TrucksReady.com - Free To Register Online Auction for used trucks

Sep. 09, 2010

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Terms and Conditions

	The TrucksReady.com (the “Site”) and services offered herein are provided to you by Marketing Ready, Inc. (“TR”, "TrucksReady.com" “we”, “us” or “company”), and is subject to the following terms and conditions set forth in this User Agreement (the “Agreement” of “User Agreement”). By using the “Site”, you agree to adhere to and abide by all rules and regulations set forth herein. We may change, modify, add or remove any portion of this Agreement, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site. Your continued use of the Site after such changes are auctioned will constitute your agreement to such changed Agreement. Nature of Site The Site is only a medium for Site users (each a “User” and collectively “Users”) to buy, sell and market equipment (hereinafter referred to as “Auctioned Item(s)” or “Auctioned Item(s)"). Users agree that TrucksReady.com does not warrant the accuracy nor recommend, promote or represent any and all of item(s) listed for auction or for sale. In addition, this Site shall not constitute a solicitation or offer to buy or sell any Auctioned Item(s). The purchase of Auctioned Item(s) on the Site involves risk, and Users should be experienced in the trade and hereby assume all risk associated with buying and/or selling Auctioned Item(s). Users will be allowed to purchase Auctioned Item(s) pursuant to the terms contained herein. The items listed and/or purchased are not guaranteed by TR or by the other “User” who is selling the item (each a “Seller” and collectively "Sellers"). TR is not involved in the actual transactions between Users and Sellers, and therefore has no control over the quality, safety or legality of the Auctioned Item(s) advertised, the truth or accuracy of the listings, the dependability of information listed, the ability or authority of Sellers to sell the Auctioned Item(s), the deliverability of purchased items(s), or the ability or authority of Users to buy the Auctioned Item(s). TR will not guarantee that a buyer or seller will fully perform completed transaction through TR; therefore, TR does not transfer legal ownership of items from the seller to the buyer, nor hold any title on behalf of the Buyer or Seller. TR will accept payment on behalf of buyers and sellers only hold purchased item or accepted offer. TR does not or will not act acts as an escrow company. From time to time, Sellers require security deposit and/or down payment to hold won item; therefore, TR must request directly from the buyer the same amount required by the seller less transaction fee of $10 per incoming and outgoing wire transfers. Entire Agreement These terms set out the entire understanding between TR and customers, users, Sellers, and bidders with respect to the use of this Site. No other terms, whether express or implied, shall apply unless specifically incorporated by reference herein. BUYER’S TERMS OF AGREEMENT This document serves as a sales agreement between Trucks Ready, hereafter the Agent and the purchaser, also known as Site User, registered or not, member or not, hereafter the Buyer, kind and disclaims all implied warranties to include warranties of merchantability and fitness for a particular equipment (paid or unpaid) and Trucks Ready does not guarantee that the equipment is free and clear of any liens or encumbrances. Further no commitment is made by the Agent as the functionality or condition of any item represented or listed on our site(s). Buyer or the Seller assumes all responsibility to validate the accuracy and presence of the items listed on this buyer’s agreement. The Buyer is responsible to provide for the inspection, transportation and/or storage of the purchased equipment listed herein. All purchased equipment must be removed from Agent’s facilities, if any, or at sellers’ location at time specified by the Seller. Seller may ask Buyer to sign their own agreement. Agent accepts no responsibility for damage or loss (by it physical, monetary, or intangible in nature) sustained by any of the parties involved either directly or indirectly by this agreement or as a result of the processing of this agreement. A refundable deposit may be required by the seller to hold the item. Deposits are forfeited if terms not met by the Buyer. Buyer assumes all responsibility for the purchased equipment to include any damage or loss that may occur after execution of this agreement. Buyer Agrees that all Equipment sold is “as is”, “where is”, sometimes “site unseen” with no warranties implied or given between Agent and the Buyer. Warranty is maybe available separately through Seller, Manufacturers or other third party companies. Buyer is responsible to ask seller of any, if any, applicable warranties for purchased item. If you need any assistant to make your purchase secure and successful please let Trucks Ready manager work with you directly to secure your purchase. If financing is required we will refer you to trusted financial institution(s). BUYER’S AUTHORIZATION AGREEMENT Payment: At no time should you be asked by any Trucks Ready employee to make any type of payment, including security deposit by cash directly to any other account other than Trucks Ready and the actual Seller’s acceptable form of payment. In order to facilitate the timely release of purchased equipment, Buyer must adhere to seller’s acceptable terms. Trucks Ready will not be liable for payments made to any other accounts other thanMarketing Ready, Inc. Please report any suspicious payment requests directly to forsale@equipmentready.com. Buyer acknowledges that the discretion, the information and/or liabilities in part or in its entirety is the responsibility of Seller. Buyer accepts all liability for information received by it under this Agreement and agrees to defend, indemnify and hold harmless publisher from any and all claims, demands, liability and legal expenses arising from the information supplied by the seller. Buyer agrees to the complete terms and conditions of this Agreement located at http://www.equipmentready.comor available upon request. SELLER’S TERMS OF AGREEMENT This document serves as a “referral agreement” between Trucks Ready and its affiliates, hereafter the “Agent”, and Site User, registered or not, member or not, hereafterand the “Seller”, hereafter the Dealers, Equipment Broker, Resellers, Banks, Auctioneers, Individual (private seller) or specifically company described above. Hereafter the Seller and the Agent are in full agreement and comprehension of the terms and conditions laid forth. The Agent makes no express warranty of any kind and disclaims all implied warranties to include warranties of merchantability and fitness of particular equipment “item(s)” for sale or described within this agreement. Equipment shall be deemed free and clear of any lien or encumbrance unless otherwise expressed to Agent of any liens. The Seller assumes all responsibility to validate the accuracy and presence of the items listed on this agreement. The Seller or the Buyer will be responsible to provide for the transportation, inspections and/or storage of the purchased equipment listed herein. The Agent accepts no responsibility for damage or loss (by it physical, monetary, or intangible in nature) sustained by any of the parties involved either directly or indirectly by this contract or as a result of the processing of this offer. If seller requires a refundable security deposit, Agent will make it mandatory to all buyers to hold items for sale only with security deposit. Seller acknowledges that the discretion, the information and/or ad copy or equipment description in part or in its entirety is the responsibility of the seller. Agent understand that all Equipment sold is “as is”, “where is”, sometimes “site unseen” with no warranties implied or given. If Warranty is still available, it is Seller’s responsibility to inform all potential buyers including the Agent. Seller may offer available warranty separately through Manufacturers Warranty Service Program, if available, or other third party companies. SELLER’S AUTHORIZATION AGREEMENT Net Agreement (Net Terms) is due 5 business days after receipt of full funding from the Buyer and will be considered overdue if not paid within the term described here. If payment is not received after 21 business days, Agent has the right to seek legal action in an effort to collect any and all amount due. Agents agrees to pay any and all collection fees, legal fees and any other fees associated with the attempt to collect over due amount. Seller agrees that Agent has the right to contact successful buyers for final confirmation to make sure agreement is fully enforced. All payments must be made payable to Marketing Ready, Inc. to be mailed to 7007 Osler St, San Diego, CA 92111. Paypal payment is also available via payment@equipmentready.com. Wire transfer is also available; please ask your Rep. Seller agrees to hold harmless Agent for any fees, late fees and shipping fees, lost revenue including collection fees, Attorney fees and Court costs incurred by the Seller in the recovery of any loss portion of the payment from the buyer. Cancellation of a PRE-PAID contract will NOT result in a charge back. Agent assumes no responsibility for the purchased equipment to include any damage or loss that may occur after execution of this agreement. Seller accepts all liability for information supplied by it under this Agreement and agrees to defend, indemnify and hold harmless publisher from any and all claims, demands, liability and legal expenses arising from publication of seller’s information and items for sale. Seller agrees to the complete terms and conditions of this Agreement located at http://www.equipmentready.com or available upon request by contacting us by phone @ 619-847-2723 Title Release TR does not own, have title to, or possess any Auctioned Item(s). Due to the fact that TR is an online medium between buyers and sellers and is not involved in dealings between Users, you hereby agree to release TR, its shareholders, directors, officers, employees and agents, affiliates, successor and assigns from and against any and all claims, demands and damages (actual 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 any dispute arising from or related to the Site. All Users are solely responsible for any injuries or damages, of any nature, suffered by the User, its employees, agents, directors, officers, and third parties by virtue of the use, operation, or maintenance of any Auctioned Item(s) purchased using the Site. If you are a California resident, you waive any statutory provision which provides that 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. Unpaid Transactions TR does not guarantee any form of payments resulting from the use of this Site. TR will not reimburse, refund, pay off, and pay damages for any uncollected or unpaid transactions derived from this site. Buyer or Seller is solely responsible for collecting any payment derived from this site. Payment caused by insufficient funds, bad check, fraudulent checks, and any other form of payment is fully the responsibility of the user, Buyer or Seller. TR shall not be responsible for any fees, expenses for lack of funds for any transaction resulting from the use of this Site. Registration No user will be permitted to use or enter a bid to purchase an item listed for sale on the Site without first registering. Only individuals who are authorized to form legally binding contracts on behalf of a business are eligible to register. As used in this Agreement, the term “you” refers to both the individual user and the business that the user represents. Upon your acceptance of this Agreement, your completed registration form shall be submitted to TR. TR reserves the right to disapprove, suspend or terminate your use of the Site for any reason. Without limiting the foregoing, no one under the age of 18 may participate in the Site. User Information User will provide information to TR during the registration process and to TR and other Users during the course of the use of the Site (the "User Information"). User represents and warrants: (1) that all User Information is accurate and complete at the time of registration, and (2) that User information will be continuously updated such that the User Information shall at all times be current, accurate, and complete. Subject to the terms herein, User grants to TR a non-exclusive, worldwide, perpetual, royalty-free and irrevocable license to use the User Information, including any associated copyrights, trademarks, or other intellectual property or proprietary rights User may have in the User information, for any purposes in connection with the Site. By entering into this Agreement, you authorize us to perform an investigation to determine your qualifications as a Licensed Dealer. This investigation may include contacting third parties to verify information you have provided to us. In addition, we may provide any information you provide to us to Sellers using this Site. Sellers are also Users of the Site, and are limited by this Agreement. Full payment from the winning bidder in the amount of the auction closing price and Buyer's fee must post to a secure payment account designated by TR within two (2) business days after the close of the Auction for the Auctioned Item(s). Buyers may send payments via wire transfer or certified bank check. Ownership Certification Sellers are responsible for providing lien-free Auctioned Item(s) to TR marketplace. Third Party Links Where TR provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. TR is not liable for any damages or injury arising from use of such sites. Intellectual Property Ownership User recognizes that the entire content of the Site is TR' copyrighted and trademarked intellectual property. User shall not copy or distribute any copyrighted or trademarked material presented on the Site. Title to, ownership of and all proprietary rights are reserved to and will at all times remain the exclusive proprietary property of TR. Access and Interference You agree that you will not use any automatic device or manual process to monitor or copy TR web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on TR infrastructure. Disclaimer THE SITE, INCLUDING ALL ASSETS LISTED FOR SALE ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TR DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TR MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY ASSET FOR SALE THROUGH THE SITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SITE. TR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TR OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT. TR EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY AUCTIONED ITEM(S) SOLD ON OR THROUGH THE SITE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANONTHER USER. Limitation of Liability IN NO EVENT SHALL TR, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR ANY SELLER BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE AUCTIONED ITEM(S) OR (B) DEFECTS IN SUCH AUCTIONED ITEM(S) ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY. IN ADDITION, IN NO EVENT SHALL TR, OUR SUBSIDIARIES, OFFICES, DIRECTOR, EMPLOYEES, OR ANY SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF TR OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF TR TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00). Indemnification User will defend, indemnify and hold harmless TR, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney's fees) arising from or related to: (1) the use of the Site by User, (2) any breach or violation of these Terms and Conditions by User, (3) any breach of any of User's representations, warranties and covenants. Relationship of the Parties Buyer, Seller, User, Sponsored, Advertisers, Affiliates and TR are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and TR as a result of this Agreement or your use of this Site. You acknowledge and agree that TR is only an intermediary that only relays information about certain Auctioned Item(s) to interested parties. You agree that you will assume all responsibility in connection with choosing to sell or purchase. TR assumes no responsibility or liability for any claims that may result directly or indirectly from the Buyer/Seller relationship, including, but not limited to, tort, breach of contract or breach of warranty claims. YOU HEREBY RELEASE TR AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND AFFILIATES FROM ANY AND ALL CLAIMS OR ACTIONS RELATED TO OR ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE SITE AND OTHER THIRD PARTY IN RELATION TO TR SITE AND ITS CONTENT. Termination TR may discontinue, modify or change any presently available service or content on the Site in whole or in part, at anytime for any reason, without prior notice. Either you or TR may limit or terminate your use of the Site with or without cause at any time and effective immediately. TR shall not be liable to you or any third party for termination of your or any third party's, use of the Site. You acknowledge and agree that any termination or limit on your use of the Site may be effected without prior notice. Choice of Law; Dispute Resolution This Agreement shall be governed by and in accordance with the laws of the State of California, without regard to conflicts of laws provisions. Any controversy involving TR arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate California State or Federal Court and you irrevocably consent to the jurisdiction of such courts and acknowledge that venue is proper in California.
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