The Pro Floor and More Auctions

SERVICES TERMS AND CONDITIONS

(Last Updated April , 2025)

By accessing or using the services provided by Pro Floor and More Auctions ("Auction Company/Auctioneer”), including participation in auctions as a seller or bidder, you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any future updates posted on the auction website or otherwise made available to you. This Agreement becomes effective upon your first use of the services, including registering, bidding, listing items for sale, or otherwise engaging with the auction platform, and governs all interactions between you and the Auctioneer.

IMPORTANT NOTICE TO SELLERS AND BIDDERS: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE AUCTION PLATFORM, REGISTERING, PLACING A BID, COMPLETING A PURCHASE, CONSIGNING A SALE TO THE AUCTIONEER/AUCTION COMPANY, YOU ("USER") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF SALE. THIS CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE AUCTIONEER AND/OR AUCTION COMPANY. NO MODIFICATIONS TO THESE TERMS WILL BE ACCEPTED FROM BIDDERS OR SELLERS. THE AUCTIONEER RESERVES THE RIGHT TO UPDATE, MODIFY, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. ANY CHANGES WILL BE POSTED ON THE THE PRO FLOOR AND MORE AUCTIONS WEBSITE OR COMMUNICATED THROUGH YOUR REGISTERED EMAIL. PARTICIPATION IN AUCTIONS HELD BY PRO FLOOR AND MORE AUCTION, AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY FUTURE UPDATES, YOU MUST DISCONTINUE USE OF THE PRO FLOOR AND MORE AUCTIONS SERVICES AND REFRAIN FROM PARTICIPATING IN ANY AUCTIONS.

1. SERVICES AND FEES

1.1 The Pro Floor and More Auctions (“Auction Company”), directly or through authorized auctioneers ("Auctioneers"), agents, or service providers, agrees to provide auction-related services (“Services”) to Users, including but not limited to listing property for sale, bidding, account management, payment processing, and communication functions, subject to these Terms and Conditions. If a User requests any additional or custom services not generally offered through the auction platform, such services may be provided at the sole discretion of the Auctioneer and may require a separate written agreement outlining the scope, applicable fees, and any additional terms. Users are responsible for ensuring compliance with these Terms by anyone acting on their behalf, including employees, agents, or other representatives, and will be held accountable for any violations committed by such parties. The Services are provided solely for the lawful personal or internal business use of registered Users and may not be resold, sublicensed, or shared with third parties without prior written consent from the Auctioneer. Users must not use the Services in any way that violates applicable federal, state, or local laws or regulations, and no competitor or agent of a competitor may access or use the Services without express written permission.

1.2 AUCTIONEER AS PLATFORM OPERATOR ONLY.

The Pro Floor and More Auctions operates solely as an online marketplace and facilitator for connecting sellers and buyers. The Auctioneer does not take title to, physically inspect, or take possession of any item listed on the platform. All transactions are conducted directly between the seller and the winning bidder. The Auctioneer is not a party to the final sales transaction and assumes no liability for product condition, delivery, or fulfillment.

1.2 USER INFORMATION AND RESPONSIBILITIES.

Users acknowledge that the Auction Company/Auctioneer’s ability to perform its Services depends on the timely and accurate completion of all responsibilities and obligations required of the User under these Terms and Conditions. Additional fees may apply if the User requests custom modifications to standard auction procedures, documentation, or processes. Regardless of any other provision herein, the User is solely responsible for: (i) the accuracy, completeness, legality, and compliance with applicable Washington State and federal laws of all information, item descriptions, documentation, or data submitted to the Auctioneer or entered into the auction platform by the User or on their behalf; and (ii) the outcome and consequences of any instructions or directives given to the Auctioneer by the User or anyone acting on the User’s behalf.

1.3 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.

All intellectual property rights in the auction platform, related tools, services, and content provided by The Pro Floor and More Auctions (“Auctioneer”) or any third-party service provider (collectively, the “Auction Systems”), including all software, features, documentation, enhancements, and updates, shall remain the sole and exclusive property of the Auctioneer or the respective third-party provider from whom such rights are licensed. Any customizations, improvements, or modifications to the Auction Systems made in connection with the auction process shall also remain the property of their original owner. Users are granted a limited, non-exclusive, non-transferable right to access and use the Auction Systems solely for participating in auctions, subject to these Terms and Conditions. Users retain all ownership rights in any personal data or proprietary information they submit in connection with the use of the Services. Nothing in these Terms grants Users ownership of or rights to replicate or redistribute any aspect of the Auction Systems or the underlying technology.

1.4 FEES AND CHARGES.

For services performed by The Pro Floor and More Auctions (“Auctioneer”) under these Terms and Conditions, Users agree to pay all applicable fees as outlined in the auction listing, seller/consignor agreement, or as otherwise communicated in writing. Fees may include, but are not limited to, seller commissions, listing or setup fees, late payment fees, storage or removal charges, and administrative costs. The Auctioneer may also pass through any third-party charges incurred on behalf of the User, including payment processing fees, delivery or courier charges, taxes, and other service-related expenses. All fees are subject to change at the Auctioneer’s discretion and will be communicated to Users through the platform or in writing in advance of application.

1.5 STATEMENTS AND PAYMENT TERMS.

For services rendered by The Pro Floor and More Auctions (“Auctioneer”), including any listing, marketing, administrative, or special services not automatically deducted from sale proceeds, the Auctioneer may issue a reasonably detailed invoice to the Seller (or other responsible party), outlining the applicable charges and associated services. Payment is due in full within thirty (30) days of the invoice date unless otherwise agreed in writing. Any invoice amounts not paid within 30 days, excluding those subject to a bona fide dispute, will be subject to a late fee of 1.75% per month (or the maximum allowed by law), as well as any applicable collection costs, including reasonable attorney’s fees. In the case of a good-faith dispute regarding any portion of the invoice, the User must notify the Auctioneer in writing within fifteen (15) business days of receipt, specifying the nature of the dispute. Undisputed charges must still be paid on time. Both parties agree to work in good faith to resolve any disputed amounts promptly. The Auctioneer reserves the right to suspend services or withhold release of auction proceeds to any User with a delinquent account until outstanding balances are resolved. Fees are subject to change, and Users will be notified of any fee adjustments in advance.

2. WARRANTIES.

By registering for or participating in any auction facilitated by The Pro Floor and More Auctions, the User (whether acting as a seller or bidder) represents and warrants that they have the legal authority and capacity to enter into and comply with these Terms and Conditions on their own behalf and, if applicable, on behalf of any entity they represent; that all actions related to the auction have been duly authorized; that they have obtained all necessary rights, consents, and approvals to provide any property, materials, or information to the Auctioneer; that all items consigned for sale are lawfully owned or that the User has full authority to sell them free of undisclosed liens or encumbrances; and that all information or documentation submitted in connection with the auction is accurate, complete, and fully compliant with applicable federal, state, and local laws and regulations.

3. DISCLAIMERS.

The Auctioneer provides the auction platform, services, and any related tools, materials, or documentation without warranty of any kind, whether express or implied. To the fullest extent permitted by law, the Auctioneer disclaims all warranties, including but not limited to any implied warranties of title, merchantability, non-infringement, suitability, and fitness for a particular purpose, regardless of any prior course of dealing, trade usage, or communications. Users are solely responsible for determining the suitability of the auction services for their needs, and the Auctioneer shall not be liable for any consequences arising from such use. No employee or representative of the Auctioneer is authorized to offer legal or professional advice, and nothing in the services provided shall be construed as legal, financial, or other professional advice. Users are encouraged to seek independent legal or professional assistance if needed. The Auctioneer is not responsible for delays, errors, or omissions resulting from external data sources, third-party auction platforms, delivery systems, or governmental records. Additionally, the Auctioneer is not liable for the handling, disclosure, or use of any information that may include personally identifiable information provided by Users or sourced from third parties.

4. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRO FLOOR AND MORE AUCTIONS (“AUCTION COMPANY/AUCTIONEER”) SHALL NOT BE LIABLE TO ANY USER—WHETHER ACTING AS A BIDDER, SELLER, OR OTHERWISE—FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR DATA, ARISING OUT OF OR RELATING TO PARTICIPATION IN AN AUCTION OR USE OF THE AUCTION PLATFORM OR SERVICES. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF THE AUCTIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. ASSIGNMENT.

Neither these Terms and Conditions nor any rights or obligations arising under them may be assigned or transferred by any User without the prior written consent of the Auctioneer. The Auctioneer may assign or delegate its rights or obligations under these Terms, in whole or in part, to any affiliated entity or authorized service provider, provided that such assignment does not relieve the Auctioneer of its obligations to the User under these Terms.

6. PUBLICITY.

Neither the User nor the Auctioneer may use the other’s name, logo, trademark, or service mark in any advertising, promotional material, press release, or public announcement—whether in print, electronic, or online formats—without the prior written consent of the other party, except where such use is directly related to the execution or promotion of auction services under these Terms. However, the Auctioneer may include a business User’s name or logo on general client or seller reference lists, promotional materials, pick up slips, or case studies, unless otherwise requested in writing.

7. AUCTIONS.

All items offered for sale through any auction conducted by The Pro Floor and More Auctions (“Auction Company” or “Auctioneer”) are sold on behalf of the seller, but the Auctioneer is not the owner or agent of the seller and makes no representations or warranties regarding the condition, quality, authenticity, or fitness of any item offered. Each item (“Item,” “Property,” “Product,” or “Purchase”) is offered as-is, where-is, without warranty, and subject to these Terms and Conditions of Sale. These Terms, along with any specific terms included in the auction listing, website, or other posted materials, constitute the complete and binding agreement between the Auctioneer and all participants in the auction.

7.1 SALES TAX.

Applicable Washington State Sales Tax shall be applied to every winning bid. (Applicable Sales Tax Rate as of Date of This Agreement: 10.3%).

7.2 PAYMENT METHODS.

Payment must be made by CREDIT, DEBIT, or WIRE TRANSFER ONLY. Invoices over $5,000 must be paid by wire transfer. No checks or cash will be accepted.

(a) Buyers are required to submit payment within twenty-four (24) hours of the close of an auction. In most cases, payment will be processed immediately through the auction platform. All billings will be serviced by The Floor Trader of Tacoma. Your credit card billing will show Floor Trader of Tacoma on your credit card statement. If platform-based processing is delayed, the buyer must ensure payment is received or a wire transfer is initiated no later than twenty-four (24) hours after the close of the auction.

(b) If the total balance due is under $5,000 and no payment has been received within the stated time period, the credit card on file will be automatically charged for the full amount due.

(c) If items are located at or in the possession of the Auctioneer or the Seller/Consignor, the Buyer must arrange for pickup at the stated location within five (5) business days following the close of the auction. Failure to do so may result in the items being deemed abandoned and resold at the Buyer’s expense, with no further notice or refund due. Certain items may require additional time for fulfillment or shipping, particularly if sourced from out- of-state or third-party locations. Any such exceptions will be clearly noted in the item description, and the pickup or delivery window will be extended to seven (7) to ten (10) business days, as applicable.

7.3 BIDDING.

All bids must be submitted using the online bidding system. Bidders are responsible for confirming their bids for accuracy. Selecting the Review Bids function at any time may do this. Bidders will receive outbid notifications via email until the last day of the auction, after which time you must log in to the bidding site to confirm your bids. Auctioneer provides Internet bidding using a third-party bidding platform as a service to Buyer. Under no circumstances shall Buyer hold Auctioneer liable for system failures resulting in Buyer's bid not being properly submitted. This auction uses lot staggered closing times and dynamic bid closing. Similar items may be set in a "bid extension", and none of these lots will close until none has received bids for 2 minutes. Auctioneer reserves the right to add to, group, withdraw, or re-catalog items in this auction, as well as adjust minimum bids or reserve prices and extend or shorten closing times.

7.3.1 BUY NOW FEATURE.

Certain items offered at auction may include a “Buy Now” option. If a bidder elects to purchase an item using the "Buy Now" button, the lot will be immediately considered sold to that bidder at the stated Buy Now price. Upon confirmation of the purchase, the item and bidder will be withdrawn from the auction and the item will no longer be available for bidding. All "Buy Now" sales are subject to the same payment, pickup, and abandonment terms outlined in these Terms and Conditions as would be applicable in the event of a winning bid.

7.4 EXTENSION FEATURE.

This auction features an automatic bid extension on each lot. This feature will leave the bidding open for any item that has received a bid within the predetermined number of minutes from the last recorded bid time, even if the initial ending time has been reached. This feature has been added to eliminate sniping and to make the online bidding process more like a 'live' auction.

7.5 TIMED ONLINE AUCTION.

The auction company/auctioneer reserves the right to close a timed online auction before the scheduled time for any reason. In the instance that two bids are placed for the same amount, the bid that is confirmed first will take precedence. Timed Online Auctions are subject to extended bidding (also known as bid extension). Any bids placed within the nominated amount of time prior to the scheduled auction close time will extend the auction close time by a predetermined amount of time.

7.6 ITEM CONDITION AND DISCLAIMER.

All items offered for sale are sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS,” without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Auctioneer makes no representations or guarantees regarding the condition, quality, authenticity, description, functionality, or completeness of any item listed in the auction. Unless specifically described otherwise as “Off Goods,” all flooring products are considered first-quality. However, normal wear and tear to packaging, incidental scratches, or other minor cosmetic imperfections do not constitute grounds for rejection or return and shall be deemed acceptable and part of the expected condition of goods received via commercial shipping. Due to industry standards and product variability, bidders are strongly advised to purchase at least 10% over the required quantity of flooring materials to account for waste, cutting, and minor imperfections. Any slight damage to goods received shall be considered part of this expected overage, and no adjustments, refunds, or replacements will be issued for such conditions. All product information, including descriptions and photographs, is provided as a general guide and for reference only. While the Auctioneer makes commercially reasonable efforts to provide accurate information, it is the sole responsibility of the Buyer to verify the suitability and specifications of any item prior to bidding. The Auctioneer shall not be liable for any errors, omissions, or inaccuracies in listings, including but not limited to incorrect descriptions or images. On-site inspection is not available, and Buyers are encouraged to carefully review all listing details prior to placing a bid. Upon receipt, Buyers should inspect all items for accuracy in style, color, and quantity. The Auctioneer shall not be held responsible for any discrepancies that could have been identified through such inspection or for Buyer bidding errors under any circumstances.

7.7 ALL SALES FINAL.

A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns, or exchanges. A bid creates a direct contract between the seller and the buyer, not the Auctioneer.

7.8 WILL CALL OF WINNING BIDS.

Bidder will be notified of winning bids no later than the day after Auction closes. In a separate email following the payment, a release of lot notification will be sent to the winning bidder of the lot number, description, and location the material can be will-called at, along with the release number. The Supplier name, address, and will-call times will be on the release letter.

7.8.1 FULFILLMENT DISCLAIMER.

The Auctioneer does not handle or guarantee fulfillment or shipping. All materials will be made available for will-call pickup directly from the seller or designated third-party location. The Buyer assumes full responsibility for coordinating pickup, and transport. The Auctioneer is not responsible for delays, mis-delivery, or failure to fulfill by the Seller.

7.9 BUYER'S FAILURE TO PAY.

If the Buyer fails to remit full payment by the stated payment deadline, any items won at auction shall be deemed forfeited and may be considered abandoned by the Buyer. In such event, the Buyer will forfeit any right, title, or interest in the purchased items, and the Auctioneer may, at its sole discretion and in accordance with applicable law, retain, resell, or otherwise dispose of the items without further notice to the Buyer. The Buyer may also be prohibited from participating in future auctions, and the Auctioneer reserves the right to pursue any and all legal remedies available, including the recovery of damages, unpaid balances, administrative costs, and reasonable attorney’s fees associated with enforcement of this provision.

7.10 FAILURE TO REMOVE PURCHASES.

Any items not removed by the Buyer within the designated time frame stated in the auction terms shall be considered abandoned, and all rights, title, and interest in such items shall be forfeited by the Buyer without further notice. At that point, the Auctioneer may, at its sole discretion and in accordance with applicable law, dispose of, resell, or otherwise handle the unclaimed items. The Buyer shall remain liable for all costs incurred as a result of their failure to remove purchases, including but not limited to storage fees, removal fees, resale or disposal costs, administrative expenses, and reasonable attorney’s fees or collection costs incurred in enforcing these obligations.

7.11 REMOVAL.

The Pro Floor and More Auctions shall not be responsible for the conduct, performance, or negligence of any third party, including individuals or companies providing rigging, loading, transportation, or removal services, whether hired by the Buyer or otherwise. Buyers are solely responsible for removing their purchases within the posted time frames, and no items shall be released until payment has been received in full. Any item that cannot be removed by hand or with a hand truck must be removed by a licensed and insured rigging company, and proof of insurance must be presented prior to removal. Buyers who do not use a third-party rigging company must bring their own labor, tools, and packaging materials, and must present a paid invoice and government-issued identification at the time of pickup. To the fullest extent permitted by law, Buyers agree to indemnify and hold Pro Floor and More Auctions harmless from any claims, damages, injuries, or liabilities arising out of or related to the removal, transport, or handling of purchased items.

7.12 UNSOLD OR ABANDONED SELLER PROPERTY.

In the event that any consigned item remains unsold at the conclusion of the auction, the Seller shall have five (5) business days to retrieve the item or provide written instructions for future handling. If no direction is received within that period, the Auctioneer reserves the right to relist, dispose of, or return the item at the Seller’s expense. The Auctioneer shall not be liable for any damage or loss to unsold property left beyond the designated removal period. If the Seller chooses to remove unsold items, all removal, labor, transportation, and packaging costs shall be the sole responsibility of the Seller. Proof of identity and ownership may be required. The Auctioneer may assess reasonable storage fees for items left beyond the removal deadline.

7.13 NON-DELIVERY OF PURCHASED ITEMS.

The Auctioneer reserves the right to cancel, rescind, or void any sale at its sole discretion prior to the Buyer’s removal of the item from the premises, including in circumstances involving clerical error, misdescription, dispute, or other unforeseen issue. In the event that a purchased item cannot be delivered for any reason, the Auctioneer’s sole liability shall be limited to the refund of any amounts paid by the Buyer for that specific item. No claim, action, or liability of any kind—whether arising in contract, tort (including negligence), or otherwise—shall exceed the amount actually paid by the Buyer for the item in question. The Auctioneer shall not be liable for any incidental, consequential, punitive, or special damages, including lost profits or replacement costs, arising from non-delivery or cancellation of sale.

7.14 TECHNICAL DIFFICULTIES AND PLATFORM AVAILABILITY.

The Auctioneer shall not be responsible for any bids that are not received, recorded, or accepted due to technical issues, including but not limited to server interruptions, internet connectivity problems, device compatibility, software malfunctions, user error (such as incorrect login credentials), or other failures beyond the Auctioneer’s reasonable control. By participating in any auction, the User acknowledges and accepts that the use of the internet and third-party platforms involves inherent risks, and that the auction site or bidding system may be temporarily inaccessible, unstable, or disrupted without notice. In the event of technical problems affecting the auction platform, the Auctioneer may, in its sole discretion and without liability, take any of the following actions: (i) extend the bidding period for one or more lots; (ii) reopen bidding for a specified period of time; or (iii) cancel the affected auction and reschedule it, which may include nullifying previously completed transactions. To the fullest extent permitted by law, the Auctioneer and any seller shall not be liable for any losses, including lost profits, lost data, or other consequential or incidental damages, arising out of or related to any delay, interruption, or failure of the online auction platform. Time is of the essence in all transactions. Buyers are expected to complete all payments and removals within the deadlines stated in these Terms and Conditions.

7.15 USER CONDUCT POLICIES.

Users agree to conduct themselves in a respectful, lawful, and ethical manner when accessing or participating in any auction conducted by The Pro Floor and More Auctions. Any behavior that disrupts the auction process, undermines auction integrity, or infringes upon the rights of other participants is strictly prohibited. Prohibited conduct includes, but is not limited to: harassment, fraudulent bidding, bid manipulation (including shill bidding), defamatory or abusive language, attempts to interfere with the auction platform or software, and any conduct that violates applicable federal, state, or local laws. The Auctioneer reserves the right to monitor, investigate, and take any action deemed appropriate in response to violations, including but not limited to issuing warnings, suspending bidding privileges, permanently banning users from future auctions, reporting unlawful conduct to authorities, and pursuing any other legal or equitable remedies available.

7.16 RIGHT TO MONITOR AND EDIT CONTENT.

The Auctioneer reserves the right, but does not assume any obligation, to monitor, review, edit, remove, or refuse any content submitted, posted, or transmitted by users in connection with the auction platform. This includes, without limitation, bids, item descriptions, user comments, messages, or other communications. Such actions may be taken at the Auctioneer’s sole discretion and at any time, with or without notice, to preserve the integrity, security, and lawful operation of the auction process or to comply with applicable laws or third-party rights. The Auctioneer shall not be liable for any loss or damage resulting from its decision to remove, modify, or decline to post any content, or from its failure to take such actions.

7.17 BIDDER ELIGIBILITY REQUIREMENTS.

All bidders must be at least eighteen (18) years of age and capable of forming legally binding contracts under applicable law. By registering and bidding, you affirm that you meet these eligibility requirements.

7.18 REGISTRATION AND ACCOUNT SECURITY.

To participate in auctions, users must complete registration by providing accurate, current, and complete information. Users are responsible for safeguarding their login credentials and agree to notify the Auctioneer immediately if unauthorized access or account misuse is suspected. Auctioneer is not responsible for any losses due to compromised credentials or unauthorized use.

8. ABSENCE OF WARRANTIES.

All items offered for sale through any auction conducted by Pro Floor and More Auctions (“Auction Company” or “Auctioneer”) are sold on behalf of the seller, but the Auctioneer is not the owner or agent of the seller and makes no representations or warranties regarding the condition, quality, authenticity, or fitness of any item offered. Each item (“Item,” “Property,” “Product,” or “Purchase”) is offered as-is, where-is, without warranty, and subject to these Terms and Conditions of Sale. These Terms, along with any specific terms included in the auction listing, website, or other posted materials, constitute the complete and binding agreement between the Auctioneer and all participants in the auction. Buyers acknowledges and agrees that the condition of items offered for sale varies, and all items are sold strictly “AS-IS,” “WHERE-IS,” and “WITH ALL FAULTS.” Any descriptions, photographs, or samples provided by the Auctioneer are for identification purposes only and do not constitute a warranty or representation of any kind, whether express or implied. The Auctioneer makes no guarantees as to the quality, authenticity, quantity, condition, usability, merchantability, fitness for a particular purpose, salability, weight, measurement, year, model, mechanical condition, or performance of any item offered. Buyers, or their agents, are solely responsible for inspecting—or having the opportunity to inspect—the items prior to bidding or purchase, and the Auctioneer shall not be held liable for any discrepancies or assumptions made by the Buyer.

9. COMPLIANCE WITH WASHINGTON STATE LAWS.

All auctions and related transactions shall be conducted in accordance with the Revised Code of Washington (RCW) Chapter 18.11 and applicable sections of the Washington Administrative Code (WAC). In the event of a conflict between these Terms and Conditions and applicable state laws, the latter shall prevail.

10 WRITTEN CONTRACT WITH CONSIGNORS.

Required under RCW 18.11.130. All consignments or sales on behalf of third-party sellers shall be governed by a written agreement between the Auctioneer and the Seller outlining terms of acceptance, commission, and delivery. This contract will be maintained on record for a minimum of three (3) years in compliance with state law.

11. AUCTION RECORDS & RETENTION.

Required under RCW 18.11.140 and WAC 308-11-100. The Auctioneer will maintain all required records, including transaction histories, client correspondence, and payment records, in accordance with generally accepted accounting practices and as required under Washington law. All such records will be kept for a minimum of three (3) years.

12. TRUST ACCOUNT USE

Under RCW 18.11.230, any proceeds due to third-party sellers will be deposited in a dedicated trust account by the next business day following the auction, unless paid within 24 hours of the sale.

13. ADVERTISING REQUIREMENTS

To comply with RCW 18.11.210 all advertising materials published in print or online will include the Auctioneer and/or Auction Company’s name and Washington license number.

14. BIDDER RESTRICTIONS / BIDDING DISCLOSURES

To meet RCW 18.11.240 Auctioneer or agents will not place bids on behalf of the Auctioneer or Seller unless such bidding is disclosed prior to auction, and the name of the principal for whom the bid is placed is disclosed upon request.

15. RIGHT TO REFUSE SERVICE

Auctioneer reserves the right to refuse bidding access or service to any person for any reason consistent with applicable law, including but not limited to failure to comply with these Terms and Conditions or misuse of the auction platform.

16. AGREEMENT ACCEPTANCE

By registering for this auction and/or placing a bid, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

17. PAYMENT OF DEPOSITS.

The Auctioneer may require a refundable deposit prior to bidding on certain items or for participation in specific auctions. Deposits must be paid via an approved payment method. Deposits will be credited toward the final purchase price or refunded if no purchase is made, subject to any deductions allowed by these terms.

18. AUCTION CHANGES AND CANCELLATIONS.

The Auctioneer reserves the right, at its sole discretion, to postpone, cancel, or modify any auction or item at any time without prior notice. Bidders will be informed promptly of such changes via email or notices posted on the auction site.

19. LIMITATION OF LIABILITY.

Auctioneer shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your participation in an auction, including but not limited to loss of profits, data loss, bidding errors, or interruptions of service. Auctioneer’s liability is strictly limited to the amount paid by the Buyer for the specific auction item involved.

20. GOVERNING LAW AND DISPUTE RESOLUTION.

These Terms and Conditions shall be governed by and construed under the laws of the State of Washington. Any disputes arising from these terms or participation in the auction shall first be resolved through good faith negotiations. If unresolved, disputes will be subject to binding arbitration in the State of Washington, and both parties waive the right to trial by jury.

21. PRIVACY POLICIES.

Auctioneer respects your privacy. Please review our Privacy Policy separately provided on the third-party auction platform, outlining how the Auction Systems collect, store, and use personal data. By participating in our auctions, you consent to our use of your personal information and to the Privacy Policy set by the third-party Auction Systems.

22. INTELLECTUAL PROPERTY RIGHTS.

All website content, auction descriptions, images, logos, and trademarks displayed or utilized by the Auctioneer are proprietary property. Users may not copy, distribute, republish, or use any such materials without express written permission from the Auctioneer.

23. TECHNICAL DIFFICULTIES AND PLATFORM AVAILABILITY.

Auctioneer provides no guarantee of continuous, uninterrupted, or secure access to the online auction platform. Auctioneer shall not be liable for delays, disruptions, or technical failures caused by hardware, software, internet connectivity, or other factors beyond our reasonable control.

24. SEVERABILITY CLAUSE.

If any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall not be impaired or invalidated.

25. ENTIRE AGREEMENT CLAUSE.

These Terms and Conditions constitute the entire agreement between Buyer and Auctioneer regarding participation in the auction and supersede all prior communications, representations, or agreements, whether written or oral.

26. FORCE MAJEURE.

Auctioneer shall not be responsible for delays, cancellations, or failures in performing its obligations under these terms if such delays, cancellations, or failures are caused by circumstances beyond Auctioneer's reasonable control, including but not limited to natural disasters, severe weather conditions, pandemics, government actions, civil unrest, strikes, or interruptions in utility or communication services.

27. NO AGENCY OR FIDUCIARY RELATIONSHIP.

Nothing in these Terms and Conditions shall be construed to create any agency, partnership, joint venture, fiduciary, or employment relationship between the Auctioneer and any User. The Auctioneer operates solely as an independent service provider.

28. INDEMNIFICATION.

Users agree to indemnify, defend, and hold harmless The Pro Floor and More Auctions, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: (i) any breach of these Terms; (ii) any dispute between Buyer and Seller; (iii) any listing content or product information provided by User; or (iv) any violation of applicable law.

29. CONTACT

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us in writing at: Pro Floor and More Auctions, PO Box 110938, Tacoma WA. 98411, United States, Email: [email protected]