Terms & Conditions for Spigen Employee Auction

This is a legal agreement between you, as a buyer, and The SITE OWNER or Spigen Inc.

You must be at least 18 years old to bid.

Spigen Inc. (hereinafter referred to as Spigen) at its sole discretion, may ban from further use any buyer which Spigen believes to have failed to abide by the terms, or conducted any improper auction behavior as determined solely by Spigen. Any buyer who improperly fails to carry through with a purchase may be banned from any further use and may be subject to additional legal actions.

ALL ITEMS on the auction sell subject to the Spigen’s acceptance or rejection of the high bid.

How REGULAR BIDDING Works:

Participation in the Spigen auction is usually available beginning on your first day of work at Spigen. The HR department will register you for an account for the auction site, and this account information will be given to you during new employee orientation. It is your responsibility to change the password to your account immediately after you receive your account information to ensure security. 

Spigen auction occurs roughly once every week, but exact frequency and dates are subject to item availability and other factors. The minimum bid is $1, and bidding goes up in increments of $1.

How AUTOMATIC BIDDING Works: (also known as: max bid, auto bid or proxybid)

Automatic Bidding (auto bid) option makes bidding convenient allowing you to enter the maximum bid amount that you are willing to bid on an item.

Spigen or other bidders do not have access to see your auto bid amount. You are the only person that can see your auto bid amount. You can see your maximum bid amount on the item page after you have placed the bid.

You can place an auto bid by manually entering the amount you wish to bid in the blank and click “Bid.”. Once you press Bid, a pop-up window will open to confirm your entry amount.

Example:

Your auto bid will not “jump” to the maximum amount. The auto bid will increment up only with competing bids until either the item completes with you as the high bidder, or until your auto bid has been exceeded by another bid. You will be notified on the website as well as via email if you have been outbid.

If another bidder already has an auto bid in place when you place your auto bid, you will either 1) be notified that your bid failed, because the existing auto bid is higher or if you successfully place a bid that is higher, 2) be notified that you are winning.

It is advised that you place your auto bids carefully, as they cannot be modified lower or canceled after they have been placed for any reason, including but not limited to accidental bidding, system error, change of mind, and/or others. Once you confirm and place the entry, the maximum amount that you bid is your sole responsibility.

Terms: All items sell AS IS – WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS – WHERE IS WITH ALL FAULTS basis. No bids can be withdrawn after the auction for any reason. BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Spigen or Seller for any errors.

Receiving the items: Once the winner is determined, the winner of the auction will receive an invoice. Upon receipt of the invoice, the payment must be made within 5 calendar days. Upon payment, the item must be picked up within 5 calendar days. If the winner does not complete the payment or pick-up within the stated time frame, Spigen can decide to choose an alternate winner.

Spigen’s Right to Terminate Purchase. If for any reason Spigen is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Spigen may terminate the purchase/agreement, in which case Spigen.’s only liability shall be the return of any monies actually paid by buyer.

The BUYER expressly agrees to indemnify and save Spigen and their assignees harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney’s fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Spigen, or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Spigen for damages caused by or resulting from the Spigen.’s sole negligence.

Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.

DISCLAIMER OF WARRANTY AND RELEASE

You expressly agree that use of this Web site is at your sole risk. Neither Spigen Inc., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.

The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice.

Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

 In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

LIMITATION OF LIABILITIES

YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.