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TERMS AND CONDITIONS

LEGAL AGREEMENT

A "User" shall be entitled solely to those privileges explicitly set forth in this Agreement, in consideration for acceptance of this Agreement.

TERMS

This User Agreement is effective upon receipt and acceptance of a User Application Form by FreeFlow and their client and shall continue until either the User or FreeFlow and their client terminates the Agreement. Upon written notice to the other party, either party may terminate this Agreement for any reason with a notice period of four (4) weeks prior to the end of a calendar month. The User agrees that FreeFlow and their client, in their sole discretion, shall have the right to suspend or terminate a User's access to this marketplace or any FreeFlow powered marketplace at any time for any breach of this Agreement or of any other Agreement to which FreeFlow and the User are parties, and that FreeFlow shall not be obligated to disclose the specifics of such breach to the User. Suspension or termination of the User's access to the marketplace is sufficient notice of suspension or termination of this Agreement.

Payment must be received in advance. Failure to pay will result in immediate cancellation of website access and users will be removed from all future auctions. Freight is the responsibility of the buyer. If a member is successful in securing product on a FreeFlow powered marketplace, the stock must be sold without warranty and advertised in the condition in which it was purchased. FreeFlow may also publish a list of companies and regions where stock cannot be advertised or sold. Users will be given a detail listing by name or country where these restrictions apply. Users need to confirm in writing acceptance of these regions and country restrictions.

All inventory advertised on SmartphoneExcess.com will have a reserve price assigned to it. This will enable the bidding party to ascertain what the minimum expected recovery is on certain items.

Bids have to match or exceed the reserve to guarantee that SmartphoneExcess will release the stock.

If bids do not match or exceed the reserve SmartphoneExcess reserve the right to award the stock to the highest bidder within 48 hours of the auction closing.

Inventory levels may move slightly and SmartphoneExcess reserve the right to allocate the stock based on the level of inventory remaining when the auction closes.

Buyers can enter a maximum bid on the auctions available on SmartphoneExcess.com which ensures that buyers can re-bid automatically when their initial bids are exceeded. Inventory levels may move slightly and BlackBerry reserve the right to allocate the stock based on the level of inventory available when accepting a bid.

Please note the Manufacturer's Warranty is not provided with any of the products purchased through any FreeFlow marketplace unless otherwise stated.

For stock that ships outside of Canada export documentation must be provided in order to comply with Canadian tax rules.

Freight forwarder details must be submitted for your order once a successful bid has been invoiced to you. These freight forwarder details will be used by the supplier for each order for you unless you inform us of a change.


ACCESS AGREEMENT

This Agreement is not a transfer or a license of any of FreeFlow's rights. By accessing the FreeFlow powered private marketplace, Users expressly acknowledge acceptance of the terms of this Agreement. Users agree that FreeFlow has the right to deny any individual access to a FreeFlow powered private marketplace. Unauthorized access to any FreeFlow powered website is expressly forbidden. FreeFlow and its associated platforms are protected under Copyright Laws.

Any reproduction or distribution of this Website information, by, for, or to any third party, is expressly forbidden.

CONFIDENTIAL DISCLOSURE

User understands and agrees that information disclosed on the FreeFlow powered marketplace may include trade secrets and proprietary information belonging to FreeFlow. User agrees not to copy or disclose to third parties, in whole or in part, any portion of the information and the software. User also agrees that all Usernames and Passwords supplied to the User are non-transferable and may only be used by parties registered under those Usernames and Passwords. The provisions of this Confidential Disclosure section shall survive the termination of this Agreement.
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DISCLAIMER

FreeFlow assumes no liability for losses incurred in the use or application of the software or the data contained therein and shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, arising out of the sale, service, furnishing performance or use of any information, data or materials sold or provided under this Agreement. The provisions of this Disclaimer section shall survive the termination of this Agreement.

ADDITIONAL NOTES ON SHIPPING AND RESALE
  • Buyer acknowledges and agrees that if Buyer fails to pick up the Bided Products within three (3) Business Days of the Shipment Date of such Bided Products, BlackBerry/FreeFlow may in its sole discretion, cancel the Order for all or a portion of the Bided Products and bill Buyer for any restocking, storage and other fees.
  • Buyer shall validate each shipment of Bided Products against attached packing slips for accuracy of items and quantities promptly upon receipt and notify BlackBerry immediately of any discrepancy between the attached packing slip and the shipment upon discovery of any nonconformity. Failure of Buyer to notify BlackBerry of any such nonconformity within seven (7) Business Days of the Shipment Date shall be deemed to constitute acceptance of the shipment
  • Buyer must ensure that : (a) all batteries that are to be provided and/or used with Products be of OEM (i.e. BlackBerry) grade and quality only; and (b) prohibit any Product being sold with an aftermarket battery that excludes a safety chip;






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