Seller's Terms & Conditions

  1. Seller 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 Seller agrees to sell the listed auction items herein solely through the MyMachineryAuction feature within EXFACTORYAuctions.com (EXFA), a division of EX-FACTORY INC.
  3. The Seller acknowledges and agrees that MMA and 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 Seller's accuracy of any specification, description, image or video of items presented.
  4. Seller agrees to the specific machine's "Terms & Conditions” as documented for the item(s) published on EXFA at the time of the sale regarding: Inspection, Payment Terms, Shipping, Rigging, Loading, Crating, etc.
  5. Seller agrees to pay EXFA a Seller’s Premium for each successful high bid purchase. The SELLER's FEE is either 10% or 15%; 10% if the SELLER lists the item by himself or 15% if EXF assists the SELLER when the item is listed. The Fee is paid only when the item is sold and proceeds are received by MMA. The SELLER receives 90% or 85% (depending upon the SELLER Fee percentage) of the BUYER's Winning Bid amount.
  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. Seller agrees that all transactions are subject to a $ 25 Processing Fee for all items purchased on the same calendar day in the same auction event.
  8. Seller agrees to accept payment via an EX FACTORY Company Check 5 business days after EX FACTORY has received funds from the successful Bidder.
  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.
  10. Seller 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"

    EXFACTORYAuctions 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. Seller's specifications are correct to the best of EXFA's knowledge, obtained from sources deemed reliable. EXFA cannot guarantee them to be correct.
  13. The Seller 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. Seller agrees to hold EXFA harmless for any unsuccessful bids or placed bids that are below the Reserve Amount as determined by the Seller.
  15. In the event the EXFA Web site is unavailable or malfunctions at any point during auction events or processes for any reason, the Seller agrees that MMA or EXFA is not responsible for any potential damages resulting from the website's lack of availability.
  16. Seller, 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.
  17. 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.