The following Site Usage Terms and Conditions (“Site Usage Terms”) establish the terms of your use of Terra Point LLC’s (hereinafter referred to as “Terra Point”) sites and services (www.terrapoint.com) and any third party marketplace, as well as on-site events to be held by a Terra Point company or affiliate) (together, the “Site”).
The Site Usage Terms were last revised on January 10, 2018.
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, and (ii) 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. Terra Point 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 Terra Point 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 Terra Point 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. Terra Point 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 Terra Point 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 Terra Point'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. Terra Point has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see Terra Point's Privacy Statement, located at https://terrapoint.com/terms?section=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 Terra Point's Privacy Statement and, if you're located in the European Union, you expressly consent that Terra Point 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 Terra Point. Where Terra Point provides such third-party links, no representations or endorsements are made in connection with such sites. Terra Point 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 Terra Point's Privacy Statement do not apply to your use of such sites. You expressly relieve Terra Point 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 Terra Point 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. Terra Point may, at any time, delete, modify or supplement the content of this Site without prior notice. Terra Point 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. Terra Point 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 Terra Point 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. Terra Point makes reasonable commercial efforts to make its Services and Site available. However, it 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 Terra Point 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 Terra Point is strictly prohibited.
12. TERMINATION. Without limiting any other remedies, Terra Point 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 Terra Point'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 TERRA POINT 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 TERRA POINT 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 TERRA POINT OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. GOVERNING LAW. . For users contracting with Terra Point, LLC, these Site Usage Terms shall be governed by the laws of the State of Texas, 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. JURISDICTION AND VENUE. All claims, disputes, and other matters in question arising out of, or relating to this Agreement or the breach thereof shall be decided by the appropriate Civil District Court of Travis County, Texas or, if applicable, the United States District Court for the Western District of Texas. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
16. AMENDMENT OF SITE TERMS. Terra Point 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.
17. NOTICES. Any notice to Terra Point must be in writing and must be sent via email to info@terrapoint.com and by registered mail or overnight courier to Terra Point, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, 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.
18. 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 Terra Point 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, Terra Point did 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.
Copyright Policy
Terra Point respects the intellectual property of others, and we expect our users to do the same. Terra Point 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 Terra Point's copyright agent with the following information:
Terra Point’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:Last modified : October 5, 2021
Introduction
Terra Point, LLC (“Terra Point”or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you when you visit the website www.terrapoint.com (our “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. Notwithstanding any other provision in this Privacy Statement, Terra Point’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.
This policy applies to information we collect:
It does not apply to information collected by us offline or through any other means, including on any other website operated by any third party, including but not limited to any application or content (including advertising) that may link to or be accessible from www.terrapoint.com.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 13
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@terrapoint.com.
Information We Collect About You and How We Collect It
We gather the information that you provide to us during voluntary registration and through equipment listings, in addition to passively collecting information through technologies such as cookies, web beacons, and server log files. We refer to both types of information as “Information” in this Privacy Statement. These technologies help us better understand user behavior, tell us which parts of our services and applications are being used, and help us facilitate and measure the effectiveness of advertisements
Cookies
An HTTP cookie (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our Site and other services
Web Server Logs and Web Beacons
We may also collect information about the services that you use and how you use them, which may include Device-Specific Information (such as your hardware model and operating system); Log Information (such as when and how you use our services, browser type, Internet Protocol (“IP”) address); Unique Application Numbers (which may be sent to you when you install or uninstall a service or when that service contacts our servers); and Local Storage (in which we may collect and store information locally on your device).
Social media information
If we provide a way to log in to your account or our Site using an external social media account, the social media account platforms provider (i.e. 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.
Phone Recordings
We may record telephone calls made to our main phone numbers or affiliated dealer phone numbers. We record calls for business purposes, such as: staff training, to improve customer service and the information we provide you, to report the type and number of telephone enquiries we receive or to have an accurate record of what was said/agreed to.
How We Use Your Information
We use information that we collect about you or that you provide to us in the following ways:
Third-Party Advertisers
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. From time to time we may participate in advertising services administered by third parties. These ad services may track your online activities over time by collecting information and may use this information to show you advertisements for Terra Point or others that are tailored to your individual interests or characteristics and/or based on prior visits to the Terra Point Sites. To learn more information about interest-based advertising, including how to opt-out from the targeting of interest-based ads, please contact us at info@terrapoint.com.
In the event 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.
How and With Whom We Share Your Information
Third Parties. We may share information with affiliated companies (under common ownership or control), partners (with whom we offer co-branded, joint, or customized products or services), or other parties who offer services or products we believe you may wish to receive. For more information or to opt-out please contact us at info@terrapoint.com. In addition, we may share information with the original equipment manufacturer (“OEM”) of any item that a buyer places a bid on and any of the OEM’s dealers or service providers in Buyer’s geographic area. To learn more about how data may be shared with Original Equipment Manufacturers and Dealers, or to opt-out of sharing with OEM’s, their dealers or service providers going forward, contact info@terrapoint.com.
Once disclosed, Information will be governed by the third party’s privacy policy and will be subject to the laws of the jurisdiction in which the third party processes Information. Terra Point is not liable for Information used by third parties
Social Media Plug-Ins. We may enable social network plug-ins, whereby those social media providers embed content and tools on our Sites. These plug-ins may collect personal information directly from you in connection with your interaction with such content and tools. The plug-in providers’ use of the information is subject to their own privacy policies, which we recommend you review. Terra Point is not responsible for such providers’ privacy practices, which are not covered by this Privacy Statement.
Disclosure Required by Law. Subject to applicable law, we may disclose information about you: (i) if we are required to do so by law, regulation or legal process; (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.
California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@terrapoint.com or write to us at: 2802 Flintrock Trace Suite 284 Austin, TX 78738.
Data Security
We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on our Site. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at info@terrapoint.com or write to us at:
2802 Flintrock TraceTerra Point, LLC provides this Veri-Point™ Promise Policy to inform you of our policies and procedures regarding Equipment offered for sale with Veri-Point™ Promise.
Description. If indicated by a Veri-Point™ Promise icon in an Equipment listing, a general condition inspection ("Inspection") of the Equipment was performed and an Inspection Report was generated that includes ratings, comments, and photos of the various components of the Equipment. Veri-Point Inspection Reports are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments on the day of Inspection and do not include load testing or digging/lifting. Veri-Point Inspections are NOT intended to detect latent or hidden defects or conditions that could only be found by dismantling the Equipment or use of diagnostic equipment or techniques. In no event shall Veri-Point be liable for not identifying those or any other defects. The Inspection Report is the sole property of Veri-Point and is for your personal use only and may not be displayed, published, sold, reproduced, disseminated or otherwise distributed by you without the prior written approval from Veri-Point
Veri-Point™ Promise. . Under the Veri-Point™ Promise inspection certification program, if you discover that a piece of Equipment purchased by you is not substantially in the condition as represented in the Inspection Report and you are within the Eligible Dispute Period specified below, you may contact Terra Point Customer Care and submit a written dispute ("Dispute Claim") to Terra Point. To be considered, the Dispute Claim must be (a) in writing, (b) within the Eligible Dispute Period, (c) delivered to Terra Point as specified herein, and (d) satisfy the Dispute Conditions below. A deductible in the amount of USD 750.00 will be applied to any settlement of a Dispute Claim.
Eligible Dispute Period. For a Dispute Claim to be considered, without penalty, you must review the Equipment and submit a Dispute Claim prior to the first occurrence of any of the following:
A Dispute Claim will be considered subject to a penalty (equal to 50% of the final dispute resolution value) if submitted after the first occurrence of any aforementioned period and prior to the twenty-first (21st) business day after the date of the sale. You may elect to waive any resolution and resell the item through Terra Point at the cost of the deductible (Equipment must be located in a country Terra Point is authorized to sell from and all Dispute Conditions listed below must be satisfied).
Any Dispute Claim submitted after the twenty-first (21st) business day will not be considered, with or without penalty. At the time of Export and/or Disassembly (as defined above) you forfeit your right to any unresolved Dispute Claim on the Equipment and any future Dispute Claim will not be considered with or without penalty (unless Terra Point has provided their written consent).
Dispute Conditions. Dispute Claims are subject to the following conditions:
Adjudication of Equipment and Dispute Claims. Terra Point shall be solely responsible for the review and adjudication of any Dispute Claims. All determinations made by Terra Point shall be final. In the event of a refund to Buyer relating to a Dispute Claim, Terra Point shall remit all funds in the manner in which Buyer submitted payment (i.e., wire transfer to Buyer's account or refund on Buyer's credit card).
KEY BUYER POINTS
Terra Point 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. Terra Point is not a traditional auctioneer, but a marketplace for promoting equipment for sale.
Dispute Claims under Veri-Point™ Promise must be submitted in writing within the Eligible Dispute Period and within twenty-four (24) hours of delivery. Veri-Point™ Promise’s Policy is located at https://terrapoint.com/terms?section=inspectionPolicy
The Key Buyer Points above provide an overview of the terms and conditions for participating as a buyer in Terra Point'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 Terra Point's sites and services (through www.Terra Point.com and/or any third party marketplace) (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)”. Terra Point, LLC, is a limited liability company formed under Delaware law, and is registered with the Texas Secretary of State. Terra Point is bonded with International Sureties in the Northern and Eastern Districts of Texas (under bond # 016031968) and with the Southern and Western Districts of Texas (under bond # 016032297).
The Buyer Terms were last revised on January 9, 2018.
1. ACCEPTANCE OF TERMS. Before you (“Buyer”) attempt to buy any Equipment from a Seller through the Marketplace, Terra Point 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
2. TERRA POINT'S SERVICES
2.1. Services of Terra Point. Under the terms of this Agreement, Terra Point 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 Terra Point is not a party to the subsequent Purchase Contract for Equipment that is entered into between a Seller and a Buyer. Nor does Terra Point represent either party in the conclusion of such Purchase Contract.
2.2. Advertisement Period. For select listings, the period during which bids can be placed on Equipment shall be determined by the Seller. For all other listings, the period during which bids can be placed on Equipment shall be determined solely by Terra Point.
2.3. Buyer Conduct. Any deliberate attempt to artificially influence the sales price, 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 or shill bidding.
2.4. Notice to Marketplace Direct BiddersWhere a listing permits inspection of the Equipment, you should inspect the Equipment prior to bidding. Items offered for sale via our Marketplace are used and may contain defects. If you bid without having inspected the Equipment, you do so at your own risk. You or your agents are responsible for final verification of Equipment purchased at the time of removal.
2.5. Binding Offer to Purchase. You acknowledge and agree that bidding on the 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 following transactions:
2.6. Declining and Countering Bids. . For Make Offer listings, you may submit a bid for less than the Asking Price. The Seller has the option, but not the obligation, to accept, decline or counter each bid submitted. In the event that the Seller counters your bid (“Counter Offer”), you have up to two (2) business days to accept. Counter Offers may be automatically rescinded earlier than two (2) business days when (a) the Seller issues another Counter Offer; or (b) the Seller accepts another bid, but in no event shall a Counter Offer be rescinded after it is accepted by you.
2.7. Winning Bids. Terra Point is the final judge for the determination of winning bids (“Final Sale Price” or “Final Selling Price”). Nonetheless, Terra Point shall not be liable for any errors or omissions relating to such determination, whether by Terra Point, the Seller, or another third party. Before Terra Point can establish the winning bid for Make Offer listings, (a) your bid must meet or exceed the Asking Price; (b) your bid must be accepted by the Seller; or (c) you must receive and accept a Counter Offer. Before Terra Point can establish the winning bid for Reserve listings, the Reserve Period must have ended and (a) your bid must meet or exceed the Reserve Price; or (b) your bid must be accepted by the Seller; or (c) you must receive and accept a Counter Offer. After the winning bid is established, a purchase contract between you and Seller is automatically concluded (“Purchase Contract”). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. You 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. TERRA POINT DOES NOT GUARANTEE THAT BIDS PLACED ON THE MARKETPLACE WILL BE RECEIVED AND PROCESSED IN A TIMELY MANNER.
2.8. Voiding Bids. Terra Point 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.
2.9. Postponement and Cancellation. Terra Point 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. Terra Point shall have no liability to you as a result of any withdrawal, postponement or cancellation.
2.10. Intellectual Property. Terra Point 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.
2.11. Notification of Assignment of Rights. If you are in the United States, Terra Point 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.
2.12. California Diesel Vehicle Regulation. The following disclosure applies to self-propelled, diesel-fueled vehicles twenty-five (25) horsepower and greater: “An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck. When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It, therefore, could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
3. FEES AND TAXES
3.1. Transaction Fee. For each piece of Equipment purchased from the Seller through the Marketplace, you agree to pay a transaction fee (“ Transaction Fee ”). Terra Point 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 you are detailed on the Marketplace.
3.2. Payment and Payment Schedule. You shall remit the Final Selling Price, applicable taxes, vehicle registration taxes, and any and all other Transaction Fees and any other required fees within three (3) business days after conclusion of the Purchase Contract. At Seller's option, receipt of the purchase price may be facilitated by Terra Point, in which case Seller (as mandator) would instruct Terra Point (as a mandatory) so that Terra Point can enforce the Seller's right to payment vis-a-vis the Buyer, and full payment of the amounts noted above shall be posted to a secure payment account designated by Terra Point. Buyers from the United States and Canada must tender payments via wire transfer (recommended) or credit card (when full payment is USD/CAD 5,000.00 or less). Any foreign currency exchange fees or charges are your responsibility as the Buyer. 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. After receipt of payment and completion of any additional, required documents, you and Seller will be notified that the Equipment is available for pick-up via an email that is generated automatically by the Marketplace (“ Item Release ”) .
3.3. Taxes and Compliance with Laws. 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 Terra Point's satisfaction, on behalf of the Seller, a valid exemption certificate from such taxes. You acknowledge and agree that Terra Point 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. Terra Point calculates and collects sales tax on items sold from the U.S. and Canada based on the state and local tax rates in effect at the location of the items purchased. To support sales tax treatment of the transaction, you are responsible for providing Terra Point with any necessary documentation (e.g., Bills of Lading, export documents, etc.) no later than ten (10) business days from your date of purchase. If you have an exemption certificate that was not submitted at the time of sale, you have ten (10) business days from your date of purchase to submit a valid exemption certificate in order for Terra Point to process a refund. After ten (10) business days, you will need to submit any refund request directly to the state for which the original sales tax was collected and remitted by Terra Point. In the event your credit card is charged for taxes on a purchase that is subsequently exempted from such tax, the amount shall be refunded to your credit card used in the purchase. You shall indemnify Terra Point against any tax, cost or expense if you fail to provide Terra Point with a valid exemption certificate or other supporting documents necessary to calculate tax in relation to a transaction. You acknowledge and undertake to make yourself aware of and comply with all laws that may be applicable to your access and use of the Marketplace, and your entering into a transaction on the Marketplace. Terra Point disclaims any and all liability in respect of your use of the Marketplace and your purchase of any Equipment resulting in any taxes (whether direct, indirect, local or federal), fines or penalties being levied on you. For the avoidance of doubt, it is your responsibility to satisfy yourself of any charges, taxes (whether direct, indirect, local or federal) or related obligations becoming applicable in respect of the transactions that you enter into on the Marketplace. You shall indemnify Terra Point and its affiliates (and the officers, directors, agents and employees thereof) against any tax, cost or expense arising from your failure to satisfy any laws or regulations in relation to a transaction.
3.4. Payment Authorization. In order to establish bidding privileges on the Site, you understand and agree that Terra Point, through its third-party payment processor, reserves the right, in its sole discretion, to request a Zero Dollar Value authorization check on your credit card as part of verifying your identity. In connection with your purchase, you will be asked to provide customary billing information such as name, billing address, credit card information, or routing and account numbers for payments by electronic funds transfer either to Terra Point or its third-party payment processor(s). You agree to pay Terra Point for any purchases made in connection with your account in accordance with these Buyer Terms by credit card or electronic funds transfer. You hereby authorize the collection of such amounts by charging the credit card provided or by processing an electronic funds transfer utilizing the routing and account number provided, either directly by Terra Point or indirectly, via a third-party online payment processor. If you are directed to Terra Point's third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services.
4. COMPLETION OF TRANSACTIONS
4.1. Removal of Equipment. . As per the Purchase Contract, Seller shall deliver the Equipment from Seller's premises. You are responsible for dismantling, loading and shipping the Equipment for transportation, unless otherwise noted in the Equipment Listing. You shall remove the Equipment from Seller's premises no later than eight (8) business days after availability of the Item Release unless otherwise stated in the Equipment Listing, 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 Equipment Listing, standard Storage Fees are 25.00 (USD), or the equivalent thereof, per day, beginning on the 9th day after availability of the Item Release, with the total amount not to exceed 1,500.00 (USD).
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 Terra Point) until the earlier of: (a) your removal of the Equipment (or removal of the Equipment by your designated transportation provider); or (b) receipt by Seller of all 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 Terra Point).
4.3. Default. . If, after five (5) business days (which includes a two (2) business day grace period) 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 you to Terra Point in regard to other transactions, Terra Point reserves the right to, and you hereby consent that Terra Point 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 Equipment Listing, your failure to claim and remove Equipment within sixty (60) days following the Item Release is deemed to be evidence of your intention to abandon the Equipment, and Terra Point 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, Terra Point 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. If you are in the United States and 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. For a fee, Terra Point can provide equipment invoices or a notarized Bill of Sale to facilitate exports. Terra Point cannot provide Manufacturing Statements of Origin (MSO's) on used equipment bought on the Marketplace nor can Terra Point be held responsible for lack of manufacturers' identifying numbers or engine or serial numbers.
4.7. Power of Attorney. You hereby appoint Terra Point and its authorized representatives as your attorney-in-fact for the sole purpose of executing a Bill of Sale, if required, to finalize transfer of ownership to you.
4.8. Finalization of the Transaction. You shall provide all relevant shipping information with respect to the transaction by uploading the bill of lading and other requested documents by means of the Marketplace, in order to prove that you have fulfilled your obligation to remove the Equipment under the Purchase Contract.
4.9. Liens and Encumbrances. Terra Point will identify and arrange for the release of liens and encumbrances on the Equipment listed on the Marketplace. If for any reason Terra Point is unable to clear the title to the Equipment, Terra Point's sole liability, if any, shall be the return of any funds paid by you with respect to such Equipment.
5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
5.1. Disclaimer.TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH TERRA POINT 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 TERRA POINT 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 TERRA POINT 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. TERRA POINT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF THE MARKETPLACE. IF YOU ARE DISSATISFIED WITH THE MARKETPLACE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MARKETPLACE.
5.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TERRA POINT 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 TERRA POINT OR SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TERRA POINT 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 Terra Point, 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 Terra Point 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 U.S. Government facility or resulting from the sale, removal, use or operations of the purchased property. Terra Point 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 Terra Point, 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 Terra Point's Marketplace, you release Terra Point (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.” Having reviewed this provision, the Undersigned nevertheless waives the application of section 1542 of the Civil Code and voluntarily releases the Releasees form all liability for claims arising out of the matters set forth herein. THE UNDERSIGNED UNDERSTANDS AND ACKNOWLEDGES THAT THE SIGNIFICANCE AND CONSEQUENCES OF THIS WAIVER OF SECTION 1542 OF THE CIVIL CODE IS THAT EVEN IF THE UNDERSIGNED SHOULD EVENTUALLY SUFFER DAMAGES ARISING OUT OF THE ABOVE DESCRIBED ACTIVITIES, THE UNDERSIGNED WILL NOT BE PERMITTED TO MAKE ANY CLAIM FOR THOSE DAMAGES.
6. LEGAL DISPUTES
6.1. Governing Law; Jurisdiction and Venue. For disputes between you and Terra Point, Inc., this Agreement shall be governed by the laws of the State of Texas 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. Any action against Terra Point arising from or relating to this Agreement or any bid or purchase hereunder shall be commenced in the appropriate Civil District Court of Travis County, Texas or, if applicable, the United States District Court for the Western District of Texas. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
6.2. English Controlling Language. All performance under this Agreement and the resolution of disputes 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, Terra Point does so solely for your convenience.
6.3. Limitation Period.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.
6.4. 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, Terra Point shall have the right to terminate your access to the Marketplace at any time, without notice, in Terra Point's sole discretion for any reason, including, without limitation, if Terra Point (a) determines that you have violated this Agreement (for example, violation of the prohibition on shill bidding), or (b) is 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. Terra Point 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 writing signed by both you and Terra Point.
9. EXPORT CONTROLAs 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. Terra Point 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 Terra Point must be in writing and must be sent via email to info@terrapoint.com and by registered mail or overnight courier to Terra Point, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, 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.
11. PRIVACY. Terra Point's Privacy Statement, located at https://terrapoint.com/terms?section=privacyPolicyis hereby incorporated by reference. By entering into this Agreement, Buyer consents to the processing, international transfer and disclosure of the Buyer's information in accordance with Terra Point's Privacy Statement. Information that Terra Point collects is stored in the United States but may also be transferred and stored in other countries. These countries may offer a different level of data protection than Buyer's country of residence. Buyer consents to their information being shared by Terra Point among any Terra Point subsidiaries and affiliates in accordance with the Privacy Statement. Buyer also consents to Terra Point's disclosing information regarding the Buyer to the original equipment manufacturer (“OEM”) of any item that the Buyer places a bid on and any of the OEM's dealers or service providers in Buyer's geographic area. To opt out of sharing with OEM's, their dealers or service providers going forward, contact info@terrapoint.com . Once disclosed, this information will be governed by the OEM's or OEM dealer's privacy policy and will be subject to the laws of the jurisdiction in which the OEM or OEM dealer processes the information. OEMs and their dealers or service providers use this information to understand the secondary market for their equipment, to communicate with Buyers about their products and services, and for other purposes disclosed in their privacy policies. Terra Point has no liability for information used by the OEM, its dealers, representatives and service providers.
12. GENERAL. This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written. 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 Terra Point'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 Terra Point to assign this Agreement, you hereby appoint the officers of Terra Point 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.
KEY SELLER POINTS
Terra Point 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. Terra Point is not a traditional auctioneer, but a marketplace for promoting equipment for sale.
The Key Seller Points above provide an overview of our terms and conditions for participating as a seller in Terra Point'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 Terra Point's sites and services (through www.Terra Point.com and/or any third party marketplace) (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)”. Terra Point, LLC, is a limited liability company formed under Delaware law, and is registered with the Texas Secretary of State. Terra Point is bonded with International Sureties in the Northern and Eastern Districts of Texas (under bond # 016031968) and with the Southern and Western Districts of Texas (under bond # 016032297).
The Seller Terms were last revised on January 9, 2018.
1. TERRAPOINT'S SERVICES
1.1. Services of Terra Point.Under the terms of this Agreement, Terra Point 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 Terra Point is not a party to the subsequent purchase contract for Equipment that is entered into between you and the Buyer. Nor does Terra Point 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 (the “Equipment”), 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 an 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, the Reserve Price, or Asking Price, as applicable, (b) to a Buyer who commits to purchase Equipment at the Buy Now Price; or (c) to a Buyer who commits to purchase Equipment at the Negotiated Price.
1.3. Opening Bid and Scheduling. For Online Sales, Terra Point will set the opening floor bid for the Equipment and schedule the listing opening times. For Buy Now and Make Offer listings, Terra Point will set the opening flor bid for the Equipment and schedule the listing opening times; you will have the option of setting a Buy Now Price (“ Strike / Buy Now Price”) or an Asking Price (“Asking Price”), mutually agreed upon by you and Terra Point which falls in line of estimated market value as determined by Terra Point. You may lower the Buy Now Price or the Asking Price during a listing period, but you may not add a Buy Now or an Asking Price after the opening time. If you have selected to list the Equipment by Reserve, you will have the option of setting a minimum floor price mutually agreed upon by you and Terra Point which falls in line of estimated market value as determined by Terra Point (“Reserve Price”). Terra Point will determine the period of time that the Reserve listing is published on the website and available for Buyers to submit bids (the “Reserve Period”). If, at the end of the Reserve Period, the Reserve Price has been met, the highest bid received from a Buyer will be automatically accepted. If the Reserve Price is not met during the Reserve Period, Terra Point may offer the option to re-list the Equipment. All Buy Now, Make Offer and Reserve listings will be scheduled to run for up mutually agreed upon consecutive days, as per the listing agreement.
1.4. Additional Options. . For Make Offer listings and Reserve listings where the Asking Price or Reserve Price is not met, you have the option to (a) accept bids lower than the Asking Price or Reserve Price, as applicable; (b) counter bids lower than the Asking Price or Reserve Price, as applicable, with a higher offer (“Counter Offer”); or (c) reject bids lower than the Asking Price or Reserve Price, as applicable, at any time during a listing. Counter Offers are valid for up to two (2) business days. However, only one (1) Counter Offer can be valid at any time; the last Counter Offer you issue supersedes and invalidates any previous Counter Offers. Upon acceptance of the Counter Offer by the Buyer, the listing is closed and you are legally bound to complete the transaction.
1.5. Conclusion of Purchase Contract; Bill of Sale. After the winning bid for a piece of Equipment has been established by Terra Point or the Buyer has (a) committed to purchase the Equipment at the Buy Now Price or the Asking Price or (b) met or exceeded the Reserve Price at the end of the Reserve Period, the bid or purchase commitment of Buyer will be automatically accepted by you 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. Further, for Make Offer listings, you may accept or counter an offer below the Asking Price. In the event that you accept an offer or the Buyer accepts your Counter Offer (the “Negotiated Price”), the Purchase Contract is concluded and all terms herein shall apply. 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 “Terra Point 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.
1.6. 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 the bidding in any way, including bidding on your own Equipment, to artificially raise the final sales price. In the event of price manipulation, Terra Point will (a) ban you from future use of the Marketplace, (b) cancel any involved transaction(s), and (c) charge you a Shill Bidding Fee.
1.7. Equipment Availability; Risk of Loss. Subject to Terra Point's receipt of full payment and Buyer’s completion of any additional, required documents, you and the Buyer will be notified that the Equipment is available for pick-up via an email that is generated automatically by the Marketplace (“Item Release”). 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 Terra Point or Buyer may have. Unless otherwise dictated in the Agreement, the responsibility and risk of loss for Equipment shall be and remain with you (and not Terra Point 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 Terra Point or you). Unless otherwise dictated in the Agreement, Terra Point has no obligation to maintain insurance coverage pertaining to the Equipment in the possession of Terra Point for purposes hereunder.
1.8. Authorization to Use Marks. . In connection with your use of the Marketplace, you agree that Terra Point 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 Terra Point, 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.
1.9. Regulatory. 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. You will disclose to Terra Point any and all modifications or omissions to the aforementioned Federal and State regulations including whether the item has been salvaged, reconstructed, or damaged in a flood.
2. EQUIPMENT LISTINGS. You may not list goods that are illegal to use or possess under any applicable law, rule or regulation. Terra Point 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; (c) review and verify a listing's information and description; or (d) cancel any transaction that it deems to be suspicious or fraudulent and report it to applicable authorities. The information you provide during the Equipment listing process, combined with the Inspection Report, constitute the listing details for the Equipment (“Equipment Listing”). You agree to fully, completely and accurately disclose to Terra Point all information relating to the Equipment of which you are aware. Any information (including brand name or other indication of origin or manufacture) that you provide related to the Equipment must be complete and accurate, and you shall be responsible for any inaccuracies, errors or omissions. Equipment Listings on the Marketplace may not include links to or a description of other items that you may have for sale outside of the Marketplace.
3. INSPECTIONS; RESTRICTIONS ON USE
3.1. Equipment Inspections. For all requested inspections, you agree to permit Terra Point 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. Terra Point shall produce an inspection report (“Inspection Report”) for each piece of Equipment inspected by Terra Point. Terra Point inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments. Terra Point 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 Terra Point. 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 Terra Point.
3.3. Restrictions on Use of Equipment. From the time you provide Listing Details to the Terra Point Marketplace or an inspection is performed by Terra Point 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 Terra Point 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) Terra Point may remove the Equipment from the Marketplace and charge you a Removal Charge; or (b) Terra Point may continue with the listing in which case if the Equipment was inspected previously by Terra Point, you must have the Equipment re-inspected and pay Terra Point for such Re-Inspection Fee. If the Equipment was not inspected, you must supply updated Listing Details to Terra Point and pay Terra Point an additional Listing Fee. In the event of a breach of this provision is determined by Terra Point 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 a 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 upon demand by Terra Point.
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 Terra Point 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 Terra Point upon receipt of an invoice for the fees.
5. FEES AND PAYMENT
5.1. Fees. The commissions and fees payable to Terra Point in consideration for using the Marketplace to list and advertise Equipment for sale are set forth in the listing agreement. Terra Point's standard Fee Schedule is detailed in Schedule 1. Seller may request any of the services outlined in Schedule 1 in association with the sale of Equipment and agrees to pay all fees due for services completed. The cost of the services will be deducted from amounts otherwise due Seller when available. Otherwise, service fees will be invoiced directly to Seller. Terra Point 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 Terra Point 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 Terra Point to facilitate receipt of the purchase price. Further, you hereby grant Terra Point 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 Terra Point, any monies due to you, net of any commissions and fees due Terra Point, as detailed in this Agreement, shall be disbursed within fifteen (15) business days after conclusion of the Purchase Contract. You hereby consent to Terra Point'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 Terra Point shall not have any liability to you for any act or omission of Buyers.
5.3. Taxes and Compliance with Laws.You shall be responsible for the payment of any tax or duty that is your responsibility as a seller of the Equipment. You acknowledge and undertake to make yourself aware of and comply with all laws that may be applicable to your access and use of the Marketplace, and your entering into a transaction on the Marketplace. Terra Point disclaims any and all liability in respect of your use of the Marketplace and your sale of any Equipment resulting in any taxes (whether direct, indirect, local or federal), fines or penalties being levied on you. For the avoidance of doubt, it is your responsibility to satisfy yourself of any charges, taxes (whether direct, indirect, local or federal) or related obligations becoming applicable in respect of the transactions that you enter into on the Marketplace. You shall indemnify Terra Point and its affiliates (and the officers, directors, agents and employees thereof) against any tax, cost or expense arising from your failure to satisfy any laws or regulations in relation to a transaction.
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 Terra Point;
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.
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 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 Terra Point in writing.
8. INDEMNIFICATION. You agree to indemnify and hold harmless Terra Point, 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. Terra Point 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 Terra Point, at its option and expense, may participate and appear on 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 IRONPLANET 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 TERRA POINT 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 IRONPLANET OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LEGAL DISPUTES
10.1. Contracting Entity. Unless otherwise indicated in an agreement with Terra Point, you are contracting with Terra Point, LLC (the “Contracting Entity”) and transacting in U.S. Dollars.
10.2. Governing Law; Jurisdiction and Venue. . For disputes between you and Terra Point, Inc., this Agreement shall be governed by the laws of the State of Texas 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. Any action against Terra Point arising from or relating to this Agreement or any bid or purchase hereunder shall be commenced in the appropriate Civil District Court of Travis County, Texas or, if applicable, the United States District Court for the Western District of Texas. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
10.3. English Controlling Language. All performance under this Agreement and the resolution of disputes 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, Terra Point does so solely for your convenience.
10.4. Limitation Period. 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. Terra Point 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 Terra Point's fees after title is cleared, (c) your lien holders are unwilling to release liens and/or allow Equipment to be listed for sale, (d) you are in breach of the Agreement, (e) you have provided inaccurate, fraudulent, outdated or incomplete information during the registration or Listing process or thereafter, (f) you have violated applicable laws, regulations or third party rights, (g) Terra Point believes in good faith that such action is reasonably necessary to protect the safety or property of other customers, Terra Point personnel or third parties, or (h) for fraud prevention, risk assessment, security or investigation purposes. In the event of such termination, in addition to any other remedies available to Terra Point, you shall pay Terra Point (a) 25% of the estimated market value of Equipment, (b) the Listing Fee and (c) any costs incurred by Terra Point.
12. AMENDMENT OF SELLER TERMS. Terra Point 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 Terra Point 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 Terra Point must be in writing and must be sent via email to info@terrapoint.com and by registered mail or overnight courier to Terra Point, LLC, 1213 Ranch Road 620 South Suite 105 Lakeway, TX 78734, 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.
14. PRIVACY.Terra Point'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.
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 Terra Point'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 Terra Point to assign this Agreement, you hereby appoint the officers of Terra Point 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
TERM | DESCRIPTION | |
---|---|---|
FEES | ||
Listing Fee | A Listing Fee (in addition to any applicable taxes) shall apply for each piece of Equipment you list on the Marketplace. The Listing Fees are specified in the Agreement. Additional Equipment will be subject to the prevailing Listing Fee at the time of each Equipment Listing. | ! |
Lien Search Fee | 50.00 | |
De-Registration Fee | 60.00 | |
Title Transfer Fee | 60.00 | |
Title Transfer Fee | 50.00 | |
Commission | As specified in listing agreement based on the final selling Price of the Equipment. | |
CHARGES | ||
Removal Charge | Listing Fee plus 25% of the greatest of (a) the estimated market value; (b) the opening bid or the Buy Now price; (c) the Asking Price or the Reserve Price, as applicable; or (d) the highest bid submitted on the Equipment to the Terra Point site. Except, in the event that the Asking Price or the Reserve Price was met, the Commission Fee of the final selling price as if the Equipment were sold shall be due. | |
Re-inspection Charge | $ 295.00 | |
Shill Bidding Charge | 25% of the Equipment Advertisement Closing Price for any involved transaction(s). | |
SELLER POST-CLOSING MATTERS | ||
Post-Closing Delay Charge | Charges include, but are not limited to, transportation cancellation or re-scheduling fees, transportation delay fees, hourly or daily average rental cost of equivalent replacement equipment for the Buyer, including loading, unloading and transportation costs. Terra Point may assess the Post-Closing Delay Charge at its discretion. | |
Seller Default Charge | 25% of the winning Advertisement closing price, plus the Listing Fee and any costs incurred by Buyer and validated by Terra Point. | |
ENHANCED SERVICES - U.S. AND CANADA ONLY | ||
Logistics Fee-Repair Estimate | $75.00 - flat fee | |
Transport Fee | Transport Cost + 10% | |
Storage Fee | Storage Cost + 10% | |
Repossession Fee | Repossession Cost + 10% | |
Make-Ready Fee | Make-Ready Cost + 10% | |
Duplicate Title Service | $200.00 + gov. fees | |
Manufacturer's Statement of Origin (MSO) & Titling Document Service | $200.00 + gov. & man. fees | |
VIN Tag / Manufacturer's Label Service | $100.00 + man. fees | |
Title Transfer Service | $200.00 + gov. fees | |
Corrected Title Service | $200.00 + gov. fees |
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