TERMS AND CONDITIONS FOR ONLINE BIDDERS

The following Terms and Conditions (T&C) are between you (Bidder) and Clear Out The House website (www.clearoutthehouse.com) (COTH). By signing up and creating an account, you agree and acknowledge that you have read the Terms and Conditions and understand and agree to them.

Bidder’s Contract

By bidding on this site, the bidder has agreed to enter into a contract with COTH and is responsible for paying in full for all fees due to COTH in connection with purchasing items on this site. You must abide by all payment methods, terms and conditions and specific pick up times. If you cannot pay for an item and the related fees or pick up at the specified time, please do not bid. You must be at least 18 years old to bid on this site.

Bidder Registration

To bid on items on this site, you must “Register” and create an account. You must enter your name, address and valid credit card information in order to place a bid. Once all information has been registered, you can start bidding. If you are the winning bidder at the conclusion of the sale, your credit card will be automatically charged for all fees including the hammer price, buyer’s premium, tax (if applicable) and any other fees associated with the sale. By signing up and creating an account, you are verifying that you are at least 18 years old, you agree to the Terms and Conditions provided below and that all information is current.  You further agree to authorize COTH to electronically debit your account and, if necessary, electronically credit your account to correct erroneous debits.

Bidding Instructions

Once you have created an account, you are ready to start bidding! Just click on “Auctions” and view current items for sale. When you are ready to place a bid, click on “Place Bid”. This screen will show you all the information regarding the item, the current bid, time left in the sale and when the sale ends. If you want to bid at the next bidding increment, just add your bid amount in the bid box. If you would like to place a maximum bid amount, simply enter that amount in the bid box. Once you enter your maximum bid amount, the computer will continually increase your bid as other bids are received until your maximum bid has been reached. You will receive email and text alerts if you are not the current winning bidder. The system will continually update additional bids placed until the sale is closed.

Bidding Increments

Unless otherwise stated for a specific online sale, the following bidding increments will apply:

Bids Bidding               Increments
$1-$10 ……………………. $1
$11-$25 ………………….. $2
$26-$100 ……………….. $5
$101-$500 ……………… $10
$501-$1000 ……………. $25
$1001-$3000 ………….. $50
$3001-$5000 ………….. $100
$5001 and Up ………….. $300 (or at the discretion of COTH)

Review Bidding

You can review your bid at any time by logging into your account. Please note that once a bid has been entered, it can only be changed if you are the highest bidder. If you change your bid, you can only lower it to the “Next Required Bid”. However, you cannot delete a bid. Please bid carefully and review all bids before entering. If you cannot pick up the item on the scheduled pick up date and time, do not bid.

Bidding Closing Schedule

Starting at 12:00 PM (noon) on the final sale date, all lots will close starting with lot #1. There will be a 1 minute period between each item until all items close. Any bids placed within 5 minutes of the closing time will extend bidding by another 15 minutes. This rule will apply continuously until no bids are placed within the 15 minute period.

Bidding Notifications

Bidders will receive email and text notifications (1) each time the Bidder places a bid, (2) when the Bidder is outbid on any lot and (3) at the close of the sale if the Bidder has the highest bid (winning Bidder).

Winning Bids

The winning Bidder will receive an invoice from COTH detailing the hammer price, a buyer’s premium charge, sales tax (for Ohio residents) and pick up information. All winning bid fees will be charged automatically to the credit card on file once the sale has closed.

Bidding Errors

You are responsible for all your bids. Please review your bid amount before entering. Once a bid has been made, it cannot be removed. Please bid carefully and review all bids before entering. All sales are bound by the Terms & Conditions of the sale.

Inspecting Items

All items are sold “AS IS, WHERE IS”. The Bidder can preview and inspect items during preview times if the Seller schedules a preview. However, COTH does not guarantee that the Seller will offer a preview time. Once the Bidder has entered a bid, the Bidder acknowledges and accepts the item(s) “as is, where is”. COTH will note any obvious condition issues and provide a description of each item offered for sale. However, the Bidder agrees that COTH is not responsible or liable for any errors, oversights or misidentification of any item. Once a Bidder has become the winning Bidder, all sales are final. Buyer beware.

Items Offered For Sale

All items being offered for sale have been previously owned and are in used condition. Most items will show typical wear commiserate with age and use. COTH cannot test all items (particularly electronics), therefore, those items will be listed as “Not Tested”. Even when tested, all items listed are sold “as is”, “where is” and “final sale”. COTH and the item seller do not express or imply any warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, identification, authentication and non-infringement. COTH will describe, based on its sole discretion and opinion, each item and note any obvious condition issues. However, COTH is not responsible or liable for any oversight regarding the description, identification, authentication or condition of the items listed for sale. Again, buyer beware.

Additions or Withdrawal of Items from Sale

COTH reserves the right to add or withdraw items from a sale at any point and for any reason during the sale up until the bidding ends and the sale is closed.

Indemnification

By bidding on this site, the Bidder agrees to indemnify, defend and hold harmless COTH, its officers, employees, members, assigns or sellers of the items from any claim or claims arising in law or in equity out of, or in connection with, the sale of any particular item being sold.

Liability

By bidding on this site, the Bidder agrees that any legal action shall be brought in Cuyahoga County, Ohio. If such action, either an original action or counterclaim, is instituted by the Bidder, the maximum amount recoverable is limited to the amount which the Bidder has paid to COTH as of the time of the filing of such action. In the event that COTH institutes such action, either an original action or counterclaim, the maximum amount which it may recover is limited to the aggregate value of all fees and expenses charged to the Bidder in connection with the purchase of an item(s). The COTH selling website is an electronically automated auction site that relies on third party software and hardware which could malfunction without warning. Bidder agrees that COTH shall not be liable for any and all inconveniences that may result from any such software or hardware malfunctions. COTH reserves the right to void or cancel any transaction that COTH determines to have been affected by any such malfunction(s).

Buyer’s Premium – A 10% buyer’s fee will be added to the final winning bid of each item.

Sales Tax – All sales to Ohio residents are charged an 8% sales tax fee unless the buyer provides a valid vendor resale certificate prior to the end of the sale.  If you have tax exempt status, please contact us BEFORE BIDDING.  Your tax exempt form must be on file.

Payment and Fees for Winning Bids

All winning bid fees will be charged automatically to the credit card on file once the sale has closed. COTH accepts most credit cards and can only accept payment by credit card. Payments will not be accepted at the pick up location. All winning bids must be paid for before the pick up date. The winning bidder will receive an email with the paid invoice that will include the hammer price of each item, buyer’s premium, tax (if applicable) and any other fees associated with the sale before the pick up date.

Payment Processing

All payments are processed through a secured third party credit card processing service. All payments are to be made using this method with the valid credit card the bidder has provided. COTH does not accept any other form of payment at this time.

Merchandise Pick Up

The pick up city, date and times will be indicated on the website during the sale. The specific location (address), date and pick up times will appear on the emailed invoice of the winning bid. WE DO NOT SHIP! No items will be removed from the location, relocated to another location or shipped. YOU MUST BRING YOUR PAID INVOICE AND PHOTO ID TO THE SCHEDULED PICK UP LOCATION. It is the Buyer’s responsibility to make arrangements for the items to be picked up during the scheduled pick up date and times. COTH will not issue a refund for any item(s) if you are unable to pick up or safely remove the item(s) during scheduled pick up date and times. COTH also does not provide any assistance in removing items from the pick up location. You are responsible for removing all items or for arranging for assistance if needed. You will be charged for damage to property caused directly by buyer. WE DO NOT PROVIDE ANY MOVING ASSISTANCE AND WE DO NOT SHIP. Please come prepared with all necessary equipment and tools to disassemble, pack and remove purchased items.

If you designate someone else to pick up your item(s), you must notify COTH VIA EMAIL in advance of the pick up date and provide the full name of the person. At pick up, your designated person MUST provide the paid invoice receipt and a photo ID before the item(s) will be released.

Failure to Pay

If payment has not been made at the conclusion of the pick up date and times, and the Buyer has not contacted COTH regarding payment prior to the Pick Up date, the Buyer will forfeit all items.  COTH will have complete discretion as to offering the item for sale again or contacting the next highest Bidder. 

Suspension of Bidding Rights

COTH reserves the right to refuse, suspend or block any Bidder that it deems in violation of these Terms & Conditions including failure to pay without prior written notification.

Copyright

The COTH website is owned and operated by L&L Estate Liquidation & Appraisal Services, LLC (L&L).  Unless otherwise specified, all materials appearing on the website, including but not limited to text, photographs, graphics, logos and site design are the sole property of COTH and L&L.  Any other use of materials on the website, including but not limited to, reproduction for any purpose without the prior written consent of L&L, is strictly prohibited.