T&C represent an ongoing contract between you and Gate 5 Capital LLC (“we”) and govern your use of the bidding website.  Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these T&C. If you do not accept these T&C, we kindly request that you refrain from registering on the Website. Gate 5 Capital LLC reserves the right to update or modify these T&C at any time without prior notice.

19% Buyer’s Premium plus VAT will be applied to ALL Purchases (no exceptions).

AUCTION INFO: This is an ONLINE ONLY AUCTION. Each auction listed on the Website describes in full detail the terms and conditions for that specific auction. Please review the specific Auction details and terms before registering to bid in any auction to ensure that you fully understand the auction format, including, but not limited to, the viewing dates, collection dates, removal dates, etc. Gate 5 Capital LLC Capital, LLC. kindly requests that you refrain from bidding if you are not able comply with the auction’s terms and conditions. 

These items are consigned from national retail chain Returns departments. Some items may be damaged, missing parts, used, returned, overstocked, discontinued and seasonal items. These items are located at the facility located in the auction description. We do not allow bid cancellations or bid withdrawals. ALL ITEMS ARE SOLD AS SEEN, WHERE THEY LIE without warranty or guarantee. The Sale of Goods Act 1979 does not apply.

Buyers acknowledge that an auction sale IS NOT a consumer sale for the purposes of the Consumer Rights Act 2015.

No refunds will be given.  No Returns and No Exchanges.

Special Terms of Sale

Gate 5 Capital LLC reserves the right to reject any and all bids for any reason.

SHIPMENTS: ITEMS WILL BE SHIPPED BY COURIER OR LTL FREIGHT AT THE DISCRETION OF THE AUCTION STAFF AND THE BUYER WILL BE RESPONSIBLE FOR ALL SHIPPING COSTS CHARGED TO THE CARD ON FILE IN ADVANCE OF SHIPPING THE ORDER.  BUYERS HAVE THE OPTION TO REQUEST SHIPPING QUOTES IF THEY NOTIFY GATE 5 CAPITAL LLC IN ADVANCE. BUYERS MUST NOTIFY GATE 5 CAPITAL LLC BY EMAIL TO ABANDON THEIR SHIPMENT.  ALL UNPAID INVOICES AND UNPAID SHIPMENTS WILL BE CONSIDERED ABANDONED AND RELOTTED FOR A FUTURE SALE. 

BUYER’S PREMIUM: A 19% buyer’s premium will be automatically added to each purchase on the Website. The buyer’s premium is calculated based on the subtotal before taxes and before any discounts are applied. As an example, if you bid £100.00, you will be charged £119.00 plus VAT tax upon checkout.

PAYMENT: Accepted forms of payment include Visa or MasterCard, prior to any merchandise being removed or shipped from a warehouse. Cheques and cash are not acceptable forms of payment.  Please ensure that you have a sufficient credit balance available on your credit card for your online purchases. After the auction you will be sent an e-mail with a total of the items you have won.

CURRENCY TYPE: GBP (£)

STAGGERED CLOSING: Some (not necessarily all) of online auctions close at staggered intervals (for example, one lot per minute). This feature works to closely emulate a 'live' auction. Please review the details page to confirm if the auction you are registering for has a Staggered Closing and adjust your bidding strategy accordingly.

DYNAMIC CLOSING: Some (not necessarily all) online auctions feature Dynamic Closing. The Dynamic Closing feature enables the closing time of an item to be automatically extended an additional 2 minutes whenever a bid is placed within the last minutes of the item's closing time.

WINNING BIDDER NOTIFICATION: If you have successfully won an item or items, you will be contacted by e-mail ONLY. Please be sure to check your email inbox, including the spam folder, for the email notification. If you feel you have won an item and have not received an e-mail, you must notify us by e-mail no later than 9:00 a.m. local time the next day. If you do not receive a paid e-mail invoice, then your bids were not high enough to win any items in that particular online auction.

VAT TAX: VAT will be collected based on the UK VAT tax rates at the rate of 20%. 

DISCLAIMER: For demonstration purposes, various items may be joined. Do not assume a lot consists of more than one (1) item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions. NO refunds or chargebacks will be granted due to a lack of BIDDER UNDERSTANDING. For any questions, please contact us at uksupport@gate5capital.com

CATALOGUE INACCURACIES: You are bidding on the described item, not necessarily on the item(s) shown in the photo(s). Occasionally, the wrong photo is displayed, and/or a sample image is used. Please read the item description carefully. The descriptions are believed to be accurate, but this is not guaranteed.

Gate 5 Capital LLC will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold “As Seen” and that they may not return any item they purchase.

WARRANTY & CONDITION OF ITEMS SOLD: All items are sold 'AS SEEN, WHERE THEY LIE”, with NO WARRANTY expressed or implied by the lot number affixed to the item. This sale is to the business community as 'equipment' & 'inventory' without any implied or expressed warranty. Descriptions are believed to be accurate but not guaranteed. If you are not certain of the condition or use of an item, please bid accordingly. You are bidding on the described item, not the photo.

Buyers are responsible for their own removal of items. ITEMS NOT ARRANGED FOR SHIPPING FROM THE WAREHOUSE WITHIN 48 HOURS OF THE CLOSING OF AN AUCTION WILL BE CONSIDERED ABANDONED AND RELOTTED FOR A FUTURE SALE. Removal shall be at the expense, liability, and risk of the buyer. Purchases will be released upon presentation of a paid receipt. Please ensure that movers or anyone picking up items on your behalf have your paid receipt at the collection location. A paid email receipt will not suffice.

IMPORTANT: Gate 5 Capital LLC will have the option of reselling, removing, storing or abandoning, at the expense and risk of the buyer, items not paid for and/or removed within 48 hours of the closing of the auction. The buyer agrees to pay all deficiencies, legal fees, collection fees, transportation fees and storage expenses associated with delinquent accounts or abandoned items.

CHOOSE WISELY: Gate 5 Capital LLC wants all bidders to enjoy a good deal, and most will. When in doubt about the item’s condition, completeness or suitability for intended use, please bid accordingly.

Gate 5 Capital LLC LLC. reserves the right to add or remove items from any of the auctions; split or combine lots; add minimum bids or reserve prices; cancel, suspend, extend or reschedule an individual item and or auction event; make changes to the auction closing times or inspection or removal times.

Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Douglas County, Nevada, USA.

LIABILITY: Gate 5 Capital LLC liability shall be limited to the refund of buyer’s purchase price.

LIABILITY WAIVER

I, the buyer acknowledge that this Accident Waiver and Release of Liability (AWRL) will be used by Gate 5 Capital LLC and the sponsors of the event in which I may participate.  The AWRL will govern my actions and responsibilities at the event and on the premises of the event.

In consideration of permitting me to participate in this event, I hereby take actions for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) Waive, release and discharge from any and all liability for my death, disability, personal injury, property damage, equipment or vehicle damage, property theft or actions of any kind which may hereafter occur to me or my traveling to and from this event or while on the premises of, THE FOLLOWING ENTITIES OR PERSONS: Gate 5 Capital LLC and facility location owners, each companies directors, officers, employees, volunteers, representatives and agents, the event sponsors and even volunteers, and (B) indemnify and hold harmless all entities and or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my actions during this event.

I understand the AWRL applies to any assistance provided by previously described PERSONS and equipment or supplies used during loading and unloading of any product into my vehicle, trailer, rental vehicle, rental trailer, or any sub-contracted vehicle, trailer, or equipment.

This AWRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under the applicable state and or federal law.

CREDIT CARD POLICY

Gate 5 Capital LLC requires that you use a valid credit card to set up a bidding account. By registering with your credit card, you, the purchaser agree to the following credit card terms:

1. I, the buyer hereby authorise the auction company (Gate 5 Capital LLC LLC) to charge my credit card that I have set up my bidder account with, for the full amount of my bill, if I do not settle my unpaid account within 2 business days of the auctions ending.

2. I, the buyer, understand the terms of the auction including pickup and payment dates and timelines, and agree that I have placed bids with the intent of abiding by the auctions set terms and conditions.

3. I, the buyer, have been given the opportunity to inspect the items in person and understand the auction company is selling the items in AS SEEN, WHERE THEY LIE, condition.

4. I, the buyer, hereby agrees to authorise the auction company to charge my credit card for my purchases in the event that I do not show up to collect my items in person and make other payment arrangements. I also agree that the auction company is not responsible for handling, moving or storing the items I have purchased and that I risk the chance of those items being stolen or damaged if left behind.

5. I, the buyer, hereby agrees to not challenge or deny payment to the auction company for purchases made with the credit card that I have placed on file with the auction company. I fully understand the terms and conditions of the auction and hereby agree to this Credit Card Policy or I will not place bids with this auction website.

LIMITATIONS: The above-stated T&C cannot be altered except in writing by Gate 5 Capital LLC.