LISTING AND SELLING
- Definition: “Your Equipment Information” is defined as any information you provide to us about your equipment, via phone, fax, online, applications, or through any email feature.
- There is no contractual obligation to Piling Broker when you List your equipment. Only when we have a buyer interested in your equipment do we require a signed sales contract before proceeding. That means you are not financially obliged to Piling Broker unless we sell your equipment. If you sell your equipment yourself, please inform Piling Broker so that we may remove your listing(s).
- Listings will not display seller names or addresses. All transactions and offers will be conducted through Piling Broker or one of its designated agents.
- Piling Broker determines the published List Price based upon your asking price. Pricing may also be determined by other factors such as market conditions, currencies and our commission structure.
- You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category and are subject to revision at our discretion.
- Piling Broker reserves the right to refuse listings submissions for any reason.
- Stock Photos: Piling Broker strives to authentically represent equipment on our site. For that reason, we do not accept “stock” or promotional photos from manufactures websites. However, if a manufacturer has listed new equipment on our site we will accept their “stock” picture as a fair depiction of their product.
BROWSING AND BUYING
- Binding Offer to Purchase.
You acknowledge and agree that bidding on the Marketplaces is the legal equivalent of a firm commitment and an irrevocable offer to purchase. Unless the transaction is prohibited by law or regulation or as otherwise noted in these Buyer Terms, once placed a bid may not be retracted and you are obligated to complete the transaction as follows:
Online Auction – If you are the highest bidder and have met or exceeded the applicable opening bid at close of the auction.
Buy Now – If you choose to purchase Equipment by clicking the “Buy Now” icon on the Equipment page.
Make Offer – If you submit a bid on the Equipment and (a) the bid meets or exceeds the minimum price as established by the Seller (“Asking Price”); (b) the bid is accepted by the Seller; or (c) the Seller proposes a counter offer and you accept. Otherwise, your obligation to complete the transaction will expire two (2) business days after it was submitted or upon acceptance of another bid by the Seller, whichever occurs first.
Reserve – (a) If you are the highest bidder and your bid meets or exceeds the minimum price as established by the Seller (“Reserve Price”) at the close of the Reserve Period noted on the Reserve listing (“Reserve Period”), or (b) If the Reserve Price is not met, you’ve submitted a bid on the Equipment and, within two (2) business days after the closing of the Reserve Period, the Seller proposes a counter offer and you accept.
- We are limited by information given to us by Sellers. As such Piling Broker cannot offer any warranties or guarantees regarding listed equipment and support equipment and is not and cannot be responsible for the information and images that sellers provide..
- Every effort has been taken to assure accuracy of the information on this site. Piling Broker will endeavor to correct typographical or pictorial errors which are brought to our attention.
- You understand that, except for information, products or services clearly identified as being supplied by Piling Broker, Piling Broker does not operate, control or endorse any information, products or services on the Internet in any way.
- Pricing and availability of equipment is subject to change without notice.
- We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.
- YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use or in furtherance of consideration of purchasing items.
- PILING BROKER MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, MATERIALS, PRODUCTS OR ITS SERVICES AND DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PILING BROKER DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND WEB SITE VISITORS MAY NOT RELY ON ANY STATEMENT OF WARRANTY. PILING BROKER IS NOT THE MANUFACTURER OF THE PRODUCTS OR A DEVELOPER OF CERTAIN APPLICATIONS AND THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE PRODUCT MANUFACTURERS. THE SITE AND/OR THE MATERIALS MAY CONTAIN TYPOGRAPHIC ERRORS OR INACCURACIES. PILING BROKER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR MATERIALS INCLUDING ANY OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE WHICH MATERIAL MAY ORIGINATE FROM ANOTHER WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SITE OR MATERIALS IS AT YOUR SOLE RISK. PILING BROKER MAY, IN ITS SOLE DISCRETION, CORRECT OR CHANGE THE SITE, MATERIALS, PRODUCTS OR ITS SERVICES AT ANY TIME.
NO WARRANTY OR LIABILITY
- LIMITATION OF LIABILITY – By using this website or any PILING Broker services, you agree that PILING Broker, its affiliates, and any representatives of PILING Broker or those affiliates are not liable for damages arising out of or in connection in any way with the use of or inability to use the Site, services or applications. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to, compensatory, direct, indirect or consequential damages, loss of data, programs, income or profit, loss of or damage to property and claims of third parties.
- IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR 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 indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
- JURISDICTION -This agreement shall be governed by and construed in accordance with the laws of Quebec, Canada, without giving effect to any principles of conflicts of law. You agree that Quebec is a proper forum for any claim arising out of this agreement or any purchase of any goods or services via this web site. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By downloading or using Content or features of this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country where use of this site is prohibited.
- We may amend this User Agreement at any time without notice.