Terms & Conditions
By accepting this Agreement (including the Policies) you agree to be bound by it.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership of Machinesales.com. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
Except as specifically described in or authorized by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and Machinesales.com. In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
1.1 Membership Eligibility. Machinesales.com offers its services to its members. Membership is a privilege, not an entitlement and Machinesales.com may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that Machinesales.com changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.
Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 16 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.
Your membership is not transferable. Your Machinesales.com account may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorized use of your account or User ID to us.
1.2 Membership Classes. Machinesales.com offers the following 4 classes of membership:
(1) Bronze Membership – Entitles the user to list up to 20 machines at any one time, have a MachineSales dealer profile, add company news and have up to 5 users
(2) Silver Membership – Entitles the user to list up to 50 machines at any one time, have a MachineSales dealer profile, add company news and have up to 10 users
(3) Gold Membership – Entitles the user to list up to 100 machines at any one time, have a MachineSales dealer profile, add company news and have up to 15 users
(4) Platinum Member ship – Entitles the user to list an unlimited amount of machines at any one time, have a MachineSales dealer profile, add company news, have unlimited users and multiple offices
2. Fees and Services.
Joining (creating an Machinesales.com account) and bidding on our Site is free. Listing and selling items on our Site incurs fees which are set out at http://www.thepitcherfamily.com/sell/. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services.
Like all Policies, we may change our fees from time to time. Changes to fees are effective fourteen (14) days after we ‘post’ notice of the change to the Site. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). You must not charge a buyer any Machinesales.com fees as an additional charge on top of the final price of an item. For this reason, you may wish to consider Machinesales.com fees when determining the minimum or fixed price at which you list an item.
3. Refund Policy
Refunds will be given at the discretion of the Company Management
4. Machinesales.com is not an Auctioneer.
4.1 Online Auctions. Although we may be referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer". Instead, our Site merely acts as an online venue to allow members to communicate and offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". YOU ACKNOWLEDGE AND AGREE THAT MACHINESALES.COM IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, MACHINESALES.COM HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.
When you enter into a transaction you create a legally binding contract with another member, unless the transaction is prohibited by law or by this Agreement or our Policies. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a buyer or seller, or in any other uses you make of our Site. If another member breaches any obligation to you, you - not Machinesales.com - are responsible for enforcing any rights that you may have.
Except as specifically advised otherwise on our Site, Machinesales.com does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between buyers and sellers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through the Site.
4.2 Safe Trading. Because user identification on the Internet is difficult, Machinesales.com cannot and does not confirm each member's purported identity. We encourage users to report any unethical behavior from other users to machinesales.com via our contact page at www.thepitcherfamily.com/contact. We also encourage you to communicate directly with potential trading partners through the tools available on our Site.
4.3 Release. Machinesales.com is not involved in the actual transaction between buyers and sellers and to the extent permitted by law Machinesales.com specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
Machinesales.com is not involved with or a party to any transactions that take place between members. Machinesales.com does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. Machinesales.com may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against Machinesales.com for any matter arising out of any Machinesales.com transaction or otherwise in respect of this Agreement.
This clause does not affect any rights you may lawfully have against Machinesales.com itself for its own acts or omissions.
4.4 Information Control. We may send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement or guarantee of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretense, or international trading, and it is your responsibility to manage those risks. Machinesales.com will in no way be responsible for managing any of those risks on your behalf.
5. Bidding and Buying.
By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller, unless the item or transaction is prohibited by law, by this Agreement or by our Policies. You cannot retract a bid. Machinesales.com may temporarily suspend, indefinitely suspend or terminate your membership within the terms of this Agreement or any of its Policies if you do not complete a transaction without lawful excuse, and you may be in breach of your obligations to both Machinesales.com and the seller and you may be liable to each. If you choose to bid on items, you are warranting that you have the legal right to purchase such items.
6. Listing and Selling.
6.1 Listing Description. You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use.
6.2 Binding Bids. If you are a seller and receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the item's completion, unless there is an exceptional circumstance, such as:
6.2.1 the buyer fails to meet the terms of your listing (such as payment method); or
6.2.2 you cannot authenticate the buyer's identity.
6.3 Fraud. Without limiting any other remedies available to Machinesales.com at law, in equity or under this Agreement, Machinesales.com may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against Machinesales.com in respect of any such suspension or termination of your membership.
6.4 Infringement of Rights. You must not, by any means, infringe the rights (including intellectual property rights) of others.
6.5 Manipulation. Neither you, nor any other bidders or sellers, may manipulate the price of any item by, for example, conducting, encouraging or permitting certain activities. You also must not, in any way, interfere with the listings of other members.
7. Your Information.
7.1 Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration, bidding or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).
7.2 Restrictions. You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.
Your Information must not, in any way whatsoever, be potentially or actually harmful to Machinesales.com or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Machinesales.com. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
7.2.1 be false, inaccurate or misleading or deceptive;
7.2.2 be fraudulent or involve the sale of counterfeit or stolen items;
7.2.3 infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
7.2.4 violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
7.2.5 be defamatory, libelous, threatening or harassing;
7.2.6 be obscene or contain any material that, in Machinesales.com's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such content;
7.2.7 contain any content that is prohibited or that, in Machinesales.com's sole and absolute discretion, may be prohibited under any applicable laws or regulations;
7.2.8 contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Machinesales.com website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
7.2.9 create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
7.2.10 link directly or indirectly to or include descriptions of goods or services that:
188.8.131.52 are prohibited under this Agreement;
184.108.40.206 are concurrently listed for sale on a web site other than Machinesales.com's (this does not prevent linking to or advertising an Machinesales.com item from another web site); or
220.127.116.11 you do not have a right to link to or include.
Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service), if the payment to us of the listing fee or the final value fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation.
8. Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Machinesales.com by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written permission of Machinesales.com or of the party authorized to grant such permission.
Feedback belongs to Machinesales.com although we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with our Policies, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Machinesales.com.
10. Termination of Membership.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO MACHINESALES.COM AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
(1) you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
(2) we are unable to verify or authenticate any information you provide to us;
(3) we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
(4) if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.
In addition, Machinesales.com reserves the right to terminate your membership for any reason whatsoever, without prior notice to your, in Machinesales.com’s sole discretion.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
12. No warranty.
12.1 WE PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIRED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside of our control, Machinesales.com shall not be liable.
12.2 To the extent that Machinesales.com are able to limit the remedies available under this Agreement, Machinesales.com expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Machinesales.com's sole discretion):
(a) in the case of goods, any one or more of the following:
12.2.1 the replacement of the goods or the supply of equivalent goods;
12.2.2 the repair of the goods;
12.2.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
12.2.4 the payment of the cost of having the goods repaired; and
(b) in the case of services:
12.2.5 the supply of the services again; or
12.2.6 the payment of the cost of having the services supplied again.
However, this clause may not apply to you.
13 Liability limit.
13.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT MACHINESALES.COM AND ALL AFFILIATES AND RELATED ENTITIES OF MACHINESALES.COM HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
(A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR
13.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Machinesales.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation. For example, if Machinesales.com is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in this clause may not apply to you.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal 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.
(D) Legal Compliance.
In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate any legislation or regulations.
Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
YOU ALONE, AND NOT MACHINESALES.COM, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, BIDDING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.
(E) No agency.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind Machinesales.com, its related entities or affiliates in any way whatsoever.
Except as stated otherwise, any notices must be given by registered ordinary post (or if posted internationally , by registered airmail) or by facsimile transmission to +13476947471. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.
(G) Mediation and Dispute Resolution.
We encourage you to try and resolve disputes with other members directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate.
Disputes between you and Machinesales.com regarding our services, complaints or suggestions should be reported to [email protected]
This Agreement will be governed in all respects by the laws of the State of New York, USA. All disputes arising out of or relating to this Agreement between yourself and Machinesales.com will be settled first by informal, confidential negotiation between the parties, within 7 days of the dispute first being notified between the parties. Where the parties cannot resolve the dispute within this time frame, either party may submit the dispute for binding arbitration, which will be held within 30 days of the dispute first being notified between the parties, to be carried out in New York, New York. Any final arbitration decision will become binding on both parties and will be enforceable in any court of law. If, within 15 days of initiation of the arbitration procedure, the parties have not agreed upon an arbitrator, either party may petition the Courts of the State of California for the appointment of a neutral arbitrator. A written decision of the arbitrator will be final, legally binding, and enforceable by a court with proper jurisdiction and be rendered within thirty (30) days after the conclusion of the arbitration hearings and will set forth in detail the reasons for such decision, which will be based on applicable law. The exclusive language of the arbitration will be English.
(H) Important terms.
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of Machinesales.com, and you agree to be bound by them.
We may change the Terms and Conditions from time to time. We may notify you of any changes in the
Terms and Conditions, but are not obliged to do so. All amendments to the Terms
and Conditions will be posted on this webpage, and it is your responsibility to regularly review this.
Terms and Conditions last updated 10/10/2012
If you have any questions in relation to this, please contact our officies as follows:
Machine Sales Inc., Registered office:
1049-C El Monte Ave #44
Mountain View, CA
Phone +1 424 214 0009
Email [email protected]