BUY IT NOW RETAIL SALE TERMS AND CONDITIONS

Buy It Now Retail Sale Terms and Conditions

1. Bill of Sale: This Agreement hereby incorporates the Bill of Sale for any and all equipment or vehicles (“Items”) purchased by Customer from J. Stout Auctions.  The Agreement consists of both the bill of sale and these general terms and conditions.
2. Effective date of this agreement: This Agreement becomes effective upon sale of any Items.
3. Payment: All payments shall be due based on the terms stated herein. Any amount not paid when due will bear interest from the due date until paid in full at 1.5% a month or 18% annually.
4. Taxes. Unless expressly stated otherwise, Customer shall be responsible for all taxes, including any excise, use or sales taxes.
5. No Warranties, Representations and limitation on liability: J. Stout Auctions makes no warranties whatsoever express or implied, of merchantability or fitness for a particular purpose. No warranties exist beyond the description provided herein.  J. Stout Auctions makes no representations regarding the accuracy of any vehicle odometer readings. J. Auctions makes no representations regarding any information that is provided regarding any Items, both as to the comprehensiveness of such information or its accuracy. Any and all goods sold under this contract are furnished AS IS by contract. J. Stout Auctions expressly disclaims any and all liability for all physical injuries and any economic, consequential, indirect, incidental, general, direct or punitive damages incurred by Customer or any third party related to the Items, J. Stout Auctions’ sale of the Items, the use of the Items and any product made by the Items that are subsequently sold. Customer agrees to indemnify and hold harmless J. Stout Auctions and its owners, members, managers, employees, contractors and agents for any such injuries or damages or for any performance issues or problems related to or resulting from use of any Items purchased under this Agreement. Customer understands and agrees that Consignor of the Items shall be deemed the seller of the Items and that J. Stout Auctions shall not be deemed liable for any Items that do not comply with Oregon Department of Transportation standards or any State of Oregon equipment rules. Customer’s only remedy regarding such Items is limited to any associated remaining manufacturer’s warranty or to resolve such issue with the Consignor of the Items, if applicable.
6. Customer agrees to repair at his/her/its sole cost, any Items purchased under this Agreement to a safe operating condition and, without limitation, to a condition that meets any standard or requirement or any applicable authority, law or regulation. This includes for any use to which Customer may or intends to put the Items to.
7. Transfer of Risk. Responsibility for all Items will transfer to Customer upon purchase. Customer shall be responsible for insuring any Items purchased immediately. Under no circumstances will J. Stout Auctions be responsible for any loss or damage to Items purchased, even if Customer has not removed the Items from J. Stout Auctions’ place of business.
8. Payment. All payments must be made by credit/debit card, (up to $5,000.00) or by wire transfer, or direct deposit; NO CASH OR CHECKS WILL BE ACCEPTED. Customer may not remove Items from J. Stout Auctions place of business unless Items have been paid for in full, including all applicable goods, fees, sales or use taxes, unless otherwise expressly permitted by J. Stout Auctions. All credit card payments shall also be subject to a processing fee equal to 3% of the Items’ purchase price.
9. Inspection of Items. Customer agrees that the Items were available for general inspection prior to purchase and that it is Customer’s sole and ultimate responsibility to inspect all items and to make any inquiries prior to purchase.
10. Removal of Purchased Items. Purchaser is solely responsible for and must remove all purchased Items from J. Stout Auctions’ place of business within seven (7) days of purchase at Customer’s sole cost and risk. J. Stout Auctions reserves the right to require proof of adequate insurance coverage from the Customer for the purchase of any Items requiring dismantling, rigging or hot cutting. Any Items not removed as required above shall be subject to storage charges in the amount of $500 a day for each Item purchased. Any Items not removed within 7 days may be deemed abandoned by J. Stout Auctions.  J. Stout Auctions may at its sole discretion, resell any Items not removed in a timely manner or remove and store the Items at Customer’s sole risk and expense. Customer shall be liable for any costs incurred or damages suffered by J. Stout Auctions due to Customer’s failure to remove the Items in a timely manner.
11. Documents. J. Stout Auctions will give Customer all necessary documents for purchased Items, if those documents exist or are available, within seventy two (72) hours of receiving the documents from the Items’ Consignor, provided that Customer has paid for the Items in full. Customer understands that they documents shall only be effective in Oregon.
12. If Customer claims an exemption because the Items are being shipped out of the State of Oregon for use in another state, the Items must be delivered to and shipped by a common carrier and Customer will arrange for and assume all risk related to such shipment.
13. Remedy. If for any reason J. Stout Auctions is unable to clear title on any purchased Items or provide the required documentation, Customer’s sole remedy shall be that J. Stout Auctions will return the purchase price for any such Items upon Customer’s return of the Item to J. Stout Auctions, in its original condition (at the time of Purchase). Any Items for which clear title cannot be provided shall be returned to J. Stout Auctions upon demand.
14. No Waiver. No waiver by J. Stout Auctions of any Customer breach, default or violation of this Agreement will constitute a waiver of any subsequent breach, default or violation of this Agreement.
15. Default: In the event that Customer fails to make payment in full, J. Stout Auctions will have all remedies at law and in equity for said default.
16. Notices: Any notice shall be deemed sufficient if sent my first class mail, facsimile or electronic mail to the address of the party given in the agreement.
17. Assignment: Neither this agreement nor any warranty granted herein is assignable without prior written consent of all parties.
18. Legally Binding Agreement. This Agreement is the legal, valid, and binding obligation of Customer and J. Stout Auctions (each a “Party”), enforceable against each party and its assigns, officers, shareholders, directors, employees, contractors and members in accordance with its terms.
19. Interpretation:  Customer will not interpret this contract to construe its terms and conditions against J. Stout Auctions.
20. Governing law, venue, waiver of the jury trial and attorney fees: Washington State law governs this Agreement. Venue for any action will take place in the courts of Clark County, Washington. The parties intentionally waive the right of a jury trial. The prevailing party in any legal action, including arbitration, will recover its attorney fees and costs from the other party.
21. Mandatory Arbitration. The parties agree that any dispute between the parties shall be first resolved through binding arbitration in Vancouver, Washington. The parties will share the cost of arbitration equally.
22. Negotiation; Non-Disparagement. Prior to initiating arbitration, the parties agree to attempt to settle any disputes under this Agreement through good faith negotiation. From and after the sale of any Items under this Agreement, Customer agrees not to make disparaging or defamatory comments about Auctioneers or its officers, owners or employees to any third party without first bringing the issue to the attention of J. Stout Auctions and allowing J. Stout Auctions to resolve the issue with Customer through negotiation. This includes verbal comments, comments in print or through the Internet, including but not limited to Facebook, Twitter, Snapchat, Google, LinkedIn, Yelp and Instagram. Because violation of this clause by Customer could cause irreparable injury to J. Stout Auctions, this clause may be enforced by an action for injunctive relief in addition to other remedies available to J. Stout Auctions.   
23. Entire agreement: No prior representation: Amendment: This is the entire agreement between the parties. There is no representation past or present, by J. Stout Auctions or any person acting for J. Stout Auctions, which does not appear herein. Only a signed writing by the parties amending the terms and conditions may amend this Agreement.
24. Severability: Any remaining provisions hereof shall remain in full force and effect.