Terms and Conditions
Introduction
The entity you are contracting with is Quality Garage Time (“QGT”) 34305 N 138th pl, Scottsdale, Arizona, 85262.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved. It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration.
About Quality Garage Time
Quality Garage Time (“QGT”) is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. QGT is not a party to contracts for sale between third-party sellers and buyers, nor is QGT a traditional auctioneer.
Any guidance QGT provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not.
In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
- breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
- fail to pay for items purchased by you.
- share your log in credentials with any third parties.
- engage in gambling;
- post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm QGT or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of QGT;
- circumvent any technical measures used to provide our Services;
- interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to QGT. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to QGT or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
- commercialize any QGT application or any information, data, or software associated with such application, except with the prior express permission of QGT;
- or harvest or otherwise collect or use information about users without their consent.
- These Terms and Conditions can be updated at anytime.
Purchase Conditions
When buying an item using our Services, you agree to the Rules and policies for buyers and that:
- You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy.
- Seller will provide any additional photos, videos and answer any and all questions of Qualified Bidders, but it is your responsibility to ask.
- You are responsible to ensure the condition of the item is accurately represented in the listing, and that all questions about the items condition have been answered to your satisfaction.
- You agree you are entering into a legally binding contract to purchase an item when you bid on the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received.
- You understand that All Sales Are Final.
Buy It Now Terms
You can buy the item and ensure your winning of the item by selecting the Buy It Now feature and paying the listed price.
- Using the Buy It Now feature is subject to the Auction Status.
- If there are no bids, the Buy It Now Feature will be accepted by the seller, and the auction will be ended.
- If the current highest bid at the time the Buy It Now Feature is activated is less than 80% of the Buy It Now Price, the Auction will be ended.
- If the Auction Status is within 28 hours of being ended, and the highest bid is between 80% and 100% of the Buy It Now Price, The Buy It Now option will not be accepted unless the auction has ended and the Buy It Now price is still the prevailing higher price.
- If at any time the auction bid exceeds the Buy It Now price, Buy it Now will not be accepted, even if the Buy It Now feature was still available and accessible on the website.
- If a buyer uses the Buy It Now feature and cancels for any reason, that buyer is excluded from the auction.
Auction Terms
General Terms:
- Any taxes or fees required by any governmental agency (worldwide) is the responsibility of the buyer.
- All sales are USD, and any currency conversion charges shall be paid by the buyer.
- A winning bid must pid within 72 hours of the auctions end.
- Final Payment can be made via credit or debit card, check, money order or wire transfer.
- Any taxes or fees required by any governmental agency (worldwide) is the responsibility of the buyer.
- You agree you are entering into a legally binding contract to purchase an item when your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received.
General Shipping Terms:
- All shipping is at your own risk. Seller, nor QGT will be responsible for damage during shipping.
- If you elect to have the item picked up near Scottsdale, Arizona, you are responsible for all shipping charges.
- Duty, taxes, border fees, or any other charges from governments or shipping companies are the sole responsibility of the buyer.
- If you arrange your own shipping, the item must be picked up within 30 days of the sale.
- Failure to pick up the item within 30 days will result in a $10 per day storage fee.
- Storage fees must be paid prior to the item being picked up.
- When storage fees exceed the purchase price, your purchase price will be forfeit, ownership reverts to the seller, and the item may be made available for auction again.
- Photos will be provided of the item the day it ships and as it is loaded to verify the condition.
Buy It Now Shipping
For items purchased on the basis of “Buy It Now”, the General Shipping Terms apply, as well as the following;
- $1,000 will be refunded from your purchase price if you choose to pay for and arrange shipping yourself.
- Up to $1,000 will be applied to the 3rd party shipping of your purchase by the seller.
- You may arrange for 3rd party shipping yourself, or the seller will arrange sipping through UShip.com
- Shipping costs over $1,000, in the lower 48 United States or worldwide, are the responsibility of the buyer.
Winning Bidder Auction Shipping
- All General Shipping Terms Apply
- You are responsible for any and all shipping charges.
- You agree to promptly arrange for shipping (We recommend Uship.com)
Returns and Cancellations; Refunds
- All sales are final. Once shipped, no refunds.
Disputes
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and QGT or the seller.
Agreement to Arbitrate
You and QGT each agree that any and all disputes or claims that have arisen, or may arise, between you and QGT (or any related third parties) that relate in any way to or arise out of this or previous versions of these Terms and Conditions, your use of this website, the actions of QGT or its agents, or any products or services sold, offered, or purchased through this website shall be resolved exclusively through final and binding arbitration, rather than in court. The term “related third parties” includes your and QGT’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, QGT’s, and these entities’ employees and agents.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of these Terms and Conditions as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court.
If you have questions about these Terms and Conditions, please contact terms@qualitygaragetime.com.