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Terms & Conditions
Our Relationship:
EquipNet is not the owner of the equipment described in this listing (the "Equipment").
We are acting on behalf of the owner of this Equipment to facilitate its sale.
The descriptions and the photo(s) have come directly from the owner. EquipNet
has no control over the quality, compatibility, safety or legality of Equipment
offered for sale. We do not guarantee the availability of equipment, but EquipNet
will obtain owner assurances that the Equipment is available for shipment/pick
up prior to accepting payment.
No Guaranty; Inspection:
ALL EQUIPMENT IS SOLD "AS IS", "WHERE IS", AND "WITH
ALL FAULTS". Equipment is offered with the right of inspection by any legitimate,
interested party prior to the close of the auction. Contact us at [email protected]
or (888) 371-6555 to set up an inspection. The buyer is solely responsible for
determining if the equipment meets buyer's needs. All sales are final.
Payment:
We accept: Certified Checks, Bank Checks, Company Checks w/Bank Guarantee, Wire
Transfers, and PayPal. Bids must be paid to EquipNet no later than five (5)
days after Buyer is notified that it placed an Accepted Bid. No Equipment will
be shipped until payment has been received in full, including fees and applicable
taxes, if any.
Pick up Policy:
All items purchased
must be scheduled for pick up within 3 weeks from the eBay sale date, unless
given specific permission to extend the time. If the buyer has not picked up
the item in that timeframe, the buyer will be subject to additional storage
charges that must be paid prior to the buyer picking up the purchased items.
EquipNets also reserves the right to cancel the sale if the item is not
picked up within the 3 week time frame. In such a case, EquipNet will send the
money back minus any eBay transaction (Listing and Final Value Fees) and storage
costs associated with the order.
Packaging/Crating and
Shipping:
The Buyer is responsible for all packaging/crating and shipping charges. Because
this equipment is located in the seller's facility and we do not have ownership
or manage the access to that facility, all shipping arrangements must be made
through EquipNet. Contact us at [email protected] or (888) 371-6555 to receive
a quote for crating and shipping.
Waiver of Warranty:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUYER HEREBY (1) WAIVES
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE
AND (2) WAIVES, RELEASES AND DISCHARGES EQUIPNET (AND ITS OFFICERS, DIRECTORS,
STOCKHOLDERS, AGENTS, SUBSIDIARIES AND EMPLOYEES) FROM ANY CLAIMS, LOSSES, DAMAGES
AND EXPENSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE,
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING
OUT OF OR IN ANY WAY CONNECTED TO ANY TRANSACTION. In the event the Buyer is
a resident of California, Buyer waives California Civil Code §1542, which
states, "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement
with the debtor."
Limitation of Liability.
THE BUYER HEREBY ACKNOWLEDGES THAT EQUIPNET AND ITS OFFICERS, DIRECTORS, STOCKHOLDERS,
AGENTS, SUBSIDIARIES AND EMPLOYEES ASSUME NO LIABILITY WITH RESPECT TO THE QUALITY
OR QUANTITY OF EQUIPMENT SOLD OR OFFERED FOR SALE OR FOR ANY LOSS OR DAMAGE
TO ANY EQUIPMENT DURING SHIPMENT. EQUIPNET WILL NOT BE RESPONSIBLE FOR ANY BREACH
OF THE TERMS OF ANY TRANSACTION. Buyer agrees that neither EquipNet, nor any
officer, affiliate, director, shareholder, agent or employee of EquipNet will
be liable to Buyer or any third party for any direct, indirect, incidental,
special, consequential or punitive damages including, but not limited to, loss
of profits, loss of earnings, loss of business opportunities, damages, expenses,
or costs ("Losses") resulting directly or indirectly from, Buyer's
Losses resulting from the failure, or alleged failure, of any Equipment purchased,
or failure of Equipment to perform or conform to any specifications or terms,
whether published in this listing or elsewhere. Buyer agrees to indemnify, defend
and hold harmless EquipNet, its parent(s), subsidiaries, affiliates, directors,
officers, shareholders and employees, from any claim or demand, including attorneys'
fees, made by any third party due to or arising out of Buyer's use of the Equipment.
General:
EquipNet may pay
remuneration to or receive remuneration from third parties who assist in facilitating
transactions. Such remuneration, if any, may take the form of financial credits,
monetary payments or reciprocal business. Based on the arrangements that we have
with the owner of the Equipment, a portion of your bid may be treated as our standard
buyer's premium. This in no way effects your cost; you pay exactly what you bid.
Please see http://www.equipnetdirect.com for more information.
In the event that any provision of these terms and conditions is determined
to be invalid, unenforceable or void, the parties agree to allow a court or
arbitrator to replace such provision with a valid provision, which is as similar
as possible to the provision replaced. EquipNet's failure to act with respect
to a breach shall not constitute a waiver of its right to act with respect to
subsequent or similar breaches.