SELLERS TERMS OF USE

Unless otherwise modified by the terms of a separate user agreement applicable specifically to the use of IBiDMachinery, LLC, website and listing services, this User Agreement ("Terms of Use"), including the Privacy Policy and any terms linked to this Agreement, governs and applies to IBiDMachinery, LLC whether presently in existence or established in the future. If you do not agree to this Agreement, you may not use IBiDMachinery, LLC Website to buy, sell or bid for goods, or use any other services offered by the Company on any IBiDMachinery, LLC Website. This Agreement is effective on January 1, 2024 for current users, and upon acceptance for new users.

1. iBiDMachinery, LLC AND THE iBiDMachinery WEBSITE IS ONLY A VENUE OR MARKETPLACE

Each IBiDMachinery, LLC website is only a venue or marketplace for our users to offer, sell and buy many different items. Our role is only to provide a venue for listings, offers and acceptances, and facilitate the exchange of information between buyers and sellers. We are not involved in forming the actual transaction between buyers and sellers, we are not an agent of buyer or seller, and we do not take title to the items at any point in the sales process. Any agreement reached by a buyer and seller with respect to the terms of sale for an item is solely between such buyer and seller. As a result, we have no control over and do not guarantee the quality, safety, or legality of items listed for sale, the truth or accuracy of seller's 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.  

2. DISPUTES BETWEEN USERS; RELEASE OF THE COMPANY

You will not hold IBiDMachinery, LLC responsible for any user's actions or inactions relating to the purchase and sale of items listed on IBiDMachinery, LLC Website. If you have a dispute with one or more users, you release IBiDMachinery, LLC, its subsidiaries and affiliates, and their respective officers, directors, agents, employees and third party suppliers, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation those claims, demands and damages based in whole or in part upon the Company's negligence, gross negligence, statutory liability or strict liability, arising out of or in any way connected with such dispute. 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.

3. LIMITED WARRANTY

All machinery, other than "New Equipment with Warranty," is sold "as is where is" with all faults. Seller does warrant that all used, rebuilt and reconditioned machinery will be mechanically in good working order. Seller will disclose any known defects beyond normal wear and tear for the equipment listed on Seller’s behalf by iBiDMachinery. Seller makes no warranties, expressed or implied, as to merchantability or fitness for purpose. Seller is not responsible for any expressed or implied warranties made by the manufacturer and makes no warranty that the machinery complies with any requirements of federal, state or local laws and industrial codes, including without limitation, the Occupational Safety and Health Act of 1970, and all amendments thereto.

4. PRICING AND PAYMENTS

IBiDMachinery, LLC will charge Sellers a Premium of up to 20% of the final selling price as agreed upon between Seller and iBidMachinery, LLC prior to listing the machinery on the iBiDMachinery website. This Seller’s premium is due in full when the Buyer has paid for the equipment in full at a final sales price agreed upon by Seller and iBidMachinery. Buyer will send funds to iBiDMachinery via ACH, check, credit card or by any other means acceptable to IBiDMachinery.  After confirmation of availability of funds received from Buyer, iBiDMachinery will send Seller funds via ACH in the amount of the final selling price of the equipment less the Seller’s premium. iBiDMachinery will make payment to Seller, less Seller’s Premium, within Two (2) Business days of receipt of payment from Buyer and verification of funds availability.  Seller is under no obligation to release equipment to Buyer prior to receipt in full of sales monies due to Seller for the specific purchased equipment. Once payment is made in full to Seller, Seller must make reasonable efforts to prep the equipment for shipping and loading in a timely manner.

In the event of insufficient funds or returned or reversed funds by Buyer, to cover the outstanding amount due, IBiDMachinery, LLC reserves the right to pursue legal action which includes, but is not limited to, collections and or legal action.

Buyer is responsible for any sales or use tax.

Shipping/Delivery: Buyer is responsible for rigging, shipping, decommissioning, set up and training unless specifically agreed upon in writing prior to final sale.   In case of transport damage, buyer shall make all claims for damage directly with carrier.

Return Policy:

Inferior Goods & Equipment: If goods/equipment are significantly inferior than represented and absolutely not acceptable to CUSTOMER, SELLER will immediately refund purchase price, upon return of goods/equipment, freight collect; CUSTOMER must notify seller in writing within SEVEN (7) Days of receipt of equipment of any material defects not disclosed by Seller in the listing.

5.  LISTING REQUIREMENTS; LICENSE

When you list goods for sale on IBiDMachinery, LLC Website, you represent and warrant that you have the authority to sell such goods, free and clear of any liens, claims or other encumbrances. You further agree to use commercially reasonable efforts to supply accurate information, including disclosure of any defects or known issues beyond normal wear and tear for each listing, and will be solely responsible for the listing information you provide. When you give us content for a listing of goods, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

6.  ELIGIBILITY AND USE OF LISTING SERVICES

The IBiDMachinery, LLC Website and Listing Services are available only to individuals and entities that can form legally binding contracts under applicable law, and are not available to minors. You represent and warrant that (i) all company information provided during the listing process is accurate and complete, and (ii) you will update such information from time to time so that it is kept current, accurate and complete at all times. If you are listing equipment with the iBiDMachinery as a business entity, you represent that you have the authority to legally bind that entity.

7. USER RESPONSIBILITIES

When using IBiDMachinery, LLC Website and Listing Services, you agree that you will not do any of the following:

• Violate any laws or the specific Rules or Policies for IBiDMachinery, LLC Website
• Violate or infringe, or cause the Company to violate or infringe, the intellectual property or other rights of any third party, including copyright, trademark, trade secret, privacy or other proprietary rights
• Fail to deliver payment for items purchased by you
• Fail to deliver goods purchased from you
• Manipulate the price of any posted item by communicating with other buyers or by any other means
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from any IBiDMachinery, LLC Website without the prior express written permission of the Company

Without limiting other remedies, we may limit, suspend or terminate an equipment listing and access to the IBiDMachinery, LLC Website at any time if we believe, in our sole discretion, that you have breached this User Agreement or otherwise engaged in any inappropriate behavior on any of the IBiDMachinery, LLC Website.

8.  DISCLAIMERS

THE IBIDMACHINERY, LLC WEBSITE IS PROVIDED BY THE COMPANY ON AN "AS IS", "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THE IBIDMACHINERY, LLC WEBSITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE IBIDMACHINERY, LLC WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

THE COMPANY DOES NOT WARRANT THAT THE IBIDMACHINERY, LLC WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT ON THE IBIDMACHINERY, LLC WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, AND SECURE OR OPERATE WITHOUT ERROR.

THE COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR SELLER.

9.  LIMITATION OF LIABILITY OF COMPANY

IN NO EVENT SHALL IBIDMACHINERY, LLC BE LIABLE FOR ANY LOSS, CLAIM, DAMAGE OR EXPENSE, OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY OF THE IBIDMACHINERY, LLC WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

IF, NOTWITHSTANDING THE FOREGOING, THE COMPANY SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE (WHETHER IN CONTRACT OR TORT) WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE USE OF ANY OF THE IBIDMACHINERY, LLC WEBSITE, THE LIABILITY OF THE COMPANY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES PAID TO THE COMPANY WITH RESPECT TO THE PARTICULAR TRANSACTION GIVING RISE TO SUCH LIABILITY, OR (B) US$1,000.

10. INDEMNIFICATION

You shall indemnify, defend and hold harmless IBiDMachinery, LLC, its subsidiaries and affiliates, and their respective officers, directors, employees, agents and third party suppliers (collectively, the "Company Group"), from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), brought by or on behalf of any third party against any of the Company Group that arises out of:

(a) Any breach or violation by you of this Agreement, including, without limitation, any breach of your representations, warranties or covenants contained herein,

(b) Any dispute with another user relating to your purchase or sale of items listed on an IBiDMachinery, LLC Website or affiliate websites or

(c) Any personal injury, death or property damage caused by or arising out of the subsequent use of the goods sold or purchased by you as listed on any IBiDMachinery, LLC Website or affiliate websites.

 11.  TERMINATION OF USAGE

This Agreement is in force until terminated by either you or Company. If you disagree with this Agreement, your sole remedy is to terminate your use of the IBiDMachinery, LLC Website and listing services. Upon any termination of this Agreement, all obligations of either party set forth herein which relate to transactions by such party prior to such termination shall survive such termination and continue in effect.

12.  APPLICABLE LAW AND VENUE; WAIVER OF JURY TRIAL

This Site is controlled by IBiDMachinery, LLC from its offices within the State of Georgia, United States of America. The laws applicable to the interpretation of this Agreement shall be the laws of the State of Georgia, without regard to any conflict of law provisions.

You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts of Cherokee County, Georgia, U.S.A., and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to this Agreement may be brought by either party more than two years after the cause of action has occurred.

YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF IBIDMACHINERY, LLC Listing Services, WEBSITE OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON.  THIS PARAGRAPH IS A MATERIAL INDUCEMENT FOR YOU AND THE COMPANY TO ENTER INTO THIS AGREEMENT. 

The scope of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of this Agreement, including without limitation, contract claims, tort claims (including fraud in the inducement), breach of duty claims and all other common law and statutory claims. THIS WAIVER OF JURY TRIAL IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS OF THIS AGREEMENT.  In the event of litigation, this provision may be filed as a written consent to a trial by the court.

13.  COMPANY COPYRIGHT AND TRADEMARKS

The trademarks, tradenames and all other material contained on the IBiDMachinery, LLC Website, advertising, emails and including all portions of the websites, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of the Company or its licensors. Except as expressly permitted hereby, the use of any such intellectual property for any other purpose, or the modification, distribution or republication of such material without the prior written permission from the Company, is strictly prohibited.

14.  ELECTRONIC COMMUNICATIONS AND AGREEMENTS

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the IBiDMachinery, LLC Website. You also consent to the electronic formation of contracts and agreements between you and us and between you and any buyer or seller. You agree that all contracts, agreements, notices, disclosures and other communications that we or any buyer or seller provides to or forms with you electronically satisfy any legal requirement that such contracts, agreements, notices, disclosures, and communications be in writing, or that any signature to any contract or agreement be in writing. IF AT ANY TIME YOU NOTIFY US THAT YOU REVOKE THE CONSENTS CONTAINED IN THIS PARAGRAPH, YOUR access to the iBiDMachinery Listing Services AND ACCESS TO THE IBIDMACHINERY, LLC WEBSITE WILL BE IMMEDIATELY TERMINATED.

15.  NOTICES

Notices shall be given to the Company by e-mail to info@ibidmachinery.comand by certified mail, return receipt requested, to iBiDMachinery, LLC, Attention: President, 6175 Hickory Flat HWY ste 110-116, Canton GA 30115 or to such other address as may be designated from time to time. Notices to the Company shall be deemed to have been given five days after the date of mailing by certified mail, return receipt requested.

Notices to you will be sent by e-mail to the e-mail address given to the Company for notices or such other e-mail address as you may provide by e-mail to the Company from time to time. Notices to you shall be deemed to have been received 24 hours after the e-mail is sent.