Introduction to Airfield Trader
Airfield Trader (Airfield Trader, we, or us), is a solutions provider for the sale of used airfield equipment, parts and other assets.
Except for certain sales in which Airfield Trader has purchased for its own account and is reselling Assets as a seller on the Site, or where Airfield Trader has expressly agreed in writing to act as an agent on behalf of a seller to sell on a consignment basis, Airfield Trader simply provides marketplace services and Airfield Trader does not own, sell or transfer title to the Assets. The actual contract for sale is directly between the buyer and the seller.
Unless otherwise noted in your Agreement, the below terms and conditions will apply to all sales of equipment and parts through the Marketplace. All references to "Equipment or Assets" in this Section shall refer to equipment that the Seller is listing for sale through Airfield Trader.
Any issues in use of our Site or our Services should be directed to Customer Service, as follows: firstname.lastname@example.org
Notice. Our resident agent for service of process is Team Eagle Ltd., whose address is 10 Trent Drive, Campbellford, Ontario, Canada K0L 1L0; Email: email@example.com.
Rules for use
- You must register on our Site and provide us a contact name, title, organization, and accurate and verifiable mailing and physical address, telephone number, email address, password and other requested information;
- You must be a real person, business or legal entity;
- If you are an individual, you must be at least eighteen (18) years of age and able to enter into a legal contract;
- If you are registering on behalf of a business or legal entity, you must have authority to enter into a legal contract on behalf of that business or legal entity;
- You may not copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from our Site or our Services;
- You may not transfer or otherwise provide your username and password to another third party without our consent; provided, however, a username and password for a business entity can be transferred among authorized employees of the same business entity;
- You may not engage in bribery, which Airfield Trader defines as giving or offering anything of value in exchange for any unfair economic advantage, and not receive from any employee of Airfield Trader anything of value in exchange for an unfair economic advantage;
- You must comply with all laws and regulations applicable to the purchase of the Assets and their later transport, use, resale or export; and
- You are responsible for all listings or purchases placed from your account
- You have no rights to display or use Airfield Trader tradenames, domain names, trademarks or service marks without our express written permission which Airfield Trader may withhold in our discretion.
- You acknowledge and agree that our Services, our Site and any software and information used in connection with our Site (Software) contain proprietary and confidential information protected by intellectual property and other laws. You further acknowledge and agree that any content on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Site (collectively, Listing Data). Airfield Trader owns all right, title and interest in, or have a valid sublicense in, all Listing Data.
- Airfield Trader may: (1) gather transaction data from sellers, buyers, including you, to improve its marketplaces and its Services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on the sale and purchase of Assets on the Site for Airfield Trader analytical and other business purposes; provided, however with either (1) or (2) that Airfield Trader will not identify you as the source of such information to any third party. In the event of a sale of a marketplace or its assets to a third-party purchaser, Airfield Trader may transfer Listing Data and information related to your account if you have purchased Assets on that marketplace. Listing Data includes all such transaction and aggregate transactional data.
Limitation on Liability
To the extent permitted by applicable law, Airfield Trader and Team Eagle (including our officers, directors, employees and agents) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys fees, intangible losses or any special, indirect, incidental, punitive or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Services or Site;
- Pricing, shipping or other guidance provided by us;
- Delays or disruptions in our Services or Site;
- Viruses or other malicious software obtained by accessing, or linking to, our Services or Site;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services or Site;
- Damage to your hardware device or other computer systems or software from using any of our Services or Site;
- A suspension or other action taken regarding your account;
- Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to these Buyer Terms, our Services or Site;
- Your inability to import or export Assets, or fines or costs incurred related to the import or export of Assets.
- Any act or omission of a third-party, including without limitation third-party sellers; or
- Any dispute between you and a third-party seller, including claims relating to Assets sold by such third-party seller on our Site.
You release Airfield Trader (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) from claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or connected with the above. Further, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Regardless of the previous paragraphs, if Airfield Trader is found to be liable for any reason, our liability to you or to any third party is limited to the price the Asset sold for on one of our marketplaces on our Site (including any applicable sales tax) and its original shipping costs.
Disclaimer of Third Party Content
While Airfield Trader may provide links to third party sites and services on our Site, they are provided to you solely for informational purposes. You agree that Airfield Trader is not responsible or liable for (a) the availability or accuracy of such sites, services or resources; (b) the content, advertising or products on or available from such sites or resources; or (c) the privacy policies and data collection, use or retention practices of such sites. The inclusion of any link on our Site does not imply that Airfield Trader endorse the linked site. You use such links solely at your own risk.
Communication & Notices
Electronic Communications. When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Airfield Trader will communicate with you by email or posting notices on our Site or through the other Services provided through our marketplace. You agree that all agreements, notices, disclosures and other communications that Airfield Trader provide to you electronically satisfy any legal requirement that such communications be in writing.
- Airfield Trader’s Services
1.1. Services of Airfield Trader. Under the terms of this Agreement, Airfield Trader offers you the use of the Marketplace, which functions as a platform on which you can list and advertise Airfield Equipment & Parts for sale to potential buyers. Each party is acting on its own behalf, and Airfield Trader is not a party to the subsequent binding obligation to sell/buy the Equipment that is entered into between you and the Buyer. Nor does Airfield Trader represent either party in the transaction that results from use of the Marketplaces.
1.2. Exclusivity/Commitment to Sell. 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 as permitted herein. By entering into this Agreement for use of the Marketplace, you hereby extend an irrevocable offer to sell the Equipment to a Buyer who commits to purchase Equipment at the price listed.
1.3. Conclusion of Purchase; Bill of Sale. After the Buyer has committed to purchase the Equipment the Buyer will be automatically accepted by you and a binding obligation to purchase and sell between you and Buyer is automatically created. All applicable terms and conditions of this Agreement shall apply to the Binding Obligation. Buyer and Seller will be notified of such Binding Obligation by an email or other notification that is generated automatically by the Marketplace.
1.4. No Guarantee on Proceeds. There is no guarantee as to the gross proceeds that may be realized from a listing on the Marketplace.
1.5. Equipment Availability. Subject to Airfield Trader'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 shipping 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, if applicable, to the Buyer no later than three business days after a Binding Obligation is created.
- Equipment Listings. You may not list goods that are illegal to use or possess under any applicable law, rule or regulation. Airfield Trader 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 (the "Listing Details"). You agree to fully, completely and accurately disclose to Airfield Trader 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.
4.1. Payment of Proceeds. Once a Binding Obligation is created between you and Buyer, Airfield Trader will generate an invoice that is issued to Buyer on your behalf. The Buyer is responsible for paying Airfield Trader the listed price for the Equipment upon creation of a Binding Obligation, and you hereby authorize Airfield Trader to facilitate receipt of your requested price. Further, you hereby grant Airfield Trader 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 Airfield Trader, any monies due to you (requested price), net of any commissions (included in the purchase price) due to Airfield Trader as detailed in this Agreement, shall be disbursed within 21 days after creation of a Binding Obligation and after the buyer has confirmed receipt of the equipment or Assets. You hereby consent to Airfield Trader'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 21 days following receipt of an invoice. You acknowledge that Buyers may fail to perform or pay on a timely basis and that Airfield Trader shall not have any liability to you for any act or omission of Buyers.
4.2. Taxes. Airfield Trader will be responsible for charging and paying any sales tax due from the buyer. If the buyer is sales tax exempt, they will be asked and must provide proof of exemption before the transaction is completed.
4.3. Title Transfer Fees; Lien Search Fees. For each unit of Equipment, unless otherwise specified, you will pay lien search fees, document administration fees, document administration fees will cover fees associated with title or registration documents.
- Your Options After Buyer Default. If the Buyer fails to pay in accordance with the Binding Obligation, 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 offer to sell to the Buyer after which you may elect any one of the following options:
5.1. Re‐list the Equipment. You may elect to relist the Equipment in a subsequent online listing within 30 days of the Buyer default without incurring an additional Listing Fee. In such case, these Terms continue to apply; or
5.2. Withdraw the Equipment. You may elect, without penalty, to withdraw the Equipment from listing on the Marketplace.
- Legal Disputes
6.1. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH AIRFIELD TRADER 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 AIRFIELD TRADER 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 AIRFIELD TRADER OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, Airfield Trader does so solely for your convenience.
LIST OF PROHIBITED ASSETS
- Products subject to recall;
- Products produced, manufactured or packaged by forced prison labor or child labor;
- Pornography in any form of media;
- Alcoholic beverages, cigars, cigarettes or tobacco products;
- Live animals or taxidermy;
- Grave or other funeral-related items;
- Charity fundraising activities;
- Used cosmetics;
- Credit or debit cards;
- Gift cards;
- Illegal and prescription drugs, illegal drug paraphernalia, and materials describing how to make illegal drugs;
- Embargoed Assets from prohibited countries currently listed by the U.S. Office of Foreign Assets Control;
- Government documents, government identifications, and government licenses;
- Human parts or human remains;
- Surveillance equipment (including but not limited to lock picking devices, wiretapping devices, telephone bugging devices);
- Event tickets;
- Lottery tickets;
- Mailing lists and personal consumer information;
- Manufacturer's coupons;
- Federal or state regulated medical devices;
- Plants (including live plants and seeds);
- Firewood or lumber (not including artificial or manufactured firelogs);
- Postage meters or stamps;
- Real estate;
- Stocks and other securities;
- Travel services;
- Products containing ingredients that are regulated by the U.S. Drug Enforcement Administration as a controlled substance or listed chemical;
- Textile fiber, fur or wool products misbranded or falsely or deceptively labelled or advertised under the Textile Fiber Products Identification Act, the Fur Protection Labelling Act, the Wool Products Labelling Act and the rules and regulations promulgated under such Acts; or
- Illegal products, illegal services, stolen or recalled products.
Airfield Trader reserves the right to review any and all listings and reserves the right to refuse and or remove any listing at its sole discretion