AAA Closeout Liquidators grants you the right to use this website (“Site”) subject to the terms and conditions of use (“Terms of Use” or “Agreement”) set forth below. THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE SITE IS GOVERNED BY THESE TERMS. PLEASE READ THESE TERMS OF USE CAREFULLY.
BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
AAA Closeout liquidators, www.aaacloseout.com, its subsidiaries, affiliates, and owners et al. All rights reserved. Terms of Use: The owners of www.aaacloseout.com, AAA Closeout liquidators, B.E.L. hereby authorizes you to view, copy, print, and distribute the documents, related graphics, and materials published by AAA Closeout liquidators aaacloseout.com .. on this website subject to the following conditions:
Modification or use of the documents, related graphics, and materials for any other purpose is a violation of the AAA Closeout liquidators, aaacloseout.com .. Copyright and other proprietary rights. The use of any documents, related graphics, and materials from this site on any other web site or any networked computer environment is prohibited. Any reproduction or redistribution of the software not in accordance with the License Agreement is expressly prohibited by law. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise, any license or right under any patent, trademark, or copyright of AAA Closeout liquidators, aaacloseout.com .. or any third party. Any rights not expressly granted herein are reserved. TRADEMARKS, AAA Closeout liquidators, www.aaacloseout.com .. logo and other name names of AAA Closeout liquidators, aaacloseout.com … products including but not limited to AAA Closeout liquidators, www.aaacloseout.com .. are trademarks or registered trademarks of AAA Closeout liquidators, www.aaacloseout.com… All other product and company names mentioned herein may be the trademarks of their respective owners. DISCLAIMER ” Links” to the other web sites or information sources are provided as a courtesy; however, AAA Closeout liquidators, Www.aaacloseout.com cannot vouch for or take responsibility for the information contained in any Links. Links to this site do not represent or imply endorsement by Www.aaacloseout.com .. makes no representations about the suitability. Any publication may include technical inaccuracies or typographical errors. AAA Closeout liquidators,Www.aaacloseout.com .. does not warrant that the materials will be uninterrupted or error-free or that defects will be corrected, or that this site, or the server that makes it available, is free of viruses or other harmful components. Electronic mail sent to this site on the Internet is not secure, and users should avoid sending sensitive or confidential information in unencrypted messages.
ALL INFORMATION, ADVERTISEMENTS, MERCHANDISE OFFERS, DOCUMENTS, OFFER LISTINGS FROM VARIOUS SOURCES, MATERIALS, AND RELATED GRAPHICS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND .Www.aaacloseout.com .. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR OTHERWISE. LIMITATION OF LIABILITY- IN NO EVENT SHALL AAA Closeout liquidators, Www.aaacloseout.com .. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE ANY INFORMATION AVAILABLE FROM THIS SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF. FOR CLAIMS, DAMAGES, AND CAUSES OF AAA Closeout liquidators,Www.aaacloseout.com .. WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. JURISDICTION This site is controlled and operated by aaacloseout.com .. . from its offices within the State of New York, United States of America. This agreement shall be governed by and construed in accordance with the laws of the State of NEW YORK, without giving effect to any principles or conflicts of law.
Accordingly, you irrevocably submit to the jurisdiction of the courts located in the NEW YORK CITY venue for all disputes. You and AAA CLOSEOUT LIQUIDATORS, (B.E.L.), to the fullest extent permitted by law, waive all right to trial by jury in any action, proceeding or counterclaim relating to these Terms. The provisions of this paragraph shall survive, even if you cease your use of www.aaacloseout.com.
Except as specifically stated in these Terms, or elsewhere on www.aaacloseout.com, or as otherwise required by applicable law, neither AAA Closeout Liquidators nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of aaacloseout.com or the content whether or not we have been advised of the possibility of such damages.
In the event that, notwithstanding the foregoing disclaimers, limitations, and indemnification, AAA Closeout liquidators is found responsible to any user for any reason whatsoever, AAA Closeout liquidator’s responsibility shall be limited to $50.00 or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by AAA Closeout liquidators in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. You agree that by accepting these Terms you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.
This site has security measures in place to protect against the loss, misuse, and alteration of the information under our control. It is unlawful to attempt to access this information without authorization, and we will prosecute any such attempts to the fullest extent of the law.
Acceptance of Terms Your use of our AAA Closeout liquidators Internet sites or any of the products or services offered on those sites (collectively, the “Services”) is subject to these Terms of Use (these “Terms”). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites or responding to our email of merchandise offerings constitutes your binding acceptance of these Terms, including any modifications that we make. We post and publish merchandise information and product descriptions on our website about customer returns, overstocks, out-of-season goods, closeouts, liquidations, and store stock deal offerings. This information is received from outside sources beyond our control. While we believe this information is accurate, we can not guarantee its accuracy. Therefore, customers should whenever possible, visit the warehouse and inspect the merchandise and inventories before submitting their order. By submitting your order on our website, we will consider and acknowledge that you are familiar with the merchandise, have previously inspected the merchandise or waive your responsibility and right to inspect the purchased merchandise with all it’s faults if any and accept the purchased goods in “as is” condition. Buying Closeouts, salvage, liquidations and customer returns is not for everyone. Testimonials are not representative. Results vary. There is a substantial risk of loss associated with buying “as is” merchandise. When you submit your order, you agree to our “terms of sale” and “terms of use”. Once an electronic signature is submitted on our order page, this electronic order constitutes an electronic letter of agency and a firm order for purchase of our products AAA Closeout Liquidators reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
WHAT WE DO… The merchandise we sell is mostly store returns salvage. There are no real fixed percentages of working or non-working merchandise as people tend to return items for various reasons…not all of which are because of damage or defects. No two loads are alike and nobody offers any guarantees. Some loads are absolute home runs while others are out and out stinkers.
ALL LOADS ARE SOLD “AS IS” where is – NO GUARANTEES.
Some loads are manifested others are not.
Buyer accepts all risks and liability for the merchandise at the FOB shipping point.
Buyer must not disclose that the goods came from a particular store chain or source
Products purchased are “AS IS” and may be damaged, non-usable, defective or used.
No express or implied warranties or guarantees on products
Buyer must remove all previous retail identification marks
Buyer is responsible for all freight and shipping costs.
Buyer is required to submit a resale certificate, where applicable.
Buyer assumes all product liability risks and will indemnify, defend and hold seller harmless in case of any problems and/or defects with the merchandise.
All sales are subject to our posted “Terms of Sale”.
All sales are final .There is a considerable degree of risk involved in the salvage, closeout and customer return business, in part because of the condition and non-merchantability of some products. You should not purchase our merchandise unless you feel comfortable that you understand and accept the degree of risk involved. If you feel the risk of purchasing any inventory without a physical inspection of the merchandise is too great, we will arrange a visit for you to the location where the merchandise is staged for shipping.
As stated below, we do not make any express or implied warranties with respect to salvage products. Our “as is” merchandise may be damaged, defective or broken. You understand and accept that AAA Closeout liquidators do not have control of the actual packing and/or loading of merchandise when merchandise is shipped directly to you or your overseas port from an outside warehouse or factory. Therefore, we do not guarantee that the loaders filled your container to maximum capacity.
You understand and accept that AAA Closeout liquidators do not have control of the actual packing and/or loading of merchandise when merchandise is shipped directly to you or your overseas port from an outside warehouse or factory. Therefore, we do not guarantee that the loaders filled your container to maximum capacity.
Pictures posted on our site or those that are sent by email have been received from third parties beyond our control or are stock pictures and may not represent the actual goods being offered. The pictures show how the merchandise looked or are supposed to look when brand new and first quality in an ideal retail setting. Customers are urged to inspect the goods prior to purchase to evaluate the merchandise first hand. The merchandise we sell is not brand new and is not first quality, except where otherwise noted.
For all products, there are no express warranties and/or guarantees provided and all implied warranties and/or guarantees are disclaimed, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Refusal or Rejection of Shipment Delivery…
The buyer is required to cooperate in the prompt unloading of cargo from the delivery truck and to take receipt of merchandise delivered. Trucking companies generally give two (2) hours free time for unloading of the trailer, after which they charge approx. $75.00 per hour detention charge. This detention time payment is the responsibility of the buyer and shall be paid. Ownership, responsibility, liability and all risk of the merchandise is assumed by the buyer and is 100% transferred to the buyer at the FOB shipping point.
In the event that the purchased cargo is refused or rejected by the buyer at the point of delivery and the delivery truck leaves the “ship to address” location as noted on the order, then the goods shall be deemed abandoned and the seller or the trucking company shall keep all goods refused or not accepted by the buyer. The seller or the trucking company may dispose of the goods as they feel fit to compensate for the expense and extra efforts involved. There shall be no refund or credit to be issued for refused or rejected goods. All detention charges, additional freight charges and disposal charges are the responsibility of the buyer and shall be due and payable at the time of presentation of an invoice. Buyer understands that all deposits payments paid to AAA Closeout Liquidators for the purchase of merchandise or services may be commingled with other sellers’ funds and said deposits do not earn interest for the customer.
Our sites include a combination of content that we create, that our partners create and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part. All features, product descriptions, pictures, offers, prices, services and terms and conditions are subject to change without notice. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: Restrict, suspend or terminate your access to all or any part of our Services; Change, suspend or discontinue all or any part of our Services; Refuse, move or remove any material that you submit to our sites for any reason; Refuse, move, or remove any content that is available on our sites; Establish general practices and limits concerning use of our sites. You agree that we will not be liable to you or any third party for taking any of these actions.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
We do not guarantee the accuracy, integrity or quality of the content on our sites. You may not rely on any of this content, including, but not limited to, product reviews, white papers, product descriptions or manifests. Without limitation, we are not responsible for postings by users in the user opinion, message board or feedback sections of our sites. Our sites also contain information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary. You may be exposed to content that you find objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
In no event shall AAA Closeout liquidators, WWW.AAACLOSEOUT.COM. be liable for injury or damage to business, profits, revenues or goodwill or for any special, consequential, or incidental damages, however caused, whether for breach of warranty, breach of contract, repudiation of contract, termination, negligence, or otherwise, even if it shall have been advised of the possibility of such damages.
Our sites may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
By accepting freight or merchandise shipments from us, freight brokers, non-vessel operating carriers, ocean transport intermediaries, freight, trucking, and shipping companies shall maintain a minimum of $950,000 insurance coverage for each occurrence and shall indemnify and hold. harmless from all liability, losses, damages, legal fees and any related expenses and costs that may occur during the transport of goods. Such insurance coverage shall name ., its subsidiaries, affiliates, directors, officers, and employees as additional insured’s with respect to liability, or any claims of liability, arising out of the work or services performed by Seller that affords the additional insured’s that same coverage as if the additional insured’s were the named insured. By shipping and transporting merchandise for and in behalf of us., you hereby agree to this requirement and policy.
We do not sell, resell or license any of the products or services on third-party sites or products, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
All of the information that we collect from you, such as registration and personal information, is subject to our privacy policy.
If we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Account termination or legal action may be taken in abuse cases.
The technology, software, and data underlying our sites and the Services are the property of AAA Closeout liquidators, Www.aaacloseout.com .., our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”), only to send and receive messages and material that are proper and related to that particular Forum.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by AAA Closeout liquidators, www.aaacloseout.com .. for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing.
The use of our sites is subject to existing laws and legal processes. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our sites.
Please be advised that we use standard wood or plastic pallets in shipping our merchandise that may or may not comply with ISPM-15. International shipments can not be canceled after the order was received from a customer.
If your country needs a special ISPM-15 certification specifying that the wood pallets that are to be used in shipping your cargo are either heat-treated (HT) to (56 degrees C for thirty minutes) or fumigated (MB) with methyl bromide, you as the customer/importer or your freight forwarder must advise us in writing of this requirement for your country before or at the time you are placing your order. There is an extra charge for this special ISPM-15 pallets and/or fumigation services. Therefore, all costs and expenses to comply with this ISPM-15 pallet requirement are the responsibility of the customer/importer and we must be advised of this in writing before invoicing you in order that we can charge you extra for this service and pallets. If you fail to advise us of this requirement for your country before we invoice you, then all risk and expense, as well as any extra charges and fines for non-compliance and this is the sole responsibility of the customer/importer. Buyers or their representatives are expected to inspect their merchandise and supervise the loading of their export container.
Non-Circumvent and non-disclosure agreement
By using and/or ordering from this website, you hereby agree to indemnify, defend and hold Www.aaacloseout.com. , and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “Www.aaacloseout.com .. Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Www.aaacloseout.com and/or. in connection with any claim including, but not limited to any inaccuracies on our site, claims for defamation, customer’s dissatisfaction in regards to the sale or quality of any merchandise received, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers) computer viruses, natural disasters, or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control. When we use the website address of https://www.aaacloseout.com/ in these terms or on this website or the words “we”, “our”, “us” or AAA Closeout Liquidators, it shall always only mean the corporate owner of this website as shown on our invoice.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. www.aaacloseout.com. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SALVAGE PRODUCTS OR ANY OTHER PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Buyer hereby acknowledges that Buyer used its own standards to determine the quality and value of the Salvage Products and, further, that the Salvage Products are purchased by Buyer “AS IS” and “WITH ALL FAULTS”. The buyer may not return any of the Salvage Products for a refund, exchange, or otherwise.
LIMITATION OF LIABILITY.AAA Closeout liquidators disclaim ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).
AAA Closeout liquidators, Www.aaacloseout.com. May at their sole option elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association located in NY, NY. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of Www.aaacloseout.com .. (or its agents, suppliers, and subcontractors) pending the completion of arbitration. In the case of any dispute or disagreement between us, you agree that by accessing, submitting an order, visiting, and/or using our website, you confirm that the Venue for any court or arbitration hearings, conferences, or litigation will only be New York, N.Y.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our sites or our terms or your purchase or receipt of any merchandise from us must be filed or e-mailed to us within thirty (30) days of the invoice date or be forever barred. By using this site or submitting your order to us, you hereby agree that you will not request a trial by jury for any dispute between us and hereby KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY.
Concealed damage/shortages -Please take photos for documentation. Keep the original cartons and damaged items until the claim is resolved. Failure to do so may result in a refusal of the claim by the Carrier and subsequent denial of the claim to the customer. Loss or damage to contents of a shipping container, which could not have been noted at the time of delivery, must be reported to AAA Closeout Liquidators within fifteen (15) calendar days from the date of delivery. A request for inspection should be made at that time. All merchandise should be retained in the original shipping container in the same condition it was in when the loss or damage was discovered until inspected. In the event that the AAA Closeout Liquidators’ customer after receiving the merchandise, ships the cargo to their own customer or to another warehouse location, then it is the customer’s obligation and responsibility to first count and inspect the merchandise before shipping it to this other location. AAA Closeout Liquidators is absolutely not responsible for concealed shortages or damages to any merchandise that was shipped to another location without it first being counted and inspected and any discrepancy promptly reported to us. Concealed shortages and damages must be reported to AAA Closeout Liquidators within 15 days of receipt of the goods at the original shipping location. Anything reported past the 15-day window will not be considered for a settlement and will be denied for filing too late.
These Terms, including our posted “terms of sale”, conditions, and policies that are incorporated into these Terms by reference constitute the entire agreement between you and AAA Closeout liquidators, Www.aaacloseout.com .. and govern your use of our sites and all your purchases from us, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel if seeking interim or preliminary relief or enforcement of an arbitration award.
AAA Closeout liquidators, Www.aaacloseout.com, et al .. assume No Responsibility for orders shipped to foreign countries. When you place your order with us, you are assuming all liability, Risks for Lost, Stolen, Delayed, Damaged, or Impounded merchandise. It is your responsibility to check with your Customs office to see if your country permits the shipment of our products to your country. When you place your order, you are agreeing to these Terms and Conditions. All merchandise is sold “EX WORKS”: the warehouse from where the merchandise is being shipped (POINT OF ORIGIN). (The title to goods passes to the buyer when they leave the vendor’s dock and consequently, at that point, the liability for loss or damage and the expenses of shipment also pass from vendor to buyer.) The buyer is solely responsible for securing his goods in the shipping container before it departs from the shipping point. The buyer will block and brace all pallets in the shipping container to make certain that the goods do not shift or get damaged while in transit. Buyer further agrees to defend, indemnify and hold seller harmless from all claims, liability or damages incurred while the goods are in transit. Buyers or their representatives are expected to inspect the merchandise before shipping and to supervise the loading of their export containers.
Please make an appointment for an inspection. If an inspection appointment is made and the customer does not visit the facility or does not ask for an inspection appointment, he then waives all rights as to the quality of the as-is merchandise that he purchased.
In the case of paint spills during transit or at the port, all cleanup costs and related expenses are the sole responsibility of the buyer. Please be aware that you are responsible for all shipping costs, handling expenses, the risk of loss or damage, insurance costs, customs, duties, and local taxes for importing goods into your country. Inasmuch as all merchandise is sold to you “EX WORKS”-USA shipping point, any Loss, damages in transit, or Shortages must be indicated on the carrier’s BOL and YOU must file a claim with the freight carrier. Please keep in mind, that we only set up shipping as a courtesy and convenience to you and all claims must be directed to the freight company or shipping line and not to us. We encourage and urge all customers to purchase freight insurance for their shipment while it is in transit from the shipping point to their final destination. Unless you specifically ask us for freight insurance, we will assume that you have purchased freight insurance privately in your own country or you do not want to incur the additional cost of insurance and have decided to self-insure your shipment. Therefore, your shipping cost as shown on the invoice will not include any insurance coverage unless you ask for it in writing.
Laws are different in every country and we cannot monitor them all. It is your responsibility to check with your Customs office to see if your country permits the shipment of our products to your country.
If the cargo is lost, damaged, stolen or your shipment is seized by Customs – for any reason we will Not issue you a refund or credit. If we get cargo back after being seized, you are still responsible for all shipping charges and expenses.
The customer is responsible in all cases to secure and arrange the shipping of his container load of merchandise that he purchased. The customer is also responsible to pay for all freight, shipping, and customs charges and inspections. Merchandise should be picked up within five (5) days of the customer being notified that the merchandise is ready for shipping. If the merchandise is not picked up within the five (5) days of being notified that the goods are ready for pick up then there is a warehouse holding charge of $250.00 per day storage. AAA Closeout Liquidators is not responsible to secure, arrange or do international shipping as we only sell the merchandise, Ex-works. In the event, a customer is unable to find or arrange or secure a trucking or freight company to ship his overseas shipment and AAA Closeout Liquidators are asked by the customer for their assistance to do this extra service for the customer, then the service charge is five hundred ($500.) dollars for AAA Closeout Liquidator’s extra services to find and arrange a freight company for the customer. In any event, all shipping and freight, and customs charges are still 100% the responsibility of the customer as the goods are always sold at EX Works warehouse.
You are responsible for any duties or taxes that may apply. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Please be aware that once an order is submitted online or sent to us by e-mail or the order is placed by phone, you are legally obligated to pay the invoice and accept the shipment. There is a 50% restocking fee for all canceled orders that have already been picked and/or packed and are ready to be shipped to a customer. Please understand that it is very expensive to restock merchandise once they have been pulled and/or packed by the shipping department. Regarding paint merchandise, once paint colors are selected by the customer and the totes are staged according to a customer’s specifications, these orders may not be canceled. In the event that a paint order is canceled, the customer understands and accepts that there is a 50% handling fee and the customer will get a refund of 50% of his payment.
This 50% restocking fee policy also applies to all orders that have been shipped to a customer and the customer wants to return shipment due to buyer remorse, changing of mind, or other reasons. In the case of authorized returns approved by us in writing the customers are responsible for all freight and shipping charges to the customer’s warehouse and also back to our warehouse.
In the event that merchandise is prepared for a customer’s specific order and then customer decides to postpone the pick up to a later date for whatever reason then the customer is responsible to pay a service charge of $2,000. Please understand it is costly to prepare an order in time and company resources. Customer is required to pick up the merchandise within five days of it being ready for pick up. Arranging shipping is the customer’s responsibility.
In the event that merchandise is sold on credit or terms, the customer agrees to pay when due as per the invoice or written agreement. If it is not paid by the due date, then the customer accepts $500. per day or 25% of the invoice amount (whichever is greater) as a late fee penalty until the debt is paid, plus all reasonable legal fees and collection expenses.Thank you for your cooperation.
Any deposits paid by customers or visitors to this website and requesting specialized services such as private brand development is 100% non-refundable. The person communicating with AAA Closeout Liquidators and/or sending this deposit for specialized services understands that this deposit is not refundable and personally indemnifies and holds harmless AAA Closeout Liquidators its officers and associated companies from any claims or requests from any person or entity seeking a refund of this deposit.
In addition, You understand that the services provided by AAA Closeout liquidators are unique and that it spends a substantial amount of time and effort to work on a specialized order or service such as private label development. If you cancel an order then AAA Closeout Liquidators will suffer damages because of the time and phone calls and emails, negotiations, and discussions it had with various people to meet your specialized request. These damages are difficult to measure. Therefore, if you cancel this order at any time once a deposit has been paid and work has started on your specialized project, then AAA Closeout Liquidators and its affiliated companies have the right to keep the deposits as liquidated damages. This is to compensate for work and effort that was performed and for any losses incurred as a result of the cancellation of an order for specialized services by you and is not to be considered a penalty.
Seller hereby agrees in consideration of payment of said NON-REFUNDABLE DEPOSIT to work on a specialized order for the customer. Buyer understands, acknowledges, and agrees that if he fails to pay the Seller the remaining amount due or cancels the order for specialized service or merchandise then the NON-REFUNDABLE DEPOSIT shall be forfeited. Buyer understands and agrees never to dispute this forfeited deposit.
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Due to the nature of our online site, and the products listed, we AAA Closeout Liquidators have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. Additionally, orders cannot be canceled once the order has been placed.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF NEW YORK COUNTY, NY OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW York. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT NEW YORK, NY OR THE DISTRICT OF NEW YORK IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by AAA Closeout Liquidators, in the State of New York, USA. As such, the laws of New York will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Confidentiality Notice: All our e-mails are subject to the Electronic Communications Privacy Act, 18 U.S.C. § 2510 – 2521, and may be legally privileged. Our emails do not constitute an e-signature, and by our emails that we send out, there is no intent to enter into a contract. All messages, including any or all attachments, are for the sole use of the intended recipient(s). The messages may contain proprietary and confidential pricing information of our companies and shall not be used, disclosed, or reproduced in whole or in part for any purpose other than to evaluate internally and by authorized personnel of the named company. Any unauthorized review; use, disclosure or distribution is prohibited as it will likely cause irreparable harm. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
By using or visiting this Web Site, submitting an order form, sending us an email or buying merchandise or services from AAA Closeout liquidators , www.aaacloseout.com , the corporation as stated on our invoice, it’s owners, affiliates or subsidiaries our customers agree to be bound by our terms of use as stated on this page as well as our terms of sale page and any revisions thereof, and should therefore periodically visit this page and our terms of sale page to determine the then current terms to which our customers are bound.
AAA Closeout Liquidators may, at any time, revise these Terms of Use by updating this posting. By using this Site or sending us an email to sales@aaacloseout.com, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. This page is subject to revision at any time in Our sole discretion. We recommend that You read this terms of use each time You use Our website. If You object to any such changes, You must cease using the Site immediately. Continued use of the Site following any changes shall indicate Your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Thank you for your business. AAA Closeout liquidators, www.aaacloseout.com
