Site Usage Terms and Conditions

 

 

How you use our Site (defined below) and Services (defined below) is extremely important to Machinery Marketing International, LLC, an Illinois limited liability company (“us,” “we” or “MMI”), and we are committed to maintaining a strong, meaningful and enjoyable user experience for you and the other users of our Site and Services. 

 

The following Site Usage Terms and Conditions (“Site Usage Terms”), along with MMI’s Privacy Statement located at https://mmi-direct.com/privacy-statement, which is incorporated herein by reference, (“Privacy Statement”), set out the terms on which MMI offers you access to and use of MMI’s sites, including, without limitation, MMI’s website located at www.mmi-direct.com (the “Site”), and the services, applications and tools MMI offers (collectively, the “Services”).

 

These Site Usage Terms apply to visitors of the Site, any users of the Services and any other customers of MMI (all of whom may be referred to as “you” in these Site Usage Terms).

 

We offer a wide range of Services, and sometimes additional terms of MMI may apply.  When you use a Service (for example, buying or selling machinery), you also will be subject to MMI’s guidelines, terms and agreements applicable to such Service, which are incorporated herein by reference (“Service Terms”).  If these Site Usage Terms are inconsistent with the Services Terms, those Service Terms will control.

 

BY USING OR ACCESSING THE SITE OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE SITE USAGE TERMS. PLEASE READ THESE SITE USAGE TERMS AS WELL AS THE PRIVACY STATEMENT AND SERVICE TERMS CAREFULLY.

 

YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES IF YOU (A) DO NOT AGREE TO THESE SITE USAGE TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE, (B) ARE NOT AT LEAST 18 YEARS OLD OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR SERVICES BY APPLICABLE LAW.

 

YOU HEREBY REPRESENT THAT YOU (A) HAVE READ, UNDERSTOOD AND ACCEPTED THESE SITE USAGE TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE, (B) WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE SITE AND/OR SERVICES, (C) ARE AT LEAST 18 YEARS OLD AND (D) MAY OTHERWISE ENTER INTO AND FORM BINDING CONTRACTS UNDER APPLICABLE LAW.

 

IF YOU CHOOSE NOT TO ACCEPT THESE SITE USAGE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

 

ABOUT MMI

 

MMI is an equipment resale marketplace that allows users to offer, sell and buy various pre-owned machinery and equipment in a variety of pricing formats and sale methods.  MMI is not a traditional auctioneer.  Please note that MMI is an independent reseller and online auction host and is not affiliated with or endorsed by any manufacturers or brands of any of the equipment or machinery that are listed on the Site or through our Services.

 

While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, MMI has no control over and does not guarantee (A) the existence, quality, safety or legality of items advertised, (B) the truth or accuracy of users' content or any equipment listings, (C) the ability of sellers to sell items, (D) the ability of buyers to pay for items, or (E) that a buyer or seller will actually complete a transaction or return an item.

 

 

BUY NOW MARKETPLACE

 

Payment Terms:

Purchaser must pay purchase price in full prior to shipment. Terms of payment are net cash in United States dollars, prior to shipment, to MMI’s place of business, unless otherwise specified on the accompanying “quote/invoice” form. Purchaser shall pay Machinery Marketing International (“MMI”) a late penalty on all amounts over 30 days past due computed on an interest rate equal to 18% per annum. Purchaser shall also be liable for any and all costs and expenses incurred by MMI arising out of or in connection with efforts by MMI to collect any unpaid amounts hereunder including, without limitation, attorney or collection agency fees and expenses. Title to this equipment or merchandise shall not pass to Purchaser until payment of the purchase price is made in full. Prior to said payment, MMI shall retain title. Full payment of any and all agreements constitutes full understanding and agreement of MMI terms and conditions. Buyers purchasing used machine tools “as is, where is with all faults” unless otherwise agreed to in written terms with authorization from MMI managing member.

Taxes:

Prices do not include any federal, state or local taxes, which are in addition to the purchase price and must be paid by Purchaser. Any and all foreign duties and taxes are the responsibility of Purchaser. Unless Purchaser furnishes MMI with a tax exemption certificate, any sales, use, excise or other similar tax, where applicable, shall also be the responsibility of Purchaser and may, at the election of MMI, be added to the quoted purchase price and invoiced by MMI to Purchaser. The failure of MMI to invoice such taxes does not excuse the Purchaser from responsibility for paying them. In the event that Purchaser either fails to pay the tax or other charges as agreed above or fails to provide a valid exemption certificate, Purchaser agrees to indemnify and hold MMI harmless from any liability and expense by reason of Purchaser’s failure. Such indemnification shall include, but not be limited to, attorneys’ fees and/or other legal expenses relating to such failure.

Design:

MMI is not responsible for machine tool design, specification, tolerances or engineering and will not, under any circumstances, provide any warranty indemnification or other liability or obligation with respect to Products to the extent related to or arising out of the design, specification, tolerances or engineering of such Products. Suggestions by MMI regarding the design, specification, tolerances, use or suitability of the Products are made in good faith but are not binding upon any party and do not give rise to any liability by MMI.

No Warranty:

The equipment or merchandise sold by MMI hereunder “AS IS, WHERE IS, WITH ALL FAULTS” and without warranty. MMI NEITHER MAKES NOR ASSUMES ANY LIABILITY UNDER ANY WARRANTY, WHETHER CONTRACTUAL, STATUTORY, BY OPERATION OF LAW OR OTHERWISE. THE WARRANTIES DISCLAIMED HEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MMI does not warrant that the merchandise and goods will not infringe any patent, trademark or other rights of a third party, or that such equipment or merchandise conforms to any plans or specifications of Purchaser or others, or meets any requirements of any federal, state, or local laws, regulations or ordinances, pertaining to safety or insurance requirements. No salesman or other representative of MMI has authority to make any warranties. It is always Purchaser’s responsibility to inspect the goods and to ascertain if the specifications, tolerances, descriptions and condition of the goods conform to the Purchaser’s requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not against MMI. Purchaser agrees with final payment to be aware of any and all faults prior to purchase as it is, where it is.

Return & Refund:

NO Return & NO Refunds on equipment sold “AS IS, WHERE IS, WITH ALL FAULTS” unless otherwise stated on your invoice. MMI does offer “30 DAY RETURN REPAIR” on approved equipment. Purchaser has 10 days from date of arrival to have correct high voltage electrical current going into the machine. If purchaser is uncertain about electrical power up, they must notify MMI and contact manufacturer of the equipment to get this information. Purchaser must notify MMI within 10 days of initial start-up. Purchaser will provide updates to MMI regarding how the machine is operating. “30 Day Return Repair” is MMI commitment that the machine will be fit for its intended purpose and in working order. The “30 Day Return Repair” is to ensure that the major components are in working order at the time of power and for the 30 day window from date of shipment. Major components are the spindle, ball screw, control, motors, drives, and tool changer. Major components ensure the used machine is fit for it’s intended purpose and is in working order. MMI has the option to repair or accept the return. In the event of a return, Purchaser must have approval in writing from MMI. All Freight, proper preparation for shipping and rigging will be the responsibility of the purchaser. Once MMI verifies the machine has been delivered and inspected for any additional damage, then MMI will refund the purchase price.

Hazardous Materials:

Purchaser understands that the equipment or merchandise sold hereunder have been used by persons other than MMI. Purchaser is warned and acknowledges that such equipment or merchandise may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the article leaves the possession and control of MMI). Purchaser does hereby discharge MMI from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials, including and not limited to any and all liability directly or indirectly resulting from the failure of MMI to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.

Inspections:

Upon reasonable notice to MMI, Purchaser shall have the right to inspect the merchandise and equipment at location during normal business hours prior to time of shipment. MMI STRONGLY RECOMMENDS THAT PURCHASER CONDUCT AN ON-SITE INSPECTION OF THE EQUIPMENT AND MERCHANDISE SOLD HEREUNDER. MMI SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF PURCHASER’S FAILURE TO INSPECT THE EQUIPMENT OR MERCHANDISE OR FOR ANY INACCURACIES, INSUFFICIENCIES, OR OMISSIONS IN SUCH DESCRIPTIONS, SAMPLES, TOLERANCES AND/OR SPECIFICATIONS. The employees or representatives of MMI are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the equipment and merchandise offered for sale inconsistent with these Terms and Conditions. Any such statements made will not be binding on MMI or be grounds for any subsequent claim.

Modifications/ Severability:

Purchaser acknowledges that these are the only Terms and Conditions of sale, and is intended by the parties as a complete and exclusive statement of the terms of their agreement. This supersedes all prior agreements, written or oral. Any variation from the terms hereof contained in the Purchaser’s acceptance is hereby rejected. The agreement of which these terms are a part can be modified or rescinded only in writing signed by MMI. If any provision of the invoice or these Terms and Conditions is determined illegal or unenforceable, it shall not affect the enforceability of any other provision or paragraph of the invoice or these Terms and Conditions.

Freight and Insurance:

All freight and insurance charges are the responsibility of Purchaser unless otherwise agreed by MMI and Purchaser in writing. All freight is shipped Ex Works/Ex-Source/Ex-Site. Purchaser shall bear all risk of loss with respect to the equipment or merchandise sold hereunder. If an item is damaged or lost during shipping, MMI will not be held responsible.

Limitation of Remedies:

No claim arising out of or relating to this agreement shall be greater in amount than the purchase price of the merchandise or equipment in respect of which such damages are claimed. Failure to give notice of claim within thirty (30) days from the date of delivery or the date fixed for delivery (in the event of non-delivery) shall constitute a waiver by Purchaser of all claims in respect of such merchandise. The remedy hereby provided shall be the exclusive and sole remedy of Purchaser and any right to consequential and incidental damages is excluded.

GENERAL SITE REGISTRATION

 

In order to use the Services, you must register an account with MMI directly or with a third party service, such as Amazon or eBay, that MMI provides Services through (“TSP”).  By using the Services through a TSP, you are agreeing to be bound by these Site Usage Terms as well as any other applicable Service Terms or the terms of the TSP. You may also link your MMI account with other TSP accounts, including, without limitation, Facebook.  By enabling TSP access, you are allowing us to pass your login information to these TSPs for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TSP account. You can revoke our access to any TSP account at any time by disconnecting your TSP account via your MMI account.

 

Please remember that the manner in which a TSP uses, stores and discloses your information is governed solely by the policies of such TSP and MMI shall have no liability or responsibility for the privacy practices or other actions of any TSP that may be enabled within the Services.

 

If you choose to register an account with MMI, you represent and warrant that all information you provide to MMI is accurate and complete and you will update such information so that it is kept current, accurate and complete at all times. Providing inaccurate registration information constitutes a breach of these Site Usage Terms. MMI reserves the right, in its sole discretion, to disapprove of any request to become a registered user and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.

 

Registration data and certain other information about you are governed by our Privacy Statement. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.

 

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and to bind the business to these Site Usage Terms, the Privacy Statement and any applicable Service Terms. Such account is owned and controlled by the business entity.

 

CONSENT TO RECEIVE COMMUNICATIONS

 

By creating an account, using the Services or otherwise providing your information to MMI, you agree that you may receive communications from MMI, including, but not limited to, emails, text messages, newsletters, promotions, special offers, account reminders and updates. Any applicable charges you incur as a result of a particular method of communication by MMI shall be your sole responsibility. You also understand that you may remove yourself from non-transaction-based communications by clicking the “Unsubscribe” link in the footer of the actual email.

 

When you use our Services or send emails, text messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on the Site or through the other TSP account. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

LOGIN ID; PASSWORD; SECURITY

 

You are solely responsible for protecting the confidentiality of your account name and password and for restricting access to your computer and agree to accept responsibility for all activities that occur under your account or password. You agree to notify MMI immediately of any unauthorized use of any account name 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.

 

USE OF SITE AND SERVICES

 

You agree to comply with all applicable laws and regulations regarding your use of and access to the Site and the Services. Notwithstanding anything contained herein to the contrary, you agree you will not engage in any of the following prohibited activities:

 

(A)             post, list or upload content or items in inappropriate categories or areas on the Site;

 

(B)               breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;

 

(C)             use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using the Site or Services;

 

(D)              fail to pay for items purchased by you, unless otherwise provided in the applicable Service Terms;

 

(E)               fail to deliver items sold by you, unless otherwise provided in the applicable Service Terms;

 

(F)                manipulate the price of any item or interfere with any other user's listings;

 

(G)             post false, inaccurate, misleading, deceptive, defamatory or libelous content;

 

(H)              impersonate another person or otherwise misrepresent your affiliation with a person or entity;

 

(I)                  hide or attempt to hide your identity;

 

(J)                distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;

 

(K)               upload or distribute invalid data, viruses, worms or any other technologies through the Site;

 

(L)                use any robot, spider, scraper, data mining tools, data gathering and extraction tools or other automated means to access our Services or the Site for any purpose, except with the prior express permission of MMI;

 

(M)            interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;

 

(N)              interfere with the working of our Services or impose an unreasonable or disproportionately large load on our infrastructure;

 

(O)             export or re-export any MMI application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;