1. SCOPE OF AGREEMENT

Asseta, Inc. (hereafter referred to as “Asseta”, “we”, “us”, or “our”) provides an online platform that connects sellers who have equipment for sale with buyers seeking to purchase such equipment (collectively, the “Services”), which Services are accessible at http://www.asseta.com. By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Asseta.

2. USE OF SITE AND SERVICES

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SELLERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR EQUIPMENT (DEFINED BELOW) AND BUYERS (DEFINED BELOW) MAY LEARN ABOUT AND PURCHASE EQUIPMENT. YOU UNDERSTAND AND AGREE THAT ASSETA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SELLERS AND BUYERS, NOR IS ASSETA AN EQUIPMENT BROKER, AGENT OR INSURER. ASSETA HAS NO CONTROL OVER THE CONDUCT OF SELLERS, BUYERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY EQUIPMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity

3. PAYMENT; TITLE TRANSFER; TAXES

Once the Buyer submits Purchase Price to Asseta, we will pay Seller the Purchase Price net our Transaction Fee (defined below). Seller will make Equipment available to Buyer, or its appointed representative(s) within five days of receipt of Purchase Price. Seller represents the right to sell Equipment and is capable of transferring title free and clear of any encumbrances or liens.

Buyer will be responsible for, and will indemnify and hold Asseta harmless from payment of, all taxes, fees, duties and other governmental charges, and any related penalties and interest, arising from the purchase of Equipment by and to the Buyer. Buyer will provide Seller with a valid sale and use tax exemption certificate to the extent applicable.

Sale PriceTransaction Fee
First $50,000 10.0%
$50,001 - $100,000 7.5%
Over $100,000 5.0%

i.e. If Purchase Price equals $75,000 our Transaction Fee equals $6,875, [$50,000 * 10%] + [$25,000 * 7.5%].

4. TRANSACTIONAL SUPPORT

Any decontamination, de-installation, rigging, crating and shipping will be agreed upon between Buyer and Seller. Buyer and Seller will determine transactional support responsibilities, which will be deemed accepted upon Asseta’s receipt of Purchase Price.

5. EXPORT

You will comply with all applicable export and import control laws and regulations in its use of Equipment and, in particular, you will not export or re-export Equipment or any technical data or proprietary information derived from or pertaining to Equipment without all required United States and foreign government licenses. You will indemnify ASSETA, INC. and hold it harmless from any breach by you of this Clause. You also will not use the Site and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Asseta does not permit Listings associated with certain countries due to U.S. embargo restrictions.

6. CIRCUMVENTION

YOU AGREE NOT TO CIRCUMVENT THE SITE AND SERVICES AND OFFER EQUIPMENT DIRECTLY TO MEMBERS OR BUYERS ONCE AN INQUIRY IS RECEIVED AND THE MEMBER’S OR BUYER’S INFORMATION HAS BEEN MADE AVAILABLE. IN THE EVENT A MEMBER OR BUYER PURCHASES ADDITIONAL EQUIPMENT, NOT RELATED TO THE INITIAL INQUIRY, BUT OTHERWISE FACILITATED BY SITE AND SERVICES, OUR TRANSACTION FEE APPLIES.

IN THE EVENT A MEMBER OR BUYER CONTACTS A SELLER, OR VICE VERSA, OUTSIDE THE SITE AND SERVICES, NOT PERTAINING TO AN ORIGINAL OR PENDING INQUIRY AND A TRANSACTION IS COMPLETED WITHOUT THE USE OF SITE AND SERVICES, OUR TRANSACTION FEE WILL NOT BE CHARGED.

IF AN INQUIRY IS MADE USING SITE AND SERVICES AND THE MEMBER HAS ALREADY RECEIVED THE SAME INQUIRY WITHOUT THE SITE AND SERVICES (HEREIN “DIRECT INQUIRY”), THE MEMBER SHALL NOTIFY ASSETA WITHIN 24 HOURS OF THE DIRECT INQUIRY AND OUR TRANSACTION FEE WILL NOT BE CHARGED.

7. INDEMNIFICATION

You agree to release, defend, indemnify, and hold Asseta and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) selling Equipment, (iii) creation of a Listing or (iv) the use, condition or purchase of Equipment by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a sale, purchase or use of Equipment.

8. RETURNS

Returns are not offered unless explicitly stated.

9. SHIPPING

Items will be shipped after 100% payment has been received, unless otherwise explicitly stated. Parts are typically shipped within one week of payment and can be shipped via FedEx, UPS or DHL (Overnight, 2 day, Standard Ground, etc.)

10. PRIVACY POLICY

Our Privacy Policy can be found here.