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| Terms & Conditions |
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| The following describes the terms on which SharpQuip offers you access to our services. |
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| Introduction |
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| Welcome to SharpQuip. By using the services on the SharpQuip website, you are agreeing to the following terms: |
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| Using SharpQuip |
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| While using the site, you will not: |
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Post content or items in an inappropriate category or areas on the Sites; |
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Violate any laws, third party rights, or our policies. |
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Use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site; |
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Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; |
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Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; |
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Manipulate the price of any item or interfere with other user's listings; |
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Circumvent or manipulate our fee structure, the billing process, or fees owed to SharpQuip; |
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Post false, inaccurate, misleading, defamatory, or libelous content (including personal information); |
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Take any action that may undermine the feedback or ratings systems |
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Distribute viruses or any other technologies that may harm SharpQuip, or the interests or property of SharpQuip users; |
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Copy, Modify, or Distribute content from the sites ; or |
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Harvest or otherwise collect information about users, including email addresses, without their consent. |
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| Fees and Services |
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By listing a piece of machinery or equipment on www.SharpQuip.com, you agree to pay 10% of the sales price. An invoice will be mailed immediately upon notice of sale and payment. All invoices must be paid within 10 days of receipt. If other arrangements have been made (i.e. splitting costs), seller is still responsible for the entire SharpQuip invoice. No split billing will be done. The fee will remain at 10% unless prior arrangements have been made. Installment sales are not exempt from full payment within 10 days of completion of sale.
If a machine is sold through another source while listed with SharpQuip.com, please notify us immediately for removal of the listing. No liability will be incurred.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.
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| Content License |
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When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
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| Liability |
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You will not hold SharpQuip responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
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| Release |
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If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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."
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| Indemnity |
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You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
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| No Agency |
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No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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