Equipment Butler - How can I help you?

The following describes the terms on which EquipmentButler.com offers you access to our services.

Welcome to EquipmentButler.com. By using the services available from the domain and sub-domains of www.EquipmentButler.com (the "Site") you are agreeing to the following terms, and the general principles for the web sites of our subsidiaries. If you have any questions, please refer to the Help section on the Site.

Before you may become a member of EquipmentButler.com, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. By accepting this User Agreement, you also agree that your use of other EquipmentButler.com branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites.

This Agreement is effective on September 15, 2006 for current users, and upon acceptance for new users.

* Use the Site 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;

* 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;

* Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

* Circumvent or manipulate our fee structure, the billing process, or fees owed to EquipmentButler.com;

* Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

* Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to EquipmentButler.com);

* Transfer your EquipmentButler.com account (including feedback) and User ID to another party without our consent;

* Distribute viruses or any other technologies that may harm EquipmentButler.com, or the interests or property of EquipmentButler.com users;

* Copy, modify, or distribute content from the Site and EquipmentButler.com's copyrights and trademarks; or

* Harvest or otherwise collect information about users, including email addresses, without their consent.

EquipmentButler.com and the community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy violations to us info@equipmentbutler.com.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Joining EquipmentButler.com and bidding on listed items is free. However, the following fees apply:

Upon the successful completion of your listing (i.e. you item has been sold), sellers agree to pay a 10% commission of the final sales price to EquipmentButler.com. EquipmentButler.com will collect all funds from the buyer, retain its commission, and send the remaining funds to the seller.
Upon winning an auction, buyers agree to pay a buyer’s premium of 2.5% of the final sales price to EquipmentButler.com. EquipmentButler.com will collect the final sale price plus the 2.5% commission from the buyer, retain its commission, and forward the remaining funds to the seller according to the terms agreed to by the seller.
Other fees maybe charged to users (for example, logistic services arranged on your behalf by EquipmentButler.com).

Please review our Fees Schedule prior to accepting these terms and condition. EquipmentButler.com retains the right to change our Fee Schedule without prior notice. Changes to our Fee Schedule are effective immediately after we make the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, discount on logistic services) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site 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, and/or retaining collection agencies and legal counsel).

After the buyer has been notified of successfully winning an auction, he or she has the right to inspect the machinery within seven (7) business days. If the inspection does not occur within this allotted time, the buyer waives the right for inspection. During the inspection, the buyer retains the right to refuse the purchase of the machinery. Otherwise, the sale is final.

If the seller does not allow inspection of the machinery, this should be noted on the description. Otherwise, it is assumed that inspections are allowed.

Unless otherwise stated in the listing of an item, the buyer is fully responsible for the costs involved in removal, loading, shipping, and other services related to logistics of shipping the item(s). EquipmentButler.com is not responsible for any costs related to shipping of an item.

§ Seller will sell at the final price. No price discount or price increase will be allowed. In the event the price changes from the final sale price, the buyer retains the right to refuse the purchase of the machinery.

§ Seller agrees to pay EquipmentButler.com the 10% commission based on the final sales price. For further details, please review our Fee Schedule.

§ Seller must ship the item or disclose shipping details to the buyer upon confirmation that EquipmentButler.com has received payment.

§ Seller is responsible for any Local, State, or Federal taxes. Seller is also responsible to comply with any applicable laws.

§ Buyer will make payments only through EquipmentButler.com. Direct payment to the seller will result in termination of account. EquipmentButler.com retains the right to pursue legal action.

§ Buyer agrees to purchase the item at the final sales price. In the event the buyer refuses to pay the final sales price, the seller retains the right to refuse the sale of the item to the buyer.

§ Buyer agrees to pay EquipmentButler.com the 2.5% buyer’s premium based on the final sales price. For further details, please review our Fee Schedule.

§ Buyer is responsible for any Local, State, or Federal taxes. Buyer is also responsible to comply with any applicable laws.

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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.)

You will not hold EquipmentButler.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. 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 the State of Washington. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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 Site.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

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.

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to EquipmentButler.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

* Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

* Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of EquipmentButler.com and the appropriate third party, as applicable;

* Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

Information about our customers is an important part of our business. We are not in the business of selling it to others. Equipmentbutler.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.

You can access and modify the information you provide us. If you object to your Information being transferred or used in this way please do not use our services.

Periodically, we will send you updates via email or postal service on newly listed machinery and services provided by our company. To be removed from our mailing list, please send an email message to info@equipmentbutler.com. Please include your email address, name, and company name.

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.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

If a dispute arises between you and EquipmentButler.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and EquipmentButler.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us at: info@equipmentbutler.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against EquipmentButler.com must be resolved by a court located in Clark County, Washington, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Clark County, Washington for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.