Terms & Conditions

CargoClub Auction Terms and Services:

By using our auction site, it is assumed that you have read the following guidelines provided.

 

Auction Overview and General Disclaimer:

TheCargoClub.com is a service for sellers to list items and buyers to bid through an online auction format.  TheCargoClub.com reserves the right to exclude any company or individual from access to our services if determined their actions to be inappropriate or illegal.

TheCargoClub.com cannot be held responsible if server is down, or if the individual is unable to access the website through the users internet service provider. Notifications sent by TheCargoClub via E-mail may possibly take longer than expected, and cannot be counted on to inform you of an item's status.   It is the responsibility of the bidder to check the site for the status of the auction in which they are bidding.  In the event of any problems, TheCargoClub.com reserves the right to cancel an item or a complete auction as the circumstances may dictate.

 

General User Information:

The auction services provided by TheCargoClub.com through the site and the use of TheCargoClub.com are managed by these Terms and Conditions. By accessing or using the services provided through the site or by registering as either a buyer or seller, you agree that you have read, understand, and are bound by the Terms and Conditions with your use of TheCargoClub.com site.  If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. If you do not understand the Terms and Conditions, please contact TheCargoClub.com and we will do our best to answer your questions or concerns.

 

Auction Registration Information:

All potential bidders must register online at www.thecargoclub.com or by calling the number provided on the website before you can participate in any auctions.  TheCargoClub, in its sole discretion, may deny registration to any person or entity. You must be at least 18 years of age to register as a bidder and to bid on any item. After accepting registration, refusal to permit a person or company to continue to use services on TheCargoClub.com for any reason, is at TheCargoClub.com sole discretion.  There is a $4.99 monthly membership fee for anyone that wants to bid on any auctions.  This will be charged monthly to the bidders credit card associated with their account.  Bidders will not be able to place a bid on an auction until the $4.99 monthly membership fee is paid.  This fee can be subject to change at anytime without notice to the Users.  Bidders can cancel their membership at any time.  

Once an individual or company is registered,  that individual or company only has access on TheCargoClub.com as a bidder.  To become a seller on TheCargoClub.com, the individual must contact TheCargoClub.com via the phone number provided on the site for the administrator to set up a seller’s account.  To uphold the integrity of TheCargoClub.com and its members, all sellers will be screened to determine the legitimacy of their company and items to be listed.  TheCargoClub.com reserves the right to deny any potential seller shall TheCargoClub.com determine the potential seller and/or their company to be deceptive and/or fraudulent.  This is done in order to protect all buyers and sellers that use TheCargoClub.com.   When a potential seller is granted access to list auctions on TheCargoClub.com, they will be issued a username and password. 

 

Changes to Services, Website and Terms and Conditions:

TheCargoClub.com buyers and sellers acknowledge and agree that TheCargoClub.com may change, modify, amend, suspend or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to the User. TheCargoClub.com reserves the right to put limits on certain features of the Services or the Website, at any time, without notice and without liability to the User.  The User acknowledges and agrees that TheCargoClub may amend the Terms and Conditions (including fees and transaction rules) at any time without notice. Any amendment of the Terms and Conditions will be reflected on TheCargoClub.com site.   It is the User’s responsibility to  review the Terms and Conditions on TheCargoClub.com for any changes made.  Use of TheCargoClub.com services constitutes acceptance of the Terms and Conditions, including any amendments.

 

Auction End Information:

The duration of the auctions listed on TheCargoClub.com will be at the discretion of the seller, but usually the auctions will last 7-10 days.  The end date and time will be listed on each auction listing.  The bidding will terminate automatically at that listed date and time.  All auction times are Central Standard Time Zone.

At the close of an auction, the winning bidder will be notified via e-mail within 24 hours after the auction has ended. The Seller will also receive an email with the winning bidder’s contact information.  

If the winning bidder fails to provide payment or contact seller if necessary for shipping/pick-up arrangements within 48 hours or the timeframe predetermined by the seller listed on their auction page, TheCargoClub.com reserves the right to contact the next highest bidder to offer the item to them upon the approval of the seller.  In turn, the original high bidder will lose their place as the winning bidder. This does not relieve the original winning bidder of any obligations to The CargoClub.com.  Winning bidder’s in default will be liable for any and all losses, attorney's fees, storage, collection costs etc. due to bidder’s non-payment. In addition, if the highest bidder is in default thre will be a $25 inconvenience fee to TheCargoClub.com charged to their credit card associated with their account.  The Seller may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller. In the event of any dispute concerning the winning bid price for an auction item, the record kept by TheCargoClub shall prevail.

 

Auction Bidding information:

In order to bid on an auction, you must first register with TheCargoClub.com. On every item in an auction, a minimum bid and a minimum bid increment increase is set by our bidding system.  The bidding system set forth will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase).  Any current high bidders who are outbid at this time will receive notification via E-mail.

Bidders can bid manually as many times as they wish during the duration of the auction listed on TheCargoClub.com.  Another option is to submit a maximum bid on an auction item if you will not be able to monitor the auction listing to its end.  When a bidder submits a maximum bid, it is confidential and cannot be viewed by other bidders.  By submitting a maximum bid, the bidding system will increase your bid automatically in the event that you are outbid by another user.   The bidding system will only bid high enough to outbid the current high-bidder, according to the minimum bid increment . 

Bidders shall examine or inspect items prior to the end of the auction if applicable.  This will be determined by the Seller and listed in that particular auction if there will be available inspection days.  Not all items listed in auctions will have available inspection days.  It is the responsibility of the bidder to contact the seller to make arrangements for inspections if applicable.

ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.

It is the Seller’s responsibility to disclose as much information for each item as possible. All information deemed reliable but not guaranteed.
 

TheCargoClub.com relies on information about the items listed in the auction provided by the seller. TheCargoClub.com undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information provided. Photographs are provided only for the bidders' convenience and should not be used by the bidder as the sole representation of that item. Buyer acknowledges that they have had the opportunity to inspect all items, if available to them to do so through the seller,  prior to submitting their bid and waives any and all claims against TheCargoClub.com and/or seller relating to the items photographs or descriptions.

TheCargoClub.com provides the site in order for Sellers to offer items for sale and Buyers to bid on said items if they chose to do so.   TheCargoClub.com is not an agent of the Buyer or Seller.  TheCargoClub.com does not have the power to transfer title to any assets offered by Sellers. Additionally, TheCargoClub.com makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in TheCargoClub.com.  TheCargoClub.com provides the site so that Sellers may offer items for auction. Buyers and Sellers are solely responsible for independently verifying the background and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an item involved in a prospective transaction.

All sellers have the option to run their auctions with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is confidential and will not be disclosed to bidders. This option allows the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. 

In the event of any dispute regarding any transaction conducted through use of the TheCargoClub.com services,  the User hereby releases TheCargoClub.com, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

 

Expectations of seller:

The Seller is solely responsible for all conduct and communications that take place under its User name and password.  By using the services provided by TheCargoClub.com the seller agrees to the following rules and regulation set forth by TheCargoClub.com.  The Seller:

(a) will not violate any local, state, national or international law, statute, ordinance, rule or regulation that applies to any auction listing.  In addition, the Seller will not sell any items that may not be lawfully offered for sale or purchase in the United States and will not export from the United States any item in violation of U.S. law. 

(b) will not interfere with or disrupt computer networks connected to the Service or the Website;

(c) will not impersonate any other person or entity, or make any misrepresentation as to   User's employment by or affiliation with any other person or entity;

(d) will not forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;

(e) will not interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;

(f) will not upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;

(g) will not use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

(h) will not upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;

(i) will not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or

(j) will not reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).

 

Expectations Of Buyer:

In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an auction listing, Buyer represents, warrants and covenants...

  1. that they shall not misrepresent their ability to pay for the auction items according to the terms and conditions of sale, and in accordance with these Terms and Conditions of TheCargoClub.com
  2. that they have the ability to pay for transaction in which they have the winning bid
  1. that they have the actual authority to enter a bid, and to enter into an agreement to purchase the items up for auction, and
  1. that any bid that they place on an auction item constitutes an irrevocable offer to buy the item for the full amount of the bid. The Seller may, in its discretion, offer the items for sale by the piece or by the lot.  The seller has the right to remove any items from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the seller is responsible for the refund of any purchase price actually paid by the winning bidder.  TheCargoClub.com and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders responsibility to verify such descriptions prior to the auction. Neither TheCargoClub.com nor seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. 

 

Close of Auction and Payment:

 

Each individual auction has its own ending time listed on that particular auction.  Auctions end automatically at the predetermined time. Notifications are sent out to the winning bidders via e-mail.  Seller is responsible for indicating the terms of sale in their auction, including payment options and shipping/pick-up options.   All winning bidders will make payment directly to the seller of that particular auction.

Online auctions will have the details posted on the auction event detail page. The CargoClub.com shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the purchaser's sole responsibility to arrange and pay for the removal and shipment of purchased items if necessary.   Also, it is the purchaser's responsibility to provide, and/or ensure their agents performing removals on their behalf provide, upon demand, evidence of insurance policies with reliable insurance companies if requested by the seller.  Removal shall be conducted responsibly and with due care for the seller's premises. The purchaser shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the purchaser does not remove an item within the guidelines set by the seller, the seller may, in their sole discretion, deem the item to be abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, TheCargoClub.com and the seller reserve the right to charge the purchaser for the costs of storage beyond the collection date.

Bidders acknowledge that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall so advise their agents and employees. No person shall have any claim against TheCargoClub.com, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the auction site.

It is the purchasers sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain of the items for sale may contain hazardous substances, as that term is defined under federal, state or local environment laws and regulations. TheCargoClub.com has no duty to remove any hazardous substances that are contained in or are a part of any item. Purchasers agree to defend (by counsel satisfactory to TheCargoClub.com and indemnify TheCargoClub.com and hold TheCargoClub.com harmless from and against any claim, demand, cause of action, liability or expense (including attorneys fees and costs) asserted against or incurred by TheCargoClub.com in connection with the sale, removal, shipment or use of any purchased items.

 

Accepting Terms:

I Have Read, understand and am in agreement with all the Terms & Conditions stated above, and any auction specific terms posted. I am at least 18 years of age and legally able to enter into agreements to purchase under contract.