Requirements for Use
You hereby agree that:
- You are at least eighteen (18) years of age.
- You are the sole legal owner of your property you desire to sell to Andrew Fabrikant and FabOn5th.com
- Your property is free and clear of all liens, of any nature, and is not subject to any claims which may adversely effect the value of your property and your ability to sell the property Andrew Fabrikant.
- You are acting in your own free will, on behalf of yourself and not as the agent or representative of another person.
- You will provide all information and documentation as may be requested by Andrew Fabrikant.
- From time to time in connection with the processing of your sale of property to Andrew Fabrikant.
- YOU HEREBY ACKNOWLEDGE AND CONFIRM that with your submission of property to Andrew Fabrikant, you are including a true and accurate copy of your government issued identification and such other documentation as we may require.
- Andrew Fabrikant will not process any transaction, nor make any offer, for any property that is not accompanied by a copy of the government issued identification of the seller.
Guaranty Against Loss
- Subject to certain terms and conditions contained herein, Andrew Fabrikant will guarantee against loss of the property that is properly shipped to Andrew Fabrikant.
- In accordance with the instructions and procedures established by Andrew Fabrikant.
- Andrew Fabrikant reserves the right, in its sole discretion, to reject the delivery of any mail, envelope, package or other item which appears to be opened, damaged or tampered with in any way. The post office or shipping company will return any such mail, envelope, package or item to you. Andrew Fabrikant & FabOn5th.com will have no liability to you for any such attempted delivery or return of any such property.
You may request Andrew Fabrikant to provide a telephone or e-mail quote for your property after such property has arrived at Andrew Fabrikant may, in its sole discretion, record all telephone conversations, including verbal offers and verbal acceptances. Upon your acceptance of the telephone or e-mail quote, you will be legally bound by such transaction, payment will be issued to you by Andrew Fabrikant, and you will no longer have the opportunity to return the payment and receive your property from Andrew Fabrikant.
Acceptance of Offers
YOU HEREBY AGREE to accept or reject any offer made by Andrew Fabrikant within 24 hours from the time such offer is made. Andrew Fabrikant shall not be liable for any offer to you to purchase your property for more than 24 hours from the time of offer.
If you fail to accept or reject any offer made by Andrew Fabrikant within 24 hours, Andrew Fabrikant, in its sole discretion, may hold onto the property for a period of time not to exceed 90 calendar days. If you do not accept any offer by Andrew Fabrikant, Andrew Fabrikant will return the property to you at the address from which you sent it or such other address that Andrew Fabrikant may have on record for you.
Return of Property and Claims Procedures
If any property is returned to you as a result of your rejection of Andrew Fabrikant offer or as a result of your failure to accept or reject the offer within 24 hours, Andrew Fabrikant will insure the property for an amount equal to the lesser of Andrew Fabrikant offer and an agreed upon valuation. Andrew Fabrikant shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
In order to receive payment or remuneration from Andrew Fabrikant upon the loss or destruction of your property arising from the return of it to you, you must submit a claim to Andrew Fabrikant on the claim form provided by Andrew Fabrikant. Such form is available upon request. Andrew Fabrikant will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to Andrew Fabrikant in accordance with the instructions on the claim form. You must submit all supporting documentation with the completed and signed form. Failure to comply with these requirements will constitute a waiver by you, and result in the denial by Andrew Fabrikant of, your claim. Andrew Fabrikant will submit to you the insurance proceeds, if any, received from the shipping carrier within 60 days of Andrew Fabrikant receipt thereof.
Limitation of Liability
Andrew Fabrikant liability is and shall be expressly and specifically limited to the amount of the offer made to you by Andrew Fabrikant for the purchase of your property.
YOU FURTHER AGREE that in no event shall Andrew Fabrikant be liable to any third party, including any insurance carrier, for any subrogation claim or other claim brought by your insurance carrier. By submitting property to Andrew Fabrikant you expressly and specifically waive any such subrogation claim you or your insurances carrier may have.
IN NO EVENT SHALL Andrew Fabrikant be liable to YOU OR any THIRD PARTY for any INDIRECT, consequential, exemplary, incidental, special or punitive damages arising from your usE of this site or your sale of property to Andrew Fabrikant, even if Andrew Fabrikant has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Andrew Fabrikant’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to an amount not to exceed the amount of the offer made to you by Andrew Fabrikant.
By using this site and submitting property, you expressly accept this limitation of liability.
This limitation of liability shall be binding on you and any and all third parties, including but not limited to, your heirs, successors, assigns, legatees, insurance carriers and any other individual or entity asserting any right or claim relating to this transaction.
YOU HEREBY AGREE to indemnify, defend and hold harmless Andrew Fabrikant, its officers, directors, employees, shareholders, agents, subsidiaries, affiliates and attorneys from and against all losses, liabilities, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation this Agreement or any activity related to your sale of property to Andrew Fabrikant (including negligent and wrongful conduct) by you.
Disclosure of Personal Information
Andrew Fabrikant does not sell or rent your information. Andrew Fabrikant does not disclose your personal information to non-affiliated third parties or to affiliated entities, except as permitted by law. For example, Andrew Fabrikant may share your personal information in the following situations:
- To service providers in connection with the administration and servicing of Andrew Fabrikant, which may include attorneys, accountants, auditors and other professionals. Andrew Fabrikant may also share information in connection with the servicing or processing of your transaction;
- To respond to a subpoena or court order, judicial process or regulatory authorities; and
- To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities.
The foregoing list of examples is not a conclusive list and other instances may arise where the disclosure of your personal information is permitted by law.
Compliance with Patriot Act
By using this site and sending your property to Andrew Fabrikant, you acknowledge and confirm that you are not currently, and will not become, a person (a) in violation of any statute, treaty, law (including common law), ordinance, regulation, rule, order, opinion, release, injunction, writ, decree or award of any governmental authority relating to terrorism or money laundering, including Executive Order No. 13224 and the USA Patriot Act (collectively, “Anti-Terrorism Law”) or (b) engaged in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. You are not any of the following (each a “Blocked Person”): (i) a person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order No. 13224; (ii) a person owned or controlled by, or acting for or on behalf of, any person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order No. 13224; (iii) a person with which Andrew Fabrikant is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law; (iv) a person that commits, threatens or conspires to commit or supports “terrorism” as defined in the Executive Order No. 13224; (v) a person that is named as a “specially designated national” on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control at its official website or any replacement website or other replacement official publication of such list; or (vi) a person who is affiliated with a person listed above. You understand and agree that, by law, Andrew Fabrikant may be obligated to “freeze” your transaction, either by prohibiting additional sales and/or declining any processing requests with respect to your property in compliance with governmental regulations, and Andrew Fabrikant may also be required to report such action and to disclose your identity to the Office of Foreign Asset Control. You understand and agree that Andrew Fabrikant may not accept your property and/or consummate any transaction with you if you cannot make the foregoing representation.
YOU HEREBY AGREE to the use of electronic signatures, the receipt of notices by email and the use of electronic contracts.
YOU HEREBY AGREE to accept this Agreement by electronic means.
Changes to this Agreement
Andrew Fabrikant may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review this Agreement periodically, and your continued use of this site shall be deemed your acceptance of the modified Agreement.
Choice of Law and Jurisdiction
Your use of this site and this Agreement and will be governed in all respects by the laws of the State of New York without regard to its conflict of law provisions. Andrew Fabrikant’s failure to exercise or enforce any right or provision of this Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties will nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect. By using this site, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU HEREBY AGREE that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site, including, but not limited to, your sale of property to Andrew Fabrikant, shall be in the Federal or State Courts in New York, New York, and you expressly agree that any such Court has personal jurisdiction over you. You hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens. Andrew Fabrikant shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside the State of New York, including but not limited to, attorneys’ fees incurred by Andrew Fabrikant.
You hereby agree that you provided to Andrew Fabrikant the email address, physical address, and telephone numbers that are in Andrew Fabrikant records, and it is your responsibility to provide Andrew Fabrikant with any current or updated contact information. You further agree that: (a) any email message that Andrew Fabrikant sends to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (b) any phone message Andrew Fabrikant leaves with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone.
In the event of any strike, disruption of service, or any other problems that Andrew Fabrikant might encounter with Federal Express, UPS or other shipping carrier, Andrew Fabrikant reserves the right in its discretion to replace such shipping carrier with another shipping carrier.
On this site, all references to days shall refer to business days. Saturdays, Sundays, and religious and federal legal holidays are not included as business days, and if the expiration of any time frame set forth above falls on a Saturday, Sunday, or religious or federal legal holiday, performance will be due on the next business day. Property received after 2:00 p.m., or on any Saturday, Sunday, or religious or federal legal holiday will be considered to have been received on the next business day. All business days will begin at 9:00 a.m. and end at 5:00 p.m. in Eastern Standard Time on the appropriate day.
Notwithstanding any other provision herein to the contrary, Andrew Fabrikant reserves the right to suspend or increase any time frame specified above, and/or request additional documents or information from you, in order to comply with any applicable local, state, or federal law, ordinance, or regulation. Furthermore, any time frame set forth on this site may be suspended or extended in its discretion with or without notice to you in the event that Andrew Fabrikant encounters technical difficulties concerning this site or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other storms.