Your use of our Internet sites or any of the products or services offered on those sites (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make. We post and publish merchandise information and product descriptions on our website about customer returns, overstocks, out of season goods, closeouts, liquidations and store stock deal offerings .This information is received from outside sources beyond our control. While we believe this information is accurate, we can not guarantee it's accuracy.

Therefore, customers should when ever possible, visit the warehouse and inspect the merchandise and inventories before submiting their order. By submitting your order on our website, we will consider and acknowledge that you are familiar with the merchandise, have previously inspected the merchandise or waive your responsibility and right to inspect the purchased merchandise with all it's faults, if any and accept the purchased goods in "as is" condition. Buying Closeouts,salvage, liquidations and customer returns is not for everyone.Testimonials are not representative. Results vary.There is a substantial risk of loss associated with buying "as is" merchandise.

  WHAT WE DO...The merchandise we sell is mostly store returns salvage. There are no real fixed percentages of working or non-working merchandise as people tend to return items for various reasons...not all of which are because of damage or defects. No two loads are alike and nobody offers any guarantees. Some loads are absolute homeruns while others are out and out stinkers. ALL LOADS ARE SOLD "AS IS" where is - NO GUARANTEES. Some loads are manifested others are not. Buyer accepts all risks and liability.
Buyer must not disclose that the goods came from a particular store chain or source
Products purchased are "AS IS" and may be damaged, defective or used.
No express or implied warranties or guarantees on products
Buyer must remove all previous retail identification marks
Buyer is responsible for all freight and shipping costs.
Buyer is required to submit resale certificate, where applicable
All sales are subject to our posted "Terms of Sale".
All sales are final .There is a considerable degree of risk involved in the salvage, closeout and customer return business, in part because of the condition and unmerchantability of some products. You should not purchase our merchandise unless you feel comfortable that you understand and accept the degree of risk involved.

If you feel the risk in purchasing any inventory without a physical inspection of the merchandise is too great, we will arrange a visit for you to the location where the merchandise is staged for shipping.
 As stated below, we do not make any express or implied warranties with respect to salvage products. Our "as is" merchandise may be damaged, defective or broken.  FOR ALL PRODUCTS THERE ARE NO EXPRESS WARRANTIES AND/OR GUARANTIES PROVIDED AND ALL IMPLIED WARRANTIES AND/OR GUARANTIES ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.....................................................................


Refusal or Rejection of Shipment Delivery...
The buyer is required to cooperate in the prompt unloading of cargo from the delivery truck and to take receipt of merchandise delivered. Trucking companies generally give two (2) hours free time for unloading of trailer, after which they charge $50.00 per hour detention charge. This detention time payment is the responsibility of the buyer and shall be paid.
In the event that the purchased cargo is refused or rejected by the buyer at the point of delivery and the delivery truck leaves the “ship to address” location as noted on the order, then the goods shall be deemed abandoned and the seller or the trucking company shall keep all goods refused or not accepted by the buyer. The seller or the trucking company may dispose of the goods as they feels fit to compensate for the expense and extra efforts involved. There shall be no refund or credit to be issued for refused or rejected goods. All detention charges, additional freight charges and disposal charges are the responsibility of the buyer and shall be due and payable at the time of presentation of an invoice..
 
Content On Our Sites
Our sites include a combination of content that we create, that our partners create and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part. All features,product descriptions,pictures,offers,prices,services and terms and conditions are subject to change without notice.We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: Restrict, suspend or terminate your access to all or any part of our Services; Change, suspend or discontinue all or any part of our Services; Refuse, move or remove any material that you submit to our sites for any reason; Refuse, move, or remove any content that is available on our sites; Establish general practices and limits concerning use of our sites .You agree that we will not be liable to you or any third party for taking any of these actions.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
We do not guarantee the accuracy, integrity or quality of the content on our sites. You may not rely on any of this content, including, but not limited to, product reviews, white papers, product descriptions or manifests. Without limitation, we are not responsible for postings by users in the user opinion, message board or feedback sections of our sites. Our sites also contain information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary. You may be exposed to content that you find objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.  In no event shall AAA CLOSEOUT LIQUIDATORS and BOHM ENTERPRISES LTD be liable for injury or damage to business, profits, revenues or goodwill or for any special, consequential, or incidental damages, however caused, whether for breach of warranty, breach of contract, repudiation of contract, termination, negligence, or otherwise, even if it shall have been advised of the possibility of such damages.

Your Use of Third Party Sites
Our sites may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site.
Public notice:
All freight brokers, non-vessel operating carriers, ocean transport intermediaries, freight, trucking and shipping companies shall maintain a minimum of $950,000 insurance coverage for each occurance and shall indemnify and hold Bohm Enterprises ltd. harmless from all liability, losses, damages, legal fees and any related expenses and costs that may occur during transport of goods. Such insurance coverage shall name Bohm Enterprises Ltd, its subsidiaries, affiliates, directors, officers, and employees as additional insured’s with respect to liability, or any claims of liability, arising out of the work or services performed by Seller that affords the additional insureds that same coverage as if the additional insureds were the named insured. By shipping and transporting merchandise for and in behalf of Bohm Enterprises Ltd, you hereby agree to this requirement.

We do not sell, resell or license any of the products or services on third party sites or products, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.

Privacy Policy
All of the information that we collect from you, such as registration and personal information, is subject to our privacy policy.

Your Conduct On Our Sites
If we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Account termination or legal action maybe taken in of abuse cases.

The technology, software, and data underlying our sites and the Services is the property of AAA closeout liquidators and Bohm Enterprises Ltd., our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
   
2. Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
   
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
   
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
   
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
   
6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
   
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
   
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
   
9. COLLECT, STORE OR TRY TO GAIN ACCESS TO PERSONAL INFORMATION ABOUT OTHER END USERS, CUSTOMERS, SUPPLIERS OR ENTITIES THAT HAVE USED THE SITE;
   
10. USE DATA ABOUT END USERS, CUSTOMERS, SUPPLIERS FROM THIS SITE FOR PERSONAL GAIN;
    
11. Interfere with or disrupt our sites, servers or networks;
    
12. Impersonate any person or entity, including, but not limited to, a AAA closeout liquidators and Bohm Enterprises Ltd. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    
13. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;
    
14. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
    
15. Engage in any illegal activities

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum. 

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by AAA closeout liquidators and Bohm Enterprises ltd.  for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.

Indemnification
By using and/or ordering from this website, you hereby agree to indemnify, defend and hold AAA closeout liquidators and Bohm Enterprises ltd. , and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors (collectively, the "AAA closeout liquidators and Bohm Enterprises ltd.  Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by AAA closeout liquidators and/or Bohm Enterprises ltd.   in connection with any claim including, but not limited to any inaccuracies on our site, claims for defamation, customer's dissatisfaction in regards to the sale or quality of any merchandise received , violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

1. Your use of our sites;
   
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
   
3. The content, quality or performance of content that you submit to our sites;
   
4. Your connection to our sites;
   
5. Your violation of these Terms; or
   
6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Disclaimers
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration
AAA closeout liquidators and  Bohm Enterprises ltd.  May at their sole option elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association located in NY, NY. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of AAA closeout liquidators and Bohm Enterprises ltd. (or its agents, suppliers, and subcontractors) pending the completion of arbitration. In case of any dispute or disagreement between us, you agree that by accessing, submiting an order, visiting and/or using our website, you confirm that the Venue for any court or arbitration hearings, conferences or litigation will only be New York, N.Y.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or our terms or your purchase of any merchandise from us must be filed within one (1) year after such claim or cause of action first arose or be forever barred. By using this site or submitting your order to us, you hereby agree that you will not request a trial by jury for any dispute between us and hereby KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY.

These Terms, including our posted "terms of sale", conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and AAA closeout liquidators and Bohm Enterprises ltd.  and govern your use of our sites and all your purchases from us, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel if seeking interim or preliminary relief or enforcement of an arbitration award.

International Shipping

AAA Closeout Liquidators and Bohm enterprises ltd. assumes No Responsibility for orders shipped to foreign countries. When you place your order with us, you are assuming all liability, Risks for Lost, Stolen, Delayed, Damaged or Impounded merchandise. It is your responsibility to check with your Customs office to see if your country permits the shipment of our products to your country. When you place your order, you are Agreeing to these Terms and Conditions. All merchandise is sold "EX WORKS" :the warehouse from where the merchandise is being shipped from (POINT OF ORIGIN). (The title to goods passes to the buyer when they leave the vendor's dock and consequently at that point the liability for loss or damage and the expenses of shipment also pass from vendor to buyer.) Buyer is solely responsible to secure his goods in the shipping container before it departs from the shipping point. Buyer will block and brace all pallets in shipping container to make certain that the goods do not shift or get damaged while in transit. Buyer further agrees to defend, indemnify and hold seller harmless from all claims, liability or damages incurred while the goods are in transit. In case of paint spills during transit or at the port, all clean up costs and related expenses are the sole responsibility of the buyer. Please be aware that you are responsible for all shipping costs,handling expenses, risk of loss or damage, insurance costs,  customs, duties and local taxes for importing goods into your country. Inasmuch as all merchandise is sold to you  "EX WORKS"-USA shipping point, any Loss, damages in transit, or Shortages must be indicated on the carrier's BOL and YOU must file a claim with the freight carrier. Please keep in mind, we only set up shipping as a courtesy and convenience to you and all claims must be directed to the freight company or shipping line and not to us. 

We encourage and urge all customers to purchase freight insurance for their shipment while it is in transit from the shipping point to your final destination. Unless you specifically ask us for freight insurance, we will assume that you have purchased freight insurance privately in your own country or you do not want to incur the additional cost for insurance and have decided to self insure your shipment. Therefore, your shipping cost as shown on the invoice will not include any insurance coverage unless you ask for it in writing.
Laws are different in every country and we cannot monitor them all. It is your responsibility to check with your Customs office to see if your country permits the shipment of our products to your country.
If the cargo is lost, damaged, stolen or your shipment is seized by Customs - for any reason we will Not issue you a refund or credit. If we get cargo back after being seized, you are still responsible for all shipping charges and expenses.
You are responsible for any duties or taxes that may apply.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

 By using this Web Site or buying merchandise or services from Bohm Enterprises Ltd. and AAA Closeout Liquidators, our customers agree to be bound by our terms of use as stated on this page as well as our terms of sale page and any revisions thereof, and should therefore periodically visit this page and our terms of sale page to determine the then current terms to which our custumers  are bound.

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