These Terms of Service govern your access to and use of GearBidHub.com, including any auctions, listings, purchases, bids, sales, invoices, payment processing, pickup, shipment, or related services offered through the website. By creating an account, placing a bid, making an offer, purchasing an item, consigning an item, listing an item, or otherwise using GearBidHub.com, you agree to these Terms.

If you do not agree to these Terms, do not use GearBidHub.com.

1. Parties

“GearBidHub,” “we,” “us,” and “our” refer to GearBidHub.com, its owner, operator, affiliates, agents, contractors, representatives, and assigns.

“Buyer,” “you,” and “your” refer to any person or entity using GearBidHub.com to view, bid on, purchase, receive, or attempt to purchase any item.

“Seller” refers to GearBidHub and/or any consignor, owner, vendor, or third party offering goods for sale through GearBidHub.com.

2. All Sales Are Final

ALL SALES ARE FINAL.

Except for the limited DOA exception expressly stated in these Terms, all items sold through GearBidHub.com are sold on a final-sale, non-cancelable, non-returnable, non-refundable basis.

By placing a bid, submitting an offer, clicking “buy,” paying an invoice, or otherwise agreeing to purchase an item, Buyer acknowledges and agrees that:

1. Buyer has had the opportunity to inspect the item, request additional information, review photographs, review the item description, and determine suitability before purchase;
2. Buyer is not relying on any oral statement, informal comment, assumption, expectation, or representation not expressly stated in the written listing;
3. Buyer accepts all risk regarding the condition, functionality, compatibility, completeness, suitability, value, legality of use, installation requirements, and resale value of the item;
4. Buyer may not cancel the transaction because of buyer’s remorse, mistake, misunderstanding, changed circumstances, lack of compatibility, inability to use the item, shipping cost, installation cost, missing accessories not expressly listed, or a later determination that Buyer no longer wants the item.

3. AS IS / WHERE IS / WITH ALL FAULTS

ALL ITEMS ARE SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.”

To the fullest extent permitted by law, GearBidHub and Seller disclaim all warranties, whether express, implied, statutory, oral, written, or otherwise, including but not limited to:

1. Any implied warranty of merchantability;
2. Any implied warranty of fitness for a particular purpose;
3. Any warranty of title, except as expressly required by law;
4. Any warranty of non-infringement;
5. Any warranty that an item is complete, operational, repairable, compatible, authentic, calibrated, certified, compliant, current, safe, or suitable for any particular use;
6. Any warranty arising from course of dealing, course of performance, usage of trade, description, photograph, prior communication, or sample.

Descriptions, photographs, specifications, manufacturer names, model numbers, part numbers, quantities, categories, and condition notes are provided for general identification only and are not warranties. Buyer is solely responsible for verifying all information before purchase.

4. Limited DOA Exception

The only exception to the final-sale policy is for an item that qualifies as DOA — Dead on Arrival under this section.

An item is DOA only if all of the following are true:

1. The listing expressly represented the item as functional, working, tested, or operational;
2. The item fails to power on or perform its most basic represented function immediately upon receipt;
3. Buyer notifies GearBidHub in writing within 48 hours after delivery or pickup;
4. Buyer provides clear written documentation, photographs, video, serial numbers, packaging photographs, and any other evidence requested by GearBidHub;
5. Buyer has not opened, modified, repaired, altered, installed, disassembled, programmed, configured, damaged, resold, transferred, or used the item beyond basic initial testing;
6. The alleged defect is not caused by shipping damage, misuse, improper installation, missing external components, incompatible systems, buyer error, improper power, software, firmware, licensing, consumables, calibration, batteries, cables, accessories, configuration, or conditions not expressly warranted in the listing.

The DOA exception does not apply to items listed as untested, used, salvage, for parts, repair-only, non-working, incomplete, unknown condition, liquidation, surplus, recycle, scrap, open box, customer return, or any similar description.

5. Seller’s Sole Discretion on DOA Claims

GearBidHub has the sole right to determine whether an item qualifies as DOA. Buyer must cooperate with any investigation.

If GearBidHub determines that a valid DOA claim exists, Buyer’s sole and exclusive remedy will be one of the following, selected by GearBidHub in its sole discretion:

1. Repair;
2. Replacement, if available;
3. Store credit;
4. Refund of the purchase price actually paid for the item, excluding shipping, handling, buyer’s premium, transaction fees, taxes, insurance, storage, labor, installation, removal, travel, lost profit, or incidental costs.

No refund or credit will be issued until the item is returned, inspected, and confirmed by GearBidHub to be the same item sold, in the same condition as delivered, with all included components.

Buyer is responsible for return shipping unless GearBidHub states otherwise in writing.

6. No Returns for Compatibility, Condition, or Missing Accessories

No return, refund, cancellation, chargeback, credit, or price adjustment will be allowed for:

1. Buyer’s failure to inspect;
2. Buyer’s failure to read the listing;
3. Buyer’s mistake or buyer’s remorse;
4. Cosmetic condition or normal wear;
5. Missing manuals, cables, brackets, software, licenses, batteries, keys, passwords, mounting hardware, accessories, or packaging unless expressly included in the listing;
6. Incompatibility with Buyer’s equipment, software, facility, power, network, or intended use;
7. Shipping cost, shipping delay, tax, fees, or pickup inconvenience;
8. Any issue discoverable by reasonable inspection before purchase.

7. Payment

Full payment is due within the time stated in the invoice or acceptance notice. GearBidHub accepts payment methods listed at time of sale. Title does not transfer until payment is received in full and cleared.

8. Shipping & Pickup

Buyer is responsible for all shipping costs unless otherwise agreed in writing. Risk of loss passes to Buyer upon delivery to the carrier. GearBidHub is not responsible for damage, loss, or delay in transit.

9. Limitation of Liability

To the maximum extent permitted by law, GearBidHub’s total liability to Buyer for any claim arising out of or related to any item, transaction, or these Terms shall not exceed the actual purchase price paid for the specific item giving rise to the claim.

GearBidHub is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind.

10. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute shall be brought exclusively in the state or federal courts located in Brazos County, Texas.

11. Modifications

GearBidHub may update these Terms at any time. Continued use of GearBidHub.com after an update constitutes acceptance of the revised Terms.