“Buyer” or “you” or “your” shall mean the individual who purchases Inventory Products from Essendant through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
A “Completed Purchase” occurs when (i) you have provided to Essendant all of the purchase information requested in the Email Notification in the manner specified in such Email Notification to complete your purchase and (ii) the Purchase Price for the Inventory Products has been received in the Essendant account specified in the Email Notification.
“Email Notification” means the email you receive after you place the winning bid on Inventory Products available for sale on the Site. The Email Notification will be sent to the email address you provided when you registered for your account, as updated by you from time to time by following instructions on the Site.
“Essendant’s Premises” shall mean any facility utilized or designated by Essendant or an Essendant affiliate to store or distribute any Inventory Products, which may include a facility owned and operated by a third-party.
“Extended Auction” shall mean an auction where if a bid is entered within the final 10 minutes of the original closing time, the auction will be extended by 10 minutes. If a bid is then placed before the extended 10 minutes elapses, the auction will be extended again for 10 minutes and the listing will continue to be extended until there are no new bids placed within the final 10 minutes of the auction.
“Inventory Products” shall mean Essendant’s inventory products that are available for purchase on the Site under the terms described herein.
“Listing” or “Listings” shall mean the content on the Site associated with particular Inventory Products, including, but not limited to, the description and quantity of the Inventory Products. Essendant shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any Inventory Products purchased after such modification had been made.
“Promotional Content” shall mean any and all information, service or content provided by Essendant or its agents in any medium in connection with this Agreement, including promotional content and Listings displayed on the Site.
Warranty Disclaimer; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE INVENTORY PRODUCTS ARE PROVIDED BY ESSENDANT TO YOU “AS IS” AND ESSENDANT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE INVENTORY PRODUCTS OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE INVENTORY PRODUCTS’ CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH IN THESE TERMS OF PURCHASE, NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OF PROFITS OR OTHER CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ESSENDANT’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES RESULTING FROM THESE TERMS OF PURCHASE, EXCEED THE PURCHASE PRICE PAID BY YOU TO ESSENDNAT FOR THE INVENTORY PRODUCTS AT ISSUE. ESSENDNAT SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT ESSENDANT CORRECTS PRIOR TO THE PURCHASE OF THE INVENTORY PRODUCTS TO WHICH THAT LISTING APPLIES. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION.