Terms & Conditions
Please read these terms and conditions of use carefully before accessing, using, or obtaining any materials, information, products, or services. By accessing the Click Machinery website (www.clickmachinery.com) website, mobile or tablet application, or any other feature or other
the Click Machinery platform (collectively, “Our Website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, “we”, “us”, “our” and “Click Machinery” or
“Broker” refers to Click Machinery, and “you”, “your” or “Buyer” refers to you, the user of Our Website.
We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately
terminate the use of Our Website.
By making an offer for the purchase of Equipment through Our Website (www.clickmachinery.com) the Buyer agrees to the following terms and conditions: Buyer acknowledges and agrees that Broker is acting solely as a broker to facilitate a sale of the subject equipment (“Equipment”) to Buyer as an agent for the third-party seller of the Equipment (“Seller”). The broker does not own any of the Equipment listed for sale that you can access on Our Website. The Equipment is owned, controlled, or made available by the Seller. Broker receives
a commission from the Seller upon the completion of the sale and handles no funds in any transaction. All photographs and descriptions of the Equipment are provided by the Seller and not by Broker. Broker is not responsible for any errors in the descriptions of the Equipment provided by Seller. Broker has not inspected the Equipment, and it has not independently verified that the Equipment is in the possession or control of the Seller. Buyer agrees that all Equipment listed for sale on Our Website is not offered for sale for consumer, household, or personal use. If Seller agrees to accept Buyer’s offer for the Equipment, the legal name and location of Seller will be provided to Buyer. No offer for the Equipment will be deemed to be accepted by Buyer until the identity of the Seller is disclosed to Buyer. Buyer hereby exonerates and holds Broker, and its members, managers, employees, and agents, harmless for any liability as an agent for an undisclosed or partially disclosed principal and agrees to only look to Seller for performance under any contract for the sale of Equipment. Buyer acknowledges and agrees that it is solely responsible for conducting any due diligence associated with the purchase of the Equipment, including, without limitation, an inspection of the Equipment at the location of the Equipment, verifying the identity of the Seller, and any information provided by the Seller in connection with the sale of the Equipment. Buyer agrees that it is not relying on any information provided by Broker, or its members, managers, employees, and agents in making its decision to purchase the Equipment.
ALL EQUIPMENT IS SOLD AS IS, WHERE IS, and WITH ALL FAULTS. BROKER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, POSSESSION, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE EQUIPMENT IS FREE FROM LATENT DEFECTS. Broker is not responsible to ascertain whether the Equipment is subject to liens, claims, or security interests of third parties. Prior to the final purchase, the Buyer agrees to conduct any investigation that it deems necessary to become satisfied with the status of the Seller’s title. Buyer, at Buyer’s own expense, shall independently seek adequate insurance coverage for the Equipment sold to it by Seller. Buyer shall not look to Broker for any deficiency in insurance coverage, notwithstanding the fact that Buyer may have the right of rejection, or that Broker or Seller may be in breach of this agreement. The risk of loss shall not be altered by the fact that the conduct of either party may constitute a default or breach. Buyer is responsible for all title, registration, freight, transportation, packing/prepping, and insurance costs; provided, however, that title will not transfer from Seller to Buyer until the Seller has received payment in full for the equipment and Buyer has removed the equipment from the Seller’s premises in its entirety. Unless otherwise agreed between Buyer and Seller the Equipment is sold Ex Works (Incoterms 2010) and delivery of title to the equipment from Buyer
to Seller will take place from the Seller’s premises.
These terms are governed by Massachusetts law. Any dispute between Buyer and Broker related to these terms will be resolved in either the State of Massachusetts Superior Court, or the United States District Court for the District of Massachusetts. Buyer agrees not to file a
lawsuit against Broker in any other Court. Buyer agrees to submit to the exclusive personal jurisdiction of the courts located in the State of Massachusetts. Buyer agrees to pay all of Broker’s attorneys’ fees and costs if Buyer files a lawsuit against Broker in a court located
outside of the State of Massachusetts. Buyers must take all necessary steps to protect themselves from fraudulent conduct by Sellers.
Buyer will not send a wire transfer to a Seller without first verifying the identity of the Seller. Buyers should, for example, use payment methods with fraud protection such as major credit cards, PayPal, or Venmo. Buyer agrees that Buyer is using Our Website at its own risk and that Broker is not responsible to verify the information provided by Sellers. Buyer agrees to proceed at its own risk. Click Machinery reserves the right, in its sole discretion, to change these Terms & Conditions. The most current version of the Terms will supersede all previous versions. Click Machinery encourages you to periodically review the Terms to stay informed of our updates.
It is understood and agreed that this Agreement shall be binding upon and accrue to the benefit of the successors and the assigns of the respective parties hereto, which shall include any parent corporation or subsidiaries or affiliates of the parties to this agreement, including joint ventures or limited partnerships to which either party is a part. Broker and Buyer hereby mutually waive any right that they have to a trial by jury in any dispute between them and agree that any lawsuit shall be resolved by a single justice of the Massachusetts Superior Court or a United States District Judge sitting without a jury. Buyer agrees to waive, release, and discharge Broker, and its employees, members, managers, agents, and affiliates (“Broker Parties”) from all liability, claim, loss, cost or expense, and waives and promises not to sue on any such claims against Broker Parties arising directly or indirectly from or which attributable in any way to any negligence, action or omission to act of any of the Broker Parties arising in any way with the purchase, use, or/or shipment or use of Equipment, and without limitation, in the negligent communication of incorrect information regarding the Equipment. Without limitation of the foregoing, Buyer further agrees that Broker Parties will not be liable for punitive, exemplary, or consequential damages of any kind. If Buyer asserts a claim in violation of this section, Buyer shall be liable for payment of all expenses (including legal fees) incurred by the Broker Parties.
