Whirlpool Wholesale - Tubs & Appliances | B-Stock Liquidation Auctions

Terms of Purchase

Last Updated: January 11, 2021

  1. ACCEPTANCE OF TERMS OF PURCHASE
    1. Acceptance of Terms.

      These Terms of Purchase together with the Terms of Use are an ongoing contract between you and Whirlpool Corporation and apply to your use of Whirlpool Corporation's online marketplace located at https://bstock.com/whirlpool/ (the "Site"), hosted and configured by B-Stock Solutions, Inc. ("BStock"), through which you may purchase 2nd channel products from Whirlpool Corporation in consideration of the mutual promises and such other good and valuable consideration. If you are entering into these Terms of Purchase on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Purchase. You may not use the Site if you do not have such authority. These Terms of Purchase govern your purchase of 2nd Channel Products from the Site. 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 should not bid on or purchase 2nd channel products from the Site. You may preserve these Terms of Purchase in written form by printing it for your records, and you waive any other requirement that these Terms of Purchase be evidenced by a written document.

    2. Modifications to Terms.

      We reserve the right, from time to time, with or without notice to you, to change these Terms of Purchase in our sole and absolute discretion. 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 use of the Site or continued purchases after changes are made mean that you agree to be bound by such changes. No purchase order or other documentation issued by you to us will alter these Terms of Purchase unless signed by an authorized Whirlpool Corporation representative. You agree to keep your email address and other contact information current at all times.

  2. Additional Definitions
    1. "Buyer" or "you" or "your" shall mean the individual who purchases 2nd Channel Products from https://bstock.com/whirlpool/ through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
    2. A "Completed Purchase" occurs when you have provided to Whirlpool Corporation all of the purchase information requested in the Email Notification in the manner specified in such Email Notification to complete your purchase.
    3. "Extended Auction" shall mean an auction where if a bid is placed in the last 5 minutes of an auction, the auction end time will extend for an additional 3 minutes. This is called "Popcorn Bidding" and gives all bidders an equal chance of winning an auction by extending the end time of the auction if a last minute bid is placed. Popcorn Bidding is used to simulate a live auction and prevents other bidders from "sniping" an auction at the last second.
    4. "Products" shall mean Whirlpools 2nd channel products that are available for purchase on the Site under the terms described herein. 2nd Channel Products consist of warehouse or transportation damaged units or customer returns, and have been previously shipped. The condition of the 2nd channel products will vary and standard designations regarding a product's condition will be set forth in the Listing. The 2nd channel products are provided to you "as is" for purchase on the Site. Accessories such as hoses, cables or cords, and instructions may or may not be included.
    5. "Listing" shall mean the content on the Site associated with particular 2nd Channel Products, including, but not limited to, the description and quantity of the 2nd channel products. Whirlpool Corporation shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any 2nd channel products purchased after such modification had been made.
    6. "Promotional Content" shall mean any and all information, service or content provided by Whirlpool Corporation or its agents in any medium in connection with these Terms of Purchase, including promotional content and Listings to be displayed on the Site.
  3. Auction Process
    1. Auction Process. 2nd channel products will be sold pursuant to the auction process set forth in this Section 3 (the "Auction"). If you wish to bid on 2nd channel products, you will be required to enter your bid amount. Your bid must be (i) in an amount higher than the bid listed as the minimum opening bid and the "current winning bid," as applicable, (ii) in the bid increments set forth on the bid page and (iii) placed before the scheduled closing time for such Auction (including any additional time added for an Extended Auction), for your bid to be eligible for the Auction. If your bid is deemed the winning bid, you will be notified by email (the "Email Notification") at the email address that Whirlpool's 2nd Channel Sales Group has on file for you, which you may update from time to time by following instructions on the Site. It is your responsibility to keep your email address current and to timely check your email to determine if you are the winning bidder for any Auction in which you participated. Whirlpool Corporation is not responsible for the failure of an Email Notification to reach a winning bidder for any reason, including, but not limited to, technical problems or other system error.
    2. Winning Bids. If your bid is deemed the winning bid at the end of the Auction for certain 2nd channel products, you agree to promptly purchase such 2nd channel products pursuant to the terms and instructions set forth in your signed Sales Agreement with 2nd Channel Sales and in the Email Notification. If you fail to register a Completed Purchase within two (2) business days of when the Email Notification is sent by Whirlpool Corporation, you shall forfeit any right to purchase such 2nd channel products and Whirlpool Corporation may deactivate your account and password so you can no longer access the Site and, at its sole discretion, may choose to (i) contact the next highest bidder in the Auction for such 2nd channel products and offer to sell such 2nd channel products to such bidder at such bidder's bid price or (ii) post such 2nd channel products on the Site for sale in a new Auction.
  4. Conditions to sale; Payment
    1. Purchase Price. In consideration for your payment of the purchase price set by the winning bid for certain 2nd channel products in an Auction (the "Purchase Price") and all applicable taxes, Whirlpool Corporation hereby agrees to sell to you such 2nd channel products for which you have posted the winning bid pursuant to your compliance with the terms set forth. You agree to pay the Purchase Price and all applicable taxes for the 2nd channel products as per your established credit terms with Whirlpool. Nothing in these Terms of Purchase shall otherwise obligate Whirlpool Corporation to sell 2nd channel products to you. You shall be responsible for all taxes, and any other expenses incurred in connection with your purchase hereunder, as agreed in your signed Sales Agreement with Whirlpool Corporation.
    2. Canceled Bids and Purchases. Please note that there may be certain bids and purchases that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any bid or purchase for any reason. Some situations that may result in your bid or purchase being canceled include, but are not limited to, inaccuracies or errors in product or bid information, or problems identified by our credit department. While Whirlpool Corporation strives to provide accurate product and bid information, typographical or system errors may occur. In the event that bids for 2nd channel products are incorrectly listed or 2nd channel products are listed with incorrect information due to an error in quantity or other product information, we shall have the right, at our sole discretion, to refuse or cancel any purchases placed for such 2nd channel products. In the event that we must cancel a bid or purchase, we will cancel your bid or purchase and notify you by email of such cancellation.
    3. Payment Terms. You shall submit the Purchase Price to Whirlpool Corporation under the payment terms set forth in the Email Notification and on the Site. Whirlpool Corporation may revise the payment terms from time to time in its sole and absolute discretion upon notice to you; provided, however, that any change to payment terms will not be effective for any then-pending sale but will only be effective for the next sale subsequent to such notice. Upon acceptance of such Purchase Price and the fulfillment of any other conditions to such sale described herein, Whirlpool Corporation will sell, assign, transfer and convey to you all of Whirlpool Corporation's right, title and interests in and to the 2nd channel products and shall make such 2nd channel products available for removal by you or your agents in the manner set forth in Section 5 below.
  5. Removal and acceptance of 2nd Channel Products
    1. Removal and Shipment of 2nd channel products. The 2nd channel products purchased by you shall be delivered from the facility identified in the Email Notification (the "Inventory Location") at a time mutually agreed to by you and Whirlpool Corporation (the "delivery date"). You or your agent must schedule the delivery with Whirlpool Corporation pursuant to the instructions set forth in the Email Notification. You shall be solely responsible for prompt shipping arrangements of the 2nd channel products from Whirlpool Corporation's premises as agreed in the signed 2nd Channel Sales Agreement on file and the Email Notification. Failure to comply with prompt delivery arrangements of 2nd channel products purchased, could result in Whirlpool denying the sale, placing the 2nd channel products for auction on the Site, and refunding to you the Purchase Price you paid to Whirlpool Corporation.
    2. Title; Risk of Loss. Title to the 2nd channel products shall remain with Whirlpool Corporation until you take possession of the 2nd channel products. You expressly acknowledge that risk of loss and liability for the 2nd channel products shall pass to you upon your or your agent's receipt of the 2nd channel products at the Inventory Location. You or your agent shall have the right to count the number of units to confirm the quantity of units matches the shipping manifest prior to accepting possession. You expressly acknowledge and agree that you shall have no right to refuse or return the 2nd channel products after accepting possession of the 2nd channel products at delivery.
    3. Acceptance. Your acceptance of possession of the 2nd channel products from Whirlpool Corporation pursuant to Section 5.2 shall constitute an unqualified acceptance of the 2nd channel products and a waiver by you of all claims with respect thereto except as set forth in Section 5.4. All sales are final.
    4. Inspection. You shall have fifteen (15) days from the date of delivery of 2nd channel products from Whirlpool Corporation, in accordance with Section 5.1 and 5.2., to inspect the shipment for any discrepancies in the stated quantity or condition of the product, and report such discrepancy to Whirlpool Corporation in writing. Whirlpool Corporation reserves the right to conduct an additional inspection at its own expense. If Whirlpool Corporation agrees that a discrepancy has occurred, Whirlpool Corporation will reimburse you for any acknowledged discrepancy. Such reimbursement may be in the form of an offset against any payments you may owe to Whirlpool Corporation, at Whirlpool Corporation's discretion. Following such fifteen (15) day inspection period, you shall no longer have the right to claim any reimbursement for discrepancy.
  6. PRIVACY AND CONFIDENTIALITY
    1. Confidential Information. Each party acknowledges that by reason of its relationship to the other party hereunder it will have access to certain information and materials concerning the other party's business that are confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties. In particular, the parties hereto acknowledge that the information regarding the Purchase Price and any particular sale are confidential to Whirlpool Corporation. Each party shall take every reasonable precaution to protect the confidentiality of such information. Notwithstanding the foregoing, you understands that BStock will have access to confidential information pertaining to you. You may not make any public announcement about these Terms of Purchase without Whirlpool Corporation's prior written approval and consent. Notwithstanding anything in this Section 6.1 to the contrary, any information (i) already in the public domain, (ii) independently developed by the recipient without the use of or access to the other party's confidential information, or (iii) released through no action or inaction by the receiving party, will not be considered confidential information hereunder. The receiving party may disclose the disclosing party's confidential information upon the order of any court of competent jurisdiction or as otherwise required by law or legal process, provided that prior to such disclosure the receiving party shall inform the disclosing party of such order, if permitted by law, in order to provide the disclosing party with an opportunity to contest such order or to seek such other protective action as the disclosing party may elect. This Section 6 shall survive each purchase transaction hereunder.
  7. REPRESENTATIONS AND WARRANTIES; INDEMNITY
    1. You shall indemnify and hold Whirlpool Corporation and BStock and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, action, losses and/or costs, including reasonable attorneys' fees, due to or arising out of (i) your use of the Site or (ii) any sale, use or handling of the 2nd channel products.
    2. The indemnity obligation under this Section 7 shall survive each purchase transaction hereunder.
  8. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
    1. Exclusion of Warranties on all Class "C" and Class "D" 2nd channel product. You acknowledge that all 2nd channel products purchased as Damage Class C or Class D under this agreement are sold by Whirlpool "AS IS" and "WITH ALL FAULTS" without any warranties, and that WHIRLPOOL EXPRESSLY DISCLAIMS ANY WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. You are not authorized to represent or assume for Whirlpool any liability in connection with the sale of Class C 2nd channel products. Class D 2nd channel products are not permitted to be resold. Where directed by Whirlpool, you agree to apply warranty exclusion notices in the manner and location as directed by Whirlpool in writing. You shall not remove or obliterate any warranty exclusion notices on products shipped by Whirlpool, except as directed in writing by Whirlpool. You shall provide information regarding Whirlpool's warranty terms, or exclusions of warranty, upon request by consumers.
    2. Warranty on "Class B" 2nd channel products and "Refurbished" 2nd channel products. Except for cosmetic damage (which is expressly excluded), Whirlpool will warrant Class B and Refurbished products purchased by you in accordance with, and only to the extent expressly provided in, Whirlpool's standard warranty provisions applicable to such 2nd channel products and in effect at the time that the 2nd channel products in question were purchased by you ("Product Warranty"). Such Product Warranty shall be for the exclusive benefit of you and your customers. THE APPLICABLE PRODUCT WARRANTY CONSTITUTES WHIRLPOOL'S SOLE AND EXCLUSIVE WARRANTY AND REMEDY WITH RESPECT TO ANY PRODUCTS PURCHASED BY YOU. EXCEPT TO THE EXTENT EXPRESSLY STATED OTHERWISE IN THE APPLICABLE PRODUCT WARRANTY, WHIRLPOOL DISCLAIMS ALL EXPRESS WARRANTIES (WHETHER ORAL OR WRITTEN) AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING BY CUSTOM OR TRADE USAGE.

      EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WHIRLPOOL CORPORATION'S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES RESULTING FROM THESE TERMS OF PURCHASE, EXCEED THE PURCHASE PRICE PAID BY YOU TO WHIRLPOOL CORPORATION FOR THE 2ND CHANNEL PRODUCTS AT ISSUE. WHIRLPOOL CORPORATION SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT WHIRLPOOL CORPORATION CORRECTS PRIOR TO THE PURCHASE OF THE 2ND CHANNEL PRODUCTS TO WHICH THAT LISTING APPLIES. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION.

  9. Use of Site

    You agree and acknowledge that BStock makes no guaranty of the accuracy, correctness or completeness of any Promotional Content and is not responsible for: any errors or omissions arising from the use of any thereof; any failures, delays or interruptions in the delivery of any Promotional Content contained with the Site; losses or damages arising from the use of the Promotional Content provided by the Site; any conduct by you in connection with the Site; or any Promotional Content or products provided through or in conjunction with the Site. You must comply with the operating rules and policies applicable to the Site as may be published or provided by BStock or Whirlpool Corporation in writing (including by posting on the Site) from time to time.

  10. BREACH OF THIS TERMS OF PURCHASE

    If you fail to comply with any term or condition in this Terms of Purchase, Whirlpool Corporation may immediately, terminate your account, deactivate your password and seek any other remedy available to Whirlpool Corporation or its affiliates.

  11. GENERAL PROVISIONS
    1. These Terms of Purchase will be governed by the laws of the state of Michigan, without reference to its choice of law rules. No waiver of any provision of these Terms of Purchase shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing. The division of these Terms of Purchase into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Purchase.
    2. Force Majeure. Whirlpool Corporation shall not be liable to the other party for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within Whirlpool Corporation's reasonable control, whether or not of the kind specifically enumerated above.
    3. The Terms of Purchase was last updated on January 11, 2021. Please check our Terms of Purchase periodically for changes.

CANADIAN BUYERS - PLEASE SEE RETAIL DEALER SALES AGREEMENT FOR ADDITIONAL TERMS

PLEASE PRINT A COPY FOR YOUR RECORDS.

This website uses cookies to improve your experience. By viewing our content, you are accepting the use of cookies. To find out more and change your cookie settings, please view our Privacy Policy.

OK