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BIDDER TERMS


These Bidder Terms ("Bidder Terms") govern your access to and use of MachineryPete Web Sites as a Bidder. These Bidder Terms are and shall be incorporated into the Terms of Use found at https://www.machinerypete.com/service/terms. All terms used (including capitalized terms) and not defined herein shall have the meanings ascribed to them in the Terms of Use.

1. Disclaimer. We are not the owner, seller or auctioneer of the Posted Equipment. We make no representations or warranties concerning the Posted Equipment. You understand and agree that We will not be liable for Posted Equipment that you bid on, the acts or omissions of Auction Sellers, or for any proposed or completed transactions between you and an Auction Seller. Any and all transactions that you enter into regarding the sale or acquisition of Posted Equipment is between you and the Auction Seller.

2. Posted Equipment. The details and information regarding the Posted Equipment and related auctions are determined by the Auction Seller and may be subject to change. Posted Equipment may be used and may contain defects. We do not inspect or confirm the condition of the Posted Equipment. We make no representations or warranties about the information, data or content that Auction Seller posts on MachineryPete Web Sites or otherwise makes available to you. We also do not guarantee that Auction Sellers comply with applicable laws, rules, or regulations. You should take all necessary steps to verify the accuracy of the Posted Equipment descriptions. You should also take all necessary steps to inspect or validate the condition of Posted Equipment.

3. Bidders. You and your User Materials will comply with all laws, rules and regulations. Each Auction Seller reserves the right to review Bidder profiles and accept or reject Bidders to participate in their event at Auction Seller’s sole discretion. Each Auction Seller reserves the right to request additional information or a monetary deposit as a condition to approve a Bidder to participate in their sale event. We are not a party to any agreement made between you and an Auction Seller.

4. Auction Seller’s Terms and Conditions. Once a bid is placed by Bidder, it is considered final and binding. A Bidder may not remove or cancel a placed bid without express permission from the Auction Seller. By placing a bid on Posted Equipment, the Bidder acknowledges and agrees to abide by all terms set forth in the Terms of Use and the Auction Seller’s Terms and Conditions. "Auction Seller’s Terms and Conditions" are the terms of sale posted by the Auction Seller of the Posted Equipment governing the applicable auction. We and the Auction Seller may choose to publish the winning bid amount. In addition to the price of Posted Equipment, Auction Sellers may charge shipping, handling, and other reasonable fees incidental to the sale of Posted Equipment. These fees are set by the Auction Seller and may be subject to change depending on the Auction Seller and the Posted Equipment. An Auction Seller may require a Bidder to separately register with it prior to bidding on the Auction Seller's Posted Equipment, and may permit or deny the additional registration at its sole discretion.

5. Bidding. You will not, directly or indirectly, artificially influence the sale price of any Posted Equipment or attempt to do the foregoing. Shill bidding is expressly prohibited. You understand, acknowledge and agree that: (i) your bid will be forwarded to the Auction Seller and may be viewed by the Auction Seller as a firm commitment and an irrevocable offer to purchase; (ii) once you place a bid on MachineryPete Web Sites, it may not be retracted; (iii) if you have the winning bid, an Auction Seller may hold you legally obligated to complete the transaction unless otherwise prohibited by law or regulation; (iv) you grant Company permission to share your User Materials and all information you provide to Company with Auction Sellers; (v) when you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met; (vi) auctions may have time extensions; (vii) We reserve the right to withdraw, postpone, or cancel any Posted Equipment, in our sole discretion, with or without notice; (viii) We reserve the right to void a bid that you place, whether winning or not, which We believe has not been made in good faith and in accordance with the Terms of Use; and (ix) WE DO NOT GUARANTEE THAT BIDS PLACED WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.

6. Agreement with Auction Seller. If you are the winning Bidder in any auction, or if you purchase an item from MachineryPete Web Sites, you will be entering into a purchase and sale agreement directly with the Auction Seller. You as the Bidder assume all risk and liability associated with any agreement you enter into with an Auction Seller on or via MachineryPete Web Sites. We have no control over items sold on MachineryPete Web Sites and We do not review or evaluate the condition, quality or origins of the items sold or verify the claims made by each Auction Seller regarding its items listed for sale on MachineryPete Web Sites. We have no control over the Auction Seller’s Terms and Conditions. We are not responsible for the transportation, delivery or risk of loss for any item sold on MachineryPete Web Sites. You should confirm transportation, delivery and risk of loss information with the Auction Seller and your designated transportation provider. In no event shall We have any responsibility for the transportation of items sold on MachineryPete Web Sites or for any risk of loss or liability related to Listed Item(s). WE ARE NOT AN AUCTION SELLER ON MACHINERYPETE WEB SITES AND ARE NOT A PARTY TO ANY CONTRACT OR AGREEMENT YOU ENTER INTO WITH ANY AUCTION SELLER ON MACHINERYPETE WEB SITES. WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON ANY ITEMS LISTED FOR SALE ON MACHINERYPETE WEB SITES. ALL ITEMS SHOULD BE CONSIDERED IN "AS-IS, WHERE-IS" CONDITION. WE SHALL NOT BE HELD LIABLE FOR ANY ACT OR OMISSION OF ANY AUCTION SELLER ON MACHINERYPETE WEB SITES.

7. Due Diligence; Winning Bidder. You acknowledge and agree that you are solely responsible for performing any due diligence on any item you wish you to bid on or purchase on MachineryPete Web Sites. Placing a bid in an auction-style event, making an offer to purchase, or committing to buy an item on MachineryPete Web Sites is a legally binding obligation. If you are the successful buyer, you agree to pay the amount of your bid, plus all applicable taxes and charges, in the time and manner designated by the Auction Seller and as set forth herein. You further agree to comply with the Auction Seller’s Terms and Conditions, as posted on each particular auction, and with all applicable laws, rules, and regulations. You acknowledge and agree that We will not, at any time, act as an agent on behalf of any Bidder or Auction Seller.

8. Taxes. You hereby acknowledge and agree that any item you bid on or purchase on MachineryPete Web Sites may be subject to Taxes (defined below). You shall be solely responsible for and shall pay when due any sales, use, transfer, excise, VAT, or other federal, state, local or foreign taxes, duties, tariffs, fees or other assessments (and related interest and penalties) (collectively, "Taxes" ) applicable to your acts or omissions related to your use of MachineryPete Web Sites, including but not limited to your purchase and/or sale of equipment, goods or services through MachineryPete Web Sites.

9. Indemnification. In addition to the indemnification provisions set forth elsewhere in the Terms of Use, you agree to defend, indemnify, and hold harmless Indemnified Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (i) any and all obligation or liability to pay Taxes; and (ii) any injuries to persons or property of any type, occurring during your or your agent's inspection of property, or your or your agent's presence at an Auction Seller's site, or resulting from the sale, removal, use or operations of any Posted Equipment.

10. Conflicts. In the event of a conflict between the provisions set forth in these Bidder Terms and the Terms of Use, the Terms of Use shall prevail.