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# XurpBid Utah and U.S. Online Auction Buyer Agreement **Version:** utah-us-auction-general-2026-07-30-v1 **Effective date:** July 30, 2026 **Business:** XurpBid **Public business location:** Utah, United States These are XurpBid's general operational terms for United States business-to-consumer online auctions operated from Utah. They become effective for a buyer only when XurpBid publishes this exact version and the buyer affirmatively accepts it in the scope required by the marketplace. They are not legal advice and do not replace XurpBid's Privacy Notice, auction-specific disclosures, shipping procedures, or rights that applicable law does not permit the parties to waive. XurpBid's owner adopted this operational version using the authorities listed below; review by qualified Utah and U.S. counsel is recommended before live bidding or sales are enabled. ## 1. Seller, scope, and controlling records XurpBid, publicly located in Utah, operates the marketplace and is the seller of the goods offered through it unless a listing expressly and lawfully identifies another seller. No street address, support email, or support phone is stated here because none has been designated in the current Business Settings. A buyer may use the support method displayed by the marketplace when one is available; the absence of a displayed support channel does not shorten or eliminate any statutory notice or dispute right. This Agreement applies to account-level eligibility and to each auction that incorporates the current general policy. A listing or Auction Event may include additional, clearly displayed terms. If event-specific terms conflict with this Agreement, the more specific event term controls for that event only, except that no term limits a right that applicable law does not permit the parties to waive. For each acceptance, XurpBid should retain the authenticated account identifier, exact policy-version identifier, SHA-256 hash of the accepted content, acceptance time, source, and applicable auction or event scope. A later policy version does not rewrite prior evidence or alter a completed sale. ## 2. Eligibility, account security, and electronic agreement You must be at least 18 years old, use accurate current contact and delivery information, control the account and payment method you use, and complete any identity, address, payment, or risk checks displayed by XurpBid. You are responsible for protecting your credentials and promptly reporting suspected unauthorized access. By affirmatively accepting this Agreement through the displayed checkbox or other clear electronic action, you agree to use electronic records for this transaction and intend that action to serve as your electronic signature. You must be able to open, retain, and reproduce the Agreement. Contact support before bidding if you cannot access or retain it. Nothing here requires a consumer to waive any disclosure, consent, withdrawal, or paper-copy right that applicable law preserves. ## 3. Listings, condition, inspection, and descriptions Each listing identifies the lot, quantity or item count where known, condition category, photographs, manifest or other available description, opening bid, buyer's premium, closing rules, fulfillment methods, and material deadlines. Photographs may illustrate only part of a bulk or mixed lot. Estimates of retail value, resale value, grade, completeness, compatibility, or performance are opinions unless the listing expressly states a factual guarantee. Review every listing, image, manifest, condition note, dimension, weight, and fulfillment requirement before bidding. If XurpBid offers a preview or inspection opportunity, you are responsible for using it or deciding to bid without it. You may ask material questions through the published support channel before the auction closes. To the fullest extent allowed by applicable law, goods are offered **AS IS, WHERE IS, WITH ALL FAULTS**, and XurpBid disclaims implied warranties of **MERCHANTABILITY** and fitness for a particular purpose. Those disclaimers do not negate an express factual description that forms part of the bargain, excuse fraud or intentional misrepresentation, disclaim good title unless specifically and lawfully stated, eliminate remedies for non-delivery, or waive any warranty or consumer right that applicable law makes non-waivable. A materially incorrect item, quantity, or factual description is handled under Section 11, not as ordinary buyer's remorse. ## 4. Bids, proxy bidding, and binding commitment A submitted maximum bid is your confidential authorization for XurpBid's server to bid incrementally on your behalf up to that maximum. The displayed price may be lower than your maximum. Equal maximums are ranked by the first valid maximum recorded by the authoritative server. The server clock and server records control over a device clock, cached page, screenshot, notification, or network delay. By submitting a bid, you make a binding commitment under the rules disclosed for that auction and authorize the charges described in Section 7 if you win. Under Utah Code § 70A-2-328(3), a bidder may retract a bid until XurpBid's authoritative announcement of completion, but retraction does not revive a previous bid. XurpBid's product does not provide a routine self-service withdrawal control, so a retraction request must reach XurpBid through an available support method before the authoritative completion announcement. After that announcement, the completed sale is binding subject to the remedies and non-waivable protections stated in this Agreement. You may not bid through another person's account, coordinate bids to suppress or inflate price, place seller or shill bids without lawful disclosure, use bots or automation not expressly authorized by XurpBid, interfere with another bidder, manipulate timing or connectivity, submit false information, evade a suspension, or exploit a product defect. XurpBid may reject a bid, suspend an account, pause an auction, or preserve evidence when reasonably necessary for security, integrity, legal compliance, or correction of a material system error. ## 5. Auction close, reserve, and extensions Each lot is a separate sale. Unless a listing expressly states that it is without reserve, the auction is with reserve. XurpBid may withdraw or cancel a reserve lot before the authoritative close when permitted by applicable law. The sale is completed only when XurpBid's system records and announces the final close and winning result. The listing states the scheduled close and any soft-close rule. A qualifying competitive bid received during the disclosed trigger period automatically extends the closing time by the disclosed extension period; repeated qualifying bids may create repeated extensions. A countdown is informational. The authoritative closing time stored by XurpBid controls. XurpBid may reopen, extend, pause, cancel, or correct an auction only for a disclosed rule, legal requirement, material listing error, security incident, service disruption, or other commercially reasonable integrity reason. XurpBid will not use that discretion to fabricate demand or conceal seller bidding. If XurpBid or a person acting for XurpBid bids on a lot, that right must be expressly reserved or otherwise disclosed as Utah law requires; an undisclosed seller bid may give the buyer the remedies provided by Utah Code § 70A-2-328(4). ## 6. Price, buyer's premium, tax, and fulfillment charges The winning invoice consists of the hammer price, the buyer's premium percentage disclosed before bidding, applicable sales or use tax, the shipping amount selected and authorized before bidding when shipping applies, and any other mandatory amount clearly disclosed before the bid or payment authorization. The general buyer's-premium default may be 8%, but an auction may disclose another percentage, including 0%; the published auction-specific percentage controls. Taxes are calculated from the transaction and fulfillment facts available to XurpBid. A tax estimate may change only as allowed before the final charge and invoice. For shipping, XurpBid displays the authorized shipping price and available service before the bid that freezes that selection. XurpBid will not increase the buyer's invoice because of a later carrier rerate. Optional services or buyer-requested changes require a new clear agreement. Pickup does not include packing, loading, labor, equipment, or transportation unless the listing expressly says otherwise. ## 7. Saved-card authorization and payment When an auction uses `automatic_full` settlement—including every shipping-only auction—you expressly authorize XurpBid, after the authoritative close confirms you as winner, to charge the saved payment method for one `sale_total`: hammer price plus the published buyer's premium, the shipping amount you selected and authorized before bidding, applicable tax, and any other previously disclosed mandatory charge. This is a transaction-specific post-win authorization, not permission for unrelated or recurring charges. When an auction uses `pay_at_warehouse`, the listing must be pickup-only. XurpBid does not make an automatic post-win card charge under that policy. You must pay the finalized invoice through one of the payment methods displayed for that auction before release. A processing, timeout, or otherwise uncertain payment result is reconciled before XurpBid attempts a conflicting payment path. A definitive decline may place the order in `action required`, require a supported replacement payment, suspend bidding access, withhold delivery, cancel the sale where permitted, or support a commercially reasonable resale. XurpBid will not knowingly collect the same invoice twice. Refunds, reversals, disputes, and duplicate-payment claims receive an auditable review. Nothing in this Agreement waives or restricts statutory billing-error, unauthorized-charge, chargeback, or card-network rights. In particular, a consumer may have rights concerning goods not accepted or not delivered as agreed. XurpBid may submit truthful transaction and delivery evidence in response to a dispute. ## 8. Shipping duties and delivery timing Shipping is available only when stated in the listing and only to an eligible U.S. destination supported by the published carrier service. You must maintain an accurate deliverable address before bidding and promptly cooperate with lawful carrier or address-verification requests. XurpBid is not responsible for a delay caused solely by inaccurate buyer information, refusal of delivery, or an event outside reasonable control, but no such statement limits duties imposed by the FTC Mail, Internet, or Telephone Order Merchandise Rule or other applicable law. XurpBid must have a reasonable basis for every stated shipping time. If no shipping time is stated, applicable federal rules generally require a reasonable basis to ship within 30 days after a properly completed order. If XurpBid cannot ship within the promised or otherwise applicable time, it will provide the legally required delay option and either obtain consent to the delay or cancel and issue a full prompt refund for the unshipped merchandise. This Agreement does not convert silence into consent where law requires affirmative consent. For shipped goods, title and risk of loss pass only as allowed by applicable law and the disclosed delivery term. This Agreement does not shift risk to a consumer before lawful tender or receipt, excuse inadequate packing, or eliminate remedies for loss, non-delivery, or nonconforming delivery. ## 9. Pickup duties, release, and missed deadlines Pickup is by the published window and any confirmed appointment. Bring government-issued identification, the confidential pickup code, suitable vehicle capacity, labor, tools, and safety equipment required for the lot. XurpBid will not release goods before confirmed full payment and staff verification. Title and risk of loss for pickup goods pass at physical release to you or your authorized carrier, subject to applicable law. If you miss a payment or pickup deadline, XurpBid may suspend the account, withhold delivery, cancel where permitted, charge only a previously disclosed and lawful storage amount, or resell the goods in a commercially reasonable manner after any notice required by law. This Agreement does not declare goods automatically abandoned or forfeited, and it does not impose an undisclosed penalty. ## 10. Final sale, buyer default, and resale An auction purchase is final after the authoritative close and successful formation of the sale. There is no return or exchange for preference, resale performance, ordinary condition variance that was accurately disclosed, failure to inspect, vehicle or labor insufficiency, or buyer's remorse. If you fail to pay, accept delivery, or collect the lot as agreed, XurpBid may use remedies available under the Agreement and applicable law, including withholding delivery, cancellation, account suspension, and commercially reasonable resale. Any claim for damages, storage, or resale deficiency is limited to amounts permitted by applicable law and supported by reasonable records; XurpBid does not impose an automatic punitive forfeiture through this Agreement. ## 11. Misdescription, nonconformity, non-delivery, and non-waivable rights “All sales final” and “as is” do not apply to non-delivery, the wrong lot or quantity, a material factual misdescription, lack of title, fraud, a duplicate or unauthorized charge, or any right that cannot lawfully be waived. Notify XurpBid promptly through the published support channel and preserve photographs, packaging, carrier records, and other evidence. Depending on applicable law and the circumstances, a remedy may include cure, delivery of the conforming lot, cancellation, refund of the affected amount, or another remedy required by law. Any agreed limitation of remedy must remain lawful and cannot fail of its essential purpose. Nothing here limits liability for personal injury where such a limitation would be unconscionable or unlawful. ## 12. Communications and privacy reference You agree to receive transactional electronic communications reasonably necessary for account security, bid and close status, payment, invoice, pickup, shipping, delay, cancellation, and legal notices at the verified contact channel on your account. Marketing consent is separate; an unsubscribe request does not stop essential transaction or security messages. This Agreement is not a privacy notice. XurpBid must publish a separate Privacy Notice describing the categories of data processed, purposes, processors, retention, security, and applicable state privacy rights before live sales. Payment-card data is handled through the configured payment provider; XurpBid should retain only the provider references and limited card summary required for operations. ## 13. Disputes and governing law First contact XurpBid through any support method published in Business Settings so the parties can attempt an operational resolution. If no method is displayed, or if the issue is time-sensitive, use any lawful notice or dispute channel available for the payment provider, carrier, regulator, or court as applicable. An attempt at informal resolution does not shorten a statute of limitations, require arbitration, waive a jury right, prevent a regulator complaint, or require a consumer to contact XurpBid before exercising a statutory billing-error or charge-dispute right. Utah law governs this Agreement and each auction transaction to the extent that it may lawfully do so, together with applicable federal law, without displacing a consumer protection that another controlling law makes non-waivable. A proceeding may be brought in a state or federal court that has lawful subject-matter and personal jurisdiction. This Agreement does not impose mandatory arbitration, an exclusive county venue, or a class-action waiver. Nothing in this Agreement authorizes a deceptive or unconscionable act or practice prohibited by the Utah Consumer Sales Practices Act, Utah Code Title 13, Chapter 11. In particular, an “as is” or final-sale term does not excuse a false or misleading representation about a lot's sponsorship, approval, characteristics, quantity, quality, condition, or whether it is new or used. ## 14. Changes, severability, and acceptance evidence XurpBid may publish a new policy prospectively. A new version applies only after clear notice and the required electronic acceptance; it does not silently rewrite an earlier acceptance or completed sale. Auction- or event-specific commercial terms are frozen when the applicable auction is published. If a court holds a provision unenforceable, it should be enforced only to the lawful extent and severed only when doing so preserves the parties' lawful bargain. Non-waivable consumer protections, good-faith duties, and statutory remedies control over inconsistent language. The production record for this version includes its immutable policy identifier and version, exact SHA-256 content hash, publication timestamp, effective/default designation, and the authenticated owner actions that created, approved, published, and selected it. For each buyer acceptance, XurpBid should retain the authenticated accepter, acceptance timestamp and source, exact version and hash, and any event- or auction-specific policy snapshot. Under the Utah Uniform Electronic Transactions Act, the electronic record must remain accurate, accessible for later reference, and capable of retention or reproduction. ## Authoritative legal reference framework - Utah Code § 70A-2-328, Sale by auction: https://le.utah.gov/xcode/Title70A/Chapter2/70A-2-S328.html - Utah Code § 70A-2-316, exclusion or modification of warranties: https://le.utah.gov/xcode/Title70A/Chapter2/70A-2-S316.html - Utah Consumer Sales Practices Act, including deceptive and unconscionable practices: https://le.utah.gov/xcode/Title13/Chapter11/13-11.html https://le.utah.gov/xcode/Title13/Chapter11/13-11-S4.html https://le.utah.gov/xcode/Title13/Chapter11/13-11-S5.html - Utah Uniform Electronic Transactions Act, including retention and automated transactions: https://le.utah.gov/xcode/Title46/Chapter4/46-4.html https://le.utah.gov/xcode/Title46/Chapter4/46-4-S202.html https://le.utah.gov/xcode/Title46/Chapter4/46-4-S301.html https://le.utah.gov/xcode/Title46/Chapter4/46-4-S401.html - E-SIGN Act, 15 U.S.C. § 7001: https://www.govinfo.gov/link/uscode/15/7001 - FTC Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. § 435.2: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-435/section-435.2 - CFPB Regulation Z, 12 C.F.R. § 1026.13, billing-error resolution: https://www.consumerfinance.gov/rules-policy/regulations/1026/13/ Final sale: no returns, exchanges, or cancellations. Winning bids are binding.