Apex Power Auctions (a DBA of A2C Auctions LLC) Online Consignment Auction – Seller Terms and Conditions

NOTICE: ALL SELLERS CONSIGNING ITEMS TO APEX POWER AUCTIONS AGREE THAT THEY HAVE READ AND HAVE FULL KNOWLEDGE OF THESE TERMS AND AGREE TO BE BOUND THEREBY.

Role of A2C Auctions LLC A2C Auctions LLC, operating as Apex Power Auctions, acts solely as a marketplace facilitator, facilitating the sale of goods between sellers and buyers. A2C Auctions LLC does not take title to any equipment or goods consigned for auction. All payments and collections are processed on behalf of the seller and buyer, and A2C Auctions LLC acts as an agent only, with no liability for the acts of the seller or buyer.
Seller’s Fee A2C Auctions LLC will withhold a seller’s fee of 10% of the final hammer price for each lot sold at auction. This fee is deducted from the proceeds payable to the seller. The final hammer price does not include the buyer’s premium or any applicable taxes, which are the responsibility of the buyer.
Obligation to Proceed with Sale Sellers are legally obligated to proceed with the sale of any lot that receives bids meeting or exceeding the reserve price (if a reserve has been set) or any valid bid (if no reserve is set) once the auction has concluded. Upon conclusion of the auction, the sale is binding, and the seller must transfer clear title and possession of the item to the winning bidder in accordance with the auction terms.
Reserve Price Adjustments Sellers may set a reserve price prior to the start of the auction. Reserve prices may be lowered during the auction at the seller’s request and with approval from Apex Power Auctions. Reserve prices cannot be increased after the auction begins. Any approved downward adjustment shall apply only to bids placed after the adjustment takes effect and shall not retroactively make prior bids winning bids.
Cancellation by Seller If a seller withdraws or refuses to complete a binding sale after the auction has concluded and the lot has met or exceeded reserve (or received any valid bid if no reserve), the seller will be charged a cancellation fee of 24.5% of the final hammer price, payable to A2C Auctions LLC. Sellers may not cancel or withdraw a lot within 48 hours of the scheduled auction close. Any attempt to do so will automatically trigger the 24.5% cancellation fee. However, if payment has not been remitted to the seller by A2C Auctions LLC within three (3) weeks of auction close, the seller may withdraw the lot without penalty or fee.
Non-Exclusivity Sellers are not bound by any exclusivity agreement with Apex Power Auctions. Sellers may sell items outside of Apex Power Auctions at any time without fee, provided such sales do not interfere with lots already consigned to an active Apex Power Auctions sale and do not violate the 48-hour no-cancellation rule in Section 5.
Seller Responsibilities Sellers are solely responsible for providing accurate descriptions, photographs, condition reports, titles, and any other documentation. Apex Power Auctions does not inspect, verify condition, authenticity, operability, or safety of consigned items and makes no warranties whatsoever. Sellers warrant that all items are free of liens, encumbrances, or claims that would prevent transfer of clear title. Unless explicitly listed as “AS-IS, WHERE-IS,” sellers are responsible for repairing, replacing, or refunding any item that does not match its description or is not in working condition, and for any return shipping costs incurred by the buyer.
Payment to Sellers Net proceeds (hammer price less the 10% seller’s fee and any other authorized deductions) will be remitted to the seller within three (3) weeks after auction close and once buyer payment has cleared. A2C Auctions LLC facilitates collection on the seller’s behalf but is not liable for buyer non-payment. In the event of buyer default, A2C Auctions LLC will pursue remedies under the Buyer Terms and Conditions and, at its option, return the lot to the seller. If payment is not received by the seller within three (3) weeks, the seller may withdraw the lot without penalty (see Section 5).
Indemnification Sellers shall defend, indemnify, and hold harmless A2C Auctions LLC (including its affiliates, directors, officers, employees, agents, and partners) and the buyer from any and all claims, losses, damages, liabilities, judgments, fees, and expenses arising from the condition, description, authenticity, title, or use of consigned items, or from the seller’s breach of these terms. This indemnification survives the auction and any subsequent transfer of the goods.
Governing Law These Seller Terms and Conditions are governed by the laws of the State of Illinois. A2C Auctions LLC reserves the right to amend these terms at any time without prior notice. It is the seller’s responsibility to review the current terms before consigning items.
Force Majeure A2C Auctions LLC shall not be liable for failure to perform any obligation hereunder if such failure results from events beyond its reasonable control, including but not limited to strikes, war, terrorism, epidemics, power or internet outages, natural disasters, or acts of God.
Software and Website Disclaimers Apex Power Auctions and its online platforms are provided “AS-IS.” A2C Auctions LLC is not responsible for losses caused by software or website malfunctions, interruptions, or internet issues. Under no circumstances shall A2C Auctions LLC be liable for any direct, indirect, incidental, punitive, or consequential damages arising from the use or inability to use Apex Power Auctions websites or bidding software.

By consigning items to Apex Power Auctions, you acknowledge that you have read, understood, and agree to be bound by these Seller Terms and Conditions.