LIQUIDATION PURCHASING FAQs & DISCLOSURE
Truck Loads of liquidated merchandise contain items in varying conditions such as customer returns, overstock, shelf pulls, .COM, return to vendor, seasonal, open box, store display and new. Most pallets and truck loads contain a mixture of items in several different conditions. If the merchandise in a Truck Load is known to be all one condition and NOT mixed, the sale post will clearly state the condition, otherwise, the truck load will be mixed with merchandise from some or all of the conditions defined below, there are no guarantees of any sort in any case. All items are sold as is, where is, and are considered legally to be SALVAGE loads regardless of known condition. Example – “All new store stock loads”, “all new case pack loads”etc. are legally written off by retailers as salvage in order to dispose legally of these items.
DEFINITIONS. (damage rates are averages not exact):
– Customer Returns – Items purchased from a retail store and returned for any reason (changed mind, damaged, missing parts…). Can have very high damage rates, up to 80% but typically about 20%.
– Overstock – Items have never been placed on a store’s shelf or sold. It is brand new and factory sealed. Typically, less than 2% damage. (shipping damage)
– Shelf Pull – Items have been on a store shelf and removed for any reason (store reset, out of season, recall, package damaged by customer, no longer carried…) Typically, less than 5% damage.
– Open Box – Items with damaged or tampered with packaging. May be returned by a customer or just opened and placed back on the store shelf. Typically, less than 10% damage.
– New – Items that have never been sold and are most often surplus inventory from a retail store. Items may or may not have original packaging. Typically, less than 2% damage.
Disclaimer of Warranties. PURCHASER ACKNOWLEDGES AND AGREES THAT ALL TRUCKLOADS/SALVAGE GOODS ARE PURCHASED “AS IS,” WITH NO WARRANTY OF ANY NATURE OR TYPE WHATSOEVER AND HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WARRANTY OF TITLE. THAT LIQUIDATION PLACE LLC IS NOT ACTING AS AN INSURER AND IS IN NO WAY RESPONSIBLE FOR OR ACCOUNTABLE FOR ANY ISSUES ARISING FROM PURCHASING A TRUCK LOAD OF LIQUIDATION MERCHANDISE.
Taxes. Purchaser is responsible for all taxes, tariffs, duties and applicable expenses based on any sales transactions occurring under this Agreement. Sales taxes will be added to the purchase price unless a copy of Purchaser’s sales tax exemption agreement is received by That Liquidation Place LLC prior to purchase.
Title and Risk of Loss. Title and risk of loss shall pass to the Purchaser at the applicable Liquidation Center upon receipt of payment. Refusal to unload a truck will result in the forfeit of that load, its contents and your payment for the load including cost of freight. Purchaser is solely responsible for any further sale of all Salvage Goods, including, without limitation, shipping document preparation, proper packaging and labeling, and compliance with all laws, rules and regulations related thereto, including, without limitation, those relating to exporting. There is no guarantee all of the items listed on the manifest or the quantity of pallets on the manifest will be in the truck. Liquidation truckloads of merchandise can have various items that are missing or broken, they can be incorrect from original order, they can be damaged in the freight process and a variety of other issues that may arise in full or part from purchasing a truckload of liquidation merchandise and the buyer agrees to accept the risk upon payment and reading/signing this agreement. If there is an issue with a truck load that you feel we can assist you with, to file a claim in our industry with the supplier we will do so on your behalf. This claim is not promised to be satisfied by the supplier and That Liquidation Place LLC is not responsible, or in any way by submitting this claim acting as the responsible party for your choice in purchasing the load in question. However, there are occasions we can attempt to help you, and file a claim with the supplier from which the load was procured. In order to do this, we have to file the claim as stated following exactly the instructions listed below. Upon the truck load arriving, the Purchaser agrees to take photos of each pallet as they are unloaded. The Purchaser will take a photo of the BOL. The purchaser will then take detailed photos of the entire truck load of each pallet and all of the items, both representing what the claim would be, as well as all items are salvageable, everything good and bad. In Liquidation you must present a detailed representation in photos that consist of more than a standard % of issues, so we need to be able to show that the claim is valid and it is verifiable with evidence sufficient to support those claims. Purchaser will email this information to customer.rc@thatliquidatiomplace.com with a written explanation detailing what occurred with the load resulting in the potential claim. Claims, refunds, credits, and disputes can take 3 – 30 business days to resolve. There are no warranties or guarantees provided by That Liquidation Place LLC and TLP LLC will only be acting as the filing party.
SHIPPING AGREEMENT AND DISCLOSURE.
Unless otherwise stated, Purchaser is solely responsible for arranging for shipping and transportation and any further sale of all Salvage Goods, including, without limitation, shipping document preparation, proper packaging and labeling, and compliance with all laws, rules and regulations related thereto, including, without limitation, those relating to exporting. In an event that an agreement is made between the purchaser and That Liquidation Place LLC, or for any reason that TLP LLC arranges the shipping for the purchaser, the purchaser agrees to hold sole responsibility for unloading the truck and any costs that may result in this process. The purchaser agrees and understands that TLP LLC is not responsible for late delivery or any delay or unforeseen circumstance that may arise. Purchaser agrees that it is their responsibility to have the necessary equipment to unload the truck and lack of not having or owning the proper equipment can create added costs and fees associated with unloading the truck such as but not limited to, rental of equipment for multiple days if truck does not arrive on time, added labor costs associated with late or early delivery etc. Purchaser understands that there is no guarantee on shipping times or days on any truck load being shipped. Liquidation truckloads of merchandise are booked for shipping by shipping brokers and they are not employees of TLP LLC they are separate companies. The buyer understands that TLP LLC is not the shipping agent and the buyer agrees to accept the risk associated with this upon payment of the truck and reading this agreement.
Your payment of an invoice constitutes your acceptance of all terms set forth on this page. Any freight charges are the responsibility of the consignee. Any additional freight costs incurred due to detention fees or missed appointments will be the responsibility of the consignee. Title and risk of loss shall pass to the Purchaser at the applicable Liquidation Center. Refusal to unload a truck will result in the forfeit of that truck load, its contents, and monies paid in for that load.
You accept this responsibility and hold harmless That Liquidation Place LLC, their officers, employees, associates and affiliates from and against any and all claims, suits, liens, judgments, damages, losses and expenses including reasonable legal fees and costs arising in whole or in part and in any manner from acts, omissions, breach or default. By signing you agree to everything as stated in this agreement
ALL ITEMS SOLD “AS IS”. All items are RETURNS/ SALVAGE unless otherwise stated. In any case, items could be damaged, not working, not salvageable or missing parts. Your payment of an invoice constitutes your acceptance of all terms set forth on this page. Any freight charges are the responsibility of the consignee. Any additional freight costs incurred due to detention fees or missed appointments will be the responsibility of the consignee. You agree to not use That Liquidation Place LLC name or any of its brands in any of your advertising. All products must be defaced, and information, including retailer information, must be defaced to not show identifying markings.. All labels and price stickers must be removed. You accept this responsibility and hold harmless That Liquidation Place LLC, their officers, employees, associates and affiliates from and against any and all claims, suits, liens, judgments, damages, losses and expenses including reasonable legal fees and costs arising in whole or in part and in any manner from acts, omissions, breach or default.
