Terms of Offer: Members may offer to purchase listed Equipment (a "Bid"). Each Bid is a valid and irrevocable offer to purchase the Equipment for the amount of the Bid until the Listing is removed or a Bid is accepted by the Seller ("Sales Period"). A Bid cannot be withdrawn except in exceptional circumstances (e.g. clear typographical errors). All Bids shall be in UK Pounds Sterling and shall be subject to Seller's terms of sale, if any. If Member: (a) has made a Bid acceptable to the Seller; or (b) for Equipment to be sold at auction, if Member has made the highest Bid at or above the minimum amount (if any) and, in the case of Listings subject to a reserve, at or above the reserve price, the Bid is an "Accepted Bid" and the Member is obligated to complete the transaction in accordance with the Accepted Bid, the terms of the Listing, and Seller's terms of sale. USED FOOD MACHINES will charge an Equipment buyer an additional buyer's premium at the time of sale. All bids are subject to tax at the local rate. ALL EQUIPMENT IS SUBJECT TO INTERNAL REDEPLOYMENT, CANCELLATION OF LISTING OR OTHER SALE PRIOR TO FORMAL ACCEPTANCE OF BID BY SELLER. THE FORMAL ACCEPTANCE OF A BID IS MADE VIA AN INVOICE AND MEMBER SHOULD NOT RELY ON OTHER VERBAL OR WRITTEN FORMS OF COMMUNICATION REGARDING BIDS.
Payment: Accepted Bids must be paid to USED FOOD MACHINES no later than five (5) days after Member is notified that it placed an Accepted Bid. All payments must be made direct to USED FOOD MACHINES by wire transfer, certified cheque, bank cheque, Member cheque with bank guarantee, or approved credit. No Equipment will be shipped until payment has been received in full, including fees and applicable taxes, if any.
If Member fails to pay for their purchase, or cancels their purchase without just cause, USED FOOD MACHINES reserves the right to cancel the purchase and charge an administration fee equal to 15% of the accepted offer, in addition to the Buyer's Premium on the item in question, and may suspend or terminate a Member's account without further notice, in addition to any other remedy either USED FOOD MACHINES or the Seller may have.
Pick up policy: All items purchased must be SCHEDULED for pick up within 15 business days from receipt of payment, unless given specific written permission to extend that time. If the buyer has not made arrangements to pick up the item in that timeframe, the buyer will be subject to additional storage charges that must be paid prior to the buyer picking up the purchased items. USED FOOD MACHINES also reserves the right to cancel the sale if the item has not been scheduled for pick up within 15 business days from receipt of payment. Furthermore, unless previous written arrangements have been agreed upon with the seller, USED FOOD MACHINES reserves the right to cancel the sale if the item has not been physically removed from the seller's property within 30 days from the receipt of payment. In such a case, USED FOOD MACHINES will send the money back minus any buyer premiums, seller commissions, storage costs and any other costs associated with the order.
Additional Terms: ALL TERMS AND CONDITIONS GOVERNING ANY TRANSACTION SHALL BE EXCLUSIVELY BETWEEN MEMBERS. ALL EQUIPMENT LISTING INFORMATION ATTEMPTS TO ACCURATELY REFLECT THE SPECIFICATIONS OF THE EQUIPMENT. THE MEMBER IS RESPONSIBLE FOR VERIFYING THE TRUTH OR ACCURACY OF ALL LISTING INFORMATION. THE MEMBER SHOULD CAREFULLY REVIEW THE TERMS AND CONDITIONS CONTAINED IN THE LISTING AND SELLER'S TERMS OF SALE TO DETERMINE WHETHER THE TERMS MEET MEMBER'S NEEDS. ALL SALES ARE "AS IS", "WHERE IS", AND "WITH ALL FAULTS", AND MEMBER'S ONLY RECOURSE IS AGAINST THE SELLER.
MEMBER HEREBY ACKNOWLEDGES THAT USED FOOD MACHINES AND ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUBSIDIARIES AND EMPLOYEES ASSUME NO LIABILITY WITH RESPECT TO THE QUALITY OR QUANTITY OF EQUIPMENT SOLD OR OFFERED FOR SALE OR FOR ANY LOSS OR DAMAGE TO ANY EQUIPMENT DURING SHIPMENT. USED FOOD MACHINES WILL NOT BE RESPONSIBLE FOR ANY BREACH OF THE TERMS OF ANY TRANSACTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMBER HEREBY WAIVES, RELEASES AND DISCHARGES USED FOOD MACHINES (AND ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUBSIDIARIES AND EMPLOYEES) FROM ANY CLAIMS, LOSSES, DAMAGES AND EXPENSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO ANY TRANSACTION.
USED FOOD MACHINES standard Terms of Service are incorporated into these Terms by this reference as if specifically set forth herein.
