USING THE SOUTHERN COMPANY POWER OUTLET: While using the Site, you will not:
• use the Site if you are not able to form legally binding contracts, are under the age of 19 or are suspended from our Site; • fail to deliver payment for property purchased by you; • distribute viruses or any other technologies that may harm the Site; or • collect information about users, including email addresses.
The Host may limit, suspend, or terminate service of the Site, accounts, prohibit access to the Site and take technical steps to keep users off the Site if users are creating problems or otherwise violating this Agreement.
Key concepts about the Southern Company Power Outlet:
The following key points will help you understand a little bit more about how the Site operates:
• When you buy property on the Site, you are buying from a Seller. You are not buying from the Host. • The Host is an agent for bringing together buyers and the Sellers. The Host does not buy or sell anything directly.
Basics of how auction-style listings work:
Search or browse a Seller to find an item of property you're interested in buying.
Review the entire listing and decide if you wish to compete in this auction. Some things to note are:
• When it ends (always in Central Time) • How many bids have already been placed on the item • Amount of the current high bid • The description (and possibly picture) of the item of property
The Site uses a confidential, automatic bidding system called “Deputy Bid” to make bidding more convenient and will bid on your behalf up to your maximum. Enter your bid with the maximum amount you would be willing to pay for the item of property. The Host will then enter the lowest possible bid on your behalf in order for you to be the high bidder. The Host will automatically raise your bid only as much as is needed for you to remain the high bidder. (Bids will be raised in $ ______ increments only.) This means that you may win an item of property for less than your maximum bid, but you can also be outbid if someone else enters a higher maximum bid.
If you are the highest bidder when the auction ends, you win the auction. As the winner, you are obligated to buy the item of property for the winning bid price.
Select a Seller under the “For Auction” heading and search for property listed by the Seller by choosing a property category or by using the “search” function. Once you find an item of property you are interested in, it's easy to place a bid. You may browse the bidding history of the item by clicking on “Bid History” button located on the listing page. The “Bid History” page will rank the bids that have been placed, state the time and amount of each bid and state if the “Deputy Bid” function was utilized.
Once you have carefully reviewed the item listing enter your email address, password and maximum bid. Click the “Place Bid” button.
If you are the highest bidder the next screen will state either “Highest Bid” or “Bid Successfully Placed”. If you have been outbid the next screen will state “You have been outbid!” and will state the new current minimum bid.
You'll get an email confirming your bid. And at the end of the auction, you'll receive another email indicating whether you've won the item, with contact information for the Seller so that you may arrange a pick-up time and payment method.
When you are the winning bidder, you are obligated to pay the high-bid price for the item of property. Retracting bids is not allowed on the Site.
Basics of “for sale” listings:
Accessing the “for sale” list is easy. Select a Seller under the “For Sale” heading then search for a desired item of property by choosing a property category or by using the “search” function. The fixed price for each item will be on the listing. Once you have selected an item click “Add to Cart” and a new screen with all of your selected items will appear. You may then “Continue Shopping” or “Checkout”. If you choose to checkout you will be prompted to enter in your mailing address and payment information in two screens. You will have an opportunity to review your order, thereafter you may confirm your order by clicking “Confirm”. An order number will be provided at confirmation.FEES AND SERVICES:Registering on the Site and bidding on property listed is free.LIABILITY OF HOST: If Buyer has a dispute with any Seller, whether one or more, Buyer releases the Host (and its officers, directors, employees, and agents) from any claims, demands and damages (actual or consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes. Buyer acknowledges that the Host does not transfer legal ownership of Property but only provides a website as a venue for any of the Sellers to offer and sell property in a fixed price format and an auction-style format. The Host is not involved in the actual transaction between the buyer and Seller(s).
The Host, to the extent legally permitted, excludes all implied or express warranties, terms or conditions and does not guarantee the quality, safety or legality of Property offered for sale. The Host is not liable for any loss of money, goodwill or reputation, or any special or consequential damages arising out of the use of the Site.
Buyer acknowledges that no agency, partnership or joint venture relationship is intended or created by this agreement with the Host.
TERMS OF SALES: Upon the sale of property, each Seller will sell and assign to the buyer all of Seller’s right, title and interest in and to the property.
ANY PROPERTY PURCHASED THROUGH THE SITE WILL BE TRANSFERRED “AS IS, WHERE IS” AND “WITH ALL FAULTS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE MERCHANTABILITY, VALUE, TITLE, CONDITION, SALABILITY, OBSOLESCENCE, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR WORKING ORDER OF THE PROPERTY. THE SELLERS EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY PROPERTY FOR ANY PARTICULAR PURPOSE. SELLERS MAKE NO WARRANTY THAT ANY PROPERTY OR ANY PART THEREOF IS FREE OF ANY CLAIM OF ANY THIRD PARTY FOR INFRINGEMENT OF ANY PATENT OR OTHERWISE.
Risk of loss, destruction or damage of or to the Property shall pass from Seller to buyer upon Buyer taking possession of the Property. Seller shall have no duty of care or any obligation with respect to the Property.
PAYMENT: Buyer must contact Seller within twenty-four (24) hours of auction end, and make arrangements for payment at that time. If no contact is made within twenty-four (24) hours Seller reserves the right to re-list the Property, sell it to the next high bidder, or sell it otherwise. Payment shall be accepted by wire transfer [please see wire transfer instructions], cashier’s check or money order. Personal checks will not be accepted unless Buyer has made advance arrangements with the Seller. Cash, credit and debit cards will not be accepted under any circumstances.
Any sales or other taxes, whether federal, state or local, arising from or in connection with the sale of the Property or performance of a Sale or transportation of the Property shall be paid by Buyer (except Seller’s income taxes).
LIABILITY AND INDEMNIFICATION OF HOST AND SELLER: Buyer agrees to indemnify, hold harmless and defend Host and Seller (and Host’s and Seller’s officers, directors, agents, subsidiaries and employees) against all losses, claims and liabilities, including attorneys’ fees, arising out of or resulting from the sale, transfer, possession, transportation, storage, installation, maintenance, operation or use of the Property.
PICK-UP OF PROPERTY: Buyer shall be responsible for Property pick-up or arranging shipping of the Property from Seller’s premises at Buyer’s expense during Seller’s normal business hours in accordance with the date to be determined by Seller. Buyer shall make pick-up arrangements with Seller within 24 hours of award. If such Property is not so removed from Seller’s premises by the agreed upon time, Seller may remove the Property at Buyer’s expense or resell the Property to another party free of any interest of Buyer.
When Buyer’s employees, contractors or agents are on Seller’s premises, all such employees, contractors and agents shall comply with and be bound by such reasonable rules, policies and procedures as may be adopted by Seller from time to time with respect to Seller’s premises and persons on Seller’s premises and shall execute and deliver to Seller such related forms and releases as Seller shall require in connection therewith.
REPRESENTATIONS AND WARRANTIES: Buyer warrants that if any Property is inscribed with Seller’s or its affiliates’ markings, logos or other inscriptions, Buyer shall not by any action or other means cause or allow the Property to be associated with the Seller or its affiliates for any purpose whatsoever. The presence of such logos, inscriptions or other markings on the Property shall in no way limit, alienate, transfer or otherwise diminish any of Seller’s or its affiliates rights in such markings, logos or inscriptions whether by copyright, trademark, patent or otherwise. Buyer agrees not to resell the Property unless all of Seller’s and its affiliates’ markings, logos and other identification shall have first been removed.
Buyer agrees that neither Host nor Seller has made any representation, warranty, statement of fact or promise or expression of opinion to Buyer with regard to the Property, and is not now and was not heretofore under any duty to do so. Buyer has confirmed to its satisfaction that the Property does not consist of or include any hazardous materials or hazardous waste. Buyer agrees that neither Host nor Seller has provided any description, model or sample of the Property.
The person bidding on behalf of Buyer warrants that he or she is duly authorized and has full power to execute a purchase for Buyer.
GOVERNING LAW: Each sale shall be governed by the laws of the State of the individual Seller’s principal place of business as follows: sales by Alabama Power Company shall be governed by Alabama state law, sales by Mississippi Power Company shall be governed by Mississippi state law, sales by Georgia Power Company shall be governed by Georgia state law, sales by Gulf Power Company shall be governed by Florida state law.
NOTICE: Notices shall be served on Seller at:
Gulf Power: Mailing Address: One Energy Place Bin 310 Pensacola, FL 32520
Street Address: 55 North Q Street Pensacola, Fl 32505
Alabama Power: Mailing Address: Alabama Power Company 7N-0304 Investment Recovery Department P. O. Box 2641 Birmingham, AL 35291
Street Address: 600 North 18th Street Birmingham, AL 35203
Mississippi Power: Mailing Address: Mississippi Power Company 2992 West Beach Blvd Bin 4079 Gulfport, MS 39502-4079
Warehouse Street Address: 2908 28th Street Gulfport, MS 39501
Georgia Power: Mailing Address: Georgia Power Company 62 Lake Mirror Road BIN 50025 Forest Park, Georgia 30297
Warehouse Street Address: Georgia Power Company/ Asset Disposition 212 Lake Mirror Road Forest Park, Georgia 30297
Southern Company Services, Inc. Mailing Address: Southern Company Services, Inc. 62 Lake Mirror Road BIN 50025 Forest Park, Georgia 30297
Warehouse Street Address: Southern Company Services, Inc./ Asset Disposition 212 Lake Mirror Road Forest Park, Georgia 30297
Seller shall serve notice at Buyer’s address provided at registration.
ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement between Buyer, Seller and Host with respect to the Property and the Site, and all prior communications or agreements concerning the Property or the Site are hereby declared suspended by this Agreement. The terms and conditions contained herein shall prevail notwithstanding any variance with the terms and conditions of any printed purchase order or other documents submitted by Buyer with respect to the Property or the Site.
AMENDMENTS: Host may amend this Agreement at any time by emailing the amended terms to registered Buyers. All amended terms automatically take effect thirty (30) days after they are initially emailed to Buyer.