Auction & Sale Agreement

Last updated August 30th, 2016
AUCTION AND SALE AGREEMENT
Each auction participant or interested party (hereafter referred to as "Buyer" or "you"), along with Ross Automatics, LLC dba Ross Reels, and its assigned agents (hereafter referred to as "Seller"), hereby acknowledge and agree to the following Terms and Conditions of this Auction and Sale Agreement:
 
A. Bidding & Sales Terms
  1. All bids must be placed through the auction. Seller will not take bids over the phone, via email or through any other means of communication. 
  2. At the conclusion of each auction, Seller will provide Buyer directions for payment, including any applicable sales tax as required by Law and any shipping/handling charges.
  3. Buyer agrees to pay in full the amount owed at the end of the auction to Seller.
  4. Reels WILL NOT SHIP until US certified funds in the amount of the final auction price, including any additional shipping/handling charges, have been approved and deposited in Sellers account. Please note that credit card processing may take up to 5 business days.
  5. In the event Buyer cancels sale upon receipt of payment by Seller, Seller will retain a $200 re-listing fee per item.
  6. Due the uniqueness, value and demand of Charlton product(s), ALL SALES ARE FINAL. NO EXCHANGES OR RETURNS. NO EXCEPTIONS.
B. Shipping & Insurance
  1. ALL shipping will be subject a flat $50 fee to cover the costs of UPS® Ground® Service to the Continental USA, packaging and UPS® surcharges for Value Added Services. These services include additional insurance (Declared Value of Carriage), residential delivery, and signature delivery. A full list and pricing of these services can be found at http://www.ups.com/media/en/value-added_pricing_daily.pdf.
  2. Additional insurance over $3,000, International shipping or expedited shipping charges beyond UPS® Ground®, will be the responsibility of the Buyer.
  3. Seller will only ship to an address with Buyers individual name (no businesses). Seller will not ship to third party or to any P.O. Box.
  4. Delivery signature is required.
  5. All products ship from Montrose, Colorado, USA.
C. Warranty Service
  1. All sales through this website come with a warranty as defined by the most recent Charlton Product Service Form found on the Customer Service page.
  2. Reels ship as either RH or LH retrieve. If Buyer wishes to have Seller change the retrieve, Buyer must fill out a Product Service Form, pay the service fee, and allow Seller permission to open the box for service. Service fee must be paid in advance if Buyer wants reel serviced prior to original shipment from Seller.
  3. For valid warranty service, warranty cards must be returned within 30 days to Seller's contracted third party:
Ross Reels
Attn: Charlton Service Department
11 Ponderosa Court
Montrose, CO 81401

Do not send warranty cards elsewhere
 
D. Miscellaneous, Disclaimer of Warranties, Limitations of Liability, Indemnity
  1. Seller reserves the right to terminate the sale or cancel shipment of product in the event Buyer does not comply with terms listed herein.
  2. Upon transferring package to Shipping Carrier (such as UPS), Buyer explicitly acknowledges that Seller is not responsible for any or all damage(s) which may arise during shipping, including but not limited to, loss, scratches, dents, stolen packages or otherwise. Buyer agrees to indemnify and hold harmless Seller from any and all such damages or claims. Seller agrees to accept insurance payment/Declared Value for Carriage as only and final form of compensation.
  3. Seller unconditionally accepts the warranty language and conditions as currently posted on the Sellers most recent Charlton Product Service Form. This is may be updated from the time to time at the sole discretion of Seller.
  4. Serial numbers are taken from the outside of the box so as to preserve the unopened contents. Seller will not open box to check contents.
  5. Buyer accepts all risk associated with this auction and agrees to hold harmless Seller for errors in the auction listing such as size, serial number, date of production, or otherwise. Auction listing is for display purposes only. Seller will make a reasonable attempt to insure the accuracy of the auction listing. SELLER DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY BUYER REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, BUYER SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE. BUYER ASSUMES RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION BUYER SUPPLIES TO SELLER. THIS WEB SITE IS OPERATED IN THE STATE OF ARIZONA, UNITED STATES OF AMERICA AND SELLER MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
  6. ALL SALES AND SERVICES ARE PROVIDED 'AS IS'. BUYER FURTHER ACKNOWLEDGES THAT CHARLTON OUTDOOR TECHNOLOGIES, INC. IS NO LONGER IN BUSINESS AND RESPECTIVE WARRANTY RIGHTS CANNOT BE VALIDATED EITHER IN PART OR WHOLE BY SELLER.
  7. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES TO BUYER, OR ANY THIRD PARTY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY BUYER TO SELLER UNDER THIS AGREEMENT. ADDITIONALLY, IN NO EVENT SHALL SELLER BE LIABLE TO BUYER, OR ANY OTHER THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING ATTORNEY's FEES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF SELLER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF POSSIBILITY OF SUCH DAMAGES. 
  8. BUYER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY "SELLER") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO BUYER AND BUYER's ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY BUYER OR ANY OTHER PERSON ACCESSING THE SERVICE USING BUYER's ACCOUNT.
E. Modification of Terms
  1. Seller reserves the right to amend these Terms and the additional Terms here below at any time, and for any reason, including the right to terminate the Service or any part of the Service. Seller is not obligated to notify Buyer or users of amendments or modifications made to the Terms. Buyer and user's acknowledge their obligation to check the Terms & Conditions posted on this website.
F. Entire Agreement, Venue & Choice of Law
  1. These Terms, including the additional Terms relating to CHARLTONREELS.COM here below, constitute the entire agreement between you and Seller governing your use of this web site. These Terms may be changed or updated at any time at the sole discretion of Seller. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and prices), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Seller, third-party content or third-party software.
  2. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice of law rules. Any claims arising out of or in connection with this website shall be resolved in accordance with the procedures outlined below in the section G entitled "Disputes with Seller". Any claims arising in connection with the use of the website must be brought within one (1) year of the date of the event giving rise to such action.
  3. If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.
  4. The failure of Seller to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
G. Disputes with Seller
  1. You and Seller agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
  2. Contact Seller first. If a dispute arises between you and Seller, Seller's goal is to address your concerns and, if Seller is unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. 
H. Applicable Law
  1. You agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern the Terms of Use and any claim or dispute that has arisen or may arise between you and Seller, except as otherwise stated in this Agreement.
I. Agreement to Arbitrate 
  1. You and Seller each agree that any and all disputes or claims that have arisen or may arise between you and Seller shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
J. Prohibition of Class and Representative Actions and Non-Individualized Relief
  1. YOU AND SELLER AGREE THAT EACH OF THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER OF SELLER's USERS.
K. Arbitration Procedures
  1. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
  2. The arbitration shall be held at a mutually agreed to location. If the value of the relief sought is $10,000 or less, Seller and Buyer may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Seller subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Seller, unless the arbitrator requires otherwise.
  3. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Arizona including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Seller's users, but is bound by rulings in prior arbitrations involving the same Seller user(s) to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
 L. Costs of Arbitration
  1. Payment of all filing, administration, and arbitrator fees will be payed by Buyer.