GE Appliances Terms of Purchase of Salvage
Last Updated: November 2024
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This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration to resolve disputes, rather than jury trials.
- Agreement
- By registering with B-Stock Solutions, LLC (“B-Stock”) for access the Haier US Appliance Solutions, Inc., dba GE Appliances’ (“Company” or “GE Appliances”) marketplace hosted and configured by B-Stock (the “GE Appliances Marketplace” or "Site"), you agree to register with GE Appliances as an As-Is Dealer (“Dealer”) to purchase, and subsequently resell, after all required safety checks and functional repairs as required herein, uncrated, damaged and/or used Company branded major appliances including GE® Series, Hotpoint®, Haier®, GE Profile™ Series, and GE Café™ Series (individually and/or collectively “As-Is Product”) in accordance with the terms and conditions set forth in this As-Is Dealer Agreement (“Agreement”),as may be modified from time-to-time by Company. If we make material changes to these Terms of Purchase, we will notify you with an in-app message, by email, or by means of a notice on our Site. The most current version of these Terms of Purchase will supersede all previous versions and can be reviewed by clicking on "Terms of Purchase" located at the bottom of the pages of the Site. Your continued use of the Site following the posting of changes indicates your agreement to and acceptance of the changes. We will indicate the date on which these Terms of Purchase were last changed at the beginning of these Terms of Purchase. You agree to keep your email address and other contact information current at all times. This Agreement does not contemplate or provide for renewal options exercisable by either party. Provisions of this Agreement shall govern all transactions between the Company and the Dealer. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. You may not use the Site if you do not have such authority. By checking the “I agree to the Terms of Purchase” box, you accept and agree to be bound by these Terms of Purchase each time you log into the Site. If you do not agree to these Terms of Purchase, you will not be authorized to bid on or purchase As-Is Product from GE Appliances on the Site. You may preserve this Agreement in written form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
- The term of this Agreement shall begin upon acceptance of these Terms of Purchase and shall end one year from such date. The provisions of this Agreement shall govern contracts and transactions between Company and the Dealer throughout the term regarding Salvage Product and shall prevail over any contrary provisions in any documents utilized by the Dealer with the Company. This Agreement specifically pertains to the purchase of Salvage/scrap loads for part harvesting purposes, as outlined herein.
- This Agreement is non-exclusive and non-assignable. The Dealer’s resale of parts harvested from Salvage Product is limited to end-use consumers, and all other resale of Salvage Product as complete units is expressly prohibited. All obligations assumed hereunder by the Dealer shall be accomplished by the Dealer or its employees and shall not be assigned or subcontracted to any other entity. The parties do not, by virtue of this Agreement, intend to create any type of franchise relationship. The Dealer, its agents, and employees shall in no circumstances be deemed agents, representatives, or employees of the Company, and the Dealer shall have no right to enter into contracts or commitments in the name of or on behalf of the Company, or to bind the Company in any respect whatsoever.
- The Company reserves the right to sell Salvage Product to such other person(s) as it may independently determine in its sole discretion, wherever located, at wholesale, retail, or otherwise. The Dealer reserves the right to deal in such other lines of product or brands as the Dealer determines. The Dealer’s appointment is not transferable by operation of law, sale of the Dealer’s business, or otherwise, without the written consent of the Company. The Dealer acknowledges that no fee or monetary consideration has been paid, directly or indirectly, by the Dealer to the Company for this Agreement or the rights or privileges related thereto. No property right or interest is sold, assigned, or transferred to the Dealer under this Agreement. The Dealer may continue to enjoy such rights and privileges and related benefits only as long as the Dealer continues to fulfill its responsibilities under this Agreement as may be supplemented from time to time. Such Agreement, rights, and privileges are applicable and of value to the Dealer only while this Agreement shall continue in effect in accordance with its provisions.
- This Agreement is limited to the Dealer’s operation only under the business name specified in this Agreement. The Company will only deliver its Salvage Product to the Dealer at such Authorized Store Location(s) or the Dealer’s warehouses serving such Authorized Store Location(s). The Company will also make its Salvage Product available for pickup by the Dealer at the Company warehouses that are assigned by the Company to serve the Dealer. The Dealer agrees not to display, promote, demonstrate, or sell Company products from any store location or Internet site that is not authorized by the Company.
- The Dealer agrees not to export any Salvage Product or parts harvested from Salvage Product outside the contiguous 48 United States, nor to sell to any purchaser who, directly or indirectly, exports any Salvage Product or harvested parts outside the contiguous 48 United States, except for export sales specifically authorized in writing by the General Manager, Retail Sales of the Company.
- The Dealer agrees not to sell parts harvested from Salvage Product over any "television home shopping sales format," as defined herein, unless previously approved in writing by the Company’s General Manager, Retail Sales. A "television home shopping sales format" is defined as the offering of harvested parts for sale over the telephone through a broadcast medium, whether a home shopping network, program, or advertisement, in which the purchaser calls a number shown in such home shopping network, program, or advertisement to purchase the harvested parts.
- Procedures
- The Dealer expressly acknowledges that Salvage Product consists of units intended for part harvesting and may come in any condition. These units may include those with significant wear, damage, or other defects that render them unsuitable for resale as complete products. The Dealer understands that these units are provided as scrap units for the purpose of part harvesting, and no representations are made regarding their functionality or appearance.
- The Dealer agrees that any parts extracted and subsequently resold must be clearly disclosed as originating from a Salvage or scrap product. This disclosure must be included in all sales listings, advertisements, and communications with potential buyers to ensure transparency regarding the part's origin.
- Parts harvested from Salvage Products are not permitted to be sold on Amazon.com. Dealers agree to comply with this restriction and any other platform-specific rules.
- The Dealer shall not refuse any shipment from the Company for Salvage Product purchased by the Dealer through the designated sales platform.
- GE Appliances will deliver, or cause to be delivered, Salvage Product to the Dealer in truckload quantities (up to a 53’ truck). In most instances, trucks used by GE Appliances will not be able to perform tailgate delivery.
If any listing on the GE Appliances Marketplace included a manifest of units and the manufacturer’s suggested retail price (“MSRP”) of the units that were to be included in the relevant shipment (“Total Product MSRP”), Dealer shall have five (5) business days from the date of receipt of goods from GE Appliances to inspect the shipment for any discrepancies between the shipment and manifest and report such discrepancy in writing to GE Appliances. GE Appliances has no responsibility to provide any other Products to Dealer in such circumstances or to replace any Products that may have been included in the manifest but were not delivered; for clarity, this provision applies only in shortage situations. Dealer expressly agrees by the terms of this Agreement to accept all Products in their current scrap condition.
- Preparing As-Is Product for Part Harvesting
- Preparing Salvage Product for Part Harvesting
- Prior to part harvesting, the Dealer shall inspect all As-Is Salvage Product to determine suitability for part harvesting.
- The Dealer agrees that any parts extracted and subsequently resold must be clearly disclosed as originating from an Salvage or scrap product. This disclosure must be included in all sales listings, advertisements, and communications with potential buyers to ensure transparency regarding the part's origin.
- GE Appliances shall have no responsibility for any Salvage Product that is non-functional or severely damaged. The Dealer acknowledges that all Salvage Product, and the parts harvested from said product is sold "as-is" with no warranties, express or implied.
Once all parts have been removed from the Salvage Product, the Dealer shall dispose of the remaining pieces in compliance with all applicable federal, state, and local environmental, landfill, and waste management laws, rules, and regulations. This includes the proper removal and handling of refrigerants and any other hazardous materials. This includes providing a letter to GE Appliances from the shredder or other company that receives the scrap product, certifying that the disposal or recycling complies with all applicable federal, state, and local laws related to the disposal or recycling of such products and refrigerants.
- Preparing Salvage Product for Part Harvesting
- Pricing
- The price to Dealer of any Salvage Products will be billed by B-Stock at the price identified at the time of the applicable auction close.
- Dealer shall provide Company and B-Stock a valid resale sales tax certificate containing a retailer registration number issued pursuant to the sales and use tax laws of the state (and local taxing jurisdiction if applicable) in which Company delivers Salvage Product to Dealer.
- Purchase Terms
- Dealer agrees to pay for all Salvage Product (plus any applicable state and local sales tax) if Dealer fails to provide Company and B-Stock a valid resale sales tax certificate(s) in strict accord with the terms and conditions of this Agreement and with the terms of any agreement between B-Stock and Dealer.
- Dealer agrees to provide photos of their physical storefront as proof of business location.
- Termination of Agreement
This Agreement may be terminated:
- By either party at will, with or without cause, upon not less than thirty (30) days’ notice in writing given by Overnight Express Mail, by personal delivery, or by telecopier or similar means of electronic transmission (with electronic confirmation of transmission receipt); ;
- By the Company, upon one day’s notice, if Dealer attempts to assign this Agreement or any rights here under without Company’s written consent, or there is change in control or management of Dealer or Dealer ceases to function as a going concern or to conduct its operations in the normal course of business as now conducted, or a receiver is appointed or applied for, or a petition under the Federal Bankruptcy Act is filed by or against it, or Dealer makes an assignment for the benefit of creditors; or
- By the non-renewal or termination of any appliance sales or service agreement between Company and Dealer, or a required permit or license to operate within the framework of the agreement; in either case this Agreement will be terminated and void without further act or notice.
- Neither Company nor Dealer shall, by reason of the termination of this Agreement, be liable to the other for compensation, reimbursements or damages on account of the loss of prospective profits on anticipated business, or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of Dealer or Company. Termination shall have no effect on the rights of either party regarding As-Is Product received by Dealer prior to the notice of termination. Any termination notice shall also operate as a cancellation of any outstanding requests for Dealer to receive or obtain any further As-Is Product.
- Resale and Indemnity
Salvage product and the parts removed from the Salvage Product MAY NOT BE SOLD OR ADVERTISED AS NEW. The Dealer agrees to indemnify and hold harmless GE Appliances from any and all liability, claims, demands, or actions made or filed, whether such claims, demands, or actions are rightfully or wrongfully brought, and against all costs incurred by GE Appliances therein (including, without limitation, reasonable attorneys’ fees), arising directly or indirectly from any sale, actual or alleged, by the Dealer, its officers, agents, or employees of any part derived from the Salvage Product as new, whether intentional or otherwise. Additionally, the Dealer agrees to indemnify and hold GE Appliances harmless from any claims or liabilities arising from the use, condition, or resale of parts harvested from Salvage/scrap loads. The Dealer further agrees that any parts extracted and subsequently resold must be clearly disclosed as originating from an Salvage or scrap product. This disclosure must be included in all sales listings, advertisements, and communications with potential buyers to ensure transparency regarding the part's origin. In the event any action is filed concerning this indemnity, the Dealer further agrees that GE Appliances may employ an attorney of its own selection to appear and defend the action on behalf of GE Appliances, at the Dealer's expens
- Warranty Disclaimer; Limitation of Liability
Dealer agrees that it will:
- Report promptly to the Company any allegation of property damage or personal injury caused by product/part or other Company products;
- Promptly and fully cooperate if action is requested by Company on any matter reasonably identified as relating to consumer product safety;
- Not remove, disconnect or negate at any time any safety or performance feature of any product/ part;
- Not use Company’s name or any Company trademark in any manner not approved by Company in writing;
- Upon termination of this Agreement, remove from its premises all signs, insignias, and any other promotional material displaying Company’s name or trademarks which are related to this Agreement and to discontinue the use of such name and trademark; and further, that Company shall have the right to repossess any exterior signs, regardless
- Miscellaneous
- Any notice or request provided for under this Agreement shall be given in writing by Certified or Registered Mail, Return Receipt Requested, by telecopier or similar electronic transmission means (with electronic confirmation of transmission of receipt) or by personal delivery, in any case addressed to the location of Company and/or Dealer, as set forth herein, or as otherwise specified by either party, as the case may be.
- Should either party fail at any time to enforce any provision of the Agreement, that shall not constitute a waiver of any provision or affect that party’s right to enforce any provision thereafter.
- Dealer hereby grants Company purchase money security interest in Product furnished by Company and the amount of their invoiced prices, which shall be satisfied by payment in full to Company. To protect Company’s security interest, Company may file a financing statement with appropriate authorities which Dealer will sign upon request, or which Company is authorized to sign on Dealer’s behalf as the appointed agent of Dealer herewith for this purpose.
- Company reserves the right (at any time in its absolute discretion without thereby incurring any liability to Dealer) to change or terminate any or all of its methods and procedures of conducting business.
- Company’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this Agreement shall in no case exceed the price allocable to the As-Is Product or part thereof which gives rise to the claim. In no event and to the fullest extent permitted by law, whether as a result of breach of contract or warranty or alleged negligence or otherwise, shall either party be liable for special, incidental or consequential damages, including, but not limited to, loss of profits or revenue, loss of use of the products, cost of capital, cost of substitute product, downtime costs, or claims of customers of Distributor for such damage, whether in arbitration, judicial litigation, administrative proceedings or otherwise.
- This Agreement, its exhibits, and any instruments incorporated by reference contain the entire and only agreement between the parties concerning the subject matter covered by this Agreement and merge all prior and collateral representations concerning such subject matter. Any other representation or condition not found herein is null, void and of no effect. This Agreement takes the place of all pre-existing arrangements and agreements between the parties regarding such subject matter.
- This Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of New York. If any provision of this Agreement, or any amendment or addendum thereto, is illegal, invalid or void under any applicable law, then it shall be considered severable (only to the extent necessary) and the remaining provisions shall not be impaired (unless such severance would materially diminish the anticipated benefit of this Agreement to either party, in which case no such severance shall be effected).
- By checking the “I agree to the Terms of Purchase” box, you accept and agree to be bound by these Terms of Purchase each time you log into the Site. If you do not agree to these Terms of Purchase, you will not be authorized to bid on or purchase As-Is Product from GE Appliances on the Site. No change to the terms of this Agreement, nor any representation, promise or condition relating to any of the foregoing shall be valid or binding upon Company unless made in writing and signed by Company by its Vice President, Sales, or General Manager, Retail Sales. No other agreement or representation regarding sale or purchase of As-Is Product shall be binding upon Company unless made in writing and signed in conformity with this Paragraph.
- All disputes, controversies and questions directly or indirectly arising under, out of, in connection with, or in relation to this Agreement or its subject matter, including without limitation, all disputes, controversies and questions relating to the validity, negotiation, interpretation, construction, performance, termination and enforcement of this Agreement (a “Dispute”), shall be resolved in accordance with this paragraph, which shall be the sole and exclusive procedure for the resolution of any such Dispute
- Except as otherwise provided herein, the parties shall attempt in good faith to resolve any Dispute promptly by negotiation. If the matter has not been resolved within sixty days of a party’s written request for negotiation, either party may initiate arbitration as provided hereinafter.
- Any Dispute which has not been resolved by negotiation as provided above shall, at the request of either party, be finally settled by arbitration under the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes in effect on the date of this Agreement, by a single independent and impartial arbitrator appointed by the Center for Public Resources from its Regional Panel of Neutrals. Notwithstanding Paragraph 8 above, the law applicable to the validity of this arbitration provision, the conduct of the arbitration, the challenge to or enforcement of any arbitral award or order, and any other question of arbitration law or procedure shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. sections 1-16. The place of arbitration shall be Louisville, Kentucky. The parties agree that the federal and state courts located in the State of Kentucky shall have exclusive jurisdiction over any action brought to enforce this arbitration provision, and each party irrevocably submits to the jurisdiction of said courts. Notwithstanding the foregoing sentence, either party may apply to any court of competent jurisdiction, wherever situated, for enforcement of any judgment on an arbitral award.
- To the fullest extent permitted by law, the arbitrator is specifically denied and divested of any authority to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right, whether in arbitration, judicial litigation, administrative proceedings, or otherwise, to recover any damages in excess of compensatory damages.
- Except as time-barred under an applicable statute of limitation of lesser duration, any claim by either party shall be time-barred unless the asserting party commences an arbitration proceeding with respect to such claim within two years after the cause of action has accrued.
- Notwithstanding any other provision of this Agreement, the parties expressly agree that prior to the first meeting of the arbitral tribunal, Company shall have the right to apply to any state or federal court in Kentucky, or any other court that would otherwise have jurisdiction, for provisional or interim measures.
- Each party hereby consents to a single, consolidated arbitration proceeding of multiple claims, or claims involving more than two parties. The prevailing party or parties in any arbitration conducted under this paragraph shall be entitled to recover from the other party or parties (as part of the arbitral award or order) its or their reasonable attorneys’ fees and other reasonable costs of arbitration.