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Dealer Policies, Terms, And Conditions

ITEM LOCATION

Item location information must accurately state where the item will be shipped from. To ensure that buyers have a clear understanding of shipping charges and delivery times, sellers must provide accurate information in their listings about where their item will be shipped from.

Multiple Location Policy

For sellers that have more than one location, each separate location must have an account to buy and sell on the Forklifttrader platform.

Identity Policies

Listings on our site require opening an account and members must be aged 18 years or older.

User Policy

Forkliftttrader is a marketplace that allows users to sell, and buy goods and services in various geographic locations. Forklifttrader is not a party to contracts for sale between third-party sellers and buyers, nor is Forklifttrader a traditional auctioneer.

Any guidance Forklifttrader does provide is to assist in things such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various methods.

Unless otherwise expressly provided, Forklifttrader has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status
  • 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 our Services, or are a person with whom transactions are prohibited under economic or trade sanctions
  • fail to pay for items purchased by you
  • fail to deliver items sold by you
  • share your log in credentials with any third parties unless you require that authorized third parties (employees, agents, etc.) have access to your account
  • engage in gambling
  • post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
  • distribute viruses or any other technologies that may harm the interests or property of users
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our services for any purpose
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Forklifttrader. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Forklifttrader or someone else

Purchase Conditions

When buying an item using our Services, you agree that:

  • You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy
  • You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, regardless of when payment is due or received
  • We do not transfer legal ownership of items from the seller to you, Returns and cancellations for buyers
  • Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order with the seller
  • In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Forklifttrader (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this User Agreement whether or not they were foreseeable or Forklifttrader was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services
  • your use of or your inability to use our Services
  • pricing, shipping, format, or other guidance provided by Forklifttrader
  • delays or disruptions in our Services
  • viruses or other malicious software obtained by accessing or linking to our Services
  • glitches, bugs, errors, or inaccuracies of any kind in our Services
  • damage to your hardware device from the use of any Forklifttrader Service
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greatest of (a) any amounts up to the price the item sold (including any applicable sales tax) plus its original shipping costs, (b) the amount of fees in dispute, not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.