Before you may register or use American Builder Surplus (ABS), you must read and accept all of the terms and conditions in this User Agreement. Use of the ABS website and the services offered here constitutes your acceptance of all terms and conditions stated in this User Agreement and your agreement that you have read and understand the policies and procedures outlined in the frequently asked questions posted on this website.
ABS does not possess, offer or hold any merchandise that is posted for sale on its website. ABS is not the buyer, nor the seller, in any transaction posted on this website and does not possess any of the merchandise offered for sale. ABS serves as a venue for users to offer various items for sale or auction. ABS has no means to independently verify the postings on its website or the identify of its users.
All items are offered "AS IS, WHERE IS" as announced at the time of sale without any warranties, express or implied, as to title, fitness for a particular use, merchantability or otherwise.
By listing items for sale on ABS, you agree and represent as follows:
By purchasing items for auction on ABS, you agree and represent as follows:
- You will accurately list the quantity, quality, safety, availability and all other material conditions of the offered items;
- You have the title and authority to sell the listed items;
- You possess the items listed for sale and they are reasonably available for delivery as described;
- The items which you are offering for sale do not violate any local, state, or federal laws, regulations, or guidelines prohibiting the possession, sale or distribution of your item(s);
As a condition of using the ABS website, you covenant not to sue ABS (ors its owners, operators, employees or contractors) and you hereby release and forever discharge ABS from all liability or damages in any way caused by the listing, sale, nonsale, use or utilization of the services of ABS in any way which includes, but it not limited to: A waiver of mistakes of listing; a waiver of availability of the website; fraud or misrepresentation by the purchaser or seller including the identity of the seller, personal injury, or claimed warranties or representations of any kind.
- You will verify any necessary information with the seller;
- You will inspect and verify the quantity, quality and all other material conditions of the offered items prior to accepting delivery of any items;
- Your receipt of the listed items will not violate any local, state or federal laws, regulations or guidelines prohibiting the possession, sale or distribution of the items.
You agree to indemnify and hold harmless ABS, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ABS, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL ABS (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
In the event that ABS is ever held liable for any claim in any way related to the services provided on this website.
ABS reserves the right to close any user account for any reason including violation of this User Agreement. ABS reserves the right to refuse or delist any posted item in its sole discretion.
This Agreement and the terms and conditions herein, shall be governed by the laws of the State of Georgia. You further submit to the legal jurisdiction of the state of Georgia and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in Fulton County, Georgia.
AmericanBuilderSurplus.com is a service mark of American Builder Surplus LLC.
Purchases must also comply with all applicable laws regarding taxation.
American Builder Surplus reserves all rights to amend this agreement at any time and these changes will be binding immediately for all new postings and within 30 days for all postings. If you do not agree to such changes, you may request that we close your account by contacting us.