The Legal Stuff
This Exclusive Equipment Listing Agreement (“Agreement”) is a legal & binding agreement between CoffeeTec Roastery Development, LLC (CT), a Limited Liability Company, and the listing individual accepting this Agreement (the “Customer” or “you”).
CoffeeTec and Customer are each referred to herein as a “Party,” and collectively as the “Parties.” This Agreement, together with any other applicable terms and conditions referenced herein, governs in its entirety the relationship between CT and the Customer in connection with the Equipment Listing Agreement.
There is no oral representation or reliance made between all concerned parties as related to any sale or transaction detail. All of the terms and conditions of the sale are stated herein unless an agreed and exchanged written amendment has been made.
Fees and Payment
At CoffeeTec, we believe you should receive what you're asking for your equipment. Unlike most other selling sites, the price that you're asking for is what you get. CoffeeTec does not take any percentage or commission out of your asking price.
By listing equipment on CoffeeTec.com, you agree to work in good faith with CT representatives to sell, crate and ship your equipment. With research, conditions, and all factors to be considered, CoffeeTec will work with you to find the best current market price, imagery and equipment description, (which supports our digital marketing, social media, SEO and ad work).
Upon a successful sale transaction, you'll receive the amount for which you agreed to accept for your equipment prior to listing. The difference between the final selling price and what you agreed to accept for your equipment is CoffeeTec's marketing and selling fees. We will work with you to achieve the quickest and most profitable transaction possible.
Term and Termination
Term – This Agreement is effective as of the date of your registration and acceptance for an equipment listing on CoffeeTec.com. It shall remain in full force and effect until terminated by either party with a 30-day written notice to terminate our agreement, or the equipment listed is sold.
This is an exclusive, 30-day revolving listing agreement. CoffeeTec puts forth an up-front investment of time, effort and money into listing, advertising, marketing and negotiating the sale of your equipment on your behalf, as well as post sale logistics to deliver.
Our sales team at CoffeeTec has constant, and multiple, sale negotiations happening on ALL of our listed equipment, which includes the equipment you list with us on CoffeeTec.com.
If you should choose to retract your equipment from our website listing & selling platform, we require your 30-day written notice of termination of our agreement.
All inquiries made directly to you during this term should be referred to us unless otherwise agreed by written agreement.
If CoffeeTec acquires a buyer for your listed equipment, and at that time you choose to not sell, or you have sold the equipment direct, CoffeeTec is entitled to 5% of the website listing price. If this occurs, without having received your written 30-Day notice of termination of our agreement, CoffeeTec will invoice you for 5% of your equipment listing's sales price.
Survival – The following provisions shall survive any termination of this Agreement: “Disclaimer and Limitation of Liability”, “Indemnification”, “Representations and Warranties”.
Disclaimer and Limitation of Liability
The services provided by CoffeeTec in connection with this agreement are supplied on an “as is” and “as available” basis. To the fullest extent under applicable law, CoffeeTec makes no, and disclaims all, warranties (including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and non-infringement), guarantees, and representations, whether express, implied, oral or otherwise.
The CoffeeTec website, www.coffeetec.com, has no liability, whatsoever, to you or any third party, for any changes made to the customer listing or to your webpage or website as a result of CoffeeTec assistance in implementing the listing. In no event shall CoffeeTec or any partner be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if CoffeeTec has been advised of the possibility of such damages. Coffeetec will not be liable, or considered in breach of the agreement, on account of a delay or failure to perform under the agreement, as a result of causes or conditions that are beyond CoffeeTec control.
In addition, and notwithstanding anything contained herein to the contrary, CoffeeTec’s liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of CoffeeTec cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.
Customer will defend, indemnify, and hold harmless, CoffeeTec, each of its and their respective officers, directors, members, managers, employees, sublicensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or related to:
(a) any breach of the Agreement by you (including, but not limited to, any representations and warranties made herein);
(b) any violation of any law or regulation arising from or in connection with your listing;
(c) any allegation arising from or relating to any customer listing content, including, but not limited to, any allegation that any customer listing content infringes or otherwise violates any trademark, trade name, service mark, copyright, license, trade secret, right of privacy or publicity or other intellectual property or proprietary right of any third party, constitutes false advertising, is defamatory and/or is in violation of any law or regulation;
(d) any claim by any third party related to you or your listing,
(e) any third party dispute with you, including, without limitation, any injury suffered by a third party at your place of business or any other related issue.
Representations and Warranties
You represent, warrant and covenant that at all times during the term of this Agreement:
Seller hereby warrants that the equipment description is accurate and is in full working order, unless otherwise noted in writing;
- Completing a listing form does not constitute an agreement to list;
- The individual accepting this Agreement is authorized to act on behalf of you and to bind you to this Agreement;
- You have the full power and authority to conduct your business, to enter into this Agreement, and to perform your obligations under this Agreement;
- Your execution, delivery and performance of this Agreement will not conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you; (iii) any provision of your organizational documents; or (iv) any agreement or other instrument applicable to you;
- You will comply with all applicable federal, state and local laws, rules, regulations, court orders, judgments and decrees.
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