THE FOLLOWING TERMS AND CONDITIONS PERTAIN TO THE SALES/INVITATION TO AUCTIONS OF GUAM WHOLESALES INC. 

The Contract: 

   1. "Useable" property is property sold for its originally intended purpose, or a reasonable alternative purpose, which may require substantial repair, refurbishment or replacement of parts or components, or modification, but is nonetheless sold for some purpose other than the value of its material. Useable property is sold in Government sales events numbered below 6000 (e.g., 1975, 1045).


   2. "Scrap" property is property sold for its material content value, and for which it is not intended that the property or any of its parts or components be used for its originally intended purpose is "scrap material." Scrap material is sold in Guam Warehousing, Inc ("Guam Wholesales ITB")sales events numbered 6000 or higher (e.g., 6001, 7250). Most property is sold with a requirement that it be mutilated beyond any ability to reconstitute it for its originally intended purpose. Most scrap material is sold by weight, however, some scrap material is sold by unit. Where mutilation of the scrap material is not required, the scrap may be sold by units rather than by weight. Some items sold with a unit quantity may still require mutilation. The absence of a requirement to mutilate should not be construed as an implication by us that the property is fit for its originally intended purpose or should be purchased with a useable purpose in mind.


   3. The terms "you" and "your" refer to a Bidder, Buyer, or Registrant of Guam Wholesales Inc. The terms "we," "us," "our," "GW," "Invitation To Bid" and "Company" refer to Guam Wholesales Inc. References to the singular include the plural and vice versa. References to the masculine include the feminine and vice versa.


   4. Radical Communications, INC ("RadicalShells") and Guam Warehousing, INC ("GW") are the companies established by Guam Wholesales, Inc. to administer the sale of useable surplus for the U.S. Defense Reutilization and Marketing Service (DRMS). Guam Wholesales is the company you will encounter most often in communications, on our web site, and in direct dealings with our employees. Invoices and some other correspondence may be sent in the name of Guam Wholesales, Inc or Guam Warehousing, Inc. We have two companies simply because we are required to do so under our sales contracts with the DRMS. Except where we have specified otherwise, your dealings with us should be governed by the principle that you are dealing with a single organization. Throughout these terms and conditions, we may refer to Guam Wholesales & Escrow Services Inc as encompassing Guam Wholesales, Inc and Guam Warehousing, Inc.


   5. By placing a bid on any sale on this web site, you agree to be bound by these Terms and Conditions of Sale. In order to participate in a Guam Wholesales, Inc (GW ITB) sales event, you must:
          * Be at least 18 years of age
          * Agree to the terms and conditions of sale by clicking on the appropriate button provided at the bottom of these terms and conditions
          * Agree that we are the only two parties to this contract, and that there are no contingencies to these sales other than those stated by us at the time of sale
          * Be mentally competent to enter into a contract
          * Be financially responsible for any bids placed using your unique web site username and password
          * Be capable of removing the property from the military installation, Warehouse, etc.. where it is located within the required time frame
          * Be free from any previous financial obligations owed to us
          * Be capable of receiving a Trade Security Control (TSC) clearance to buy any property that requires a clearance
          * Be a real person or business entity, with a verifiable address, telephone number and email address
          * Be dealing with us in good faith, and not attempting to defraud, cheat or wrong us or the U.S. Government
          * Agree to abide by any existing security regulations at any military installation from which you purchase property or at which you wish to inspect property prior to placing a bid
          * Inspect the property upon which you are bidding or waive the opportunity to conduct a physical inspection of the property

NOTE: By waiving the opportunity to physically inspect the property prior to bidding, you are limiting your rights under our dispute policy. We strongly encourage you to inspect property if you have any concerns or questions about the item's condition, operability, fitness for a particular purpose or merchantability.

ELIGIBILITY ( top)

   6. If you are registering as a business entity, you represent that you have the authority to bind the entity to these terms and conditions. A limit of one registration per business or individual will be enforced on our web site. Duplicate registrations will be de-activated from use at our discretion.


   7. We reserve the right to accept or reject any or all bids.


   8. Any direction or prohibition stated on our web site or within these terms and conditions, unless specifically referring to Guam Wholesales, Inc, or Guam Warehousing, Inc, shall be construed as a direction to or prohibition on the Buyer only.


   9. We reserve the right to limit the bid amounts proposed by any Bidder, either singly or in aggregate.


  10. We reserve the right to refuse any individual or business access to our sales events.


  11. We reserve the right to require an earnest money deposit prior to or during bidding on certain lots at our sole discretion. We will notify potential bidders via language on the lot details page of any earnest money deposits required prior to bidding. Deposits from winning bidders will be retained and applied to the pending invoice or to any past due balances owed by the customer. Deposits from non-winning bidders will be returned.


  12. You agree to defend, indemnify and hold us harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) for any injuries to persons or property of any type, occurring during or resulting from the sale, removal, use or operations of the purchased property


Copyrighted Material of Guam Wholesales,Inc. 2008