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Penny Auctions – Bid Here!
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Terms of Service

Introduction

Your use of our services is governed by the following terms and conditions, (“User Agreement”). Before you can become a member of BidHere, you must read and accept all of the terms and conditions of this User Agreement and each of the “Additional terms” referred to in this User Agreement. We strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and BidHere.

General Scope

The following General Terms and Conditions shall apply exclusively to the business relationship between BidHere and its Internet platform www.BidHere.com (hereinafter: “BidHere”) and our users in the version applicable on the date of use. By participating in BidHere, the User accepts the following General Terms and Conditions, as well as the manner in which BidHere and its “Auto-bid” operate as described on the website www.BidHere.com. BidHere does not recognize any terms and conditions set by the User that differ from these unless BidHere has agreed to their validity in writing.
Any special promotions presented by BidHere shall only be valid if they are announced on BidHere’s website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended.
All content on the BidHere website is not intended to amount to advice on which reliance should be placed. BidHere disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the BidHere website or by anyone who may be informed of any of its contents.

BidHere Participation and Disqualification

  1. You may not use BidHere if you are under the age of 18 or you not able to form legally binding contracts or if your BidHere membership has been suspended.

  2. Employees and relatives of employees of BidHere are not eligible to participate in BidHere services.

  3. Users are not required to register with “My Account” to participate in BidHere services. Non-registered users can participate in auctions by bidding via premium rate text messaging. SMS Bidders are restricted to 100 SMS bids per month. Your individual telephone service provider may also enforce other restrictions, BidHere are not responsible for any such restrictions. SMS bids are non-refundable. Only registered users have access to the full functionality of “My Account”, in particular the Auto-bid and the other BidHere options. BidHere therefore recommends that all users register with “My Account”.

  4. Each user may register only once, using their residential postal address. Non-residential and post office box addresses may not be used for user registration purposes. During the registration process, the User must choose a user name. The user name chosen must not offend standards of common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names is strictly prohibited. BidHere reserves the right to change or delete a user name if it finds the user violating BidHere’s term and conditions. The associated password is to be kept secret by the User.

  5. The User has to provide a valid email address during the registration process for BidHere to authenticate the User and prevent future misuse of the service. An authentication link is sent to the email address, which the User must use to register.

  6. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

  7. User accounts created during registration are non-transferable. Any abuse of the user account will inevitably result in the disqualification of the User and may lead to criminal proceedings. BidHere may at any time, exercise sole discretion to suspend or permanently exclude users from its services. : BidHere will decide upon such exclusion if and insofar as, in the reasonable opinion of BidHere, a user has breached a BidHere provision, violated any laws or infringed upon the rights of third parties, or BidHere has another justified interest in such for the protection of other Users or to prevent manipulation of any kind, for example if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same User.

  8. BidHere has the right to verify the identity of each individual user. In the event of BidHere being unable to verify or authenticate user identity using reasonable endeavors, then BidHere may ask users to provide photo ID, proof of address and other documentation as BidHere requires. Should such proof not be provided, BidHere has the right to suspend or permanently remove such unverified user accounts and withdraw any auctions won or bought by such users.

  9. Furthermore, BidHere reserves the right in its absolute discretion to restrict the number of sales in which a User may participate or may win. Number of free bids offered by BidHere is at sole discretion of the company. This includes testimonial bids or otherwise. BidHere reserves the right to deny any request for free bids without prior notice on its website. No more than 250 bids can be given free in any calendar month.

  10. BidHere has the right to disqualify a user and/or his winnings if BidHere deems that a particular user or users have used unfair means to win an auction. BidHere shall neither be liable to return any bids, purchased or non-purchased, nor is BidHere liable to reimburse any monies that have been used to purchase bids or products. This is to protect the right of its users and BidHere itself.

  11. You will not hold BidHere responsible for any loss you may incur as a result of BidHere taking any of the actions outlined above.

Purchasing Bids and Payment

  1. Bidding rights, so-called “bids”, have to be purchased by Users prior to online bidding. Only registered Users can submit the convenient online bids, which can be purchased in packages (so-called “Bid Packages”) at the currently applicable prices, which can be viewed under “Buy Bids” on www.BidHere.com.

  2. The bids must be paid for in advance. The purchasing process requires Users to verify if the bid package they are purchasing is the right one. This is done to make sure that the choice being made is intended. Purchased Bid Packages are non-refundable and hence Users should buy only as many bids as they are willing to spend on the bidding process. Payment can be made by a valid debit card, credit card or via payment agent. Purchase of Bid Pack is non refundable. If charges are disputed, BidHere has the right to share your information with our Debt Collection Agency to recover payments.

  3. When the bids are purchased and deposited into the User’s BidHere account, a contract for the purchase of the bids is created. This is a legal bond between the User and BidHere.

  4. Should a bid payment not be honored by a user’s financial institution a returned payment fee will be charged to the user to cover the additional administrative costs incurred by BidHere. BidHere reserves the right to block access to the user account until payment in full of the invoice amount, including any fees due for returned payment, etc., and to withhold any outstanding deliveries until payment in full. BidHere also reserves the right to temporarily block access to an unverified user accounts that appear to be abusing the spirit of BidHere by purchasing large volumes of bids until identification has been verified.

  5. All types of bids (e.g. “free bids“, “special offers” or “bids purchased in bundles”) have a time limit. Upon expiration of the time limit stated, the bids expire and can no longer be used. There will be no refund in this case. The same applies for discount codes, which are issued with a time limit. All types of bids expire in 60 days from the date of the purchase or from the date when the bid has been credited on a user’s BidHere.com user account. Please check the terms and conditions of each discount code for details.

  6. No refunds will be issued for excess bids placed on an auction. No Bid credits will be issued for excess bids placed either.

  7. Echeck Payments: BidHere reserves the right to hold on to all the orders in shipment or cancel them, until the echeck payment has cleared. This includes any purchases made even before a echeck was issued. If eCheck payment was declined by user's bank, the user will have to settle any pending payments within 7 days. Failure to that will result in all the orders being canceled. No refunds will be issue in such case. No products will be shipped in such case. Bids credited to users account while the echeck is in process will have to be paid in full before any product leaves our warehouse.

  8. Chargeback / Payment dispute: In event of chargeback, BidHere has the right to terminate the user's account and cancel any win, purchased products or bid purchases. No item will ship until the matter is resolved. User account will not be re-activated until the fee is paid and requested identification of user is received by BidHere in accordance to Point 8 of BidHere Participation and Disqualification. Furthermore, BidHere may engage its Debt Collection Agency to recover any bidding costs from the user.

Refunds

  1. Refunds can only be issued for the bids not used, provided the User agrees to close his/her account with BidHere.
  2. Exchanged bids from wins are not refundable.
  3. ‘Free bids’ that comes with any BidHere shall become void, should a User wish to close their account with BidHere. For example; if a User purchases a 500 BidPack, he/she receives 525 bids. If the user placed 25 bids and chooses to seek refund, he/she shall be refunded for 475 bids only (25 free bids will become void).

  4. Credit card disputes are non-refundable unless the User closes the dispute and there are unused bids left in their account.

  5. No refunds will be issued for excess bids placed on any auction.
  6. Bids obtained from any 'Cash Back Auctions', including 100% bids back auctions are non refundable.
  7. Refunds can take up to 7 to 10 business days.

Premium Membership, fees and refunds:

  1. Premium membership gives access to higher number of buy now each month, free shipping for life of membership, 25 free bids every day, $0 tag price on won items and loyalty points.
  2. Premium membership can be signed up for 1 month, 3 months, 6 months, 12 months and 24 months.
  3. If you choose to sign up as a premium member and select auto-renew option, you will be charged each month on the same date as your original upgrade date.
  4. You may cancel recurring charges at any time from 'My Dashboard' or by emailing tim.w@bidhere.com.
  5. Please note, there are no refunds for remainder of your membership days, should you wish to cancel your premium membership.
  6. All fees and charges related to premium account are final. They cannot be redeemed for bids, and are non-refundable.
  7. Daily free bids expire at midnight every day. They cannot be carried forward to the following day.

Manual Bidding & use of BidMonkey (Auto bid)

  1. For online bidding, either an individual bid can be submitted through the bidding functionality, or the Auto-bid function can be used. Once a bid has been submitted, it is deducted from the User’s account cannot be retracted.

  2. Non-registered users can only bid in auctions by sending a Short Message Service message (“SMS“) and by texting the corresponding product number. The costs for the bid are invoiced to the User via their mobile telephone operator. The cost of bidding via SMS is clearly stated on the BidHere website. BidHere cannot accept SMS bids from withheld or hidden mobile numbers. The User must, therefore, disclose his or her phone number to ensure that BidHere can accept the bid and allocate it to their mobile phone number.

  3. The Auto-bid tool allows bidders to bid in a sale even if they are not online at that time. Only registered Users can submit bids automatically with one or more Auto-bids. The Auto-bid automatically submits bids according to the parameters set in advance by the User. The User can read about precisely how the Auto-bid operates in the “FAQ” section. The User is prohibited from using bidding software not authorized by BidHere, and doing so will result in immediate disqualification without refund from BidHere’s sites and services.

The Bidding Process

With each bid submitted, either online or by SMS service, the price of the item on which the User is bidding increases by 2 cents.

A bid submitted by the User constitutes an offer from that User to BidHere to conclude a contract to purchase the item. A contract to purchase the item is not completed until the auction is finished and the last/winning bidder has followed all the steps provided to complete the sale. Each new bid starts off a new auction time (“Auction Time”) for the product. The Auction Time for each of the auctions is shown on the screen. BidHere reserves the right to change the auction times at any time. BidHere can add or remove products from the BidHere.com website at anytime without notice, including auctions which are already in progress

The auction ends when the auction time has expired. The User who is the last to bid wins the product. All other bids on the item expire and will not be refunded.

The last bidder is determined by BidHere’s database. In the event of any dispute occurring, it is BidHere’s decision on who is the last bidder shall be final. It is necessary that the user understands the auction type. There are several types of auction and it is users responsibility to read it before considering to participate. No refunds shall be made in event of user ignoring the Auction Wiki before participation. 

In Event of technical break down (System Outage)

  1. We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of any technical problem (third party or other) affecting the BidHere.com auction platform, the countdown timers for all (or some) live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions may be restarted. The auctions’ countdown timers will be continued from the same point in time they were at prior to the technical problem. Alternatively, BidHere has the right to restart all auctions from the beginning, once the technical problem has been rectified.

  2. BidHere may attempt to return purchased bids (not free bids) placed on auctions that had to be paused and then restarted from the beginning due to third party technical problem. Bids placed on auctions that have experienced technical issues will be returned and not the entire BidPack.

  3. Should BidHere suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down; it has the right to investigate the matter and take legal action against perpetrators.

  4. BidHere reserves the right to suspend an auction if exceptional latency was experienced by more than 5 users in the auction. Meaning, if the auction time is 30 seconds and bid was 'updated' at 40 seconds for more than 5 users, BidHere reserves the right to suspend the auction and return any bids placed by the participant. In such case, the auction remains suspended and there can be no winner. No claims to win shall be entertained in such case.

    Notification, Acceptance and Payment of Won Auctions

    1. When an auction closes, a notification is automatically sent by email to the final bidder. Since auctions may close prematurely due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, BidHere reserves the right to void the notification, return any money paid for the item and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all users who may have been prevented or discouraged from continuing to bid in the auction. Once the item has shipped the formal invoice will be available via My BidHere.

    2. After the auction has ended, if the last bidder is online (“Winner”), they have access to all of the important sale information such as the total price (sale price plus shipping costs), and payment options on the “Won Auctions” page.

    3. The winning User must actively confirm the win by following the steps indicated under Won Auctions.

    4. BidHere reserves the right to withdraw an offer after 7 days unless the winner contacts BidHere with a reason to delay payment and BidHere agrees to hold the item. In the event that the winner has not paid nor confirmed an interest to exercise the option to purchase the product within 7 days of the auction ending, the option to purchase the product expires. In the event of the expiration of the option to purchase the product, the winning user’s right to ownership and delivery of the item will be permanently revoked. There is no entitlement to refund bids once the auction has ended, even if the winner does not exercise their option to purchase.

    5. The winning bidder will also receive a notification of the win by e-mail or SMS with a request for payment. It can take 24 to 48 hours for BidHere to authorize a win.

    6. BidHere will notify SMS bidders through text message to the same phone number that was displayed during bidding. Upon winning an auction, they have the option to register on BidHere website where they can accept the win.

    7. The User must pay the total price (sale price including taxes) no later than 7 days after the notification of the win is sent. After this deadline has passed, BidHere can set aside and rescind the purchase contract with the User, and the User’s right to ownership and delivery of the item will be permanently revoked. The winner has no entitlement to a refund of bids.

    8. The item is not sent to the User until the total price of the item and any outstanding bid payments due have been paid to BidHere. In such a case, any incomplete payment received from the winning bidder will be regarded firstly as payments towards the bids and then as payment towards the total sale price. A right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price has been paid for in full. BidHere reserves the right to charge the winner reasonable storage charges for items won through BidHere auction but not yet paid for.

    Cancellation and Rescission

    1. BidHere grants to the User ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce.

    2. The right to cancel does not cover purchase of audio and video recordings or of software, if and to the extent that the consumer has broken the security seal on the delivered media. This does not affect the consumer’s statutory rights.

    3. Purchase contracts with parties who are not retail consumers are treated by BidHere as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by BidHere or required by law).

    Cancellation Instructions

    1. You may cancel your contract within two weeks in written form (e.g. letter, fax, e-mail) or by returning the auction items, without stating your reasons. This period is extended to one month if you are not informed of these instructions until after you have concluded the contract.

    2. The cancellation period begins no earlier than when the item and these instructions are received. To meet the cancellation requirements, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the address given in the contact details page on this email: info@bidhere.com

    Consequences of Cancellation

    1. In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived there from (e.g. interest) as applicable.

    2. If the User is unable to return to us the service or product received or is only able to return it in part or in a depreciated condition, the User will have to pay compensation to BidHere, to cover the loss of value, unless the deterioration resulted from unavoidable use or as a result of a manufacturing fault.

    3. In other respects, the User may avoid this duty to pay compensation by not using the item(s) as the User would his own property, and by refraining from any action that would detract from its value. Items that have been delivered via Government Mail (EMS) or another carrier should be returned via the same method in the original packaging where possible. . In these cases, return is free of charge for the User. BidHere’s agents through co-ordination will collect items that cannot be returned via this method with the User. The User must pay any compensation as required by depreciation of auction items delivered to the User, within 30 days after sending notice of cancellation.

    4. If the User cancels by the deadline of two weeks, they are not obliged to take delivery of the item. BidHere will refund the purchase price already paid. There is no entitlement to a refund or replacement of the bid(s) used in the auction process.

    5. If the customer decides to cancel after delivery and no misrepresentation has been made about the item by BidHere or any of its partners on BidHere.com, the customer is responsible for the costs of the return shipment if total final auction price (auction closing price including taxes and shipping and handling) of the returned item does not exceed a sum of $100.00, or, if the item price is greater than $100.00 and the partial or total item price has not been paid by the winning bidder/user.

    6. Should BidHere incur additional costs for insufficient postage on the returned item, or for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above reasonable postal delivery costs, these costs will be deducted from any refund paid to the customer. Sets/boxed items can only be returned in their entirety.

    Delivery

    1. Unless otherwise specified, delivery will be made from our supplier’s warehouse or from our warehouse to the registered address provided by the User.

    2. As BidHere works with trusted delivery partners to ensure the best possible service and widest reach, all delivery estimates are for information only and do not constitute binding agreements. The winning user should report obvious damage to the item or packaging during transit to the carrier, if the item is damaged it should be refused, not signed for. If you wish to claim for concealed defects or damage after signing for an item, you must inform us about the damaged or faulty goods within 7 days of receipt. BidHere cannot accept responsibility for damaged or faulty goods once 5 days have lapsed. In all cases you must inspect your item either before or immediately after delivery. Failure to raise a query with BidHere concerning, a damaged or incorrect item within 7 days of delivery constitutes acceptance of the item as is. BidHere does not accept liability for damage or failure of products due to neglect or misuse by the recipient.

    3. In the event that BidHere’s delivery partners are not able to deliver the item within a reasonable time, BidHere shall be entitled to offer the winning User a substitute item with comparable or better features, or to set aside the contract through rescission and offer a refund of any payments received for the auction item. This does not affect the User’s statutory rights.

    Offsetting, Withholding Payment and Retention of Title

    1. The User shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by BidHere.

    2. The User shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.

    3. The item delivered shall remain BidHere’s property until payment in full of the total price and the bids used in the sales activity. Until such time as payment has been made in full the User undertakes to store the item safely and securely, including insuring the item against fire, theft and damage. BidHere shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

    Damages, Reimbursement of Expenses and Limits on Liability

    1. Claims for damages by the User against BidHere, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.

    2. In particular, BidHere shall not be liable for faulty operation of the telephone or computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or Internet service provider. Should such an event occur, the bidder shall have no legal rights over the item.

    3. This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of BidHere, its legal representatives, or parties assisting it in performance. This shall also not apply if BidHere expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed.

    4. Insofar as BidHere is insured for its liability for any damage, BidHere can also assign any entitlement to insurance settlement to the injured party. The User shall be obligated to accept this assignment.

    5. Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.

    6. Liability for damage arising from loss of life and limb, health, or well being, and that according to product liability law shall not be affected hereby.

    Guarantee and Return policy

    1. The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them and subject to what is authorized by the manufacturer in the instruction manual. All other warranties or conditions (whether express or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.

    2. The item descriptions on BidHere.com are provided according to the best of BidHere’s knowledge and belief do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the User. Images of products on BidHere.com may differ from those actually supplied.

    3. In the event that the User is sent a replacement product for an item already delivered, the User shall be obligated to return to BidHere the item already delivered within 30 days at BidHere’s expense. BidHere reserves the right to assert damages under the conditions set down by law.

    4. The User has the right to return a faulty item within a reasonable period of time. The User must keep all the manufacturer’s warranty information that accompanies the item, as this may be needed should there be a fault. In the unlikely event that you have a faulty item, the User may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem.

    5. If the User chooses to return the item to us, please email to our Returns Support Centre (within 10 days of receipt) info@bidhere.com.

    6. If you find that BidHere has sent you an incorrect item, please contact us at returns@bidhere.com. A BidHere representative will then contact you with instructions on how to return the item. If the instructions provided by BidHere are followed there will be no charge for the return. BidHere will send the User the replacement as soon as BidHere receives the original item.

    7. The User must return the original item to BidHere.com within 30 days of our email confirming the issue of the replacement item In case of delays BidHere holds the right to cancel the issue of replacement.

    Trademarks

    1. BidHere’s logos are trademarks of BidHere and any of its subsidiaries. All rights reserved. All other trademarks appearing on BidHere are the property of their respective owners.

    Applicable Law / Severability Clause

    1. This Terms of Use Agreement and your use of the website shall be governed by the laws of Australia and the State of South Australia without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in South Australia. The UN Convention on the International Sale of Goods shall not apply.

    Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information

    1. The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

    Disclaimer of Warranty and Limitation of Liability regarding the Use of BIDHERE.

    USER EXPRESSLY AGREES THAT USE OF BIDHERE INTERACTIVE IS AT USER’S SOLE RISK. NEITHER BIDHERE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BIDHERE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDHERE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BIDHERE.

    BIDHERE IS PROVIDED ON AN “AS IS” BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDHERE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BIDHERE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BIDHERE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. IN NO EVENT WILL BIDHERE, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BIDHERE AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BIDHERE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BIDHERE. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BIDHERE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED BIDHERE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, BIDHERE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

    Disclaimer of Warranty and Limitation of Liability regarding Purchases from BIDHERE.

    All new products are sold with the manufacturer’s limited warranty only. Standard warranty period vary from product to product (1 to 3 years) BIDHERE warrants solely that the products sold to user under these terms shall have the characteristics specified in BIDHERE’s specifications for such Products assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to BIDHERE. Warranty is excluded for the delivery of any used Products. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BIDHERE MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BIDHERE OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. BIDHERE SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDHERE. IN NO EVENT SHALL BIDHERE BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
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