Terms And Conditions

The seller may refuse to sell to, cancel the bid of, or terminate a transaction with any party the seller comes to believe is not an appropriate buyer of the item. This might be, but is not limited to, any one or more of the following reasons.

"as-is-where-is" is a common boiler plate terminology for used items and items sold at auction. It pretty much says "what you see is what you get". It may or may not work. It may or may not have hidden defects. The only assurance the seller is making is that you will get what is shown or what you see after you make the commitment to purchase.

As is (or as-is) is a legal term and concept used to disclaim liability for an item being sold. "As-is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent. This is the classic "buyer beware" situation, where the careful buyer should take the time to examine the item before accepting it, or obtain expert advice. Oddly, the seller is also saddled with "as-is" if the item being sold turns out to be much more valuable than thought.

The "where-is" part simply means it is the buyers responsibility to get the item from the location where it is at the time of sale to the location where the buyer wants it. This is basically another way of saying that the buyer is responsible for all cost of packing, shipping and insurance (or picking it up in person--or via the buyers agent--without packing). In the event that it is a large item that is installed, needs to be dismantled for shipping or requires rigging services, it means the buyer is responsible for getting this done and paying for it.

This is a used/surplus item, selling at a fraction of its original price/cost and has no warranty because we have no official relationship with any factory, manufacturer or distributor of this item. Therefore, we have no means of getting factory warranty service, repair or parts, even if it is a new-never-used item.

In some cases we may be able to guarantee some aspects of an item as a special exception, with additional cost and or limitations. This MUST be arranged in advance of commitment to purchase and does not apply to most items.

If you want free packing and/or shipping, DON'T BUY ANY OF OUR STUFF!!! The only way that you will receive free shipping is if the item states that it includes free shipping. This can be determined by the eBay logo:

If you do purchase an item that does not include free shipping, and have no shipping charges when you check out... We will contact you and send a seperate packing and shipping cost invoice.

(Note that packing & shipping charges are based on weight, size and fragility and have nothing to do with the bid price. Something with a bid price that is almost free could be big, heavy and fragile with commensurately significant P&S charges.) This also means that if the trucking company comes up with extra charges after delivery, the buyer will be required to pay these charges in addition to the quoted amount. Very small items of only a few ounces generally go first class mail with no insurance and no tracking. Items of only a couple pounds usually go priority mail with no insurance and no tracking. FedEx ground is currently our shipper of choice for most items more than a couple pounds. (that have a packed weight less than 150 pounds and are small enough to meet FedEx Ground package size restrictions.)

Make sure you know how big and heavy an item is and about how much packing and shipping are going to cost before you commit to purchase. We have had an item that took five full semi-trucks to move sell for less than $10 (the packing and shipping cost over $10,000). See the "packing and shipping" link at the top of the "NOTES" section for details on these topics.

This includes responsibility for making sure the item does not come into the use or possession of any party not functionally qualified or legally allowed to possess or operate the item.

If you don't already have the means to pay in place, PLEASE, PLEASE don't commit to purchase!!!

In the event that the seller does agree that the buyer may return an item for refund or credit against another item(s), the buyer must first obtain a unique RMA # (Return Material Authorization Number) from the seller. This number must be enclosed within the return packing of the item and clearly marked on the outside of the return package. With out an RMA #, the buyer will not get credit or refund for a returned item.

If the return of an item is agreed to, the buyer will be responsible for packing, shipping and insurance both ways. Packing and shipping is not refundable.

We the seller are not liable, under any circumstance, to a value greater than sale price of the item. We are not liable for lost time, injury, incapacitation or any other loss the buyer or anyone who obtains the item might incur associated with the possession and use of the item.

We the seller are not liable for any claim made by the buyer as a result of misspelling, misunderstanding, misrepresentation, misinformation, lack of information, lack of knowledge, ignorance, etc. on the part of either or both the seller and buyer, save in the worst case, refund of the purchase price of the item upon return of the item to the seller in as-shipped condition.

The listing description is correct to the best of our knowledge at the time of listing but we are subject to making human errors and circumstances, street prices, manufacturing status, etc. may change over time. The seller's liability, in the event of a listing error, is limited to the amount of the purchase price (on return of the item) and does not include any responsibility for lost time, opportunity, inconvenience, etc. on the part of the buyer. We are human and do occasionally maker errors. If this is not acceptable to you or you don't have the patience to work with us on resolving any issues that might arise, please don't bid/buy.

Any given item may be subject to one or more types of government regulatory restriction. Part of this stems from the fact that we purchase items from government surplus auctions that are subject to the regulatory statement in gray background below. Some of the items we have are labeled as restricted for sale only to parties that meet specific qualifications. Other restrictions are based on the type of item, known intended use, buying and using entities and countries of import & final destination

International sales present the greatest regulatory restrictions. Any item is subject to export restriction to any government, organization or person that the US Department of Homeland Security has decided they don't like. Any item over $2500 selling price is subject to greater scrutiny than lesser items. Any item that can be construed as being of technological, military or terrorist significance is subject to restriction at any value. Any time any DHS staff member gets a hair up their whatever for any reason, they can throw us in prison with out any material cause or provocation. Any transaction that might fall under these restrictions, requires research in an attempt to find any potential problems on a specific case-by case basis. This is costly and time consuming for us to do with no assurance of being right. In most cases, it will be turned over to an export broker.

Most countries also have their own import restrictions. Some of these restrictions are really unique on a country-by-country basis. It is the sole responsibility of the buyer to insure that there are no restrictions or prohibitions on bringing any given item into the country of import or final destination. Failure in this regard could result in the buyer loosing the item to his countries customs, financial penalty, imprisonment, or worse.

RE-SALE OF GOVERNMENT PROPERTY DISCLOSURE STATEMENT

By bidding on and purchasing any item with listing linkage to this statement, the bidder/buyer agrees to comply with the following sale requirements:

All property is sold as a salvage item, as is, without warranty expressed or implied as to the use or safety of the product and the buyer, for himself, his heirs, executors, administrators and assignees agrees to indemnify and save harmless sellers, including cavlon99, Bentley's Auction Services, KSL Services, The United States of America, U.S. Department of Energy (DOE), and its other cost-type contractors operating a Los Alamos, New Mexico, including but not limited to the University of California and their agents and employees, from any and all claims, demands, liability, actions or causes of action arising out of or in anyway connected with the use or handling of all property by anyone whomsoever (even if predicated upon the negligence of the above mentioned indemnities) and further agree to pay all attorney's fees, costs and expenses incurred in payment amount claimed, defending against the amount claimed and satisfying any judgment that may be rendered in connection therewith.

If the bidder/buyer is an employee of the US DOE or any of its contractors, you hereby represent that you: (a) have not participated in the seller's determination to dispose of the property, (b) have not participated in the preparation of the materials for sale, and have not participated in determining the method of sale.

All bidders/buyers herby certify that they have not acquired information not otherwise available to the general public regarding usage, condition, quality or value of the property.

Personal property purchased from the U. S. Government may or may not be authorized for export from the United States. If export is allowed, the purchaser is solely responsible for obtaining required clearances, approvals and/or licenses. the purchaser is also required to pass on DOE's export control guidance if the property is resold or otherwise disposed. The required DOE export control guidance is as follows:

The use, disposition, export and re-export of this property are subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. 2751 et seq.); the Export Administration Act of 1979 (560 U.S.C. Apended 2401 et seq.); Assistance to Foreign Atomic Energy Activities (10 CFR part 110); International Traffic in Arms Regulations (22 CFR parts 120 et seq.); Export Administration Regulations (15 CFR part 730 et seq.); Foreign Assets Control Regulations (31 CFR parts 500 et seq.); and the Espionage Act (37 U.S.C. 791 et seq.) which, among other things, prohibit:

(a) The making of false statement and concealment of any material information regarding the use or disposition, export or re-export of the property; and

(b) any use or disposition, export or re-export of the property which is not authorized in accordance with the provisions of this agreement.

Sale of LANL/KSL Services Surplus/Salvage Property Rules

By bidding on and purchasing any item with listing link to this statement, bidder/buyer understands and agrees to comply with the following sale and resale requirements:

1) All property is sold as a salvage item, as is, without warranty expressed or implied as to the use or safety of the product and the buyer, for himself, his heirs, executors, administrators and assignees agrees to indemnify and save harmless sellers, including cavlon99, Bentley's Auction Services, KSL Services, The United States of America, U.S. Department of Energy (DOE), and its other cost-type contractors operating a Los Alamos, New Mexico, including but not limited to the University of California and their agents and employees, from any and all claims, demands, liability, actions or causes of action arising out of or in anyway connected with the use or handling of all property by anyone whomsoever (even if predicated upon the negligence of the above mentioned indemnities) and further agree to pay all attorney's fees, costs and expenses incurred in payment amount claimed, defending against the amount claimed and satisfying any judgment that may be rendered in connection therewith.

2) If the bidder/buyer is an employee of the U.S. DOE or any of its cost-type contractors, he hereby represents the he a) has not participated in the seller's determination to dispose of the property, b) has not participated in the preparation of the material for sale, c) has not participated in determining the method of sale, d) has not acquired information not other wise available to the general public regarding usage, condition quality, or value of the property

3) The use, disposition, export and re-export of this property are subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. 2751 et seq.); the Export Administration Act of 1979 (560 U.S.C. Appended 2401 et seq.); Assistance to Foreign Atomic Energy Activities (10 CFR part 810); Export and Import of Nuclear Equipment and Material (10 CFR part 110); International Traffic in Arms Regulations (22 CFR parts 120 et seq.); Export Administration Regulations (15 CFR part 730 et seq.); Foreign Assets Control Regulations (31 CFR parts 500 et seq.); and the Espionage Act (37 U.S.C. 791 et seq.) which, among other things, prohibit:

(a) The making of false statement and concealment of any material information regarding the use or disposition, export or re-export of the property; and

(b) any use or disposition, export or re-export of the property which is not authorized in accordance with the provisions of this agreement.

NOTE: This statement must accompany the transfer or resale of this property.

In any case or event that we learn there is a restriction or prohibition, the buyer will be solely responsible for finding a legal solution. If the transaction has to be canceled, the buyer will not be reimbursed for any costs we have incurred to that point.

We are not big on insurance. We have never succeeded in collecting on a claim. In a very limited number of cases, we might suggest it for exceptionally high value items. We tend to favor putting money that would otherwise go to insurance, into extra protective packing/crating and good shipment traceability.

Do not unload from the truck if it is a truck item. Thoroughly document the damage with pictures and notes on the truck. Include images of any packing material that may have been damaged or discarded, If you do not want to accept the item in the condition that it is in, do not unload the item and contact the shipping company.

If an item come via Fed Ex or similar parcel service, Inspect the package prior to opening it, take images and notes if there appears to be any damage. If at this point it is obviously damaged beyond acceptability, contact the shipping company for advice on how to proceed with a claim. If damage to the goods is not apparent carefully open the package, saving all of the packing material and inspect the goods for damage. If the goods are undamaged, then no harm done. If the goods are damaged, throughly document with images and notes, then contact the shipping company for claim information.

NEVER discard any packing material prior to inspecting the goods you receive. If you find damage after you have unpacked something you will always be required to provide evidence of damage to the packing material.

When we set or agree to a price for the sale of an item, we assume the buyer will be paying/arranging for shipment or picking the item up very shortly. We never have enough room to store items not yet sold, let alone sold items (and we really don't want to be in the business of storing items). Items that are left at our facitlity are continually in the way and are subject to damage and degradation as they get moved around to make way for ongoing activity.

Items where shipping arrangements and payment have not been made, or where the item is not otherwise picked up, within 20 days of the sale date (even though the item itself has been paid for) are subject to a daily storage fee unless prior arrangements have been made and documented by e-mail. The fee for small, hand-held size items is $1 per day. The fee for items that ship on a pallet is $5 per day. Really BIG stuff may be subject to storage fees of as much as $100 per day.

The buyer forfeits the item and any payments made when the fees reach the sale price of the item or at 90 days, whichever comes first. No money will be returned for forfeited items. Items are subject to re-listing immediately upon forfeiture.

For items that have incurred storage fees, electronic payment of the fees due or cash will be required for the item to be shipped or released for pickup.

If you think you may have reason for delayed pickup, contact us in advance to get an estimate of the cost.

We hate to have to institute this policy but unclaimed items are consuming our precious limited storage space that we have to pay dearly for.