Department Store Auctions TERMS OF PURCHASE
Confirmation of Agreement to Policies, Terms & Conditions
Please confirm that you have reviewed and understand Macy’s Inc. Liquidation Department’s policies and procedures for payment and shipping as well as all of our terms and conditions. Please acknowledge your agreement to follow these requirements as they are outlined in the Macy’s Inc. Liquidation New Client Information document, for all purchases that your company may make, by signing and entering today’s date below:
All Product is Sold As Is - All Sales are Final - No Cancellations - No Returns - No Credits
All Freight Terms are FOB: Macy’s Inc. Facility (as indicated). THE SHIPPING TERMS SET FORTH IN THE MACY’S, INC LIQUIDATION DEPARTMENT POLICIES AND PROCEDURES ARE BINDING AND ARE TO BE COMMUNICATED TO 3rd PARTY CARRIERS.
You are to indemnify, defend and hold harmless, Macy’s and its vendors, together with each of their affiliates and the officers, directors, employees, contractors, and agents and assigns of each of them (each a “Macy’s Indemnitee”), from and against any and all liability, or harm as may be caused to any Macy’s Indemnitee by any act or omission of you or your affiliate or contractee, or any officer or director or employee of any of them, or any agent or assign.
TITLE TO THE INVENTORY SHALL REMAIN WITH MACY’S UNTIL YOU TAKE POSSESSION OF THE INVENTORY AT THE MACY’S FACILITY IDENTIFIED IN THE EMAIL NOTIFICATION ISSUED TO YOU FOLLOWING THE CONCLUSION OF THE INVENTORY AUCTION (THE “INVENTORY LOCATION”). DELIVERY SHALL BE 'EX WORKS - POINT OF PURCHASE', AS DEFINED IN THE INCOTERMS 2010 PUBLISHED BY THE ICC. YOU SHALL PAY ALL FREIGHT CHARGES. YOU EXPRESSLY ACKNOWLEDGE THAT RISK OF LOSS AND LIABILITY FOR THE INVENTORY SHALL PASS TO YOU UPON YOUR OR YOUR AGENT'S RECEIPT OF THE INVENTORY AT THE INVENTORY LOCATION, AND AFTER SUCH T IME, YOU SHALL RELEASE MACY’S OF ANY FAULT, AND SHALL FORFEIT ANY RIGHTS TO CLAIMS AGAINST MACY’S ASSOCIATED WITH THE INVENTORY OR THE RECEIPT OF THE INVENTORY PURCHASED BY YOU. YOU FURTHER RELEASE B-STOCK OF ANY LIABILITY AND WAIVE ALL CLAIMS AGAINST B-STOCK WITH RESPECT TO SUCH INVENTORY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RIGHT TO REFUSE OR RETURN THE INVENTORY FOR REFUND, EXCHANGE, OR OTHERWISE AFTER ACCEPTING POSSESSION OF THE INVENTORY AT THE INVENTORY LOCATION.
Confirmation of a wire transfer payment is required prior to the shipment of goods.
The sale of the merchandise to the purchaser and subsequent sales or other transfers of the merchandise shall be subject to certain terms and conditions, including as set forth in this purchaser package. Specifically, purchaser shall commit to not advertise (or permit their direct and indirect purchasers) from advertising any of the merchandise in a manner that identifies, names or otherwise references the source as Macy’s Inc. or any of its store groups (i.e., Macy’s, Bloomingdale's or any other Macy’s Inc. operation). Purchaser shall make such covenant a condition of its sale and require that its purchaser similarly make said restriction a covenant of any subsequent purchaser.
Private Label Policy: Macy’s Inc. (Macy’s/Bloomingdale’s) operational sales tickets require liquidation clients to deface labels and /or tags on all private label products. Some of our Private Label brands include: I.N.C., Alfani, Style & Co., Jennifer Moore, Tasso Elba, Charter Club, Clubroom, Green Dog, American Rag. The Macy’s Inc. Liquidation Sales Office can provide a complete list of Macy’s Inc. Private Label brands.
Macy’s Inc. operational sales tickets must be removed prior to ultimate resale.
Macy’s is offering these goods to you on an “as is” basis. You may not export goods with any identification as to having been sourced by Macy’s or Bloomingdale’s or with any branding information remaining on any item. Furthermore, as to any foreign or domestic resale, please note that by purchasing such goods, you acknowledge and accept that there is no warranty or other assurance as to any item except as shown on a contents tag or label. The foregoing conditions are reflected in the pricing of these goods. In no event shall Macy’s or any of its affiliates be responsible for any liability relating to the export or resale of the goods.
You may not use the pictures from the macysliquidation.com website or on any other Macy’s site. Macy’s does not grant any right to use these images in connection with advertising or resale of the relevant products.
Handbags, Better handbags, and Premier Handbags from Coach and all Martha Stewart Collection products are no longer allowed to be marketed via the internet (e-Bay, Amazon, or otherwise) or shipped outside of the United States.
Customer returns goods from Ralph Lauren are no longer allowed to be sold or shipped outside of the United States.
Winning Bids. If your bid is deemed the winning bid at the end of the Auction for certain Inventory Products, you agree to promptly purchase such Inventory Products pursuant to the terms and instructions set forth in these Terms and in the Email Notification. If you fail to register a Completed Purchase within two (2) business days of when the Email Notification is sent by Macy's Inc., you shall forfeit any right to purchase such Inventory Products and Macy's Inc. may deactivate your account and password so you can no longer access the Site and, at its sole discretion, may choose to (i) contact the next highest bidder in the Auction for such Inventory Products and offer to sell such Inventory Products to such bidder at such bidder’s bid price or (ii) post such Inventory Products on the Site for sale in a new Auction. In the event that you do not pay for any given Winning Bid, you may be given the chance to pay a reinstatement fee, in order to prevent the deactivation of your account. The fee amounts are as follows, within any 12-month period:
1st Offense: $0-$10,000 Purchase Price: $100 Fee
1st Offense: $10,000+ Purchase Price: $500 Fee
2nd Offense: $0-$10,000 Purchase Price: $500 Fee
2nd Offense: $10,000+ Purchase Price: $1,000 Fee
3rd Offense: $1,000 Fee
You may not disclose to any third party any Confidential Information (as defined below) that may be disclosed to you pursuant to or in connection with this agreement. In addition, you agree to limit dissemination of same to your own employees with a need to know in connection with the services. Confidential Information includes all Macy’s practices, processes, methods, know-how, techniques, product specifications and materials, designs, styles, product sources, computer systems, manifests, and other facts related to Macy’s sales, financial matters, invoices (including where goods were sold, cost, retail, SKU and description), suppliers, supplier lists, customers, customer lists, and/or all other information of a confidential and proprietary nature.