Your use of the EquipmentOne website is subject in all respects to the User Agreement (the "User Agreement") which must be accepted by you to be a registered user of this website. By agreeing to the User Agreement, and then subsequently using this website, you are agreeing to comply with these Website Rules. We may amend these Website Rules at any time by posting the amended Website Rules on this website. Your continued use of this website after our posting of any changes will constitute your acceptance of such changes. These Website Rules govern the use of this website by all users. However, some provisions of these Website Rules apply specifically to Buyers, and some provisions apply specifically to Sellers. You are a "Seller" if you are offering, or intend to offer, Items for sale through a Lot on this website. You are a "Buyer" if you are submitting Bids on an Item in a Lot. In addition, you are subject to the “Item Information”, “Condition”, and “Terms & Conditions” sections included in the listing description for any specific Items on this website for which you submit Bids (for each Item, hereinafter referred to as the “Lot Terms”). In case of any conflict between the Lot Terms of any specific Items or Lots and these Website Rules, the specific Lot Terms shall govern. These Website Rules and any Lot Terms are intended to be for the benefit of Buyers, Sellers, and us.
When a Seller lists goods, equipment or assets ("Items") for sale on this website, the Seller represents and warrants that the Seller has the authority to sell such Items, free and clear of any liens, claims or other encumbrances. Any Item that is approved and published on the website is referred to as a "Lot." All Lots listed for sale on the website will be listed in the local currency where the Item is located, except where we agree otherwise in writing, or we are unable to do so due to internal limitations in which case U.S. dollars will be used.
Buyers and Sellers are responsible for compliance with all applicable statutes, laws, rules, regulations and ordinances, including without limitation, those pertaining to licensing, title transfer, emission standards, registration, and import/export.
We reserve the right to, and Sellers hereby authorize us to, conduct searches or use other means available, as deemed necessary by us, for the disclosure of liens and encumbrances, and to contact creditors to determine amounts of any liens and encumbrances claimed against the Items. Any lien payoffs and encumbrances claims will be paid to the lienholder from the Escrowed Funds unless specified otherwise by the lienholder. However, in no case shall we have a duty to conduct such searches, nor shall we be responsible for the result of any such searches. If liens are found on an Item, it is the Seller’s responsibility to provide to us a payoff letter from the lienholder authorizing the sale and acceptance of responsibility to release the lien after completion of the sale, and we must receive copy of the same prior to our disbursing of any funds. Notwithstanding any other provision of these Website Rules to the contrary, no Seller may agree to sell an encumbered Item below an amount sufficient to cover the amount of all outstanding liens and the Seller Document Administration Fee and any additional fees or commissions, unless the Seller has deposited with us such additional amounts as may be required to satisfy all outstanding liens and the Seller Document Administration Fee and any additional fees or commissions. If the amount owing to a lienholder on an encumbered Item is greater than the Purchase Price accepted for the Item, plus all other fees and taxes collected and all amounts due and owing by the Seller under these Website Rules, then the Seller shall be responsible to pay to us on demand any deficiency resulting from Seller’s lack of equity.
Items, the ownership of which is evidenced by a title, certificate of title or similar document (which will be collectively referred to as "Title Document"), whether or not mandated by any applicable law, will be referred to as "Titled Assets." For Titled Assets, the Seller must provide to us a legible copy of the Title Documents, satisfactory to us in our sole discretion, prior to our acceptance of the Item to be published on the website as a Lot. We may also require documentation to establish proper ownership prior to taking lots live on the marketplace.
Sellers are not permitted to advertise Items in a Lot that are not offered for sale in that Lot or in another Lot posted contemporaneously on the website. Prohibited activities include, but are not limited to, offering additional quantities of an Item or additional Items to a successful Buyer to be purchased outside of the website. We reserve the right to remove from the Lot information any advertising or solicitation for any Items that are not included for sale in the Lot or in another Lot posted contemporaneously on the website.
A Seller further agrees to use commercially reasonable efforts to supply accurate information for each Lot, and will be solely responsible for the Lot information that a Seller provides. From the information a Seller provides regarding a Seller’s Items, we will prepare and send the Seller the Lot for the Seller’s review prior to posting on this website, and if no response is received from the Seller within twenty-four (24) hours after being sent, the Lot will be deemed to be approved by the Seller, and we may publish the Lot to the website for the purpose of soliciting Bids. A Seller agrees that they will not operate or modify the Item, or permit anyone to operate or modify the Item, in any manner, after the Lot is published to the website that could make inaccurate the information that the Seller provided for each Lot.
"Listing Period" means that period of time during which a Lot has been published to the website and is available for Buyers to submit Bids. A Seller agrees that during the Listing Period the Seller will not remove the Items from the Lot. If, for any reason, a Seller refuses to complete the sale of a listed Item, they will be subjected to the Seller Default Fee described below.
During the Listing Period, the Seller may not change the Lot description without our prior approval. In very limited circumstances, we may permit Sellers to extend the Listing Period, or to add additional non-material descriptive information, such as pictures or text, or correct inaccuracies, which do not materially change the original Lot description. If material changes are needed to correct inaccuracies in a Lot description, however, the Lot will be terminated and may be subsequently re-listed as appropriate, at our discretion.
Notwithstanding the foregoing, we reserve the right to permanently withdraw any Lot from the website at any time for any reason at our sole discretion.
Every Buyer and Seller will have an opportunity to review and accept the fees that they will be charged. We may change our fees at any time; provided that no such change will affect any Lots published to the website at the time of the change. Unless otherwise stated, all fees related to a Lot are quoted in the same currency used for the listing. You are responsible for paying all fees associated with using our service and this website as well as all applicable taxes. We reserve the right to use a collection agency to collect any outstanding fees, and other applicable charges, including any costs of collection, and other amounts owed to us, and to report any unpaid payments to credit reporting agencies.
For Items sold by a Seller on the website, the Seller will pay us a commission (deducted from the escrowed Purchase Price) as agreed to by the Seller. "Purchase Price" means the accepted Bid for an Item.
For any Lot submitted by a Seller, we may charge the Seller a non-refundable Listing Fee, which must be paid by the Seller prior to submission of the Lot to us.
We may charge the Seller a fee, per Lot, to assist in the payoff of any outstanding liens or encumbrances against an Item. The fee is applicable to each Item with a lien or encumbrance. and will be withheld from the escrowed Purchase Price at the time of disbursement.
A Seller will be placed in default for failing to comply with the Lot Terms, the User Agreement or these Website Rules, and must pay us a Seller Default Fee. Specifically, but without limitation, a Seller will be placed in default for (i) removing the Item from the Lot during the Listing period, (ii) failing to deliver the Item to the winning Buyer by the Removal Deadline stated in the Lot Terms, (iii) making any misrepresentation or taking or failing to take any action that results in compensation being due to the Buyer. If a Seller defaults during the Listing Period, the Seller will pay us a Default Fee of 25% of the highest Bid, with a minimum of $100, per defaulted lot. If a Seller defaults after the Bid has been accepted, then the Seller will pay us a Default Fee of 25% of the Purchase Price, with a minimum of $100, per defaulted lot. If the Seller defaults by making a misrepresentation or taking or failing to take action that results in compensation being due to the Buyer, in addition to the Default Fee defined by this section, the Seller will owe us a Seller’s Commission calculated on the original Purchase Price, without reduction for the amount of compensation paid to the Buyer. We shall have the right to withhold the amount of the Default Fee and any refunds from the Escrow Funds of the sale. We reserve the right to terminate any other Seller Lots at our discretion.
For any Lot for which the Buyer’s Bid is accepted, the Buyer agrees to pay us a Buyer’s Premium Fee that is either (1) a percentage of the Purchase Price for such Items or (2) a flat amount. The Buyer’s Premium Fee for each Lot is disclosed either in the Lot Terms for the Lot or in the Buyer’s Bid confirmation box when the Buyer enters a Bid for the Item.
If the successful Buyer does not pay the Purchase Price, Buyer’s Premium Fee, and other fees and amounts (including taxes, if any) to us by the specified deadline in their Invoice, then, in addition to any other remedies available to us or to the Seller, the Buyer must pay to us a late fee that will be shown on the invoice.
A Buyer will be placed in default for failing to comply with the Lot Terms, the User Agreement or these Website Rules, and must pay us a Buyer Default Fee. Specifically, but without limitation, a Buyer will be placed in default for (i) failure to make full payment of the Purchase Price, the Buyer’s Premium Fee, and the Buyer Late Fee, and any other related fees and taxes, if applicable, within five (5) business days after acceptance of the successful Bid, or (ii) failure to either remove the Items or assume control of the Items by the Removal Deadline stated in the Lot Terms. Pending payment of the Buyer Default Fee, the defaulting Buyer will be barred from placing a Bid on any other Lots on this and any other affiliated EquipmentOne website. The defaulting Buyer may be subject to other claims, damages and liabilities to the Seller and to us, including, but not limited to, any accrued storage fees, and payment of the difference in sale price in the event we must re-list the Item and the resale results in a lower winning Bid amount for the Seller. The Buyer authorizes us to withhold any default fees and other applicable charges from monies previously paid by the Buyer, on the Buyer’s behalf or subsequent to the Buyer being placed in default, at our sole discretion. Buyers that are placed in default on three (3) separate occasions in a twelve (12) month period may be subject to a one (1) year ban from placing a Bid on any Lot on this and any other affiliated EquipmentOne website. Should a Buyer be banned from the marketplace, all outstanding charges and fees must be paid in full prior to reinstatement. Notwithstanding the foregoing, we, at our sole discretion, may permanently ban or deactivate any Buyer for any reason.
The Buyer Default Fee will be 10% of the accepted high Bid of the Lot, with a minimum of $100 per defaulted Lot and a maximum of $2,000 per defaulted Lot.
During the Listing Period, Buyers are invited to submit Bids for listed Items. Buyers can only submit Bids higher than Bids already made. Buyers may not submit Bids that include changes to the Lot Terms or other terms of sale. The leading Bid amount, next minimum Bid required and a detailed Bid history for the Lot is displayed to all users. For any completed Lot, the successful Bid is displayed, but the successful Buyer`s identity is not publicly disclosed on our website.
On each Lot, the Buyer will choose how to submit their Bid, either as a "Max Bid", an "Exact Bid", or, if available, a Buy It Now Bid.
3.2.1. Max Bid: When a Buyer submits a Max Bid, the system will automatically submit Bids on behalf of the Buyer until either the Buyer’s Bid is the highest Bid, in accordance with the required published increments, or the Buyer’s Max Bid has been reached, whichever comes first. We reserve the right to stop the Max Bid from incrementing, at the last entered Bid, if the Buyer is placed in default, deactivated or otherwise violated the User Agreement, these Website Rules, or any Lot Terms.
3.2.2 Exact Bid: When a Buyer submits an Exact Bid, the system will place that Bid at the exact price submitted by the Buyer. The Exact Bid must be at least the minimum required Bid increment and higher than the leading high Bid.
3.2.3 Buy It Now Bid: For each Lot, the Seller may publish a "Buy It Now Price." If a Buyer submits a "Buy It Now Bid" equal to the Buy It Now Price, the Seller is obligated to accept the Buy It Now Bid and complete the sale. A Buyer that submits a Buy It Now Bid will immediately end the Listing Period. For any Lot, the Buy It Now Price may be withdrawn at any time during the Listing Period so long as no Buyer has submitted a Buy It Now Bid equal to the Buy It Now Price. After the Buy It Now Price has been withdrawn, Buyers will not be permitted to submit a Buy It Now Bid.
Every Lot will have a Dynamic Closing interval. This interval will vary from Lot to Lot and will be published in the Bid console. Any market leading Bid, or Bid that matches the market leading Bid, by a Buyer within the Dynamic Closing interval will cause the Lot Period to be extended. The new closing time will be established by adding the Dynamic Closing interval to the time of the market leading Bid submission. There is no limit to the number of times a Lot may be extended in this situation.
The "Bid Acceptance Period" is defined as the period from the end of the Listing Period to the acceptance of the Bid.
If the Seller has committed to sell the Item, as evidenced by the wording "Reserve Met" on the Lot, at the end of the Listing Period the highest Bid will automatically be accepted, the Buyer that submitted the highest Bid will be the successful Buyer, and the Bid Acceptance Period will end immediately. Likewise, if the Buy It Now Price has been met with a Buy It Now Bid, the Listing Period will end, the Buy It Now Bid will automatically be accepted, the Buyer that submitted the Buy It Now Bid will be the successful Buyer, and the Bid Acceptance Period will end immediately. Once a Bid has been accepted, both the successful Buyer and the Seller are obligated to complete the sale.
At the close of the Listing Period, if the Item does not say "Reserve Met", then the Seller is not obligated to accept any Bids received on the Lot. In this case, the Seller does have the right to accept the highest Bid which was submitted on the Lot, or the Seller may reject all Bids. The amount of time during the Bid Acceptance Period allotted to the Seller to review and either accept or reject Bids is usually two (2) business days, and will usually be included in the Lot Terms. If the Seller rejects the Bids, the Seller may not re-list the Item on the website for a period of fourteen (14) days after the end of the Bid Acceptance Period of the Lot. Once the Bid Acceptance Period has expired, the Buyer is no longer obligated to purchase the Item. However, if the Bid Acceptance Period expires, and the Buyer subsequently agrees to purchase the Item at their high Bid, then the Buyer is obligated to fund and complete the transaction.
All Bids submitted by Buyers on listed Items are legally valid and binding. Bids are binding from the time of submission through the end of the Bid Acceptance Period. If a Buyer`s Bid is accepted, the Buyer is obligated to complete the transaction. Buyers agree that submitting a Bid for Items listed for sale on this website is the legal equivalent of a firm purchase order.
A Buyer may not retract a Bid once it is submitted. Buyers should carefully review their Bids prior to submitting them. If a clear typographical error is made, the Buyer must immediately notify us by telephone. Notifications must be received no later than one hour after the erroneous Bid is placed. We reserve the right to approve or deny any Bid retraction requests, and a retraction may result in default proceedings against the Buyer.
When a Buyer places a Bid on a Lot, the Buyer is accepting and agreeing to the Lot Terms. In addition to the Lot Terms, certain Sellers may require a Buyer to accept and agree to a Seller Sales Agreement or Bill of Sale (collectively, "Seller Sales Agreement") that is a contract between the Buyer and the Seller. In the case of a Lot that requires agreement to a Seller Sales Agreement, the Buyer will be presented the Seller Sales Agreement at the time of Bid submission. It is solely the Buyer’s responsibility to read and understand the terms of the Seller Sales Agreement. When a Buyer confirms a Bid and accepts the terms of any required Seller Sales Agreement, this action constitutes an electronic signature, which is fully binding and is as enforceable as original signatures written on actual paper.
We reserve the right to reject or void any Bids which we believe have not been made in good faith, are intended to manipulate the Bidding process, or are prohibited either by applicable law or the Lot Terms for such Lot. A Bid that is voided may result in default proceedings against the Buyer.
The Question and Answer board is provided as a means to allow Buyers and Sellers to clarify Lot information or to gain additional information about the Lot. We retain the right to moderate any Question and Answer, and refuse to post the message to the website. We may provide an Answer if the Question is already available in the Seller provided information. We will request an Answer from the Seller, if appropriate; however the Seller is responsible for deciding whether to provide an Answer and is solely responsible for the information provided in the answer. We make no representations or warranties that questions submitted to the Question and Answer board will be answered. Any Question that is answered, and approved to be posted by us, will be publicly displayed for all registered users. Buyers and Sellers will not use the Question and Answer board to negotiate additional terms or to attempt to transact outside the website. Buyers are cautioned not to include any personal information when submitting questions. We reserve the right to modify questions prior to publishing questions and any answers on the website.
If a technology malfunction materially affects the outcome of a Lot, We reserve the right to void the Lot. Should a technology malfunction result in Buyers being unable to access the site for purposes of reviewing Lots or placing Bids on Lots, we, in our sole discretion, reserve the right to extend the Listing Period, re-open closed Lots, or otherwise modify Lots on the site so as to ensure a fair and transparent marketplace for all participants.
Sale price manipulation of any kind by users is strictly prohibited, including, without limitation, placing a Bid through a secondary account or other party, by communicating with other Buyers, or by placing a shill Bid. Buyers or Sellers who do not act in good faith or otherwise subvert the integrity of our marketplace on this website are subject to Default Fees, suspension, and termination of use. Sellers may not place Bids, directly or indirectly, on their own Lots. We reserve all of our rights, including without limitation contractual, legal, equitable and statutory rights, against any users that violate this section. We will pursue all remedies, including without limitation damages, injunctive relief, and attorney fees and costs, against any user that violates this section.
We may choose to limit a designated Lot to pre-qualified Buyers who may be required to place a specified amount on deposit with us, or otherwise meet certain business requirements identified by the Seller, prior to being authorized to submit Bids on the Lot. Prior to being invited to place a Bid on such Items, Buyers may be required to pay the deposit amount to us by wire transfer. We, in certain circumstances, and our sole discretion, may charge the Buyer’s credit card as a means of entering the deposit, provided, however, that the Buyer provide written authorization to do so. Additional qualifications will be described in the Lot Terms. Only pre-qualified Buyers will be allowed to place Bids during the Listing Period. At the end of the Listing Period, we will promptly return the deposit, if any, to all unsuccessful Buyers, less any amounts that may be owed to us. If the successful Buyer for a Lot defaults by failing to pay the Purchase Price, Buyer’s Premium Fee, and all other fees, taxes and assessments, if any, the deposit amount of such Buyer will be forfeited and the Seller may exercise such other rights and remedies as are available under applicable law. In the event of such default, Buyer will remain liable to us to the extent that the Default Fee described above exceeds the deposit amount.
At the conclusion of the Listing Period and upon the acceptance of the successful Bid by the Seller, we will promptly e-mail the successful Buyer on behalf of the Seller an Invoice to the Buyer`s registered e-mail address. The successful Buyer may also view the Invoice in their MyOne account. The successful Buyer is required to pay the Purchase Price, Buyer’s Premium Fee, and other fees and taxes, if any, to us prior to the deadline specified in the Invoice (generally within three (3) business days of the Bid acceptance). We will act as escrow agent to hold such funds in escrow (the "Escrow Funds") in a separate and segregated bank account used for all funds collected from successful Buyers. We shall be entitled to hold the Escrow Funds in an interest-bearing bank account and shall be entitled to the interest accruing thereon, without any duty to account for the interest to Buyers or Sellers.
Each Lot will have a scheduled removal deadline set forth in the Lot Terms (the “Removal Deadline.”) The winning Buyer is required to remove the Items from the location identified on the Release Document on or before the Removal Deadline. The Buyer is deemed to assume control of any and all Items which are not removed from the location by the Removal Deadline, and is responsible for coordinating any storage or extended removal logistics directly with the location if not removed by the Removal Deadline. Buyer and Seller agree to work collaboratively to facilitate a timely and professional removal process. Buyer agrees that the Removal Deadline is a material term of their agreement concerning the use of the website and any Lot in which Buyer submits a Bid. Buyer further agrees that their failure to either remove the Items or assume control of the Items by the Removal Deadline will be a material breach of Buyer’s agreement with both us and Seller, and will subject Buyer to the Buyer Default Fee, as well as possible storage fees and administrative fees, as appropriate.
For each Lot, upon the Buyer’s payment of the Purchase Price, Buyer’s Premium Fee, and other fees and taxes, if any, due to us, we will e-mail the successful Buyer, Seller, and, if necessary, the storage location a release document ("Release Document"). This document must be signed and returned to us by both Buyer and Seller indicating successful removal of the Items. Failure to return a signed Release Document may result in us not releasing to the Buyer documents, such as a Title Document, or proceeds from the sale to the Seller.
If the Seller, storage location, or other party notifies us that the Buyer has failed to remove the Items or make arrangements for alternate storage or an extension by the Removal Deadline, the Buyer will be placed in default, and will be subject to the Buyer Default Fee and applicable Buyer default rules noted above. In addition to the Buyer Default Fee, the defaulting Buyer will forfeit all rights to the Items (which may be resold to a third party by the Seller) and may be subject to other claims, damages and liabilities to the Seller and to us, such as storage fees, administrative fees, the amount of any reduction in sales price upon resale of the Items by the Seller, and any applicable fines. Pending payment of the Buyer Default Fee and any other assessed claims, damages, liabilities, and fees, the defaulting Buyer will be barred from submitting a Bid on any other Lots on this and any other affiliated EquipmentOne website.
The Buyer authorizes us to distribute to Seller, or Seller`s designee, the Escrow Funds (less our agreed commission, any agreed fees for other services, if applicable, the amount required to discharge and satisfy all charges, liens, claims and encumbrances against the Items, any Default Fees, any Buyer refunds, and any applicable taxes payable on our services) after the Dispute Initiation Period (defined in section 4.6.2 below) has passed. Any deviation from the foregoing requires prior written approval from the Buyer, Seller and us. Once we disburse the Escrow Funds in conformity with the requirements of these rules, we shall be relieved of all further liability with respect to the Escrow Funds, and the Buyer and Seller must deal directly with each other concerning the Escrow Funds. We will not release any Escrow Funds while there is a valid, pending and unresolved Dispute related to the Lot. We will not consider any Dispute valid if the Buyer has not complied with the rules regarding Disputes set out in section 4.6 below. We will also not release any Escrow Funds if there is insufficient equity in the Lot to pay all the deductions permitted by these Website Rules until such time as we receive evidence from the Seller satisfactory to us, in our sole discretion acting reasonably, that the Seller has made or will make adequate provision to satisfy the deficiency in respect of such Lot. If Seller fails to do so in a timely manner, we may collapse the transaction and the Seller will, in addition to other remedies available to us, be subject to the Seller Default Fee. The Seller hereby acknowledges and agrees that if the transaction is collapsed and the Buyer is required to return the Item to the Seller, the Seller will be responsible to reimburse to the Buyer for the reasonable costs incurred by the Buyer to transport the Item or arrange for other logistics services, in each case associated with removing or returning the Item.
If the Buyer notifies us that the Seller did not make the Items available by the scheduled Removal Deadline, we will notify both parties and refund the Escrow Funds to Buyer within ten (10) days after we send the notice, if the parties cannot agree to a removal schedule. In the event that we refund the Buyer in accordance with this section, the Seller will pay the Seller Default Fee, in addition to any other fees we would have earned had the transaction completed.
Not all Items are Titled Assets and not all transactions will result in the transfer of a Title Document. Buyers must review the Lot Terms to determine whether the transfer of a Title Document is applicable. For Titled Assets the transfer of the Title Document may occur as follows:
4.5.1. Unless otherwise noted in the Lot Terms, the Seller will convey the Title Document to the Buyer at the time of removal of the Item. If the Buyer chooses to have a removal or transport agent remove the Item on their behalf, the Seller may provide the Title Document to Buyer’s agent at the time of removal. If the Buyer or Buyer’s agent misplaces or loses the Title Document, neither we nor the Seller is responsible for replacing the Title Document. In some instances, the Seller may be willing to request a duplicate, but it is not guaranteed, and any costs for such duplicate will be responsibility of the Buyer. No compensation for delays will be provided.
4.5.2. In certain circumstances, and as disclosed in the Lot Terms, we will hold the Title Document until the Buyer completes all the requirements of the Lot Terms and these Website Rules. Title Documents we send to Buyers will be placed, by default, into the registered company name of the Buyer as shown exactly on their registered user account record. Buyers are solely responsible for ensuring that their registered user account information is accurate. If a Buyer’s registered account does not have a company name, then the title will be placed into the Buyer’s personal name, as it is noted in their registered user account. Buyers who register with a company name but desire to take title in their personal name must notify us in writing by sending their request to firstname.lastname@example.org within 5 days of being invoiced. The email must reference the Lot number and provide specific instructions on how you desire title to the unit to be taken. Title Documents will not be sent to the Buyer unless and until we have received a Release Document, executed by the Buyer and the Seller, which serves as evidence that removal of the Titled Asset has occurred. The Buyer must also provide any other documentation required in the Lot Terms, including but not limited to a fully executed Equipment Sales Agreement, export documentation, etc. Title Documents will not be conveyed to the Buyer until all required documentation is received from the Buyer. Buyers are required to send all necessary documentation to the attention of our Title Clerk in a timely manner to receive the Title Document. If the Buyer fails to return all completed documentation within 30 days of the Removal Deadline, we may dispose of the Title Documents, after which time the Title Document will no longer be available to the Buyer.
In lieu of Title Documents, certain transactions may result in the Seller providing a Bill of Sale to the Buyer. The Buyer is responsible for providing an executed Release Document, along with any other additional documentation which might be required, including, but not limited to, a fully executed Equipment Sales Agreement and export documentation in order to obtain the Bill of Sale. Buyers should review the Lot Terms to understand the necessary requirements which must be met before a Bill of Sale can be provided.
When an Item that would normally be sold with a Title Document is sold with a Bill of Sale only, the Lot Terms will state: “No title is available. The item(s) will be sold with a Bill of Sale only.”
Any improvements or repairs made to the Item by the Buyer prior to receiving the Title Document or Bill of Sale are made at the Buyer’s own risk. We will not be held accountable for any costs incurred by the Buyer if they fail to return all completed documentation within 30 days of the Removal Deadline or if the Seller or mailing service mishandles the Title Document or Bill of Sale Transfer Process.
If for any reason a title is unable to be provided to the Buyer in accordance with the applicable Lot Terms or these Website Rules, the Buyer and Seller may agree to a partial refund and the Buyer may keep the Item, or the Buyer and Seller may agree to a full refund of the Purchase Price including Buyer’s Premium Fee and the Buyer must return the Item to the Seller. The Buyer will not be compensated for any expenses, costs, repairs, or improvements made to the Item after the time of purchase.
The Seller is solely responsible for ensuring it complies with all applicable laws, rules, and regulations governing the sale or transfer of Titled Assets with or without a Title Document. The Buyer is solely responsible for ensuring it understands the necessary requirements to title or register Titled Assets it intends to purchase and complies with any applicable laws, rules, and regulations governing the same. Any information obtained by the Seller or Buyer from us in respect of selling, transferring, titling, or registering Titled Assets is for informational purposes only and should not be relied upon without seeking independent legal or professional advice. Both the Buyer and Seller hereby release and hold us harmless from any liability whatsoever arising out of: (i) either party’s failure to comply with any laws, rules, or regulations governing the sale, transfer, or registration of Titled Assets, (ii) an inability on the part of the Buyer to title or register, or subsequently sell or transfer, a Titled Asset purchased through the website, or (iii) a Seller’s failure to deliver a Title Document or Bill of Sale pursuant to these Website Rules or applicable Lot Terms. THE RELEASE AND HOLD HARMLESS PROVISIONS OF THIS PARAGRAPH SHALL APPLY EVEN IF OUR LIABILITY IS CAUSED IN WHOLE OR IN PART BY OUR OWN NEGLIGENCE, GROSS NEGLIGENCE, STATUTORY LIABILITY, OR STRICT LIABILITY.
4.6.1. Triggering the Dispute Resolution Process. Prior to expiration of the Dispute Initiation Period and subject to the terms and conditions contained in this section 4.6, a Buyer may notify us that an Item purchased was materially misrepresented by the Seller if the Item received by the Buyer does not materially correspond to the description provided in the Item’s online listing page at the time the listing expired (a “Dispute”). If a Dispute is initiated by a Buyer in accordance with this section 4.6 and accepted by us, we will investigate the matter and help facilitate a resolution with the Seller through our dispute resolution process. Acceptance of a Dispute as properly initiated and the review and adjudication of a Dispute pursuant to our Dispute resolution process will at all times be at our sole discretion. If, in our opinion, a Buyer is abusing the Dispute resolution process, we reserve the right to suspend (indefinitely or otherwise) the Buyer’s ability to engage such process.
4.6.2. Reporting a Dispute. The Buyer must initiate the Dispute by completing and submitting the online Dispute form in the Buyer’s MyONE account page. In each case, the Dispute must be initiated prior to 5:00 PM (Eastern Time) on the second calendar day after the earlier of: (i) removal of the Item, or (ii) expiry of the scheduled Removal Deadline regardless of whether the Item has been picked up by such date (the “Dispute Initiation Period”). Buyer’s using a removal or transport agent will not be granted a time extension for initiating a Dispute. We will not accept any Dispute initiated after expiry of the foregoing time period, unless the Buyer and Seller agreed to extend the scheduled Removal Deadline and the Buyer notified us prior to the Dispute Initiation Period expiring, in which case, the Dispute Initiation Period will be extended to 5:00 PM (Eastern Time) on the second calendar day after the new agreed upon removal date.
4.6.3. Conditions to Determination of a Dispute. Without limiting any of the other terms and conditions contained in this section 4.6, our determination of a Dispute is conditional upon: (i) the Buyer completing the transaction by paying their invoice in full and obtaining a valid Release Document; (ii) the Item being available for inspection at our request; (iii) no other resolution method having been triggered by the Buyer (such as litigation or requesting a chargeback from their payment provider); (iv) the Buyer providing us with tangible evidence to our satisfaction documenting the misrepresentation being complained of; and (v) the Buyer providing any additional documentation we request within three business days of a request being made, such as photos, quotations or invoices for monies spent.
4.6.4. Restrictions on Use of Item. During the period that we are adjudicating a Dispute, the Item in question may not be sold, exported, rented, leased, repaired, enhanced or dismantled in any manner whatsoever, and may only be used by the Buyer or its designee to the limited extent necessary to load/unload the Item and to verify whether it corresponds with its online listing description displayed at the time the listing expired.
4.6.5. Exclusions to Dispute Resolution Process. A Dispute will be ineligible for our adjudication if:
4.6.6. Adjudication. Upon determination that an Item has been materially misrepresented, we may collapse the transaction and ask the Buyer to return the Item to the Seller. Where an Item is returned to the Seller, it must be in the same condition in which it was received by the Buyer and returned at the same location specified in the listing unless we otherwise notify the Buyer. If the Item is a Titled Asset, then the accompanying Title Document must be returned to us or the Seller in the condition in which it was received. After confirming that the Item has been returned to the Seller and, where applicable, we or the Seller are in receipt of the Title Document, the Buyer will be entitled to a refund of the full purchase price of the Item. In no event will the Buyer be entitled to a refund of the transportation or logistic costs associated with removing or returning the Item. In some instances, the transaction may not be collapsed and the Item not returned to the Seller. In these circumstances, with the parties’ consent, a Buyer may receive a partial refund, future credit, a replacement part or some other agreed upon form of compensation. Notwithstanding the foregoing, the initiation of a Dispute or acceptance by us as a properly initiated Dispute does not guarantee the Buyer will receive any form of compensation whatsoever. All determinations regarding a Dispute will be at our discretion and be final in nature. We reserve the right to waive or extend any Dispute requirements or time periods in our sole discretion, which waiver or extension will only be valid if given in writing. No such waiver or extension will be deemed or construed to apply to any future Dispute or waive a Buyer’s strict compliance with any other terms and conditions contained in these Website Rules.
In any sale on this website, the Buyer and Seller are responsible for determining whether sales, use, VAT, GST, IVA, transfer, ad valorem or other similar taxes of any taxing authority apply to the transaction and to collect, report and remit the correct tax to the appropriate tax authority. Unless otherwise agreed with the Seller, we are not obligated to determine whether any such taxes apply and are not responsible for collecting, remitting or reporting any such taxes arising from any transaction. Invoices to Buyers may contain taxes. When tax is due, Buyer is required to remit the stated tax. Failure to pay tax may result in Buyer being placed in default, and if applicable, deactivated.
The Buyer is solely responsible for making sure a legible copy of any applicable exemption certificate is submitted to us, and that the exemption certificate on file with us is current and applies to the Item the Buyer is purchasing from the Seller. Failure to supply us a current exemption certificate will result in the Buyer being charged applicable tax on the Invoice. At the time of Bid Acceptance, if the Buyer does not have a valid and current exemption certificate on file with us, the Buyer must pay the tax on the Invoice and is solely responsible for seeking reimbursement of the tax from the taxing authority.
Sales, Use, VAT, GST, IVA, transfer, ad valorem or other similar taxes of any taxing authority may be applicable to all sales unless the Buyer can provide their resale certificate at the time of purchase. If Buyer is exporting the item(s), export documentation must be submitted within 10 days after the Removal Deadline to have the applicable tax refunded. If the documentation is submitted after the requested deadline, we may require, at the sole responsibility of the Buyer, the Buyer to recover the tax directly from the appropriate taxing agency.
By submitting to us any tax exemption certificate, export documentation or other documents for the purpose of avoiding the assessment or payment of any tax, duty, assessment, or fee, the Buyer represents and warrants to us that (1) such documents are accurate, complete and applicable to the purchase for which they are submitted; (2) the Buyer is entitled to the tax or other exemption being claimed, and (3) the Buyer is not submitting the documents for any illegal or unlawful purpose. The Buyer agrees to indemnify us for any breach of any representation or warranty contained in this section, which indemnity obligation shall include without limitation all damages, fines, penalties, interest, attorney’s fees and costs suffered or incurred by us.
It saves an awful lot of work on our end – being able to list an item on just one site and knowing that it will get a lot of attention from the kind of buyers we're looking for."
Jesse Wheeler– Vice President of Wheeler Truck Sales and Service. Kansas City, MO
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