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Terms & Conditions

Site Usage Terms and Conditions

The following Site Usage Terms and Conditions ("Site Usage Terms") establish the terms of your use of Machine Tool Bids, LLC’s sites and services (e.g., www.machinetoolbids.com) and any third party marketplace, as well as on-site events to be held by a Machine Tool Bids, LLC company or affiliate (together, the "Site").

1. CAPACITY TO CONTRACT. The Site is available only to individuals acting in a professional capacity (non-consumers) If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on its or his/her behalf. Without limiting the foregoing, (i) minors in any jurisdiction, (ii) consumers that reside in one of countries of the European Union and (iii) individuals who have been suspended from the Site may not use the Site. For Sellers in one of the countries in the European Union, the Site may only be used by commercial (non-consumer) parties, who have a valid VAT ID number that is verifiable through the EU Commission's VIES database (accessible via the following web link: http://ec.europa.eu/taxation_customs/vies/vatResponse.html)

2. REGISTRATION. Registration is required to use certain features of the Site. Machine Tool Bids, LLC reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a "Registered User") and to suspend or terminate your authorization to use the Site for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site, with the Buyer Terms and Conditions and Seller Terms and Conditions, respectively. You represent and warrant that (i) all information provided to Machine Tool Bids, LLC is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that Machine Tool Bids, LLC may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which are your sole responsibility. Machine Tool Bids, LLC reserves the right, in its sole discretion, to disapprove of any application to list Equipment and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.

3. LOGIN ID, PASSWORD, SECURITY. You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify Machine Tool Bids, LLC immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

4. USER RESPONSIBILITIES. You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Site in a manner that sends more request messages to Machine Tool Bids, LLC’s servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.

5. USER INFORMATION AND PRIVACY STATEMENT. Machine Tool Bids, LLC has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see Machine Tool Bids, LLC’s Privacy Statement, located at http://auctions.machinetoolbids.com/Home/PrivacyPolicy and incorporated herein by reference, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to Machine Tool Bids, LLC’s Privacy Statement and, if you're located in the European Union, you expressly consent that Machine Tool Bids, LLC may transfer, process and store your personal data within and without the European Union.

6. THIRD PARTY LINKS. The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by Machine Tool Bids, LLC. Where Machine Tool Bids, LLC provides such third-party links, no representations or endorsements are made in connection with such sites. Machine Tool Bids, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Site Usage Terms and Machine Tool Bids, LLC 's Privacy Statement do not apply to your use of such sites. You expressly relieve Machine Tool Bids, LLC from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Machine Tool Bids, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

7. MODIFICATION AND AVAILABILITY. Machine Tool Bids, LLC may, at any time, delete, modify or supplement the content of this Site without prior notice. Machine Tool Bids, LLC reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Machine Tool Bids, LLC may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.

8. MONITORING. You agree that Machine Tool Bids, LLC has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site.

9. SERVICE AVAILABILITY. Machine Tool Bids, LLC makes reasonable commercial efforts to make its Services and Site available. However, Machine Tool Bids, LLC is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an Advertisement.

10. SECURITY. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

11. COPYRIGHT AND TRADEMARKS. The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Machine Tool Bids, LLC or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from Machine Tool Bids, LLC is strictly prohibited.

12. TERMINATION. Without limiting any other remedies, Machine Tool Bids, LLC shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in Machine Tool Bids, LLC’s sole discretion for any reason, including, without limitation, if we determine that you have violated the Site.

13. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES, PROVIDED BY OR THROUGH MACHINE TOOL BIDS, LLC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHETHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MACHINE TOOL BIDS, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF MACHINE TOOL BIDS, LLC OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. GOVERNING LAW. For users contracting with Machine Tool Bids, LLC. these Site Usage Terms shall be governed by the laws of the State of Illinois. In each case, the Site Usage Terms shall be governed by the laws of such jurisdiction without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and, if user is located in the United States, the Uniform Computer Information Transactions Act, do not apply.

15. AMENDMENT OF SITE TERMS. Machine Tool Bids, LLC may, modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.

16. NOTICES. Any notice to Machine Tool Bids, LLC must be in writing and must be sent via email to info@machinetoolbids.com and by registered mail or overnight courier to Machine Tool Bids, LLC, 1639 Walnut Street, Chicago, IL 60612, U.S.A. Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.

17. MISCELLANEOUS. If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by Machine Tool Bids, LLC to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, Machine Tool Bids, LLC does so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.

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Copyright Policy

Machine Tool Bids, LLC respects the intellectual property of others, and we expect our users to do the same. Machine Tool Bids, LLC may suspend and/or terminate listings and/or the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should provide Machine Tool Bids, LLC copyright agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Buyer Terms and Conditions

KEY BUYER POINTS

Machinetoolbids.com is a marketplace for used manual and CNC machinery and equipment that enables sellers to list and advertise their items for sale to a global audience of buyers. The actual contract for sale is directly between sellers and buyers. Machine Tool Bids, LLC is not a traditional auctioneer, but a marketplace for promoting equipment for sale.

All bids placed by Buyer through the Marketplace are binding towards the Seller and cannot be retracted.
Buyer is liable for all applicable taxes, duties, value added tax, and registration taxes unless the Seller indicates otherwise. For Buyers in the EU, in case of export supplies or (within the EU) intracommunity supplies, a zero VAT rate may apply provided that Buyer provides Seller with the required documentation as indicated by Seller or Machine Tool Bids, LLC on behalf of Seller (e.g., CMR-transport documentation, Bills of Lading, export documents, etc.). This documentation needs to be provided by Buyer to Machine Tool Bids, LLC on behalf of Seller no later than five (5) business days after Equipment is delivered.
Buyer shall pay a Buyer Premium to Machine Tool Bids, LLC for each piece of Equipment that is purchased by Buyer from Seller while using Machine Tool Bids, LLC's Marketplace.
Buyer shall remit full payment for purchased Equipment and other amounts including, applicable taxes, duties, VAT, registration taxes and the Transaction Fee within five (5) business days after the conclusion of the Purchase Contract.
Buyer agrees to remove the Equipment no later than eight (8) business days after conclusion of the Purchase Contract. Failure to do so may result in relocation and/or further storage of the item at expense of Buyer. If Buyer fails to remove the Equipment after sixty (60) days, the Equipment may be deemed abandoned and disposed of as Machine Tool Bids, LLC may determine in its sole discretion.
Delivery of the Equipment will take place from the Seller's premises and Buyer is responsible for all title, registration, freight and transportation costs. EXW Ex Works.
A Default Fee shall be paid to Machine Tool Bids, LLC if Buyer defaults after conclusion of a Purchase Contract.

The Key Buyer Points above provide an overview of the terms and conditions for participating as a buyer in Machine Tool Bids, LLC's marketplace and are subject to the complete Buyer Terms and Conditions below.

BUYER TERMS AND CONDITIONS

These Buyer Terms and Conditions ("Buyer Terms") establish the terms of your use of Machine Tool Bids, LLC's sites and services (e.g., www.machinetoolbids.com, and any third party marketplace, as well as live, on-site events to be held by a Machine Tool Bids, LLC company or affiliate) (together, the "Marketplace") to bid on and purchase equipment and other items ("Equipment"). The listing of items on the Marketplace is further referred to as an "Advertisement(s)". The Buyer, is contracting with Machine Tool Bids, LLC., an Illinois limited liability corporation.

The Buyer Terms were last revised on June 15, 2015.

1. ACCEPTANCE OF TERMS. Before you attempt to buy any Equipment from a Seller through the Marketplace, Machine Tool Bids requires that you read and accept the Buyer Terms. BY CHECKING ON THE SPACE NEXT TO "ACCEPT TERMS & CONDITIONS", YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE BUYER TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE MARKETPLACE AND PURCHASE OF EQUIPMENT. If you choose not to accept the Buyer Terms, you may not bid on or purchase Equipment by means of the Marketplace. If you have any questions, please contact info@machinetoolbids.com

2. SERVICES

2.1. Services of Machine Tool Bids, LLC. Under the terms of this Agreement, Machine Tool Bids, LLC offers you the use of the Marketplace, which functions as a platform on which Sellers can list and advertise Equipment for sale to potential Buyers. Each party is acting on its own behalf, and Machine Tool Bids, LLC is not a party to the subsequent Purchase Contract for Equipment that is entered into between a Seller and a Buyer. Nor do we represent either party in the conclusion of such purchase contract.

2.2. Advertisement Period. The period during which bids can be placed on Equipment shall be determined solely by Machine Tool Bids, LLC.

2.4. Buyer Conduct. Sales price manipulation of any kind, directly or indirectly, by any user is prohibited, including bidding through a secondary account, agent or representative on Equipment that you may be selling, communicating with other Buyers and Sellers or shill bidding.

2.5. Binding Offer to Purchase. You acknowledge and agree that bidding on the Machine Tool Bids, LLC Marketplace is the legal equivalent of a firm commitment and an irrevocable offer to purchase. Unless the transaction is prohibited by law or regulation or the Buyer Terms, once placed a bid may not be retracted and you are obligated to complete the transaction as follows:

2.6. Winning Bids. Machine Tool Bids, LLC is the one and only judge for the determination of winning bids ("Final Sale Price" or "Final Selling Price"). Nonetheless, Machine Tool Bids, LLC shall not be liable for any errors or omissions relating to such determination, whether by Machine Tool Bids, LLC or another third party. After the winning bid on the Equipment has been established by Machine Tool Bids, LLC, such bid will be accepted automatically by the Seller and a purchase contract between Buyer and Seller is automatically concluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. Buyer and Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Marketplace. MACHINE TOOL BIDS, LLC DOES NOT GUARANTEE THAT BIDS PLACED ON THE MARKETPLACE WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.

2.7. Voiding Bids. Machine Tool Bids, LLC reserves the right to reject or void bids, whether winning or not, which it believes (a) have not been made in good faith, (b) are intended to manipulate the listing process or (c) are prohibited by any applicable law or regulation.

2.8. Postponement and Cancellation. Machine Tool Bids, LLC reserves the right to withdraw, postpone or cancel any listing, or any sale that results from a listing, in its own discretion, with or without notice. Machine Tool Bids, LLC shall have no liability to you as a result of any withdrawal, postponement or cancellation.

2.9. Intellectual Property. Machine Tool Bids, LLC owns all right, title and interest in and to all data that is generated by the Marketplace, including, without limitation, data that is generated during a listing.

2.10. Notification of Assignment of Rights. For Buyers in the United States, Machine Tool Bids, LLC hereby notifies you that the consigners of certain pieces of Equipment may have assigned to a qualified intermediary their rights, but not their obligations, for purposes of effecting a deferred Like-Kind Exchange under section 1031 of the United States Internal Revenue Code of 1986, as amended, and applicable regulations.

3. FEES AND TAXES

3.1. Fees. Machine Tool Bids, LLC may change or add fees from time to time, in its sole discretion, with or without notice to you. Other fees that may be payable by Buyer are detailed on the Marketplace.

3.2. Payment and Payment Schedule. Buyer shall remit the Final Selling Price, applicable taxes, duties, Value Added Tax or Vehicle Registration Taxes, Transaction Fees and any other required fees within five (5) business days after conclusion of the Purchase Contract. BUYERS FROM OUTSIDE THE UNITED STATES AND CANADA MUST TENDER ALL PAYMENTS VIA WIRE TRANSFER. All amounts that are due and payable must be paid prior to releasing any Equipment for pick-up or transport.

3.3. Credit Card Requirement. A credit card is required to secure your bid if you are located outside of United States or Canada. If you are the winning bidder we will contact you to make payment arrangements before charging the credit card associated with your account. If, after 24 hours of auction end, we have not successfully secured a deposit or you have not made other payment arrangements, the credit card on file will be charged the 15% buyer’s premium associated with the sale.

3.4. Buyer’s Premium. The 15% buyer’s premium is a non-refundable, service fee that can be paid using the credit card associated with your account. Credit card payments can also be accepted for freight and rigging but not for machinery.

3.5. Tax. All bids and offers for Equipment must be net of any taxes imposed with respect to the purchase. You are liable for all such taxes or for establishing to Machine Tool Bids, LLC's satisfaction, on behalf of the Seller, a valid exemption certificate from such taxes. You acknowledge and agree that Machine Tool Bids, LLC is providing a service in the calculation, reporting and remittance of sales or use taxes for transactions that arise in connection with your use of the Marketplace, and you ultimately remain liable for any sales or use tax liability. To support sales tax and VAT treatment of the transaction, you are responsible for providing Machine Tool Bids, LLC with any necessary documentation (e.g., Bills of Lading, export documents, etc.) no later than five (5) business days after Equipment is delivered. In the event Machine Tool Bids, LLC charges Buyer's credit card for taxes on a purchase that is subsequently exempted from such tax, Machine Tool Bids, LLC will refund the amount to Buyer's credit card promptly upon notice of such exemption.

4. COMPLETION OF TRANSACTIONS

4.1. Removal of Equipment. As per the Purchase Contract, Seller shall deliver the Equipment EXW - Ex Works from Seller's premises. You are responsible for dismantling, loading and shipping the Equipment for transportation, unless otherwise noted in the listing details for the Equipment. You shall remove the Equipment from Seller's premises no later than eight (8) business days after conclusion of a Purchase Contract unless otherwise stated in the listing details for the Equipment, after which you may be responsible for payment of Storage Fees, and in some cases payment of cost to transport Equipment to an alternate location, as detailed on the Marketplace and incorporated herein by reference. Unless otherwise noted in the listing details for the Equipment, standard Storage Fees are as set forth on the Marketplace.

4.2. Liability for Equipment. The responsibility and risk of loss for Equipment shall be and remain at the risk of Seller (and never of Machine Tool Bids, LLC) until the earlier of: (i) the removal of the Equipment by Buyer (or Buyer's designated transportation provider) or (ii) receipt by Seller of proceeds from the sale of Equipment. Thereafter, the Equipment shall be and remain at the risk of you or your designated transportation provider (and in no event Machine Tool Bids, LLC).

4.3. Default. If, after five (5) business days following the conclusion of a Purchase Contract, you have not made full payment of the Final Selling Price and all other applicable fees to Seller, you are in default and shall be subject to a Default Fee and Late Payment Fee, as detailed on the Marketplace. In such event, as well as in regard to any other fees owed by Buyer to Machine Tool Bids, LLC in regard to other transactions, Machine Tool Bids, LLC reserves the right to, and you hereby consent that Machine Tool Bids, LLC may, offset any such charges from amounts paid by you and invoice you for the remainder, with the invoice to be paid within fifteen (15) days following the date of the invoice.

4.4. Abandoned Equipment. Unless otherwise stated in the listing details for the Equipment, Seller may deem your failure to claim and remove Equipment within sixty (60) days following the conclusion of a Purchase Contract to be evidence of your intention to abandon the Equipment, and Machine Tool Bids, LLC on behalf of Seller may take action that is adverse to your interest in the Equipment, including, but not limited to, any appropriate steps under the law to dispose of the Equipment.

4.5. Freight and Transportation. You are responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination. These costs include dismantling, special handling, loading, transportation costs and permits required to move the Equipment. You may arrange transportation of Equipment on the Marketplace with one of our transportation partners; however, Machine Tool Bids, LLC shall not be liable for any acts or omissions arising from any transportation arrangements.

4.6. Export. You are advised to have all such certificates and permits issued and completed prior to transporting the Equipment otherwise you may be subject to clearing, permit, and/or other payments if the Equipment is stopped and held at a port of entry to a state, province or country. For Buyers in the United States, if you plan to export Equipment through U.S. Customs, we on behalf of Sellers recommend that you engage the services of a U.S. forwarding agent to prepare documents that are required by U.S. Customs Control. These documents may include a power of attorney that authorizes a forwarding agent to complete the necessary Shipper Export Declaration (SED) and filing the Automated Export System (AES) record. Machine Tool Bids, LLC cannot be held responsible for lack of manufacturers' identifying numbers or engine or serial numbers.

4.8. Finalization of the Transaction. Buyer shall provide all relevant shipping information in respect of the Transaction by uploading the bill of lading and other requested documents by means of the Marketplace, in order to prove that Buyer has fulfilled its obligation to take delivery under the Purchase Contract.

5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

5.1. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH MACHINE TOOL BIDS, LLC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PIECE OF EQUIPMENT IS SOLD "AS IS, WHERE IS," AND NEITHER SELLER NOR MACHINE TOOL BIDS, LLC MAKES ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SELLER NOR MACHINE TOOL BIDS, LLC MAKES ANY WARRANTY THAT THE EQUIPMENT WILL PROPERLY FUNCTION OR OPERATE WHEN DELIVERED TO YOU NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER DELIVERY. MACHINE TOOL BIDS, LLC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OR OTHER USERS OF THE MARKETPLACE. IF YOU ARE DISSATISFIED WITH THE MARKETPLACE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MARKETPLACE. FOR SALES OF EQUIPMENT THROUGH LIVE, ON-SITE EVENTS, THE LISTING CATALOG PROVIDED IS MERELY A GUIDE. SALES WILL NOT BE INVALIDATED DUE TO INACCURACIES NOR SHALL MACHINE TOOL BIDS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEYS BE HELD LIABLE AS A RESULT OF DEFECTS OR INACCURACIES IN THE LISTING CATALOG. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO VERIFY ALL LOT INFORMATION PRIOR TO ANY BIDDING. Machines are sold “as-is, where-is” some items are covered by the MTB Purchase Protection Policy as expressly noted. MTB cannot be held responsible for deviations in specifications of machines provided. It is the buyer’s responsibility to confirm all specifications. Neither MTB nor seller makes any makes any guarantees, representations, or warranties, express, implied, statutory or otherwise, of any kind whatsoever, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither seller nor MTB makes any warranty that the equipment will properly function or operate when delivered to you nor that it will continue to operate or function for any period of time after delivery.

5.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MACHINE TOOL BIDS, LLC OR SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF MACHINE TOOL BIDS, LLC OR SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MACHINE TOOL BIDS, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT, THE PURCHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE MARKETPLACE EXCEED, IN THE AGGREGATE, $100.00.

5.3. Indemnity. You agree to defend, indemnify and hold harmless Machine Tool Bids, LLC, its affiliated companies and their respective officers, directors, employees, agents, successors and assigns ("indemnified parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs), made by any third party due to or arising out of (a) your breach of this Agreement, (b) your improper use of the Marketplace, including without limitation any personal injury, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from the Marketplace, or (c) your violation of any law or the rights of a third party. Furthermore, you agree to defend, indemnify and hold Machine Tool Bids, LLC and its Seller harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) for any injuries to persons or property of any type, occurring during your or your agent's inspection of property, your or your agent's presence at a Seller's site or resulting from the sale, removal, use or operations of the purchased property. Machine Tool Bids, LLC shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that Machine Tool Bids, LLC, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed.

5.4. Release. In the event that you have a dispute with one or more users of Machine Tool Bids, LLC's Marketplace, you release Machine Tool Bids, LLC (and our officers, directors, agents, subsidiaries and employees) from 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 such disputes. If you are a California resident, you expressly waive any rights you may have under California Civil Code §1542, which says: "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."

5.5 Notice to Attendees at Live, On-Site Events. Every attendee at a live, on-site event site before, during and after the event shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises and the conduct of third parties, and every attendee shall so advise his agents. You waive as to yourself, your partners, officers, directors, shareholders, agents and employees and any related entities all claims, damages and expenses (including but not limited to attorney's fees and other legal costs and expenses) and assume all risk that may relate to or arise out of your presence at the live, on-site event ("Premises") and to the condition of the Premises including, but not limited to, any injury or damage to person or property, including, but not limited to, the Equipment. You do hereby acknowledge and understand that you and your agents and subcontractors must carry their own insurance for any such injury or damage and that you and your subcontractors assume all risk of any such injury or damage.

6. LEGAL DISPUTES

6.1. Governing Law; Jurisdiction and Venue. For disputes between you and Machine Tool Bids, LLC , Inc., this Agreement shall be governed by the laws of the State of Illinois. In all cases, this Agreement shall be governed by the laws of such jurisdiction without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and, if Buyer is located in the United States, the Uniform Computer Information Transactions Act, do not apply. You agree that the place of performance and legal venues for Machine Tool Bids, LLC and all disputes arising from a contract is Illinois. Machine Tool Bids, LLC also has the right to bring legal action against the customer at his own general jurisdiction. Illinois courts maintain personal jurisdiction over you in connection with seeking equitable relief from a court of competent jurisdiction.

6.2. Dispute Resolution and Arbitration. In the event of a dispute between you and Machine Tool Bids, LLC, you agree to attempt to resolve the dispute with Machine Tool Bids, LLC's Customer Care department for a period of at least ten (10) business days before taking any other action. Following such period, you and Machine Tool Bids, LLC agree that any dispute, claim or controversy arising out of or relating to the Agreement shall be settled by binding arbitration as specified below.

6.2.1. Machine Tool Bids, LLC, Inc. All disputes which arise out of or in connection with this Agreement with Machine Tool Bids, LLC, Inc. shall be arbitrated and finally resolved through the American Arbitration Association ("AAA") in accordance with the commercial arbitration rules of the AAA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the AAA. The place of arbitration shall be Chicago, Illinois. In any arbitration, the parties and the AAA shall comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public, (b) the arbitrator shall be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment, (c) the arbitrator shall have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages, and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.

6.2.3. Machine Tool Bids, LLC Limited. All disputes which arise out of or in connection with this Agreement with Machine Tool Bids, LLC Limited shall first be submitted to mediation under the Mediation Rules of the International Centre for Dispute Resolution. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved dispute or claim arising out of or in connection with this Agreement shall be settled by binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution by a sole arbitrator appointed in accordance with those Rules. The seat of arbitration shall be Dublin, Ireland.

6.3. English Controlling Language. All performance under this Agreement and the resolution of disputes including through arbitration shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this Agreement is provided to you in a language other than English, Machine Tool Bids, LLC does so solely for your convenience.

6.4. Power of Arbitrator. The arbitrator shall have no power to award consequential, punitive, treble or any other manner of enhanced damages. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The prevailing party in any arbitration shall have the right to an award of attorneys' fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

6.5. Improperly Filed Legal Disputes. Any claims that are filed or brought contrary to this Agreement shall be improperly filed and of no force and effect.

7. TERMINATION. Without limiting any other remedies, Machine Tool Bids, LLC shall have the right to terminate your access to the Marketplace at any time, without notice, in Machine Tool Bids, LLC's sole discretion for any reason, including, without limitation, if we (a) determine that you have violated this Agreement (for example, violation of the prohibition on shill bidding), or (b) are unable to verify your bidder information. If you become dissatisfied with the Marketplace, in any way, your only recourse is to immediately discontinue use of the Marketplace.

8. AMENDMENT OF BUYER TERMS. Machine Tool Bids, LLC may, in its sole discretion, change, modify, add or remove any portion of the Buyer Terms, in whole or in part, from time to time with or without notice to you, by posting such changes on the Marketplace, which you agree is sufficient notice to you. Once posted such changes shall come into full force and effect. Your continued use of the Marketplace after changes are posted will constitute your agreement to such changed Buyer Terms. The Buyer Terms may not be otherwise amended except in a writing signed by both Machine Tool Bids, LLC and Buyer Terms.

9. EXPORT CONTROL. As applicable, all Equipment is subject to U.S., Canadian, and other foreign export control laws and regulations, including but not limited to, the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Department of Treasury Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State. Machine Tool Bids, LLC will not allow participation from any person nor allow sales or shipments in violation of U.S. export and re-export control laws and regulations, including EAR, OFAC, and ITAR. You represent that you are not restricted from purchasing Equipment by any such laws and that you shall not take any actions in violation of these laws and regulations or, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Equipment to any destination, entity, or person prohibited by these laws and regulations, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

10. NOTICES. Any notice to Machine Tool Bids, LLC Limited must be in writing and must be sent by registered mail or overnight courier to Machine Tool Bids, LLC, c/o Machine Tool Bids, LLC, Inc., 1639 Walnut Street, Chicago, Illinois, 60612. Any notice to you shall be given by email to the email address provided to you during registration as an Approved Bidder, or as subsequently updated by you, or via posting on the Marketplace, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Marketplace. If you change your email address, you are responsible for updating your account profile.

11. PRIVACY. Machine Tool Bids, LLC's Privacy Statement, located at <>, is hereby incorporated by reference. By entering into this Agreement, you are consenting to have your personal data transferred to and processed in the United States.

12. GENERAL. This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written, between us. In the event of any conflict between the Buyer Terms and the Site Usage Terms and Conditions, the Buyer Terms shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without Machine Tool Bids, LLC's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for Machine Tool Bids, LLC to assign this Agreement, you hereby appoint the officers of Machine Tool Bids, LLC as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.

Seller Terms and Conditions

KEY SELLER POINTS

Machine Tool Bids, LLC is a marketplace for used heavy equipment that enables sellers to list and advertise their items for sale to a global audience of buyers. The actual contract for sale is directly between sellers and buyers. Machine Tool Bids, LLC is not a traditional auctioneer, but a marketplace for promoting equipment for sale.

Machine Tool Bids, LLC primarily offers three listing formats:
- Featured Event: A service where you are able to list and advertise equipment for sale to the highest bidder.
- Daily Marketplace: A service where you are able to list and advertise equipment for sale to the highest bidder who meets or exceeds a reserve price that you set.
- Fixed Price Marketplace: A service where you are able to list and advertise equipment for sale at a buy now price for equipment that is in a ready to work condition.
You are responsible for the equipment until it is removed from your location by the buyer.
You are responsible for maintaining the equipment in the same condition as documented in the listing details and the Inspection Report until it is removed from your location by the buyer.
A qualified operator for equipment designated for inspection will need to be provided by you.
You will need to provide all lien information to clear title and registration documentation and other information necessary to register equipment.
You will need to make Equipment available for transportation by the buyer no later than one (1) business day after the conclusion of the purchase contract with the buyer.
You shall not engage in shill bidding or manipulate the price in any way.

The Key Seller Points above provide an overview of our terms and conditions for participating as a seller in Machine Tool Bids, LLC's marketplace and are subject to the complete Seller Terms and Conditions below.

SELLER TERMS AND CONDITIONS

These Seller Terms and Conditions, including all schedules and other policies, establish the terms of your use of Machine Tool Bids, LLC's sites and services (e.g., www.Machine Tool Bids, LLC.com, com and any third party marketplace, as well as live, on-site events to be held by an Machine Tool Bids, LLC company or affiliate) (together, the "Marketplace") and are incorporated by reference into the applicable listing agreement (collectively, the "Agreement") between you and Machine Tool Bids, LLC for the listing and advertising of Equipment for sale to buyers in the Marketplace.

If you ("Seller") are located within the European Union, Middle-East and Africa, you are contracting with Machine Tool Bids, LLC Limited, an entity organized under the laws of Ireland. If you are located in Canada, you are contracting with Enterprises Machine Tool Bids, LLC Canada, a corporation organized under the laws of the Province of Alberta, Canada. In the United States and for all other areas not otherwise mentioned above, you are contracting with Machine Tool Bids, LLC, Inc., a Delaware corporation, which has a bond (#70259768) on file with the Secretary of State of Illinois .

The Seller Terms were last revised on June 15, 2015.

1. MACHINE TOOL BIDS, LLC'S SERVICES

1.1. Services of Machine Tool Bids, LLC. Under the terms of this Agreement, Machine Tool Bids, LLC offers you the use of the Marketplace, which functions as a platform on which you can list and advertise Equipment for sale to potential buyers ("Buyers"). Each party is acting on its own behalf, and Machine Tool Bids, LLC is not a party to the subsequent purchase contract for Equipment that is entered into between you and the Buyer. Nor do we represent either party in the conclusion of such purchase contract. In consideration of your use of the Marketplace for the listing and advertising of Equipment for sale, commissions and fees as listed in Schedule 1 are payable by you.

1.2. Exclusive Listing. The Marketplace shall be the exclusive listing site for Equipment and you shall not offer for sale or sell the Equipment in any other manner until the earlier of (a) the date such equipment is sold via the Marketplace or (b) the date you withdraw the Equipment from the Marketplace (but in such event no less than ninety (90) days). By entering into a listing agreement for use of the Marketplace, you hereby extend an irrevocable offer to sell the Equipment, as applicable, (a) to a Buyer who is the highest bidder and who meets or exceeds the opening bid or reserve price, or (b) to a Buyer who commits to purchase Equipment at the buy now price.

1.3. Conclusion of Purchase Contract; Bill of Sale. After the winning bid for a piece of Equipment has been established by Machine Tool Bids, LLC or the Buyer has committed to purchase the Equipment at the buy now price, the bid or purchase commitment of Buyer will be automatically accepted by the Seller and a purchase contract between you and Buyer is automatically concluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. Buyer and Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Marketplace. Subject to your receipt of payment for the Equipment, you at your own expense shall deliver a bill of sale and such other documentation as may be reasonably necessary to transfer title to the Equipment to Buyer. Unless otherwise agreed, the Equipment listing will only show your "Machine Tool Bids, LLC Seller ID", but not your formal identity, business name and/or address details. This information will only be provided to Buyer at the conclusion of the Purchase Contract.

1.4. Opening Bid and Scheduling. For Featured Events, Machine Tool Bids, LLC will set the opening bid for the Equipment and the schedule of listing opening times. For the Daily Marketplace, you have the option of setting a reserve price (not to exceed 120% of estimated market value as determined by Machine Tool Bids, LLC) and scheduling the listing opening time for Equipment. You may lower the reserve price for a listing once during a Daily Marketplace listing period, but you may not add a reserve price after the opening time. All Equipment listings in the Daily Marketplace will be scheduled to run for thirty (30) to forty (40) consecutive days, at the discretion of Machine Tool Bids, LLC. In the event Equipment remains unsold after thirty-five (35) days, Machine Tool Bids, LLC will automatically drop the reserve price by 20% to continue the listing or you may elect, without penalty, to remove the Equipment from the Daily Marketplace. For the Fixed Price Marketplace, Machine Tool Bids, LLC will set the buy now prices and schedule the listing opening times. Any unsold items will cascade to a Featured Event for disposition. Timing of the cascade will be managed by Machine Tool Bids, LLC.

1.5. 1.5. No Guarantee on Proceeds; No Shill Bidding. There is no guarantee as to the gross proceeds that may be realized from a listing on the Marketplace. You may not manipulate in any way or by any means the sale price of Equipment, including bidding on your own Equipment to artificially raise the final sales price. In the event of price manipulation, Machine Tool Bids, LLC will (a) ban you from future use of the Machine Tool Bids, LLC Marketplace, (b) cancel any involved transaction(s), and (c) charge you a Shill Bidding Fee.

1.6. Equipment Availability; Risk of Loss. You agree to have the Equipment available for transportation, complete with ignition key, to the Buyer no later than one (1) business day after conclusion of the Purchase Contract. If the Equipment is not available, you will be subject to pay a Post-Closing Delay Fee. Further, if you fail for any reason to release the Equipment to the Buyer after a Purchase Contract is concluded, you will be subject to a Seller Default Fee in addition to any other rights or remedies that Machine Tool Bids, LLC or Buyer may have. The responsibility and risk of loss for Equipment shall be and remain with you (and not Machine Tool Bids, LLC or Buyer) until the earlier of: (a) the removal of the Equipment from the posted Equipment location by Buyer or Buyer's designated transportation provider or (b) receipt by you of all proceeds from the sale of Equipment. Thereafter, the Equipment shall be and remain at the risk of Buyer or Buyer's designated transportation provider (and not Machine Tool Bids, LLC or you). With respect to sales through live, on-site events, Seller shall be responsible for maintaining insurance coverage pertaining to the Equipment and its transfer to and from, and storage at, the event site, until the earlier of transfer of title of the Equipment or removal of the Equipment from the event site and acknowledges that Machine Tool Bids, LLC bears no risk for any loss to the Equipment, including, but not limited to, loss due to theft, fire or water. Machine Tool Bids, LLC has no obligation to maintain insurance coverage pertaining to the Equipment in the possession of Machine Tool Bids, LLC for purposes hereunder.

1.7. Authorization to Use Marks. In connection with your use of the Marketplace, you agree that Machine Tool Bids, LLC may use your name, trademark, logos, service marks and other designations ("Marks") to list you as a reference customer and to advertise, promote and market the Equipment. You hereby grant to Machine Tool Bids, LLC, and represent and warrant that you have a right to grant, a non-exclusive, worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing e-mails to potential Buyers that incorporate Marks.

1.8. Specific Performance. In addition to any other remedies that may exist, if you cancel a listing within two (2) weeks prior to the listing Opening Time or if you fail to have the equipment available for transportation no later than one (1) business day following the conclusion of the Purchase Contract with Buyer, you hereby acknowledge and agree that (a) the damages to Machine Tool Bids, LLC's business reputation, brand and customers are significant and irreparable, (b) an adequate remedy at law for such breach is inadequate, and (c) Machine Tool Bids, LLC may seek enforcement of this Agreement by means of specific performance or injunction, without any requirement to post a bond or other security.

1.9. Delivery. For sales of Equipment to be conducted through live, on-site events, Seller, at its expense, shall deliver the Equipment and all related titles, certifications or other documents relating to ownership to Machine Tool Bids, LLC at the event site no later than twenty (20) days prior to the event. At the time of delivery to the event site the Equipment shall be in compliance with all Federal and State regulations regarding emissions, safety or any other regulations as required by law. Titled items must have a legible VIN or other I.D. as required by law. Seller will disclose to Machine Tool Bids, LLC any and all modifications or omissions to the aforementioned Federal and State regulations.

2. EQUIPMENT LISTINGS. . You may not list goods that are illegal to use or possess under any applicable law, rule or regulation. Machine Tool Bids, LLC reserves the right, in its sole discretion, to (a) refuse to list any piece of Equipment at any time, (b) withdraw any Equipment listing from the Marketplace, or (c) cancel any transaction that it deems to be suspicious or fraudulent and report it to applicable authorities. Any information (including brand name or other indication of origin or manufacture) that you provide related to the Equipment ("Listing Details") must be complete and accurate, and you shall be responsible for any inaccuracies, errors or omissions. Listing Details on the Marketplace may not include links to or a description of other items that you may have for sale outside of the Marketplace. For listings with Machine Tool Bids, LLC Limited, it is the Seller's obligation to provide a valid CE Certificate to certify the item as required under the Machinery Directive 98/37/EC (as amended) and other applicable legislation. All costs of certifying and upgrading imported equipment as required by the Machinery Directive will be the responsibility of Buyer.

3. INSPECTIONS; RESTRICTIONS ON USE

3.1. Equipment Inspections. For all requested inspections, you agree to permit Machine Tool Bids, LLC and/or its authorized representatives to test and inspect each piece of Equipment at a time and place specified in the listing agreement or as otherwise mutually agreed. Machine Tool Bids, LLC shall produce an inspection report ("Inspection Report") for each piece of Equipment. Machine Tool Bids, LLC inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments. Machine Tool Bids, LLC inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Equipment or the use of diagnostic equipment or techniques. Your failure to properly maintain the Equipment from the date of inspection until its removal from your location by buyer will void the inspection. If you alter or perform repairs or other maintenance to the Equipment after the inspection, another inspection will be required, and you will be subject to a Re-inspection Fee.

3.2. Ownership of Inspection Report. The Inspection Report is the sole and exclusive property of Machine Tool Bids, LLC. Except as expressly stated, nothing in this Agreement shall be deemed to grant to any other party, by implication, estoppel or otherwise, license rights, ownership rights or any other intellectual property rights in the Inspection Report. You cannot use the Inspection Report for any other purpose without the prior written approval from Machine Tool Bids, LLC.

3.3. Restrictions on Use of Equipment. From the time of you provide Listing Details to the Machine Tool Bids, LLC Marketplace or an inspection is performed by Machine Tool Bids, LLC until the Equipment is removed from its location by or on behalf of Buyer following conclusion of a Purchase Contract, you may not operate, lease, rent, modify or alter the Equipment. In addition to any other rights and remedies that Machine Tool Bids, LLC may have, a breach of this provision prior to the conclusion of a Purchase Contract for the Equipment may result in either of the following: (a) Machine Tool Bids, LLC may remove the Equipment from the Marketplace and charge you a Removal Charge, or (b) Machine Tool Bids, LLC may continue with the listing in which case if the Equipment was inspected previously by Machine Tool Bids, LLC, you must have the Equipment re-inspected and pay Machine Tool Bids, LLC a Re-Inspection Fee. If the Equipment was not inspected, you must supply updated Listing Details to Machine Tool Bids, LLC and pay Machine Tool Bids, LLC an additional Listing Fee. In the event of a breach of this provision is determined by Machine Tool Bids, LLC in its reasonable discretion and the Equipment has been sold by a Purchase Contract, the transaction is subject to cancellation and you will be charged Seller Default Charge in addition to reimbursement of transportation and other costs incurred by Buyer.

4. LIENS

4.1. Disclosure of Liens. You are responsible for making full disclosure to potential Buyers of all liens, adverse claims and other title encumbrances and third party interests that may exist on or pertain to your Equipment. You will at your own cost and expense warrant and defend title to the Equipment on behalf of the Buyer, its successors and assigns, against the claims and demands of all persons. If your net proceeds from the sale of Equipment listed on the Marketplace are insufficient to discharge creditor claims on the Equipment, you are fully responsible for paying the outstanding debt balance immediately.

4.2. Government Liens. If any government body, including but not limited to tax administrations, the U.S. Small Business Administration or any other governmental entity, holds a lien or encumbrance on the Equipment, then you shall be responsible for the payment of any independent equipment appraisals and documentation fees required to release such liens. You acknowledge and agree, and hereby authorize, that Machine Tool Bids, LLC may, in its discretion, pay for such appraisals and documentation fees and deduct the amount from the proceeds due to you. If the net proceeds due to you are insufficient to pay the fees, you agree to promptly pay Machine Tool Bids, LLC upon receipt of an invoice for the fees.

5. FEES AND PAYMENT

5.1. Fees. The commissions and fees payable to Machine Tool Bids, LLC in consideration for using the Marketplace to list and advertise Equipment for sale are set forth in the listing agreement. Machine Tool Bids, LLC's standard Fee Schedule is detailed in Schedule 1. Machine Tool Bids, LLC may change its fees from time to time, in its sole discretion, with or without notice to you, but no such change shall apply retroactively to Equipment already subject to a listing agreement. It is your responsibility to check all applicable fees prior to entering into a listing agreement.

5.2. Payment of Proceeds. After the Purchase Contract is concluded between you and Buyer, the Machine Tool Bids, LLC Marketplace will generate a third party invoice that is issued to Buyer on your behalf. Buyer is responsible for paying you the purchase price for the Equipment upon conclusion of a Purchase Contract, and you hereby instruct Machine Tool Bids, LLC to act as a payment processor and facilitate receipt of the purchase price. Further, you hereby grant Machine Tool Bids, LLC the right, in its own name, to enforce your right to payment. You agree that no monies shall be payable to you until paid by the Buyer. Once received by Machine Tool Bids, LLC, any monies due to you, net of any commissions and fees due Machine Tool Bids, LLC as detailed in this Agreement, shall be disbursed within fifteen (15) business days after conclusion of the Purchase Contract. You hereby consent to Machine Tool Bids, LLC's right to offset any other commissions and fees specified in this Agreement or that result from additional services requested by you, with any remainder to be paid within fifteen (15) days following receipt of an invoice. You acknowledge that Buyers may fail to perform or pay on a timely basis and that Machine Tool Bids, LLC shall not have any liability to you for any act or omission of Buyers.

5.3. Taxes. You shall be responsible for the payment of any tax or duty that is your responsibility as a seller of the Equipment.

5.4. VAT. This section shall only apply to Purchase Contracts concluded through Machine Tool Bids, LLC Limited. All bids and offers must be net of any VAT imposed with respect to the sale or purchase transaction. Buyers are liable for all such taxes for all purchases. The amount of the successful bid for Equipment shall be exclusive of VAT, and the price payable by the successful Buyer shall be increased by the VAT chargeable to Buyer for such Equipment. In addition, all commissions, fees and other amounts payable to Machine Tool Bids, LLC arising pursuant to this Agreement are calculated without regard to VAT, and the amount payable by Buyer shall be increased by the relevant amount of VAT that may be chargeable. To list and advertise Equipment for sale on the Marketplace, even if you would otherwise be entitled to raise a VAT invoice addressed to Buyer for the purchase of Equipment, you agree not to raise such an invoice and instead to accept a VAT invoice raised promptly by Machine Tool Bids, LLC on your behalf after conclusion of the Purchase Contract. The invoice will be issued to Buyer after you have reviewed and approved the invoice by means of an automated process. Machine Tool Bids, LLC is acting as a payment processor only, and you are responsible for ensuring that the correct VAT rate is applied and any VAT that is due for the purchase of the Equipment under the Purchase Contract. You are required to enter your VAT registration number on becoming a registered user of the Machine Tool Bids, LLC Marketplace, and you shall immediately notify Machine Tool Bids, LLC if that number ceases to be valid for any reason. You shall indemnify Machine Tool Bids, LLC and its affiliates, officers, directors, agents and employees against any tax, cost or expense relating to your and/or Buyer's failure to satisfy any VAT chargeable in relation to a Purchase Contract. For the purposes of these Seller Terms, "VAT" means value added tax as provided for in the EU VAT Directive 2006/112/EEC or similar tax in countries outside the EU.

6. YOUR OPTIONS AFTER BUYER DEFAULT. If the Buyer fails to pay in accordance with the Purchase Contract, the Buyer is considered to be in default. In the event of a Buyer default, you may at your own risk and account rescind the Purchase Contract with Buyer after which you may elect any one of the following options:

6.1. Offer Equipment to Second Highest Bidder. If there was more than one bidder for the defaulted Equipment, you may elect to offer the Equipment to the second highest bidder. If the second highest bidder accepts, a Purchase Contract for the Equipment will be concluded by the Marketplace, and you will receive proceeds based on that second bidder's highest bid, less any applicable commissions and fees payable to Machine Tool Bids, LLC;

6.2. Re-list the Equipment. You may elect to relist the Equipment in a subsequent online listing within thirty (30) days of the buyer default without incurring an additional Listing Fee. In such case, all other terms and conditions continue to apply; or

6.3. Withdraw the Equipment. You may elect, without penalty, to withdraw the Equipment from listing on the Marketplace.

7. REPRESENTATIONS AND WARRANTIES. You represent and warrant that: (a) no Equipment shall be fraudulent, stolen or counterfeit, (b) you are duly authorized to enter into the listing agreement, (c) you are solvent and have not made any assignment, proposal or other proceeding for the benefit of your creditors, and (d) you own all right, title and interest in and to the Equipment and the Equipment is free and clear of all liens or other encumbrances, except as otherwise disclosed by you to Machine Tool Bids, LLC in writing.

8. INDEMNIFICATION. You agree to indemnify and hold harmless Machine Tool Bids, LLC, its affiliated companies and their respective officers, directors, employees, agents, successors and assigns ("indemnified parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs) made by any third party due to or arising out of your breach of this Agreement, your improper use of the Marketplace, or your violation of any law or the rights of a third party. Machine Tool Bids, LLC shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that Machine Tool Bids, LLC, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed.

9. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH MACHINE TOOL BIDS, LLC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MACHINE TOOL BIDS, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF MACHINE TOOL BIDS, LLC OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LEGAL DISPUTES

10.1. Governing Law; Jurisdiction and Venue. For disputes between you and Machine Tool Bids, LLC, Inc., this Agreement shall be governed by the laws of the State of Illinois . For disputes between you and Enterprises Machine Tool Bids, LLC Canada, this Agreement shall be governed by the laws of the Province of Alberta, Canada. For disputes between you and Machine Tool Bids, LLC Limited, this Agreement shall be governed by the laws of Ireland. In all cases, this Agreement shall be governed by the laws of the jurisdiction noted above without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and, if you are located in the United States, the Uniform Computer Information Transactions Act, do not apply. You agree that the following courts maintain personal jurisdiction over you in the event that the arbitration provisions of this Agreement are found not to apply to you or in connection with seeking equitable relief from a court of competent jurisdiction: (a) a state or federal court in the County of San Francisco, Illinois if Machine Tool Bids, LLC, Inc. is the party, (b) the courts located in the Province of Alberta, Canada if Enterprises Machine Tool Bids, LLC Canada is the party, and (c) in the courts located in Dublin, Ireland if Machine Tool Bids, LLC Limited is the party.

10.2. Dispute Resolution and Arbitration. In the event of a dispute between you and Machine Tool Bids, LLC, you agree to attempt to resolve the dispute with Machine Tool Bids, LLC's Customer Care department for at least ten (10) business days before taking any other action. Following such period, you and Machine Tool Bids, LLC agree that any dispute, claim or controversy arising out of or relating to this Agreement shall be settled by binding arbitration as specified below.

10.2.1. Machine Tool Bids, LLC, Inc. All disputes which arise out of or in connection with this Agreement with Machine Tool Bids, LLC, Inc. shall be arbitrated and finally resolved through the American Arbitration Association ("AAA") in accordance with the commercial arbitration rules of the AAA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the AAA. The place of arbitration shall be San Francisco, Illinois . In any arbitration, the parties and the AAA shall comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public; (b) the arbitrator shall be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment; (c) the arbitrator shall have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages; and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.

10.2.2. Enterprises Machine Tool Bids, LLC Canada. All disputes which arise out of or in connection with this Agreement with Enterprises Machine Tool Bids, LLC Canada shall be arbitrated and finally resolved pursuant to the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Alberta, Canada.

10.2.3. Machine Tool Bids, LLC Limited. All disputes which arise out of or in connection with this Agreement with Machine Tool Bids, LLC Limited shall first be submitted to mediation under the Mediation Rules of the International Centre for Dispute Resolution. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved dispute or claim arising out of or in connection with this Agreement shall be settled by binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution by a sole arbitrator appointed in accordance with those Rules. The seat of arbitration shall be Dublin, Ireland.

10.3. English Controlling Language. All performance under this Agreement and the resolution of disputes including through arbitration shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this Agreement is provided to you in a language other than English, Machine Tool Bids, LLC does so solely for your convenience.

10.4. Power of Arbitrator. The arbitrator shall have no power to award consequential, punitive, treble or any other manner of enhanced damages. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The prevailing party in any arbitration shall have the right to an award of attorneys' fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE, AND IF NOT COMMENCED TIMELY SHALL BE PERMANENTLY BARRED.

10.5. Improperly Filed Legal Disputes. Any claims that are filed or brought contrary to this Agreement shall be improperly filed and of no force and effect.

11. TERMINATION, RESCISSION AND DEFAULT. Machine Tool Bids, LLC shall have the right, in its sole discretion, to terminate this Agreement in whole or in part in the event (a) there are liens, encumbrances or adverse claims on or to any Equipment in addition to those that are listed in the listing agreement, (b) your net proceeds are insufficient to discharge creditor claims and pay Machine Tool Bids, LLC's fees after title is cleared, (c) your lien holders are unwilling to release liens and/or allow Equipment to be listed for sale, or (d) you are in breach of the Agreement. In the event of such termination, in addition to any other remedies available to Machine Tool Bids, LLC, you shall pay Machine Tool Bids, LLC (a) 25% of the estimated market value of Equipment, (b) the Listing Fee and (c) any costs incurred by Machine Tool Bids, LLC.

12. AMENDMENT OF SELLER TERMS. Machine Tool Bids, LLC may modify, add or remove any portion of the Seller Terms from time to time, in its sole discretion, with or without notice to you, by posting such changes on the Marketplace. Once posted such changes shall come into full force and effect, however no change in commissions and fees payable to Machine Tool Bids, LLC in consideration for using the Marketplace shall apply retroactively to Equipment already subject to a listing agreement. In addition to other forms of acceptance, use of the Marketplace constitutes acceptance of these Seller Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to Seller Terms.

13. NOTICES. Any notice to Machine Tool Bids, LLC must be in writing and must be sent via email to info(at)machinetoolbids.com or by registered mail or overnight courier to Machine Tool Bids, LLC,1639 W Walnut Street, Chicago, IL, 60612 U.S.A, Attn: General Counsel. Notice to you must be in writing and shall be sent to the address provided by you in the listing agreement. Notice shall be deemed to have been given upon three (3) business days after posting by registered mail or one (1) day after delivery to an overnight courier. If you change your address, you are responsible for providing an updated address to Machine Tool Bids, LLC.

14. PRIVACY. Machine Tool Bids, LLC's Privacy Statement, located at http://auctions.machinetoolbids.com/Home/PrivacyPolicy is hereby incorporated by reference. By entering into this Agreement, you are consenting to have your personal data transferred to and processed in the United States.

15. GENERAL. This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written, between us. In the event of a conflict between the Seller Terms and the listing agreement, the listing agreement shall control. This Agreement supersedes and replaces the terms in any Seller purchase order or other ordering document, and such documents shall be of no force or effect. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without Machine Tool Bids, LLC's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for Machine Tool Bids, LLC to assign this Agreement, you hereby appoint the officers of Machine Tool Bids, LLC as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.

Machine Tool Bids, LLC Privacy Statement

Machine Tool Bids, LLC (hereinafter referred to as "Machine Tool Bids, LLC" or "we") is committed to protecting your privacy. To help you understand how we collect, use and share information about you, we encourage you to read this Privacy Statement, which applies to your use of the Machine Tool Bids, LLC web site(s) operated by Machine Tool Bids, LLC), and any website on which this Privacy Statement appears, along with any emails that we send to you, and any mobile applications that we provide to you, including the "Machine Tool Bids, LLC" mobile app (together the "Machine Tool Bids, LLC Sites" or the "Sites").

This Privacy Statement describes:

What Information Machine Tool Bids, LLC Collects
How the Information is Used
Information Sharing: How and With Whom We Share Your Information
Miscellaneous Policies and Information
Contact Information

1. The Information Machine Tool Bids, LLC Collects

Machine Tool Bids, LLC gathers information from you in two ways: (1) information you provide during voluntary registration and related to Equipment listings, (2) information passively collected through technologies such as cookies, web beacons, and server log files. We refer to both types of information as "Information" in this Privacy Statement.

Information You Provide. When you register with Machine Tool Bids, LLC and/or wish to use the Machine Tool Bids, LLC Sites, we may ask for certain personal information, such as your name, address, and email address. Other specific services that may be offered to you by Machine Tool Bids, LLC from time to time may have additional registration requirements and so may require you to provide additional information. These include payment or shipping information or other contact information.

Information Collected Automatically. We also collect information about you, your browser or your device (and how you interact with them or with the Machine Tool Bids, LLC Sites), when you access the Machine Tool Bids, LLC Sites, using automated means such as cookies, web server logs, web beacons and JavaScript. Those technologies and the data they collect include the following:

Cookies. Cookies are files that websites and other servers may send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Sites and emails may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager by following Adobe's instructions here (instruction vary depending on your operating system and version of Flash). Please note, however, that without cookies you may not be able to use all of the features of our (or other) Sites.
Web Server Logs and Web Beacons. In conjunction with the gathering of information through cookies, Web servers may log information such as your device type, operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record information such as the address of the Web page that referred you to our Sites and the IP address of the device you use to connect to the Internet (which may indicate to us your general location). They also may log information about your interaction with our Sites, such as which pages you visit or how you engage with, open or respond to emails that we send. To control which Web servers collect information by automated means, we may place tags on our Web pages or in our emails called "Web beacons," which are files that link Web pages to particular Web servers and their cookies.
JavaScript. We or third parties also may send instructions to your device using JavaScript or other computer languages to store or gather the sorts of information described above and other details about your interactions with the Sites.
Mobile Device Identifiers. We may collect information about your mobile device, including unique device identifiers such as Apple IDFAs or Android Advertising IDs, device type, mobile browser information, and IP address (from which we may infer your general location information).
Social media information. If we provide a way to log in to your account or our website using an external social media account, the social media account platforms provider (for instance, Facebook) may automatically send us information about your account or your profile. To learn more about what data about you those social media platforms may share with us, you should consult the privacy and data policies of those platforms.

2. How the Information is Used

Our primary purpose in obtaining your information is to provide you with the Machine Tool Bids, LLC services as efficiently as possible and communicate with you in various ways. For example, Machine Tool Bids, LLC uses your personal information to identify you as a customer, to set up and administer your account, to take, process, and deliver your bids for Equipment, to process or obtain payment of your orders, and to provide you with effective customer service and/or technical support. More specifically, we may use the information you provide directly to us and information collected by automated means for a number of purposes, including to:

Process, evaluate, and respond to your purchases, requests, inquiries, and applications.
Create, administer, and communicate with you about your accounts, including by email (as further described below).
Contact you with marketing communications online and offline (including co-marketed and co-branded communications), and compile aggregated statistics and determine the effectiveness of our promotional campaigns.
Display relevant advertising to you on our Sites and across the Internet for Machine Tool Bids, LLC, our co-marketing or co-branding partners or other third parties (such as third parties that wish to display ads or other content on our Sites).
Verify your identity and track how you use our Sites.
Operate, evaluate, and improve our business (including developing new products and services; manage our communications; perform market research and data analytics and data enhancement; determine and manage the effectiveness of our advertising and marketing; analyze, improve and customize products, services, Machine Tool Bids, LLC Sites and communications; administer the Machine Tool Bids, LLC Sites; and perform accounting, auditing, billing, reconciliation, and collection activities).
Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality.
Comply with and enforce applicable legal requirements, industry standards and our policies and terms, such as our Terms of Use.

E-mail. If you register with the Machine Tool Bids, LLC Sites, from time to time, we may email you with informative messages about our services or third party products and services we believe may be of interest to you. If you do not want to receive these types of emails please let Machine Tool Bids, LLC know by email to info@machinetoolbids.com. Machine Tool Bids, LLC also provides opt-out information in all marketing communications via an "unsubscribe" link in communication emails. This link directly unsubscribes you from any further communications from us that are unrelated to a service we are providing or are required to provide to you. Please note that it may take us some time to process your requests, consistent with applicable law. Note that you do not have the ability to opt-out of non-marketing communications that we send you in connection with the use of our services, such as when you have engaged in transactions with us.

Web Analytics. We sometimes use third-party Web analytics services on the Machine Tool Bids, LLC Sites, such as those of Google Analytics. These service providers use cookies and other technology (as described in the "Information Collected Automatically" section) to help us analyze how users use the Sites. The information collected by such technology (including, where applicable, your IP address) will be disclosed to or collected directly by these service providers. Learn about Google Analytics and its opt-out choices here.

Ad Targeting. When you visit or log in to the Sites or interact with our Services (such as when you open or respond to an email we send you), data may be collected for use in providing advertising tailored to your individual interests on other websites and online services. You have choices as to whether to have your information collected for that purpose. We participate in advertising services administered by third parties. The ad services may track your online activities over time by collecting information through automated means, including through the use of the automated technologies described above. They may use this information to show you advertisements for Machine Tool Bids, LLC or others that are tailored to your individual interests or characteristics and/or based on prior visits to the Machine Tool Bids, LLC Sites. We and third-party vendors may use first-party cookies and third-party cookies together, as well as other automated means and the data collected through such means (i) to inform, optimize, and serve ads (including ads based on past visits to the Machine Tool Bids, LLC Sites) and (ii) to report on our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services or emails you receive (including how they are related to visits to the Machine Tool Bids, LLC Sites). To learn more about interest-based advertising generally, including how to opt out from the targeting of interest-based ads by most ad service providers and platforms, please click here.

Anonymous or De-Identified Data. Machine Tool Bids, LLC may anonymize and/or de-identify information collected by the Machine Tool Bids, LLC Sites or via other means so that the information does not identify you. Notwithstanding any other provision in this Privacy Statement, Machine Tool Bids, LLC's use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Statement, and we may disclose it to others without limitation for any purpose.

Specific uses of personal information that vary from this Privacy Statement (if any) may be found in the terms and conditions or privacy policies applicable to that particular service. To the extent that you are notified of uses of your personal information which are different from those described in this Privacy Statement during your enrollment in any particular service, contest or promotion, the uses of which you are specifically notified will govern that service, sweepstakes, contest or promotion.

3. Information Sharing: How and With Whom We Share the Information

Sharing With Affiliates. We may share any of the Information with affiliated companies under common ownership or control, such as companies that are part of the Machine Tool Bids, LLC family of companies. We share information with our affiliates so that they may provide you with information regarding products and services that may be of use to you, and for any other use set forth in this Privacy Statement. If we choose to share Information in this fashion, we will require our affiliates to honor this Privacy Statement.
Sharing With Nonaffiliated Third Parties and Partners. We may share any of the Information with our partners, such as dealers or original equipment manufacturers, with whom we offer co-branded, joint, or customized products or services, or other parties whose offers of services or products we believe you may wish to receive. This information may include, for instance, your contact information and information about your purchases or likely interests.
Sharing With Service Providers. We share personal information we collect on our Sites with our service providers. These may include, for instance, third parties that provide services to us regarding email marketing, market research, data analytics and data enhancement, customer service, site operations and hosting, systems management, accounting, auditing, billing, reconciliation, and collection activities.
Sharing of Aggregated or Anonymized Data. We may share aggregated, anonymized or de-identified personal information with any third party, without any restriction, including through the use of cookies and other automated technologies. We may share personal information at your request.
Sharing As Required by Law and at Our Discretion. Subject to applicable law, we may disclose information about you: (i) if we are required to do so by law, regulation or legal process, such as a subpoena; (ii) when we believe disclosure would be appropriate in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss to ourselves or any person (including regarding any potential violation of the law or our terms or policies); (iv) in connection with an investigation of suspected or actual unlawful activity; or (v) for fraud detection and prevention.
Sharing Upon Corporate Events or Changes. We also will transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, dissolution or liquidation) or take steps in anticipation of such a transaction.
Third Party and Social Media Plug-Ins. Third parties may collect information about your online activities over time and across different websites when you use Machine Tool Bids, LLC Sites. For example, we may enable social network plug-ins, whereby those social media providers embed content and tools on our Sites (i.e., the plug-ins), which may collect personal information directly from you in connection with your interaction with such content and tools. Such providers' use of the information is subject to their own privacy policies, which we recommend you review. We are not responsible for such providers' privacy practices, which are not covered by this Privacy Statement.

4. Miscellaneous Policies and Information

Your Rights to Access and Review Certain of the Information that We Hold About You.

If you are a citizen of the European Union, you may have a right to access personal information held by Machine Tool Bids, LLC which relates to you. You may do this by contacting Machine Tool Bids, LLC at info@machietoolbids.com If you think we hold personal information about you that is excessive, or that we should not retain your personal information, please contact us so that we may explain the reasons why Machine Tool Bids, LLC retains such information. We will erase personal information within a reasonable time after we no longer need to retain it, taking into account our records retention requirements, your account activity and the applicable law.

Your Illinois Privacy Rights:

Illinois law permits users who are Illinois residents to request and obtain from Machine Tool Bids, LLC once a year, free of charge, a list of the third parties to whom Machine Tool Bids, LLC has disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a Illinois resident and would like to request this information, please submit your request in an email to info@machietoolbids.com

Illinois Do Not Track Policy
We are committed to providing you with meaningful choices about the information collected on our Sites for third party purposes, and that is why we provide above the DAA opt-out link, and Google opt-out link. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions.

Security of Information
We take our responsibilities seriously and employ what we believe to be appropriate physical, technical, and managerial measures to protect your personal information from unauthorized access. Although Machine Tool Bids, LLC uses reasonable efforts to safeguard the privacy of your personal information, transmissions made by means of the Internet cannot ever be made absolutely secure.

Public Disclosure of Data
You should be aware that if you voluntarily disclose personal information online in a public area, that information may be collected and used by others. We do not control the actions of our visitors and registered users. If you disclose personal information in a publicly accessible place in the Machine Tool Bids, LLC Sites, you do so at your own risk and you understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. The foregoing does not waive Machine Tool Bids, LLC's right to enforce any legal and contractual rights it may have against those who scrape, crawl or extract data from the Sites, including any such restrictions that may be set forth in our other posted terms and policies.

Please remember that you are solely responsible for maintaining the secrecy of any password you use to register and you should always be careful and responsible whenever disclosing information online.

Notice to Non-U.S. Users
Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an Account with the Machine Tool Bids, LLC Sites as a visitor from outside the United States, by using the Machine Tool Bids, LLC Sites, you agree to this Privacy Statement and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Statement.

By using the Machine Tool Bids, LLC Sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy Statement, you should immediately discontinue use of the Machine Tool Bids, LLC Sites. We reserve the right to modify this Privacy Statement at any time. Your continued use of any portion of the Machine Tool Bids, LLC Sites following notification or posting of the updated Privacy Statement will constitute your acceptance of those changes.

5. Contact Information

If you have questions or concerns about this Privacy Statement, please send an e-mail to info@machietoolbids.com

Abandonment Policy

Machine Tool Bids, LLC provides this Abandonment Policy to inform you of our policies and procedures regarding Equipment that has not been removed by Buyers in a timely manner after close of a Purchase Contract.

Machine Tool Bids, LLC may deem a Buyer’s failure to claim and remove Equipment within sixty (60) calendar days following the close of a Purchase Contract to be evidence of Buyer’s intention to abandon the Equipment. In these instances, Machine Tool Bids, LLC may take action that is adverse to Buyer’s interest in the Equipment, including, but not limited to, steps to dispose of the Equipment. Disposition of the Equipment may include a variety of approaches based upon the value of the Equipment as follows:

1. For those items with a Final Selling Price of 2,000.00 (USD, CAD or EUR) or less, Machine Tool Bids, LLC will work with the Seller to determine the appropriate disposition approach which may include:

Removing the item from the Seller's location and disposing of the item as Machine Tool Bids, LLC deems appropriate; or
Allowing the Seller to retain or scrap the item; or
Advertise the item for sale on Machine Tool Bids, LLC's Marketplace, whereby Machine Tool Bids, LLC will remit the resale amount to the Buyer less Machine Tool Bids, LLC's expenses, storage costs*, any Seller-related expenses, and a 20% administrative fee.

2. For those items with a Final Selling Price of greater than 2,000.00 (USD, CAD, or EUR), Machine Tool Bids, LLC will remove the item from the Seller's location and resolve as follows:

As requested by the Seller prior to removal of the Equipment, Machine Tool Bids, LLC will reimburse the Seller on Buyer's behalf for standard storage fees of 25.00 (USD, CAD or EUR) per day, with the total amount not to exceed 1,500.00 (USD, CAD or EUR); and
The item will be advertised for sale on Machine Tool Bids, LLC's Marketplace and Machine Tool Bids, LLC will remit the resale amount to the Buyer less Machine Tool Bids, LLC's expenses, storage costs*, any Seller-related expenses, and a 20% administrative fee.

*If a Buyer has not removed the equipment from the Seller's location within eight (8) business days after the close of a Purchase Contract, the Buyer will be responsible for directly paying the Seller any and all storage fees if levied by the Seller. If levied by the Seller, standard storage fees will be 25.00 (USD, CAD or EUR) per day, beginning on the 9th day after the close of the Purchase Contract.

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