Auction Terms and Conditions

By creating an account, registering for an auction, placing a bid, or checking the box indicating acceptance of these Terms and Conditions, “Bidder” electronically acknowledges and agrees that these Terms constitute a legally binding agreement and have the same force and effect as a signed written contract.

Registration & Eligibility

To participate in an auction, bidders must create a HiBid account and provide a valid credit card.

By registering, you confirm that you are at least 18 years old and legally able to enter into binding purchase agreements.

By registering for the auction, you also agree that Surplus Depot may contact you via email and text message regarding:

  • Auction notifications
  • Winning bid notifications
  • Pickup scheduling
  • Transaction-related communications
  • Marketing communications

Your information will be handled in accordance with Surplus Depot’s Privacy Policy. Message and data rates may apply depending on your mobile carrier.

Bidding

All bids placed are binding commitments to purchase.

If you are the winning bidder (sometimes referred to as either “Winning Bidder” or “Buyer”) when a lot closes, you are responsible for completing the purchase.

Bidders may participate live during the closing process or enter a maximum bid in advance. When a maximum bid is entered, the HiBid system will automatically increase your bid in the set increments to maintain your position as the high bidder until your limit is reached. Only the current high bid is visible to other bidders.

Auctions use a soft close format. If a bid is placed near the end of a lot’s closing time, additional time will be added to allow other bidders the opportunity to respond.

Surplus Depot reserves the right to reject, cancel, or remove bids believed to be fraudulent, placed in error, or disruptive to the auction process.

In the event of system errors, platform outages, or tied bids, Surplus Depot’s determination of the winning bidder shall be final.

Payment

A valid credit card is required to register.

All winning orders under $2,000.00 shall be paid via credit card. At the conclusion of the auction, the credit card on file will automatically be charged for:

  • Winning bid amount
  • Buyer’s premium
  • Applicable sales tax

All winning orders $2,000.00 or more shall be paid via ACH, wire, or certified check and shall be made within twenty-four (24) hours of auction close.

If a payment cannot be successfully processed, the Winning Bidder remains responsible for the purchase.

Surplus Depot may attempt to contact the Winning Bidder for alternative payment arrangements. Failure to complete payment may result in suspension of bidding privileges and collection efforts for the outstanding balance.

Buyer agrees not to initiate a chargeback for any charge properly assessed under these Terms and Conditions. If a chargeback is initiated and Surplus Depot prevails, Buyer shall be responsible for all collection costs, chargeback fees, attorneys’ fees, and administrative expenses incurred and Surplus Depot will have the right to permanently suspend Bidder in addition to the above remedies.

Buyer’s Premium

A 16% buyer’s premium will be added to the final bid price of each lot. This fee helps cover the cost of operating the auction platform and processing the sale.

Item Condition

ALL ITEMS ARE SOLD AS-IS, WHERE-IS. SURPLUS DEPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CONDITION, QUANTITY, QUALITY, AUTHENTICITY, OR SUITABILITY FOR USE, UNLESS SPECIFICALLY STATED IN THE LOT DESCRIPTION. BUYER ACKNOWLEDGES THAT SOME ITEMS CONSIST OF CUSTOMER RETURNS, OVERSTOCK, SALVAGE, OPEN-BOX, OR FREIGHT-DAMAGED GOODS AND MAY CONTAIN DEFECTS, MISSING PARTS, DAMAGE, OR OTHER CONDITIONS WHICH MAY OR MAY NOT BE IDENTIFIED IN THE LISTING. SURPLUS DEPOT DOES NOT GUARANTEE TITLE BEYOND WHATEVER RIGHTS IT RECEIVED FROM ITS SUPPLIER AND MAKES NO REPRESENTATION THAT ANY ITEM IS FREE FROM MANUFACTURER RESTRICTIONS, RECALLS, WARRANTIES, REGISTRATION REQUIREMENTS, OR OTHER THIRD-PARTY CLAIMS.

Descriptions and photographs are provided solely as a convenience to bidders; however, descriptions, counts, and manifests are not guaranteed. Any descriptions, counts, manifests, retail values, SKU references, quantities, or product information supplied by suppliers, retailers, carriers, or third parties are provided solely for convenience and are not guaranteed for accuracy or completeness. Variances and discrepancies shall not constitute grounds for cancellation, refund, or adjustment of the purchase price. Photos and written descriptions should be considered the primary representation of each lot, and bidders are responsible for reviewing them carefully before placing bids.

Bidder acknowledges that they will not be given an opportunity to review and/or inspect any auction item in person prior to the auction. By placing a bid, the bidder acknowledges that bidder has had sufficient opportunity to review photographs, descriptions, and available information and is not relying upon any oral statements, representations, estimates, manifests, or opinions of Surplus Depot or its employees. Bidder assumes all risk regarding the condition, completeness, functionality, value, and suitability of purchased items.

Surplus Depot acts solely as the seller of acquired inventory and is not the manufacturer, designer, importer, distributor, or original retailer of most items offered for sale.

Pickup

All pickups are by appointment only. Winning Bidders will receive a link after the auction closes to schedule their pickup time.

Pickup appointments are generally available during the following times, subject to availability and on a first come, first serve basis for scheduling:

  • Monday – Friday, 8:00 AM – 4:00 PM. These hours are subject to change without notice and are just a general guideline. Specific availability for pick up will be included in the link received following the close of the specific auction.

Weekend pickup is not available at this time.

Buyers are responsible for bringing any labor, tools, or equipment needed to safely load their items, as well as a vehicle suitable for transport.

Surplus Depot staff are not able to assist with loading, unless agreed to in writing under specific circumstances.

Winning Bidder assumes all risks of injury, death, property damage, or loss arising from the inspection, loading, handling, removal, transportation, possession, use, resale, or disposition of purchased property. Winning Bidder releases and agrees to indemnify and hold harmless Surplus Depot and its affiliates, officers, employees, and agents from any and all claims, demands, causes of action, damages, losses, liabilities, costs and/or expenses arising out of or related to:

  1. the activities named above in this paragraph;
  2. entry upon the premises;
  3. warehouse activities;
  4. loading assistance;
  5. forklift operations;
  6. item removal;
  7. transportation of purchased property; and
  8. use, possession, resale, or disposition of purchase property.

Any damage to property, equipment, or facilities caused during item removal will be the responsibility of the Buyer.

Buyer acknowledges that pickups occur at an active warehouse facility containing forklifts, pallet jacks, loading equipment, stored materials, moving vehicles, loading docks, uneven surfaces, and other industrial hazards.

Buyer and any person accompanying Buyer shall remain only in customer-designated areas and shall not enter restricted areas, loading areas, equipment zones, warehouse aisles, forklift operating areas, or any area marked “Employees Only,” “No Customers,” or similar signage unless specifically authorized by Surplus Depot personnel.

Any person entering non-public areas of the facility does so voluntarily and assumes all risks associated with such entry.

Buyer is responsible for ensuring that all accompanying people comply with these requirements.

Buyer acknowledges that any person entering the facility on Buyer’s behalf, accompanying Buyer, assisting with pickup, or receiving purchased items from Buyer shall be deemed Buyer’s invitee, agent, or representative for purposes of these Terms and Conditions, and Buyer assumes responsibility for the acts and omissions of such people.

Loading Assistance

As a courtesy, Surplus Depot may, in its sole discretion, provide limited loading assistance or use forklifts, pallet jacks, or other equipment to assist with loading purchased items. Such assistance is voluntary and may be refused or discontinued at any time.

Buyer assumes all risks associated with loading assistance, including risks arising from the movement, loading, placement, securing, transportation, shifting, or unloading of purchased property.

Buyer is solely responsible for determining whether a vehicle, trailer, tie-down method, straps, chains, securing devices, or transportation method is suitable and safe for the purchased items.

Surplus Depot does not inspect, supervise, or approve any vehicle, trailer, tie-down system, cargo securement method, or transportation equipment used by Buyer. Any loading placement or assistance provided by Surplus Depot personnel is performed solely as a courtesy and shall not constitute representation that the load is properly secured, balanced, safe, or compliant with applicable transportation laws.

Pickup Deadline

Items must be removed within one week of the auction closing.

Items not picked up within the stated timeframe may be considered abandoned and forfeited, with no refunds issued.

Surplus Depot reserves the right to resell, dispose of, or otherwise handle abandoned items at its discretion.

Shipping

Shipping is available on select lots only.

If shipping is offered, the lot will be clearly marked “Shipping Available.” Shipping charges will include:

  • Carrier shipping and insurance costs
  • Handling
  • Packing materials

Shipping fees will be charged to the buyer and must be paid before shipment otherwise the item will be considered abandoned if not paid within seven (7) days of auction close.

Title and Risk of Loss

Risk of loss and responsibility for purchased property shall pass to the Winning Bidder immediately upon payment or release of the lot to the Winning Bidder, whichever first occurs, subject to loss or abandonment of property as otherwise set forth herein or under law. Thereafter all risk of theft, damage, destruction, or loss shall be borne solely by the Winning Bidder.

Recalls and Safety Notices

Buyer acknowledges that certain items may be subject to manufacturer recalls, safety notices, registration requirements, or usage restrictions. Buyer is solely responsible for determining whether any purchased item is subject to a recall or safety notice before bidding on an item, or the use, resale, or distribution of a purchased item. Surplus Depot shall have no responsibility for providing future recall notices, safety updates, or manufacturer warnings regarding purchased items.

Resale

Buyer acknowledges that Surplus Depot is not the manufacturer, importer, distributor, or original retailer of most items sold and has limited knowledge regarding the history, condition, safety, operation, or regulatory status of such items.

Buyer is solely responsible for determining whether any purchased item may lawfully and safely be resold, distributed, advertised, marketed, modified, repaired, repackaged, or used.

Buyer shall provide Surplus Depot with a resale certificate if it would like to take advantage of any tax exemptions.

Buyer shall be solely responsible for:

  • compliance with all applicable federal, state, and local laws relating to resale;
  • compliance with product safety requirements;
  • compliance with consumer protection laws;
  • compliance with labeling and warning requirements;
  • determining whether any item is subject to a recall, safety notice, restriction, or regulatory requirement;
  • supplying any warnings, instructions, disclosures, or notices required for resale.

Buyer assumes full responsibility for any modification, repair, refurbishment, repackaging, relabeling, bundling, or alteration of purchased merchandise.

Retailer Branding

Certain merchandise may contain retailer labels, private-brand markings, packaging, shipping labels, customer information, inventory stickers, barcodes, retailer stock numbers, or other identifying information originating from prior owners, retailers, distributors, fulfillment providers, or customers.

Winning Bidder shall remove, destroy, redact, or permanently obscure any shipping labels, customer information, addresses, account information, return labels, or other personally identifying information before any resale, distribution, display, marketing, advertising, or transfer of purchased merchandise.

Winning Bidder shall comply with all applicable privacy, consumer protection, and data protection laws relating to any information that may appear on purchased merchandise or its packaging.

Winning Bidder shall not advertise, market, list, represent, or sell any purchased item in a manner that suggests sponsorship, endorsement, affiliation, authorization, certification, or approval by Surplus Depot or any retailer, distributor, manufacturer, marketplace, or brand owner unless separately authorized by such party.

Indemnification

Bidder shall indemnify, defend, and hold harmless Surplus Depot, its affiliates, officers, directors, employees, agents, successors, and assigns from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • Bidder’s breach of these Terms;
  • Bidder’s removal, transportation, possession, resale, use, or disposal of any purchased item;
  • Injury to persons or damage to property caused by purchased items;
  • Claims arising from resale, distribution, modification, installation, operation, or use of purchased items;
  • Claims arising from Bidder’s advertising, marketing, branding, resale, distribution, relabeling, repackaging, or disclosure of customer information.

Tax Exemption

Buyers claiming tax exemption must submit a valid certificate to: taxexempt@thesurplusdepot.com

Certificates must be received and approved before payment is processed.

Disputes & Misrepresentation

If a buyer believes an item was materially misrepresented, a claim must be submitted within 72 hours of pickup/delivery, as applicable. Any claim of material misrepresentation must be submitted in writing within 72 hours after pickup/delivery, as applicable, and before the item is modified, used, resold, repaired, or transferred.

Claims must include the auction name and lot number and should be sent to: claims@thesurplusdepot.com

Surplus Depot may, in its sole discretion, investigate any timely claim of material misrepresentation. If Surplus Depot determines that relief is appropriate, Bidder’s sole and exclusive remedy shall be limited to rescission of the sale or refund of the purchase price actually paid for the affected lot.

Auctioneer Rights

Surplus Depot reserves the right to:

  • Withdraw or combine lots
  • Correct listing errors
  • Adjust bidding increments
  • Cancel bids placed in error
  • Refuse service or restrict bidding privileges to any user

All decisions made by Surplus Depot during the auction are final.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURPLUS DEPOT’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY LOT, TRANSACTION, AUCTION, OR PURCHASE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE BUYER FOR THE SPECIFIC LOT GIVING RISE TO THE CLAIM.

UNDER NO CIRCUMSTANCES SHALL SURPLUS DEPOT BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

Governing Law and Venue

These Terms and Conditions shall be governed by and construed under the laws of the State of Illinois without regard to conflict-of-law principles. Any dispute arising from or relating to the auction, the terms, or any transaction shall be brought exclusively in the state courts located in DuPage County, Illinois or federal courts located in the Northern District of Illinois, and each bidder consents to such jurisdiction and venue.

Attorneys’ Fees

Buyer shall reimburse Surplus Depot for all attorneys’ fees, court costs, collection expenses, expert fees, and other costs incurred by Surplus Depot arising out of:

  • Buyer’s breach of these Terms and Conditions;
  • collection of amounts owed;
  • chargebacks;
  • enforcement of indemnification obligations;
  • enforcement of any rights or remedies under these Terms and Conditions.

Force Majeure

Surplus Depot shall not be liable for delays, interruptions, or failures to perform resulting from causes beyond its reasonable control, including acts of God, weather events, transportation disruptions, labor disputes, internet outages, power failures, governmental actions, or similar events.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior oral or written communications concerning the auction or purchase.