Terms of Service

Users must provide accurate, complete, and current information when creating an account and using the Platform.

EquipHunter may require Users to complete Know Your Customer (KYC), Know Your Business (KYB), identity verification, beneficial ownership verification, sanctions screening, fraud prevention, tax verification, and payment verification processes. Users may be required to provide one or more valid payment methods, including credit card, ACH, bank account, or other Platform-approved methods.

Users are responsible for maintaining the confidentiality of account credentials and for all activities that occur under their accounts. EquipHunter may retain account, transaction, payment, tax, listing, communication, compliance, and support records for audit, compliance, legal, and regulatory purposes for at least five (5) years from the date of the relevant activity, or longer where required by law or legitimate business needs.

Users are prohibited from:

• Violating any applicable law, regulation, sanctions, export control rule, tax rule, marketplace facilitator rule, customs rule, or trade compliance requirement.
• Infringing intellectual property, privacy, publicity, data, contractual, or other third-party rights.
• Engaging in fraudulent, deceptive, manipulative, abusive, false, misleading, or unfair practices.
• Submitting false tax-exempt certificates, false KYC/KYB information, false beneficial ownership information, false payment information, or false Equipment information.
• Attempting to circumvent, interfere with, disable, reverse engineer, scrape, attack, overload, bypass, or compromise the Platform or its security measures.
• Using malware, bots, automated scripts, fake accounts, account sharing, impersonation, shill activity, price manipulation, review manipulation, or fraudulent communications.
• Reselling, marketing, or offering Equipment listed on the Marketplace outside of the Platform in a manner that violates these Terms or avoids Platform fees, unless expressly approved in writing by EquipHunter.
• Using the Platform to transact in prohibited, stolen, encumbered, unsafe, restricted, unlawfully transferable, or noncompliant Equipment.

2.5.1 Unregistered Users

Unregistered Users may search for Equipment or view limited Marketplace content but may not list, sell, purchase, finance, or complete transactions through the Marketplace.

2.5.2 Registered Users

Registered Users may access Marketplace content and list, sell, or purchase Equipment, subject to these Terms, Platform policies, account approval, KYC/KYB review, payment review, compliance review, and any restrictions imposed by EquipHunter. Access to list and sell Equipment is subject to EquipHunter approval, and EquipHunter may approve, deny, suspend, limit, or terminate access in its discretion.

2.5.3 Marketplace Platform Disclaimer

EquipHunter is a neutral B2B marketplace platform and transaction facilitator that facilitates connections and transaction workflows between Buyers and Sellers of Equipment. EquipHunter does not own, inspect, certify, store, manufacture, repair, service, operate, or take possession of any Equipment listed on the Platform unless expressly agreed in a separate written agreement.

EquipHunter does not guarantee the legality, safety, functionality, merchantability, fitness, quality, title, condition, value, suitability, availability, or transferability of any Equipment listed by Sellers. The contract for sale is formed directly between Buyer and Seller. EquipHunter is not a party to that contract and is not responsible for enforcing, mediating, interpreting, or guaranteeing the terms of that contract except to the limited extent EquipHunter administers Platform rules, payment coordination, and the Buyer Protection Program.

By accessing the Platform, creating an account, listing Equipment, submitting an offer, purchasing Equipment, financing Equipment, arranging shipping, or otherwise using the Marketplace, each User represents and warrants that:

• The User is at least eighteen (18) years old or the age of majority in the User's jurisdiction;
• If acting on behalf of an entity, the User has full legal authority to bind that entity;
• The User has all rights, licenses, permissions, and authority necessary to list, sell, purchase, finance, ship, export, import, or otherwise transact with respect to the applicable Equipment;
• The User's use of the Platform and participation in any transaction will comply with all applicable laws, regulations, contracts, financing documents, liens, leases, restrictions, and third-party rights; and
• Any claims, legal disputes, or issues arising from a transaction, including payment, Equipment condition, title, delivery, tax, or use, must be resolved directly between the transacting parties, subject to the Platform administration process and dispute provisions in these Terms.

EquipHunter may provide notification tools that alert Users to newly listed Equipment matching specified criteria. Alerts are provided on a best-efforts basis and do not constitute a reservation, right of first refusal, priority access, guarantee of availability, or guarantee of transaction completion.

Seller authorizes EquipHunter to list, market, promote, enhance, distribute, and facilitate the sale of Seller's Equipment on the Marketplace and through EquipHunter's affiliated channels, Buyer Network, marketing distribution channels, Auction Partners, and Platform Services on a non-exclusive basis.

Seller retains the right to market and sell Equipment through other channels; however, any transaction involving a Buyer sourced directly or indirectly through EquipHunter shall be completed in accordance with these Terms, including the Anti-Circumvention Policy in Section 4.

EquipHunter operates solely as a technology platform, marketplace administrator, and transaction facilitator. EquipHunter does not act as a broker, agent, dealer, seller, buyer, inspector, escrow agent, trustee, payment institution, money transmitter, fiduciary, or legal adjudicator for either Buyer or Seller unless expressly agreed in a separate written agreement.

EquipHunter does not take ownership, possession, title, risk of loss, or control of Equipment at any time unless expressly agreed in a separate written agreement.

EquipHunter is authorized to:

• Create and publish listings based on information provided by Seller or obtained from Seller-Authorized Data Sources;
• Standardize, format, enhance, modify, supplement, and distribute listings across the Platform, Buyer Network, Auction Partners, and marketing channels;
• Use automated tools, integrations, artificial intelligence tools, data ingestion, APIs, and other processes to generate and maintain listings;
• Coordinate communications, payment workflows, shipping workflows, tax workflows, financing workflows, and compliance workflows through third-party providers; and
• Remove, suppress, suspend, or modify listings that are incomplete, inaccurate, misleading, stale, unavailable, noncompliant, or inconsistent with Marketplace standards.

Seller agrees to:

• Maintain accurate and up-to-date listing information;
• Promptly notify EquipHunter if Equipment becomes unavailable, is sold, is subject to a lien or claim, materially changes condition, or can no longer be transferred;
• Honor all obligations associated with any transaction initiated, sourced, or facilitated through the Marketplace;
• Cooperate with EquipHunter, Payment Processors, Shipping Partners, Financing Partners, Auction Partners, and Buyers as reasonably necessary to complete Platform transactions; and
• Comply with the Anti-Circumvention Policy and all Platform rules.

Seller represents and warrants that it has all rights, licenses, permissions, and authority necessary to authorize EquipHunter to access, retrieve, ingest, copy, modify, display, distribute, and use Seller Data from Seller-Authorized Data Sources for purposes of creating, enhancing, marketing, promoting, and facilitating transactions involving Seller's Equipment. Seller is solely responsible for the accuracy, legality, ownership, and permitted use of all Seller Data and shall indemnify EquipHunter from claims arising from Seller Data, including claims relating to inaccurate information, intellectual property infringement, privacy rights, data rights, or unauthorized access to third-party systems.

To create or maintain a listing, Seller shall provide accurate and complete information, including, as applicable:

• Equipment category, brand, model, year, serial number, Equipment ID, and identifying details;
• Current usage, including hours, mileage, age, and service history;
• Included attachments, components, accessories, manuals, keys, records, or related items;
• Size, weight, transport, loading, pickup, and delivery specifications;
• Maintenance, service, inspection, and repair records available to Seller;
• Confirmation of a documented B-Service or 250-hour service completed within thirty (30) days prior to listing, if applicable;
• Photos and videos accurately representing the actual Equipment and its current condition;
• Any known defects, liens, encumbrances, title issues, legal restrictions, financing restrictions, lease restrictions, recall issues, safety issues, transfer limitations, or other material information;
• All additional information, inspection data, tax information, title information, payment information, and compliance information required by EquipHunter or the Platform.

All images must accurately represent the actual Equipment being sold. Stock images, AI-generated images, images of different units, materially altered images, or misleading images are prohibited unless expressly identified and approved by EquipHunter in writing. Seller is responsible for ensuring all imported, synced, automated, or third-party listing data accurately reflects the specific Equipment listed.

EquipHunter may standardize, format, enhance, or supplement listing information for consistency and performance across the Marketplace, but Seller remains solely responsible for accuracy and completeness.

Seller acknowledges that EquipHunter may initiate an expedited listing process ("72-Hour Launch") using available Seller Data, including automated, incomplete, partial, imported, or system-generated inputs, for the purpose of rapidly introducing Equipment to the market and generating Buyer interest. No Binding Transaction shall occur during the 72-Hour Launch without Seller approval, except where Seller has enabled Priority Access or otherwise authorized early transaction acceptance.

During the 72-Hour Launch period:

• Listings may contain estimated, preliminary, special, or system-generated pricing;
• Listings may be incomplete, evolving, or subject to refinement;
• Buyer activity, inquiries, and interest may be generated;
• Seller retains the right to review, modify, approve, or reject final listing details prior to any Binding Transaction; and
• No Binding Transaction shall occur until Seller has reviewed and approved final listing details, pricing, and applicable transaction terms, except where Seller has enabled Priority Access or otherwise authorized early acceptance.

EquipHunter shall not be liable for pricing discrepancies, incomplete or evolving listing data, or Buyer expectations formed prior to Seller confirmation during the 72-Hour Launch.

Seller retains full responsibility for establishing Equipment pricing. EquipHunter may provide Pricing Guidance based on internal data, market comparables, OLV, FLV, FMV, valuation benchmarks, historical transaction data, or other sources. Pricing Guidance is non-binding and does not constitute an appraisal, valuation opinion, guarantee of sale price, guarantee of transaction outcome, or professional advice.

Seller represents and warrants that all information provided by Seller, whether submitted directly or sourced from Seller-Authorized Data Sources, is true, accurate, complete, current, and not misleading. Seller represents and warrants that all Equipment is free and clear of all liens, encumbrances, leases, financing restrictions, title defects, security interests, legal claims, ownership disputes, and transfer restrictions unless expressly disclosed in the listing and accepted by Buyer and EquipHunter.

Seller agrees to indemnify and hold harmless EquipHunter, Buyers, Payment Processors, Shipping Partners, Financing Partners, Auction Partners, and their respective representatives from claims arising from inaccurate Seller Data, undisclosed liens, title defects, ownership disputes, transfer restrictions, false listing information, or Seller's breach of these Terms.

Seller acknowledges that all listing information forms the basis of Buyer purchase decisions, Equipment acceptance, payment release, tax treatment, shipping coordination, and dispute review. Any automated, imported, synced, or third-party data remains Seller's responsibility to review and verify.

Any material inaccuracy, omission, or misleading statement may constitute a Gross Misrepresentation. In the event of Gross Misrepresentation, Seller may be responsible for return shipping costs, repair costs required to bring Equipment into conformity with the listing, price adjustments required to complete the transaction, direct damages incurred by Buyer as a result of such misrepresentation, and amounts owed to EquipHunter under these Terms.

EquipHunter may offset such amounts from Seller proceeds, direct or request Payment Processors to hold or reallocate funds, suspend or terminate Seller access, remove or suppress listings, and pursue all available remedies.

Seller may modify or remove a listing at any time before a Binding Transaction, subject to the limitations below. Seller may not withdraw, modify, materially alter, sell outside the Platform, or make unavailable any listed Equipment without prior written approval from EquipHunter and fulfillment of applicable obligations if:

• A Buyer has submitted an offer;
• A transaction is in progress;
• Equipment is under active negotiation;
• EquipHunter has initiated Buyer engagement, sourcing activity, logistics coordination, financing coordination, payment processing, or compliance review; or
• A Binding Transaction or Platform-originated transaction is pending or has occurred.

Seller must promptly notify EquipHunter if Equipment becomes unavailable, is sold outside the Marketplace, is damaged, is modified, is subject to a lien, or undergoes a material change in condition. Failure to do so may result in listing removal, account suspension, reduced Marketplace visibility, financial liability, offsets, commission liability, and other remedies if such failure disrupts a transaction or avoids Platform fees.

3.6.1 Priority Access

EquipHunter may offer a Priority Access feature that allows Buyers to submit offers or complete transactions before the conclusion of the 72-Hour Launch Window. Priority Access transactions may become Binding Transactions once accepted in accordance with Section 6. Seller retains the right to accept or reject Priority Access offers unless otherwise agreed in writing or enabled by Seller through Platform settings.

EquipHunter may offer Seller optional Equipment disposition pathways, including auction-based sales through approved Auction Partners ("Guaranteed Exit"). Guaranteed Exit refers to a structured and managed disposition process and does not guarantee timing, pricing, proceeds, bidder participation, sale completion, or transaction outcome unless expressly agreed in a separate written agreement.

At Seller's election, EquipHunter may facilitate Equipment placement with Auction Partners, coordinate auction sales with or without reserve pricing, and manage disposition as part of a broader sale strategy. Seller retains discretion to approve or decline participation, set reserve pricing where applicable, and accept or reject auction outcomes, subject to Auction Partner rules and any applicable transaction commitments.

If Equipment is sold through an Auction Partner introduced, sourced, or coordinated by EquipHunter, EquipHunter's commission and applicable fees remain payable, the transaction shall be treated as Marketplace-originated, and Auction Partner fees shall be Seller's responsibility unless otherwise agreed in writing. EquipHunter shall not be liable for auction performance, bidder conduct, Auction Partner actions or omissions, or auction outcomes.

Sellers may not list Equipment that:

• Is stolen or subject to law enforcement investigation;
• Is encumbered by undisclosed liens, leases, financing restrictions, title defects, legal claims, or ownership disputes;
• Is subject to transfer restrictions not disclosed and accepted by Buyer and EquipHunter;
• Is under active lease or financing restrictions prohibiting transfer;
• Is subject to unresolved manufacturer recall, safety issue, or regulatory restriction without disclosure;
• Requires licensing, permits, customs clearance, export authorization, import authorization, or government approval for transfer that is not disclosed;
• Is unsafe, unlawful, sanctioned, prohibited, counterfeit, materially misdescribed, or otherwise noncompliant; or
• Is otherwise prohibited by Platform policy.

EquipHunter may remove, suspend, or suppress any listing at its discretion.

Prohibited circumvention actions include:

• Exchanging contact information, phone numbers, emails, social media handles, websites, payment details, or other communication channels with the intent of negotiating, finalizing, or completing an off-Platform transaction;
• Negotiating, finalizing, or completing sales outside of EquipHunter to avoid commissions, transaction fees, payment processing, tax processing, compliance review, or Platform rules;
• Encouraging, soliciting, inducing, facilitating, or responding to off-Platform transactions involving Platform-sourced Buyers, Sellers, or Equipment;
• Using an unapproved third party to finance, pay for, broker, document, or facilitate a Platform-originated transaction in a manner that avoids Platform requirements;
• Promoting, selling, or attempting to sell Equipment listed on the Platform through other channels to a Buyer sourced directly or indirectly through EquipHunter without written consent from EquipHunter;
• Misusing Platform communications to divert Buyers or Sellers away from the Marketplace; or
• Using affiliates, employees, contractors, agents, related entities, straw buyers, or third parties to accomplish any prohibited circumvention.

For clarity, Platform-approved communications necessary to coordinate inspection, shipping, pickup, financing, payment, tax documentation, compliance review, or transaction logistics shall not constitute circumvention, provided the parties do not negotiate, finalize, or complete the transaction outside of the Platform or avoid applicable Platform fees.

If a User circumvents or attempts to circumvent the Platform, EquipHunter may suspend or terminate the User's account, remove listings, restrict future access, blacklist the User from future Platform participation, and pursue all available legal and equitable remedies.

Because damages resulting from circumvention may be difficult to calculate, the User agrees that EquipHunter shall be entitled to liquidated damages equal to the greater of: (a) the commission, transaction fees, and other amounts EquipHunter would have earned had the transaction been completed through the Platform; or (b) $5,000 per circumvention event. The parties agree that this amount is a reasonable estimate of anticipated damages and is not intended as a penalty. EquipHunter shall also be entitled to recover its reasonable attorneys' fees and costs incurred in enforcing this Section.

By using the Platform, Users agree to conduct all Platform-originated transactions through the Platform and acknowledge that violations of this Anti-Circumvention Policy may result in immediate account action, liquidated damages, and legal enforcement.

Users who claim tax-exempt status must provide and maintain a current, accurate, and valid tax-exempt certificate and any related documentation requested by EquipHunter, Payment Processors, tax providers, or applicable authorities.

It is the User's sole responsibility to ensure any tax-exempt certificate is valid, current, complete, accurate, and applicable to the transaction. Use of an expired, invalid, inaccurate, or inapplicable certificate may result in the imposition of applicable taxes, penalties, interest, account action, transaction delay, or indemnification obligations.

The Platform supports transaction modalities including Buy Now fixed-price purchases and Request Quote negotiated purchases. A Binding Transaction forms only after applicable pricing, shipping, financing, tax, and transaction terms have been finalized and accepted, and payment has been submitted or authorized through the Platform.

The Marketplace facilitates transactions between Buyers and Sellers of Equipment. EquipHunter does not take ownership of Equipment and is not a party to the underlying sale agreement between Buyer and Seller. All Platform-originated transactions must be completed through the Platform in accordance with these Terms.

When a Buyer initially selects Equipment for purchase, the Platform may provide an estimated shipping fee. Any initial shipping fee is a non-binding estimate. When a Shipping Partner provides a final shipping proposal, Buyer will have up to twenty-four (24) hours to accept or decline unless otherwise stated. EquipHunter and Shipping Partners will use commercially reasonable efforts to provide a final shipping proposal promptly, but neither guarantees timing, pricing, route availability, carrier availability, or delivery schedule.

Buyers may pay for Equipment, shipping, taxes, and applicable fees using Platform-approved payment methods, which may include:

• Credit card;
• ACH or connected bank account;
• Financing through Marketplace-approved Financing Partners; or
• Other payment methods approved by EquipHunter.

6.3.1 Credit Cards

Buyers using credit cards may be charged an additional payment processing fee, which is separate from and in addition to any applicable Buyer Transaction Fee, shipping charges, taxes, or other amounts due.

6.3.2 ACH

There are no additional ACH charges unless disclosed at checkout or in Platform pricing terms. ACH payments remain subject to verification, reversal, banking delays, returns, compliance review, and Payment Processor rules.

6.3.3 Financing

Users seeking pre-approval or financing must follow the Marketplace vendor process. Approved financing proposals result in an agreement directly between Buyer and the applicable Financing Partner. EquipHunter is not a lender, broker, financing provider, credit advisor, or guarantor unless expressly stated in a separate written agreement.

6.3.4 Financing Terms

Users financing Equipment deal directly with the approved Financing Partner. Except as expressly stated in these Terms, the relationship is solely between Buyer and Financing Partner. EquipHunter is not responsible for User non-compliance with financing terms, financing denial, financing delays, lender decisions, credit decisions, or Financing Partner conduct.

6.3.5 Separate Payment for Taxes and Shipping

When Buyer finances Equipment, Buyer may be required or permitted to pay taxes, shipping, transaction fees, deposits, payment processing fees, or other amounts separately using Platform-approved methods.

6.3.6 Binding Agreement Formation

A legally binding agreement between Buyer and Seller is formed once Buyer has accepted final Equipment pricing, shipping terms, financing terms, tax charges, and other applicable transaction terms and submitted or authorized payment through the Platform. EquipHunter is not a party to that sale agreement and assumes no responsibility for enforcement beyond the limited Platform administration, payment coordination, and Buyer Protection Program procedures described in these Terms.

6.4.1 Shipping

Except for international purchases, financed transactions where different procedures apply, or transactions where Buyer and Seller agree to independent shipping in a Platform-approved manner, EquipHunter may coordinate shipping through Shipping Partners. Shipping charges are paid from Buyer funds or other Platform-approved payment mechanisms. EquipHunter is not the carrier, freight broker, insurer, shipper of record, or guarantor of delivery unless expressly agreed in a separate written agreement.

6.4.2 Taxes

EquipHunter or its third-party tax, payment, or compliance providers may calculate, collect, remit, report, or facilitate payment of applicable sales, use, marketplace facilitator, excise, import, export, or similar taxes where required by applicable law or Platform policy. Users remain responsible for providing accurate tax information, exemption certificates, entity details, transaction information, location information, resale information, and documentation requested by EquipHunter or its third-party providers. EquipHunter does not provide tax advice and does not guarantee the tax treatment of any transaction.

6.4.3 Seller Payment

Subject to Buyer acceptance or deemed acceptance, Payment Processor settlement timing, compliance holds, dispute holds, chargeback risk, tax withholding, financing requirements, and other applicable holds, Seller will be paid the listed Equipment sale price net of Platform commission, applicable fees, offsets, chargebacks, refunds, adjustments, and amounts owed under these Terms.

Unless otherwise agreed in a separate written agreement between Seller and EquipHunter, Seller shall pay EquipHunter an eight percent (8%) commission based on the listed Equipment sale price, which may be deducted from Seller proceeds at the time funds are released. Buyer shall pay a Buyer Transaction Fee based on the Equipment purchase price according to the following schedule: (a) Purchases up to $25,000: ten percent (10%) of the purchase price, subject to a minimum Buyer Transaction Fee of $100; (b) Purchases from $25,000.01 to $75,000: five percent (5%) of the purchase price, subject to a minimum Buyer Transaction Fee of $2,500; and (c) Purchases above $75,000: a flat Buyer Transaction Fee of $3,750.

EquipHunter may, in its discretion, offer promotional discounts, fee waivers, credits, or other adjustments to the Buyer Transaction Fee, including a temporary one hundred percent (100%) discount during promotional periods. Any such discount, waiver, credit, or adjustment shall apply only to the extent displayed on the Platform or otherwise confirmed by EquipHunter in writing, and EquipHunter may modify, extend, or terminate any promotional pricing at any time, subject to applicable law and any transaction-specific terms already accepted by the applicable User. These fees apply to all transactions completed through the Platform, any transaction involving a Buyer sourced through EquipHunter, and any transaction completed through Auction Partners introduced or coordinated by EquipHunter. Failure to complete transactions through the Platform may result in enforcement under Section 4.

Buyer may cancel a proposed purchase at no cost before a Binding Transaction if Buyer declines a final shipping proposal or declines a final financing proposal within the applicable response period. Approved refunds are processed within five (5) to ten (10) business days depending on payment method, Payment Processor procedures, banking timelines, and compliance review.

Users who consistently cancel transactions before completion may be subject to suspension, reduced access, removal from the Platform, or other account restrictions. Once a Binding Transaction has been formed, Buyer may not cancel without cause, and unauthorized cancellation may result in penalties, suspension, loss of Platform access, forfeiture of fees where permitted, or other remedies.

EquipHunter takes fraud prevention, financial security, and regulatory compliance seriously. To facilitate secure transactions and verify Users, EquipHunter may use third-party Payment Processors, identity verification providers, KYC/KYB providers, tax providers, compliance providers, and fraud prevention tools.

By using the Platform, Users acknowledge and agree that:

• Third-party providers may require information and documentation to verify identity, business, beneficial ownership, authority, payment methods, tax status, and transaction legitimacy;
• Transactions may be flagged, delayed, suspended, held, reversed, canceled, or denied based on fraud, compliance, sanctions, AML, payment, chargeback, tax, or risk concerns;
• EquipHunter and its providers may monitor transactions and account activity to detect, prevent, and mitigate fraudulent, suspicious, unlawful, or abusive activity;
• Users are responsible for maintaining account security and promptly notifying EquipHunter of unauthorized activity; and
• EquipHunter may suspend or terminate accounts that engage in suspicious, fraudulent, unlawful, abusive, or high-risk conduct as determined by EquipHunter or its third-party providers.

All fees, including listing, transaction, commission, payment, shipping coordination, service, or other fees, may be outlined in these Terms, a Pricing Schedule, checkout flow, transaction summary, written agreement, or Platform notice. Fees are charged in accordance with the published or agreed rates at the time of the transaction unless otherwise stated.

Fees may be adjusted due to market conditions, inflation, cost of operations, regulatory compliance, tax changes, Payment Processor fees, Shipping Partner fees, Financing Partner fees, Auction Partner fees, service enhancements, promotional discounts, volume-based discounts, or Platform policy changes. Promotional or volume-based discounts are at EquipHunter's sole discretion.

EquipHunter will use commercially reasonable efforts to provide at least thirty (30) days' notice before material fee adjustments take effect for ongoing use of the Platform. Continued use of the Platform after the effective date of a fee adjustment constitutes acceptance of the new fee structure. Users who disagree with fee changes may close their accounts before the adjustment takes effect, subject to any pending obligations or transactions.

When a Buyer finances Equipment through a Financing Partner, Seller payment procedures, timing, fund release, and disbursement may differ from standard Platform payment procedures and shall be governed by the applicable financing workflow, Financing Partner requirements, and any transaction-specific terms.

Buyer and Seller participating in an international transaction are solely responsible for compliance with all applicable laws, including import, export, customs, tax, licensing, registration, transport, title, sanctions, anti-boycott, and trade compliance requirements.

Users are solely responsible for complying with all applicable export control, sanctions, customs, import, trade, and anti-boycott laws and regulations. Users may not use the Platform to purchase, sell, export, re-export, ship, transfer, finance, or otherwise make available Equipment to any person, entity, country, region, or end use prohibited by applicable law. EquipHunter may refuse, suspend, or cancel any transaction that it believes may violate export control, sanctions, customs, import, tax, or trade compliance requirements.

Unless otherwise specified and agreed in writing or through Platform workflow, EquipHunter may coordinate shipping through vetted or approved Shipping Partners. EquipHunter does not itself provide freight, shipping, carrier, logistics, brokerage, insurance, loading, unloading, rigging, or delivery services unless expressly agreed in a separate written agreement.

Buyer is responsible for paying all applicable shipping, delivery, loading, unloading, storage, waiting, accessorial, customs, insurance, and related fees, unless otherwise agreed in writing. Buyer is responsible for ensuring that the delivery location is accessible, safe, legally compliant, and able to receive the Equipment.

Buyer must notify the Shipping Partner and EquipHunter within twenty-four (24) hours of delivery of any issue Buyer believes is the responsibility of the Shipping Partner. Buyer and Shipping Partner will directly manage resolution of shipping claims. EquipHunter may assist with coordination but is not liable for Shipping Partner acts, omissions, delays, damage, loss, or claim handling.

EquipHunter will work with Shipping Partners to facilitate prompt delivery, but shipping timeframes are estimates only. EquipHunter assumes no liability for delays, carrier availability, route changes, weather, customs, mechanical issues, delivery site issues, or other shipping-related delays. Delay in delivery is not, by itself, a valid reason for non-acceptance under Section 10 unless otherwise expressly stated in transaction-specific terms.

Upon delivery of Equipment, Buyer shall have twenty-four (24) hours, or until the end of the next business day if delivery occurs on a weekend, federal holiday, or after 5:00 p.m. local time at the delivery location, to inspect and either accept or reject the Equipment (the "Acceptance Period"). Inspection may include visual review, operational testing where reasonably feasible, and verification against listing details. If Buyer does not provide written notice of acceptance or non-acceptance within the Acceptance Period, the Equipment shall be deemed accepted.

Except as expressly stated in the applicable listing, all Equipment is sold on an "as-is, where-is, with all faults" basis, subject only to the limited Acceptance Period and Gross Misrepresentation process described in these Terms. Used Equipment may contain ordinary wear and tear, cosmetic defects, maintenance needs, operating characteristics consistent with age, usage, and prior use, and other non-material issues. Buyer may not reject Equipment based on buyer's remorse, market value changes, delivery delay, ordinary wear and tear, cosmetic issues that do not materially affect functionality, maintenance needs consistent with age or use, or Buyer's intended use unless such use was expressly represented in the listing.

Even if Buyer files a claim with a Shipping Partner under Section 9.3, Buyer must still make an Equipment acceptance decision within the Acceptance Period specified in Section 10.1. Shipping claims and Equipment acceptance claims are separate processes unless EquipHunter determines otherwise for Platform administration purposes.

If Buyer does not accept Equipment, Buyer must provide written notice within the Acceptance Period, including a detailed explanation, photographs, videos, documentation, and any other evidence reasonably requested by EquipHunter. Valid reasons for non-acceptance are limited to:

• Mechanical issues, defects, or failures materially affecting Equipment functionality that were not disclosed by Seller and were not reasonably apparent from the listing;
• Gross Misrepresentation based on information provided by Seller in the listing or purchase process;
• Material deviation from the listing with respect to Equipment identity, title, serial number, specifications, functionality, condition, or included components; or
• Other limited grounds expressly approved by EquipHunter in writing.

Upon Buyer submission of a timely and facially valid non-acceptance claim, EquipHunter may facilitate a structured resolution process between Buyer and Seller. Based on evidence provided, resolution may include price adjustment, Seller-funded repairs, return of Equipment, allocation of shipping costs, refund, release of funds, withholding of funds, or other commercially reasonable resolution.

If Gross Misrepresentation is confirmed for Platform administration purposes, Seller may be responsible for return shipping costs, remediation, repairs, price adjustment, transaction reversal, offsets, and other amounts reasonably required to resolve the issue. If non-acceptance is determined to be invalid for Platform administration purposes, Equipment shall be deemed accepted and Buyer shall remain responsible for the full transaction.

EquipHunter reserves the right to make final Platform administration determinations based on the information provided, acting in good faith to enforce Marketplace standards. Any determination made by EquipHunter is made solely for purposes of administering Platform rules, determining Platform access, and directing release, hold, refund, offset, or reallocation of funds through the applicable Payment Processor. EquipHunter's determination does not constitute a judicial, arbitral, or legal adjudication of the parties' underlying rights, claims, or defenses, and does not make EquipHunter a party to the underlying sale transaction.

All transaction funds may be held, reserved, authorized, captured, delayed, released, refunded, or reallocated through a third-party payment processor holding account, reserve account, or other payment settlement mechanism until completion of the Acceptance Period and satisfaction of applicable payment, tax, shipping, financing, compliance, and dispute requirements.

Upon acceptance or deemed acceptance, funds may be released in accordance with Section 7, and Seller shall receive payment net of applicable fees, commissions, taxes, shipping amounts, offsets, refunds, chargebacks, adjustments, and amounts owed under these Terms. In the event of valid non-acceptance, payment release may be held pending resolution, and funds may be reallocated in accordance with the agreed resolution, Platform administration determination, Payment Processor requirements, or transaction-specific terms.

EquipHunter may direct or request Payment Processors to disburse, hold, reserve, refund, offset, or reallocate funds consistent with these Terms. Any approved refunds will be processed within five (5) to ten (10) business days depending on Buyer's payment method, financial institution, Payment Processor rules, and compliance requirements.

Buyers are expected to act in good faith when evaluating Equipment. EquipHunter may reject non-acceptance claims that are unsupported, untimely, inconsistent with listing details, based on excluded grounds, or submitted for improper purposes. EquipHunter may suspend or terminate Buyers who engage in repeated cancellations, unsupported rejection behavior, abusive disputes, misuse of the acceptance process to renegotiate pricing, or failure to provide required documentation.

EquipHunter acts solely as a facilitator of the transaction workflow and dispute process. EquipHunter does not inspect, certify, guarantee, repair, maintain, warrant, or assume liability for Equipment condition, performance, legality, title, value, or suitability. All disputes related to Equipment condition remain between Buyer and Seller, subject to the Platform administration process described in these Terms.

All disputes related to Equipment condition, performance, or transaction outcomes must first follow the structured process outlined in Section 10 and, where applicable, the Buyer Protection Program in Section 11. This process is the primary and mandatory Platform administration method of addressing disputes between Buyers and Sellers before arbitration or court proceedings, except where immediate injunctive relief or other emergency relief is required.

EquipHunter may, but is not obligated to, facilitate resolution between Buyers and Sellers. Such facilitation may include reviewing submitted evidence, coordinating communications, proposing resolution outcomes, directing payment holds or releases through Payment Processors, and enforcing Platform rules.

EquipHunter may make Platform administration determinations regarding validity of claims, classification of Gross Misrepresentation, appropriate financial adjustments, account standing, listing status, release of funds, withholding of funds, refunds, offsets, and Platform access. Any determination made by EquipHunter is made solely for purposes of administering Platform rules and does not constitute a judicial, arbitral, or legal adjudication of the parties' underlying rights, claims, or defenses.

EquipHunter may direct or request Payment Processors to hold, reserve, release, refund, offset, or reallocate funds pending dispute resolution, compliance review, chargeback review, tax review, fraud review, financing review, shipping review, or Platform administration. In cases of Seller fault, including Gross Misrepresentation, Seller funds may be reduced, withheld, offset, refunded, or reallocated, and Seller may be required to cover shipping, repair, return, price adjustment, or other resolution amounts. In cases of Buyer fault, funds may be released to Seller, and Buyer may be subject to penalties, fees, suspension, or termination.

EquipHunter is not a party to the underlying transaction between Buyer and Seller, does not inspect, certify, warrant, guarantee, or assume responsibility for Equipment, and does not assume responsibility for Equipment condition, performance, title, legality, safety, merchantability, fitness, availability, value, or suitability. EquipHunter's role is limited to facilitating transactions, coordinating third-party services, administering Platform rules, and enforcing these Terms.

To the fullest extent permitted by law, EquipHunter shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages; lost profits; lost revenue; lost business opportunity; loss of goodwill; business interruption; substitute equipment costs; financing losses; shipping delays; tax consequences; or disputes arising from Buyer, Seller, Shipping Partner, Financing Partner, Auction Partner, Payment Processor, or other third-party conduct.

To the fullest extent permitted by law, EquipHunter's aggregate liability arising out of or relating to these Terms, the Platform, or any transaction shall not exceed the greater of: (a) fees actually paid to EquipHunter by the User asserting the claim in the three (3) months preceding the event giving rise to the claim; or (b) one hundred dollars ($100). This limitation does not apply where prohibited by law.

Except for claims seeking temporary, preliminary, or permanent injunctive relief, claims relating to unauthorized use of the Platform, anti-circumvention violations, intellectual property misuse, data misuse, confidentiality violations, fraud, payment misuse, or actions to enforce or confirm an arbitration award, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any transaction facilitated through the Platform shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted by a single arbitrator in Delaware, unless the parties agree to remote proceedings or another location. The arbitrator shall have authority to award any relief available under applicable law, subject to the limitations of liability and other limitations set forth in these Terms. Judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs unless otherwise required by law, awarded by the arbitrator, or provided under these Terms.

To the extent any dispute is not subject to arbitration, or to the extent court action is necessary to seek injunctive relief, enforce these Terms, confirm or enforce an arbitration award, or pursue claims excluded from arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. Each User waives any objection based on personal jurisdiction, venue, forum non conveniens, or similar grounds.

Users agree that all disputes shall be resolved on an individual basis. Users waive the right to participate in class actions, collective proceedings, representative claims, private attorney general actions, consolidated proceedings, or jury trials to the fullest extent permitted by law.

EquipHunter may suspend or terminate Users involved in repeated disputes, remove listings associated with high dispute frequency, restrict Platform access, withhold or offset amounts owed, and permanently remove Users who engage in fraudulent claims, repeated misrepresentation, abusive disputes, circumvention, or other harmful conduct.

All content on the Marketplace, including text, graphics, logos, software, code, designs, layouts, workflows, compilations, data structures, user interface elements, trademarks, service marks, and trade dress, is owned by EquipHunter or its licensors and is protected by copyright, trademark, trade secret, and other laws. Users may not copy, modify, distribute, scrape, reverse engineer, reproduce, exploit, or create derivative works from Marketplace content except as expressly permitted by EquipHunter in writing.

By submitting, uploading, authorizing, or making available any content, data, images, descriptions, specifications, videos, records, or other materials to the Marketplace, each User grants EquipHunter a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, display, distribute, modify, enhance, format, translate, analyze, process, and otherwise exploit such content in connection with operating, marketing, improving, and enforcing the Marketplace and Platform Services.

Subject to the license granted above, intellectual property rights in Equipment images and descriptions provided by Seller remain with Seller or the applicable rights holder. Seller represents that Seller has all rights necessary to grant the license and authorize EquipHunter's use of the materials.

Sellers may use EquipHunter branding and logos solely for the purpose of indicating their participation in the Marketplace and only in accordance with EquipHunter's brand guidelines or written instructions. Any other use requires prior written consent from EquipHunter.

EquipHunter will respond to valid notices of alleged copyright or intellectual property infringement in accordance with applicable law. Notices must include sufficient detail to identify the content, ownership claim, alleged infringement, contact information, and any required statements under applicable law. EquipHunter may remove or disable access to allegedly infringing content and may terminate repeat infringers.

Use of the Platform is governed by EquipHunter's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, Users acknowledge and agree that EquipHunter may collect, use, disclose, retain, process, and transfer personal information, business information, transaction information, payment information, tax information, identity information, Seller Data, Buyer information, communications, and usage information as described in the Privacy Policy and as necessary to operate the Platform, facilitate transactions, conduct KYC/KYB and fraud prevention, comply with law, and enforce these Terms.

EquipHunter is committed to complying with applicable data protection laws where they apply, which may include GDPR, UK GDPR, CCPA/CPRA, and other privacy laws. EquipHunter may store and process personal data in jurisdictions outside a User's country of residence. For Users located in the EU, UK, or other jurisdictions with international transfer restrictions, data transfers will be governed by applicable safeguards where required by law.

Where applicable and as described in the Privacy Policy, Users may have rights to access, correct, delete, object to processing, restrict processing, or request portability of personal data. Such rights may be limited by legal, compliance, transaction, fraud prevention, tax, audit, recordkeeping, dispute, and legitimate business needs.

EquipHunter employs commercially reasonable security measures designed to protect the Platform and User data from unauthorized access, use, or disclosure. EquipHunter does not guarantee that the Platform will be free from vulnerabilities, attacks, interruptions, or unauthorized access.

Users are responsible for maintaining account security, choosing strong passwords, protecting login credentials, limiting access to authorized representatives, maintaining secure devices, and promptly updating account information.

Users must immediately report suspected security breaches, unauthorized account access, suspicious activity, payment concerns, fraudulent communications, or data misuse to EquipHunter.

EquipHunter does not guarantee uninterrupted Platform access and is not liable for disruptions due to maintenance, updates, cybersecurity incidents, third-party outages, Payment Processor issues, Shipping Partner issues, hosting issues, connectivity issues, user-side devices, or external factors. EquipHunter may provide support for technical issues affecting Platform access and use, but does not warrant uninterrupted access or response times.

Users may be notified of significant Platform changes, policy changes, feature changes, or material updates through email, Platform announcements, account notices, checkout notices, or other reasonable methods.

Continued use of the Marketplace after implementation of updated terms, policies, features, or Platform changes constitutes acceptance of those updates, except where additional consent is required by law or Platform workflow.

EquipHunter may provide grace periods for Users to adapt to new Platform features, policies, verification requirements, technical requirements, or transaction workflows, but is not required to do so.

EquipHunter may terminate, suspend, restrict, or limit User accounts or Platform access for violations of these Terms, including:

• Providing false or misleading information;
• Engaging in fraudulent, deceptive, abusive, or suspicious practices;
• Violating the Anti-Circumvention Policy;
• Repeatedly failing to meet Seller performance standards;
• Misusing the Buyer Protection Program or non-acceptance process;
• Failing KYC/KYB, sanctions, tax, payment, or compliance review;
• Creating unacceptable risk to EquipHunter, Users, Payment Processors, Shipping Partners, Financing Partners, Auction Partners, or the Marketplace; or
• Any other conduct EquipHunter determines may harm the Platform, Users, or Marketplace integrity.

Users whose accounts have been suspended or terminated may appeal the decision by contacting EquipHunter support, unless EquipHunter determines that an appeal is not available due to fraud, legal restriction, compliance concern, safety issue, or other serious risk. EquipHunter's compliance team will use commercially reasonable efforts to review appeals and respond within fourteen (14) business days. Additional information may be requested.

Users who believe account termination was in error may submit a formal appeal within thirty (30) days of receiving notice. Appeals should include the User's full name and account details, a detailed explanation of why the action was incorrect, and supporting evidence or documentation. EquipHunter's final appeal decision will be made in its discretion, subject to applicable law and the dispute resolution provisions in these Terms.

EquipHunter may terminate accounts for violations of these Terms, fraudulent activity, legal or compliance risk, repeated disputes, nonpayment, circumvention, or other reasons specified in Platform policies. Users may receive notice of account termination by email or Platform notice, where legally permissible and operationally reasonable.

After account termination, EquipHunter may retain User data in accordance with its Privacy Policy, these Terms, and applicable law. Data may be retained for compliance, tax, legal, fraud prevention, audit, dispute resolution, transaction, payment, administrative, and legitimate business purposes. Personal data not required for such purposes may be deleted or anonymized in accordance with applicable law and the Privacy Policy. Users may request copies of account data, such as transaction history or invoices, where available and required by law, through EquipHunter's support channels.