Buyer's Terms & Conditions

1. Buyer has read MyMachineryAuction's "(MMA) How It Works" information on the EXFACTORYAuctions.com website and understands how the feature works. For any questions, please call EXFA at 877-580-5488 x316, outside the USA & Canada 704-815-1775 x316, or send an email to customer.service@exfactoryauctions.com prior to placing a bid.
2. The Buyer agrees to pursue the purchase of listed auction item(s) herein solely through the MyMachineryAuction feature within EXFACTORYAuctions.com (EXFA), a division of EX-FACTORY INC.
3. The Buyer acknowledges and agrees that EXFA only provides a marketplace where Sellers can sell their machinery. EXFA makes all attempts to verify the accuracy of the specifications, descriptions, images and videos prior to placing the machinery in the auction event, however, EXFA is in no way responsible for the accuracy of any specification, description, image or video of items presented.
4. Buyer agrees to the specific machine's "Terms & Conditions” as documented on EXFA at the time of the sale regarding: Inspection, Payment Terms, Shipping, Rigging, Loading, Crating, etc.
5. Buyer agrees to pay EXFA a Buyer’s Premium for each successful high bid purchase. The Buyer's Premium is 12.5% or 15% of the winning bid - depending on the value level of the item. The Buyer's Invoice for the item includes the item's Winning Bid amount plus a 12.5% or 15% Buyer's Premium. In the event the Buyer elects to pay using a Credit Card rather than Certified Check, Wire Transfer, or Company Check, Buyer will be charged a 3% Administrative Fee.
6. At the close of auction, the Highest Bid above the reserve wins. If two or more Bids of equal value are placed, the first bidder of the equal value bid is the winner. The bidder is notified if the Bid placed is of equal or lesser value than current bids when the bid is confirmed on-screen and via email.
7. Buyer agrees that all transactions are subject to a $ 25 Processing Fee for any or all items purchased on the same calendar day in the same auction event.
8. Buyer agrees to remit payment via Certified Check, Wire Transfer, Company Check, or Credit Card to EX-FACTORYAuctions by the close of the 3rd business day following the receipt of Invoice.
   
   NOTE: In the event the Buyer elects to make payment by accepted Credit Cards, a 3% Administrative Fee will be added. Credit Card payments are limited to …US-Dollars $ 20,000. Only Credit Cards issued by a USA or Canadian Financial Institutions are accepted. Upon receipt of Invoice, you may use our Credit Card Payment Gateway for payment.NOTE: Canadian Credit Card payments will be processed as USD.
   
   Should the Buyer elect to make payment by Company Check, items are unavailable for pickup or shipment until the check clears. Company Checks clear after (5) business days.
9. All bidding in USA Auction Events are conducted in US-Dollars; payment must be in US-Currency.
   
   All bidding in Canadian Auction Events are conducted in CDN-Dollars; payment may be in US or Canadian Currency
   
   NOTE: Canadian Credit Card payments will be processed as USD. CDN Bidders and Buyers, will also be charged the applicable sales taxes such as GST, PST, and HST for Canadian Auction Events.
10. Buyer agrees to arrange for pickup or shipment of the successful high bid purchase after confirmed receipt of payment and within the published "Final Removal Date". EX-FACTORYAuctions will not be held responsible for storage charges incurred or will not be liable for equipment abandoned and discarded after the "Final Removal Date".
11. All equipment is offered “as is, where is, with all faults” and no guarantee or warranty. EXF does not accept responsibility regarding the accuracy of information or descriptions supplied.
12. Specifications are correct to the best of EXFA's knowledge, obtained from sources deemed reliable. Still, we encourage your inspection prior to the sale to confirm accuracy, as EXFA cannot guarantee them to be correct.
13. The Buyer agrees to a Limit of Liability for any transaction damage or loss incurred shall never exceed the amount of the purchase price of the item(s) in question.
14. Buyer agrees to hold EXFA harmless for any unsuccessful bids or placed bids that are below the Reserve Amount as determined by the Seller.
15. EXFA reserves the right to disable any bidder's account for a bidder who fails to comply with these EXFA "Terms & Conditions" and who displays unacceptable online auction conduct as determined by EXFA.
16. In the event the EXFA Web site is unavailable or malfunctions at any point during auction events or processes for any reason, the Buyer agrees that EXFA is not responsible for any potential damages resulting from the website's lack of availability.
17. Buyer, unless a resident of North Carolina, is responsible for determining if the purchase is liable for sales tax in his state and remitting all applicable monies to the proper tax receiver.
18. Canadian Buyers for Auction Events in Canada are charged the applicable GST, HST, and PST taxes according to the Province the acquired goods are shipped to.
19. In the event of a legal dispute involving EXFA, the laws of the State of North Carolina shall be in effect, and the jurisdiction and venue for all proceedings will be Mecklenburg County in North Carolina.