Terms and Conditions
(Supersedes all previous publication)
Last revised August 24, 2023
In using this website you are deemed to have read and agreed to the following terms
and conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE REGISTERING ON THE BID-ON-EQUIPMENT.COM,
INC. (“BOE”) WEBSITE. BY REGISTERING WITH THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BOE
reserves the right to update or modify these Terms and Conditions at any time without
prior notice to User.
ALL USERS AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS.
BOE shall not be responsible for a User’s access or use of BOE’s website, and the
lack of a User accessing or using BOE’s website shall in no way relieve the User
of liability for any issues which may arise based on modification of such terms
contained therein.
GENERAL TERMS AND CONDITIONS FOR
ALL USERS OF BID-ON-EQUIPMENT.COM, INC.
BOE provides an online listing service, and acts as an intermediary to facilitate
the sale of used items, (the “Items”) listed on, BOE's website, between Buyers and
Sellers (a “Transaction”) At no time does BOE assume ownership of any of the items
sold on Bid-on-Equipment.com. The Transactions performed are solely
between the Seller and Buyer.
NO AGENCY
Buyers, Sellers and BOE are all separate and independent parties, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by these Terms and Conditions
RESTRICTED VIEWING
A party who has not registered with BOE is limited to viewing the inventory and
requesting limited information regarding Items in BOE’s inventory and may not enter
into any arrangement to either buy or sell Items through BOE without registering
with BOE. HOWEVER ALL RESTRICTED VIEWERS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
REGISTRATION REQUIRED
In order to enter into any arrangement or agreement to either buy or sell Items
through BOE’s website, the User must register through the Bid-on-Equipment.com website.
Upon registration, the User agrees to be bound by the Terms and Conditions set forth
herein. Individuals must be age 18 or older in order to be permitted to register,
list, or bid on BOE’s website. Individuals Listing for companies or corporations
must possess appropriate legal authority to do so.
ACCEPTANCE OF TERMS AND CONDITIONS
All Users of BOE expressly acknowledge and agree that they have read, understood
and have accepted all Terms and Conditions herein.
User understands and agrees that BOE may, at its sole discretion, at any time, change,
modify, add or delete any portion of these Terms and Conditions, in whole or in
part, without providing any notice to the User, merely by posting such changes on
the BOE website.
NO ONE MAY MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE
WITHOUT THE EXPRESS WRITTEN CONSENT OF BOE. ANY UNAUTHORIZED USE OF THE MATERIALS
ON THIS SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PENALTIES. BOE RESERVES THE RIGHT
TO PURSUE ANY AND ALL PENALTIES AVAILABLE FOR UNAUTHORIZED USE.
Without limiting other remedies, BOE reserves the right at its sole discretion to
limit, suspend, terminate, block or prohibit Users access to its site and services.
DEFINITIONS
Bid-on-Equipment.Com, Inc. (“BOE”): an Illinois Corporation providing
listing and transaction support services as an intermediary to facilitate Transactions
between Sellers of used and new Items and Buyers of the same.
Buyer: A party or any authorized representative thereof, who purchases
Items through BOE’s website and is further bound to the Terms and Conditions of
BOE set forth herein or as may be modified in the future.
Buyer Commission: Buyer pays a commission of 10% of the sale price
for an Item sold through BOE. This commission may be assessed for additional Items
not directly listed on BOE if such Items are included in a package that is sold
directly from the Seller to Buyer negotiated with the assistance of BOE.
Clearance Items: Items moved from Listing to clearance after 180 days
of no sale.
Commission: Charge paid to BOE by Seller and Buyer when an Item is
sold.
Inspection: The ability for the Buyer/Prospective Buyer to physically
examine an Item(s).
Inspection Deposit: Refundable deposit tendered to BOE by Buyer/Prospective
Buyer in order to facilitate Buyer’s /Prospective Buyer’s Inspection of Item
Inspection Waiver: Affirmation stating that the Buyer is choosing to
not physically inspect the Item(s) being purchased and that the Buyer accepts all
risks associated with not inspecting the Items being purchased. Notwithstanding
an Inspection Waiver, a Buyer is obligated to consummate a transaction, once such
has been initiated.
Item: Piece of merchandise owned by Seller, or for which Seller has
authorizationto sell, that is placed for sale on BOE’s website.
List: The act of formally placing Items for sale on BOE’s website under
the Terms and Conditions set forth herein by BOE.
Listing: The data posted on BOE’s website regarding Items meant for
sale.
Net Cash: Amount tendered to Seller after appropriate commission and
fees deducted. Fees incurred by Buyer or Seller financial institution are the responsibility
of Buyer or Seller and are not deducted from commission or payment.
Offer Acceptance Notice to Buyer: Message sent to Buyer after Transaction
has been assigned to a BOE internal sales associate for completion.
Offer Acceptance Notice to Seller: Message sent to Seller after electronic
confirmation of mutual agreement of price between Seller and Buyer.
Original Asking: Initial sale price requested for Item placed for sale.
Ownership: BOE will not take possession of, or title to, any Items
for sale. Seller represents that it possesses legal title and ownership to items
Listed.
Payee/Alternate Payee: Person, or entity, who
is authorized to receive payment for sale of an item.
Payment: Gross funds tendered for purchase of Item(s) before deducting
fees, commission and expenses. All Paymentsshall all be in United States Dollars
(“USD”), regardless of locale of the Buyer or Seller. All Payments are made directly
to BOE as intermediary for the Transaction.
Payment Method: Payments may be made by ACH, wire, credit card or check.
All Buyers outside the United States must tender funds through wire transfer. All
wire transfers may be subject to additional fees.
Prospective Buyer: A party or any authorized representative thereof,
who is attempting to purchase Items through BOE’s website and is further bound to
the Terms and Conditions of BOE set forth herein or as may be modified in the future.
Seller: A party, or authorized representative, who is attempting to
sell Items through BOE’s website and is further, bound to the Terms and conditions
of BOE set forth herein.
Seller Commission: Seller pays a commission of 10% of the sale price
for an Item sold through BOE. This commission may be assessed for additional Items
not directly listed on BOE if such Items are included in a package that is sold
directly from the Seller to Buyer negotiated with the assistance of BOE.
Sales Price: The agreed price of an Item including the Buyer Commission and any additional fees required by the Seller.
Transaction: A sale facilitated by BOE, as intermediary between Seller
and Buyer.
Users: Any person entering BOE’s website.
AVAILABILITY
All Items listed must be available for sale and immediate delivery upon acceptance
of a valid Offer.
Delays in completion of transactions incurred by Seller may result in the cancellation
of deals and restriction from further listing.
Seller agrees to notify BOE immediately if any Item listed is no longer available.
SELLER
The Seller affirms that it holds free and clear unencumbered, legal title and ownership
to the Item or that it is the legal and authorized owner of the Item, or has been
authorized by the legal owner to sell the Item and can provide documentation of
such authorization;
The Seller sets the Original Asking Price and agrees to sell the Item immediately
to any Prospective Buyer who bids that price. Seller agrees not to sell any Item
that it has listed on BOE ‘directly’ to any Buyer who discovered the Item through
the BOE website whether or not the listing has expired. The Seller agrees to not
accept any direct payment from the Buyer, without express permission granted in
writing by BOE. For more details, please see “BOE’s Remedies”
Sellers expressly agree to fully cooperate with BOE in any situation in which BOE
has been requested to act as a buyer or seller's agent, or in any situation in which
BOE may be required to so act to facilitate the culmination of a transaction.
Sellers agrees, as soon as practical, upon request by BOE or any appropriate agencies,
to submit all necessary information and documentation to BOE or such appropriate
agencies, to provide for the facilitation of the completion of any transaction.
Sellers expressly agree that they shall
complete, prior to the time equipment shall be transported, if practical, (and if
not practical, as soon as so requested or required) any and all forms including
but not limited, to nafta and certificate of originand freight forwarder powers
of attorney, SHIPMENT requirements, or otherwise, whether imposed by local, state,
or federal agencies or the parties to a transaction themselves.
BUYER
BOE will, via email to the registered email address of the Buyer,
deliver a notification that it’s Invoice and associated documents are prepared and
awaiting electronic signature, following the acceptance of offer by the Seller. Payment
is due in 3 business days, following delivery of the invoice notification.If Payment
is not received by BOE on the 5th business day following delivery of
the Buyer invoice, BOE may remove the suspension of bidding or BOE may cancel the
Transaction.
Buyers expressly agree to fully cooperate with BOE in any situation in which BOE
has been requested to act as a buyer or seller's agent, or in any situation in which
BOE may be required to so act to facilitate the culmination of a transaction.
Buyers agree to as soon as practical, upon request by BOE or any appropriate agencies,
to submit all necessary information and documentation to BOE or to such appropriate
agencies, to provide for the facilitation of the completion of any transaction.
Buyers expressly agree that they shall
complete, prior to the time equipment shall be transported, if appropriate and practical,
(and if not practical, as soon as so requested or required) any and all forms, shipment
requirements, or otherwise, whether imposed by local, state, or federal agencies
or the parties to a transaction themselves.
LISTING
Unless otherwise stated herein, all Items are used and are being sold by the Seller
AS-IS and WITH ALL FAULTS with no warranties expressed or implied.
BOE allows Sellers to list Items for sale at no charge. If a Seller discovers an
error in a Listing it has listed, it shall notify BOE by phone, internal system
message or email and the BOE staff will edit the Listing for the Seller within 1
business day of receipt of such communication.
No identification or location of owner shall be included in the listing or accompanying
photos
Any description of Items shall fairly and accurately represent the actual condition
of the specific Item that is listed.
Photos provided by the Seller shall be of the actual piece of Items being listed.
No ‘brochure’ photos will be accepted.
BOE reserves the right to delete or edit any listing at any time.
Minimum list value is $100 USD.
If a Seller discovers an error in a listing it has posted, it shall notify BOE by
phone, internal system message or email and the BOE staff will edit the listing
for the Seller within 1 business day of receipt of such communication.
BOE makes no representation concerning the accuracy of information provided by Seller
and, to the extent any such information is inaccurate, Seller and Buyer will hold
harmless and indemnify BOE against all claims made against BOE for any such inaccuracies.
LISTING DURATION
Listing duration is 180 days. If an Item does not sell during the first 170 day period,
then BOE will notify the Seller of the impending expiration, at which point the
listing may be extended upon mutual agreement between the Seller and BOE, moved
to the BOE Clearance section or terminated.
CLEARANCE
Commissions are reduced for Clearance Items in accordance with the following schedule:
25% reduction from the Original Asking Price results in a Seller commission of 8%
50% reduction from the Original Asking Price results in a Seller commission of 6%
No further reduction in Commission will be made.
An item may be relisted in Clearance as many times as a Seller wishes.
An Item may be returned to the general Listing, but commission reductions will no
longer apply.
INSPECTION
Items on this website are SUBJECT TO INSPECTION prior to shipment. All Sellers must
make reasonable accommodations for a Prospective Buyer to inspect an Item, if requested
by the Buyer. If a Prospective Buyer elects to exercise its right to inspect, BOE
requires a REFUNDABLE deposit.
The Item’s location and Owner will be disseminated following BOE receipt of deposit.
The Buyer will be given a reasonable amount of time to complete the inspection of
the Item. If, upon inspection, the Prospective Buyer decides not to purchase the
Item(s) the deposit will be returned as soon as practical, pending clearance of
funds from original payment.
If the Buyer approves of the Items, the deposit will be applied toward the cost
of the Transaction.
Direct sales, in which the Seller sells the Item directly to the Buyer, bypassing
BOE will result in Buyer forfeiting all money deposited with BOE, as well as any
and all remedies stated herein.
RETURNS
All Sales are final
Returns of Items shall not be permitted except under the following conditions:
1.
If a written agreement has been granted by the Seller prior to shipment.
2.
In cases where the Seller agrees to a return of the Items
3.
The Items must be returned within the time specified and in the condition
in which it was shipped.
4.
If the Item(s) is/are returned late or damaged, the return may be rejected
or a re-stocking charge may be applied by the Seller.
5.
In the event of a return that has been agreed to by the Seller, all arrangements
must be made and facilitated between the Seller and Buyer; BOE will not have any
involvement with that process and shall not be liable for any losses, expenses,
or damages incurred during that process.
6.
BOE’s sole responsibility will be the refund of any purchase commission and
this will only be processed following confirmation from the Seller that they have
received their Item in an acceptable state.
TRANSACTION
BOE acts as an intermediary by facilitating the sale and purchase of item(s) between
a Seller and a Buyer. As intermediary BOE collects payment from the Buyer and transfers
payment, less commission and any bank fees, to the Seller.
BOE will not take possession of, or title to, any Items for sale and will not store
any Items.
BOE will transfer payment for Item to the Seller upon completion of either of the
following two conditions, whichever occurs first:
Shipment is verified as loaded on the truck for delivery to the Buyer’s facility;
photos of the Item on the truck and signed Bill of Lading are both required, unless
otherwise agreed to in writing, OR
Five business days have passed since BOE’s receipt of payment without shipping being
either arranged (1) between Buyer and BOE, or (2) unilaterally by Buyer and communicated
to BOE within such five day period.
BOE reserves the right to modify the above payment terms based on the ongoing or
established relationship between BOE and Seller.
BOE reserves the right to hold funds sent by the Buyer until after receipt of the
Bill of Lading signed by representative of the shipping company and photographs
of the machinery loaded on the shipping truck.
In no event shall BOE be obligated for storage fees, transportation costs or any
other fees, expenses or costs associated with any transaction to the extent the
completion of a transaction is beyond BOE's control in any way. However, BOE may
expend, or advance, such fees, expenses and costs in an attempt to finalize the
completion of the transaction, and if so, BOE shall be entitled to complete reimbursement
for any such fees, expenses and costs, from either the buyer or the seller, as may
be appropriate. Buyers and sellers expressly agree as soon as practical reimburse
BOE for any such fees, expenses or costs.
PROCESSING FEE
A processing fee of $30 will be applied to each transaction. This fee is non-refundable and is charged to cover the costs of processing the transaction.
The processing fee will be applied to the total amount of the transaction. For example, if you purchase an item for $1,000, the processing fee will be $30.
The processing fee is not waived for any reason.
SALES TAX
Buyers are responsible for all relevant sales taxes.
BOE will collect all relevant sales tax as required.
BOE uses a third party to calculate and process sales tax.
Buyers may submit sales tax exemption certificates where allowed.
If a Buyer's tax exemption certificate is found to be invalid for the purpose of the transaction, the buyer will be invoiced for the balance of the tax owed.
The sales tax rate may vary depending on the buyer's location and type of item purchased.
Sales tax is not applicable to all products and services.
SHIPPING
Estimates are provided by independent brokers/shippers
Estimates are subject to shipper price changes at any time. Any such change shall
be addressed directly between Buyer and shipper.
Estimates expire after 30 days.
Buyer has discretion to use any shipper of its choice.
Receipt of the shipment by the recipient without written notice of damage on the
delivery record is prima facie evidence that the shipment was delivered in good
condition.
LOADING
Unless otherwise agreed to by the Buyer and Seller in writing, the Seller is responsible
for the loading of sold Items onto the contracted shipper’s vehicle.
If crating is necessary, the Buyer is normally responsible for arranging and paying
for crating services; provided, however, the Seller may offer skidding/crating to
the Buyer, and if the Buyer agrees, any subsequent charge will be shown as a separate
line Item on the Buyer’s invoice.
DELIVERY
BOE does not ship, nor assume responsibility for the shipment of any Items sold
on the website. BOE may facilitate the acquisition of quotes from various shipping
brokers and assists in arranging the logistics associated with the shipment. Any
issues that arise in the course of shipping an Item are the responsibility of the
Seller, Shipper and Buyer.
Handling and loading may be an extra charge and details of those charges will be
provided by Seller or carrier prior to shipping. Seller must state additional charges
for handling prior to invoicing buyer or forfeit the right to request additional
monies.
RISK OF LOSS
BOE assumes no liability or risk of loss to Item(s) and provides no insurance to
cover any such loss. Any and all responsibility for risk of loss remains between
Buyer and Seller.
Risk of loss or damage to the Items shall pass from Seller to Buyer upon loading
with shipper.
NOTICE
If to BOE:
Bid-On-Equipment.Com, Inc.
2854 Corporate Parkway
Algonquin, IL 60102
If to Buyer or Seller:
Primary registered address on file with BOE.
PRIVACY
We are committed to protecting your privacy. We constantly review our systems and
data to ensure the best possible service to our customers. Please see our Privacy
Policy.
CONFIDENTIALITY
We will not sell, share, or rent your personal information to any third party or
use your e-mail address for unsolicited mail. Any emails sent by BOE will only be
in connection with the provision of agreed services and products. Please see our
Privacy Policy.
DISCLAIMER OF WARRANTIES
BOE MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, MATERIALS, PRODUCTS
OR ITS SERVICES AND EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. BOE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY
OF ANY KIND ON ITS BEHALF AND ANY PARTY WHICH ACCESSES OR USES BOE’S WEBSITE MAY
NOT RELY ON ANY STATEMENT OF WARRANTY. BOE IS NOT THE MANUFACTURER OF THE PRODUCTS
NOR IS BOE A DEVELOPER OF ANY, OR OF CERTAIN APPLICATIONS. THE SITE AND/OR THE MATERIALS
MAY CONTAIN TYPOGRAPHIC ERRORS OR INACCURACIES. BOE DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE SITE OR MATERIALS INCLUDING ANY OTHER INFORMATION DISPLAYED
ON OR DISTRIBUTED THROUGH THE SITE WHICH MATERIAL MAY ORIGINATE FROM ANOTHER WEB
SITE. ANY PARTY WHICH ACCESSES OR USES BOE’S WEBSITE EXPRESSLY ACKNOWLEDGES THAT
ANY RELIANCE ON THE WEBSITE OR ANY MATERIAL OR INFORMATION AVAIALABLE ON BOE’S WEBSITE
IS AT THE ACCESSOR’S OR USER’S SOLE RISK. BOE MAY, IN ITS SOLE DISCRETION, CORRECT
OR CHANGE THE SITE, MATERIALS, PRODUCTS OR IT’S SERVICES AT ANY TIME.
BOE makes no warranty regarding the completeness, mechanical condition, marketability
or suitability for any particular purpose of any Items sold on its website.
BOE is not responsible for the safety, condition, operation or use of any Item listed
on this website. All Items are sold “AS IS”.
DISCLAIMER OF ACCURACY
BOE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF THE
INFORMATION OR PHOTOS POSTED ON ITS WEBSITE BY SELLERS. BOE TAKES NO RESPONSIBILITY
FOR MISREPRESENTATION, MISLEADING OR ACCURACY OF LISTING.
LIMITATION OF LIABILITY
Neither BOE nor any of its affiliates, directors,
officers, employees, agents or other representatives of any of them, shall be liable
for damages arising out of or in connection in any way with the use of or inability
to use BOE’s website, services or applications. This limitation of liability is
comprehensive, and applies to all damages of any kind, including but not limited
to, compensatory, direct, indirect or consequential damages, loss of data, programs,
income or profit, loss of or damage to property and claims of third parties.
Any disputes arising from a transaction or
failure to complete a transaction shall be exclusively between the Buyer and the
Seller.
BOE assumes no liability for any damages
caused to Buyers or Sellers due to failure to complete a transaction.
BOE makes no guarantee that any BUYER OR
POTENTIAL BUYER will be willing or able to complete a transaction.
LINKS
From time to time this website may also include links to
third party websites or resources. These links are provided for your convenience
to provide further information or resources. Links to such websites or
resources do not signify that BOE endorses the website(s)
or resources. BOE has no responsibility for the content of the linked website(s)
or functionality of such website(s).You acknowledge sole responsibility
for and assume all risk arising from your use of any such websites or resources.
FORCE MAJEURE
BOE, Seller nor Buyer shall be liable for any failure to perform
any obligation under any Agreement which is due to an event beyond the control of
such party including but not limited to any Act of God, terrorism, war, political
insurgence, insurrection, riot, civil unrest, act of civil or military authority,
uprising, earthquake, flood or any other natural or man-made act outside of our
control, which causes Any Party affected by such event shall forthwith inform the
other Party of the same and shall use all reasonable endeavours to comply with the
terms and conditions of any Agreement contained herein.
INDEMNITY AND RELEASE
Buyers and sellers expressly agree that transactions in which BOE is acting as an
intermediary typically require the payment by the buyer of the purchase price to
BOE, to be paid to the seller, before equipment is released by the seller. Notwithstanding
such, the parties expressly and affirmatively forever relieve BOE from any obligation
to refund or return the purchase price, or the equipment, as the case may be, to
complete a transaction if either the buyer and/or the seller shall not have completed
any and all of their obligations and/or requirements to facilitate a transaction,
including but not limited to payment for transportation or storage fees, completion
of any forms required for transportation, shipping or other activities with the
equipment, or any other requirements.
Buyer and Seller expressly agree to indemnify and forever hold harmless BOE for
any and all activities undertaken in a Transaction unless a claim based on such
activity should arise based solely on BOE’s gross misconduct or negligence.
BOE makes no representation concerning the accuracy of information provided by Seller
and, to the extent any such information is inaccurate, Seller and Buyer will hold
harmless and indemnify BOE against any and all claims made against BOE for any such
inaccuracies.
SELLER AND BUYER REMEDY
Buyer’s and Seller’s sole remedy as to BOE will be the return of any Commission
fee previously paid to BOE.
To the extent any Transaction is not completed, or completed unsatisfactorily, other
than those transactions which are not completed due to the sole fault of BOE based
on its misconduct or gross negligence, Buyers and Sellers understand that their
sole remedies are between one another.
BOE REMEDIES
All users of BOE’s services hereby acknowledge and agree that it has taken BOE considerable
time and expense to develop its website as well as company confidential processes
and services provided therein, and that BOE would suffer irreparable harm and injury
if users of the BOE website circumvented BOE after being introduced via BOE’s services.
Attempting to circumvent or avoid paying BOE’s fees by engaging in a “side deal”
is strictly prohibited, and may result in suspension or termination of the use of
BOE’s website, as well as possible civil and/or criminal prosecution to the fullest
extent of the law. Additionally, all Sellers and Buyers agree that BOE’s remedy
at law for any violations or threatened violations thereof may be inadequate and
that BOE shall not be required to prove the inadequacy of legal remedies in order
to become entitled to a temporary or permanent injunction or other equitable relief
specifically to enforce such obligations. Sellers and Buyers, therefore, consent
to the issuance of temporary and permanent injunctions to enforce such obligations.
Notwithstanding the foregoing, BOE’s rights and remedies under this Agreement are
cumulative and in addition to, and not in lieu of, any other rights and remedies
allowed at law or in equity.
Buyers and Sellers understand that BOE shall have all rights and remedies against
Buyers and Sellers for any transaction that is not completed which is beyond the
control of BOE to the extent BOE incurs fees, costs expenses, including any lost
commissions.
While BOE acts in all cases solely as an intermediary and does not take tile or
ownership of any items, and acts to facilitate transactions between Buyers and Sellers,
to the extent a Buyer shall have paid sales price to BOE, and such sales price has
been passed on to Seller, less applicable commissions and costs, in the event Seller
does not produce the Item to consummate the Transaction and Buyer brings a claim
against BOE, BOE shall have all rights and remedies against the Seller for lack of
delivery. Buyer’s sole remedy against BOE is the return of Buyer’s Commission.
Buyers and Sellers agree that any attorney fees and court costs or other legal expenses
incurred by BOE in enforcing any or attempting to enforce any transaction, attempting
to complete a transaction on behalf of Buyers and Sellers, addressing issues related
to Buyers and/or Sellers obligations and requirements in transporting, shipping
and/or completing their respective obligations of a transaction, or in enforcing
any provisions of the agreement, shall be paid by the Buyer or Seller, as the case
may be, and shall not be obligation of BOE and BOE shall have the right to seek
and be reimbursed for any such fees, cost or expenses.
CHOICE AND COMPLIANCE OF LAW
BOE’s Website is operated and provided in the State of Illinois. As such, all Users
are subject to the laws of the State of Illinois, and such laws govern these Terms
of Use, without giving effect to any choice of law rules. BOE makes no representation
that our Web site or services are legal or available for use in other locations,
domestic or international. Accordingly, if you choose to access this site you agree
to be governed and subjected to the laws of the State of Illinois.
User assumes all knowledge of applicable law and is responsible for compliance with
any such laws. User may not use this site or BOE’s services in any way that violates
applicable state, federal, or international laws, regulations or other government
requirements. User further agrees not to sell or purchase any Item that could constitute
a criminal offense, give rise to civil liability or otherwise violate any applicable
local, state, national, or international law or regulation.
ARBITRATION
Dispute Resolution By Binding
Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Except as provided in the “BOE’S REMEDIES”, below, all accessors and Users, Buyers
and Sellers, and BOE agree that any claim or dispute between them or against any
agent, employee, successor, or assign of the other, related to this agreement, and
any claim or dispute related to this agreement or the relationship or duties contemplated
under these terms and conditions, including the validity of this arbitration clause,
shall be resolved by binding arbitration pursuant to the Commercial Rules of Arbitration
of the American Arbitration Association. The parties hereby agree to a three-person
panel of arbitrators selected according to those Rules. All arbitration proceedings
shall be conducted in Chicago, Illinois. The arbitration award shall be in writing
and shall specify the basis for the award. In rendering the award, the arbitrators
shall determine the rights and obligations of the parties in accordance to the substantive
laws of Illinois, without regard to conflict of laws provisions. Judgment upon the
award rendered by the arbitrators may be entered in any court having jurisdiction
thereof and the costs and reasonable attorney's fees incurred in connection with
any action to conform the arbitration award shall be awarded by the court. Neither
party, nor the arbitrators, may disclose the existence, content, or results of any
arbitration hereunder without the prior written consent of both parties.
ENFORCEABILITY/SURVIVAL
The invalidity, illegality or unenforceability of any provision of this Terms and
Conditions shall not affect the other provisions, which shall remain in full force
and effect.
ENTIRE AGREEMENT
The Terms and Conditions contained herein constitute the entire agreement between
the parties hereto with respect to the subject matter hereof and supersede all previous
communications or representations, including Buyer’s Purchase Order, if any, whether
oral or written, between the Buyer and Seller. No agent, employee or representative
of the Seller has any authority to bind the Seller to any affirmation, representation
or warranty concerning the Items subject hereto, and unless such affirmation, representation
or warranty is included in this agreement, it is not part of the basis of this bargain
and shall not be binding upon or enforceable against the Seller. No course or prior
dealings between the parties and no custom or usage of trade in the Industry shall
be used to interpret, construe or supplement the terms and conditions hereof.
COPYRIGHT
All contents of the BidOnEquipment.com website are the sole property of Bid on Equipment, Inc.
Copyright © 2024. All rights reserved.
TRADEMARK
Bid on Equipment is a registered Trademark and all rights to such trademark vests
solely in Bid-on-Equipment.com Inc.
Other Trademarks, products or company names used on this website
may be trademarks of their respective owners.
