Terms and Conditions

Key Buyer Points: Buyer Agrees

1. to accept that all auction bids are binding and cannot be retracted.

2. to be liable for all Sales and Use Tax and/or provide an applicable Certificate of Exemption.

3. to pay a Transaction Fee as described in terms and Fees for each peice of purchased equipment.

4. to remit full payment for purchased equipment in the amount of the auction closing price, Sales Tax (where applicable) and the Transaction Fee by certified check from a Canadian bank or wire trashfer within three (3) business days after the auction closes (wire transferd required for buyers outside of Canada).  Upon receipt of full payment the buyer will be provided with the location of the equipment.

5. to remove the equipment from the Seller's premises no later than eight (8) business days after the auction closes and that after thirty (30) days the equipment may be deemed abandoned and re-sold.

6. to be responsible for all title registration, freight and transportation costs related to transporting from the equipment location.

7. that the constructive receipt of the equipment can occur prior to physical delivery of the equipment.

8. in order for a dispute to be considered, it must be submitted in writing within 24 hours of delivery and prior to constrctive receipt occurring.

9. that if buyer defaults they shall remit a Default Penalty to Waste Equipment Exchange Inc.

  Key Seller Points: Seller Agrees

1. to sell equipment consigned to a Featured Auction to the highest auction bidder who meets or exceeds Seller's Reserve Price, if there is one in place.

2. to be responsible for equipment until removed from Seller's location.

3. to maintain classified or consigned units in the same condition as documented in the listing details and/or inspection report.   

4.  to provide all lien information necessary to clear the title to Buyer.

5. to provide all title tranfer documentation and information for Buyer to register equipment.

6. to pay all commissions and fees according to the fee schedules set out by Waste Equipment Exchange Inc.

7. to make equipment available for transportation to Buyer, complete with ignition key, no later than one 91) business day after the auction.

8. to accept final payment equal to the auction closing price, less commissions and fees, within two (2) business days after constructive receipt of equipment by Buyer.

9. not to engage in shill bidding or have anyone else bid on Seller's behalf.

 

Waste Equipment Exchange Inc. web site currently located at www.wasteequipmentexchange.com (the "Waste Equipment Exchange Site" or "Site"), and services offered herein including without limitation the auction services in the Waste Equipment Exchange Standard Auctions ("Standard Auction") or Waste Equipment Exchange Private Auctions ("Private") or Waste Equipment Exchange Classified Ads ("Classified Listings") and collectively the "Services", "Auction", "Auctions" or "Classifieds" for equipment and other items (collectively "Equipment") are provided by Waste Equipment Exchange Inc. ("Waste Equipment Exchange" or "we") to you ("you" or "user") subject to the following terms and conditions set forth in this User Agreement (the "Agreement").  Acceptance of Terms.  Before you attempt to buy or sell any Equipment through the Services and/or begin participating in or using the Site, Waste Equipment Exchange requires that you read and accept the following Agreement.  BY CHECKING ON THE SPACE NEXT TO THE "ACCEPT TERMS AND CONDITIONS" TEXT, OR ENGAGE IN ANY ACTIVITY ON THE SITE, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL AGREEMENTS INCORPORATED BY REFERENCE.  If you choose not to accept this Agreement, please contact our client care department.  Amendment.  Waste Equipment Exchange may, at its sole discretion, change, modify, add or remove any portion of this Agreement, in whole or in part, from time to time and at any time without notice to you, by posting such changes to the Site.  Your continued use of the Site and the Services after such changes will constitute your agreement to such changed Agreement.  This Agreement was last revised July 5, 2010.

 

I.  Participation Requirements

Capacity to Contract.  These Services are available only to individuals or entities that can form legally binding contracts.  Without limiting the foregoing, neither minors in any jurisdiction nor individuals who have been suspended from the services may participate in Waste Equipment Exchange's Services.

Registration.  In order to participate in the Services, users must register with Waste Equipment Exchange by filling out a registration form and providing certain information to Waste Equipment Exchange.  When Waste Equipment Exchange has notified users that their registration form has been approved, such user shall become a "Registered User".  You agree that such information shall be kept current, complete and accurate.  Waste Equipment Exchange reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit your from particiipating in the Services.

Login ID, Password and Security.  During the registration process, you will select a login ID and password.  You are soley responsible in all respects for all use of and for protecting the confidentiality of your Login ID and Password.  You agree to notify Waste Equipment Exchange immediately of any unauthorized use of any Login ID or password or any other breach of security regarding the Services.

Waste Equipment Exchange's Relationship to Users.  In the Services, Waste Equipment Exchange is not party to any transaction relating to Equipment and Waste Equipment Exchange is only a venue for registered Sellers to list Equipment and for registered Buyers to make bids on such Equipment.  Waste Equipment Exchange is not party to, nor involved in, the transactions between Buyers and Sellers.  Waste Equipment Exchange has no control over the Sellers, Buyers or any aspects of the transactions.  From time to time, Waste Equipment Exchange may have the title to or possess Equipment on the Site.

Release.  In the event that you have a dispute with one or more users, you release Waste Equipment Exchange (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Control.  Waste Equipment Exchange cannot control the information provided by users which is made available through the Services.  Users may find other user's information to be offensive, harmful, inaccurate or deceptive.  Please use caution and common sense when using the Site.  Waste Equipment Exchange has no control over the quality, safety or legality of the Equipment listed, the truth or accuracy of the listings or any other information provided by the user about the Equipment.

Inspections.  If you choose to have your Equipment inspected, you agree to abide by the terms and conditions associated with Equipment Inspections in the Inspections Terms and Conditions which are hereby incorporated by reference and located at http://wasteequipmentexchange.com/enuuk/customPage/Inspection

II.  Listing Equipment for Auction

Consignment Agreement.  In order to auction your Equipment in a Featured Auction or a Private Auction, or in the Classifieds section, you agree to abide by the terms and conditions in the Auction Consignment Agreement which is hereby incorporated by reference and located at http://www.wasteequipmentexchange.com/enuuk/customPage/Auction

III.  Auctions

Auction Period.  The Auction period shall be determined by Waste Equipment Exchange.

Bidder Conduct.  You acknowledge and agree that once you have placed a bid, you may not retract the bid.  In addition, sale price manipulation of any kind, directly or indirectly, bu users is prohibited, including, but not limited to, bidding through a secondary account, agent or assigns on equipment that you are selling, by communicating with other Buyers and Sellers, or by shill bidding (Shill bidding is the act of bidding on your own auction against other bidders in order to raise the price at which your item will eventually sell.)

Binding Offer to Purchase.  If you are the highest bidder ("Buyer") at the end of a Featured Auction and have met the applicable opening bid, you are obligated to complete the transaction with the Seller unless the transaction is prohibited by law or by this Agreement.  If you are the highest bidder ("Buyer") at the end of a Private Auction and have met the applicable Reserve Price, if any, or if you accept a Second Chance Offer extended by the Seller, if any such offer is made, you are obligated to complete the transaction with the Seller unless the transaction is prohibited by law or by this Agreement.  Bidders agree that bidding on the Waste Equipment Exchange Site is the legal equivalent of a firm purchase order.

Notification of Assignment of Rights.  Waste Equipment Exchange hereby notifies prospective bidders/Buyers that the consigners of certain pieces of equipment have assigned to a qualified intermediary their rights, but not their obligations, under the consignment agreement.

Void Bids.  Waste Equipment Exchange reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the Auction process, or are prohibited by applicable law.

Winning Bids.  Waste Equipment Exchange is the one and only judge for the determination of winning bids, but Waste Equipment Exchange shall not be liable for any errors or omissions relating to such determination, whether by Waste Equipment Exchange or some other person.

Postponement and Cancellation.  Waste Equipment Exchange reserves the right to postpone or cancel any Featured Auction or Private Auction, or any sale resulting there from, in its own discretion, without notice.  Waste Equipment Exchange will have no liability to prospective bidders or Sellers as a result of any withdrawal, cancellation or postponement of Auctions or sales.

IV.  Fees, Commisons and Penalties

Waste Equipment Exchange's fees and commisions for Sellers are available at http://www.wasteequipmentexchange.com/enuuk/customPage/fees and hereby incorporated by reference.  Fees for Buyers are located at www.wasteequipmentexchange.com/buy/buy_fees.jsp.  Waste Equipment Exchange may change its fees, payments and commisions from time to time, but no such change shall apply retroactively to equipment already listed for an Auction or classified ad.

V.  Completion of Transactions

Liability of Equipment.  The Equipment shall be and remain at the risk of the Seller (and not Waste Equipment Exchange) until the Equipment is removed from the equipment location by the Buyer or the Buyer's designated transportation provider.  The Equipment shall be and remain at risk of the Buyer and/or the Buyer's designated transportation provider (and not Waste Equipment Exchange) while in transport.  The Equipment shall be and remain at risk of the Buyer once delivered to the designated location.

Sales and Use Tax.  All bids and offers must be net of any taxes imposed with respect to the sale or purchase transaction.  Buyers are liablefor all such taxes or for establishing to Waste Equipment Exchange's satisfaction on behalf of the Seller a valid exeption certificate from such taxes.  Buyers and Sellers acknowledge and agree that Waste Equipment Exchange is providing a service in calculation, reporting and remittance of sales or use taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with your use of the Service.  Each Buyer shall idemnify Waste Equipment Exchange against any tax, cost or expense relating to the failure of the Buyer to satisfy any sales or use tax liability related to a transaction.  Each Seller shall idemnify Waste Equipment Exchange against any tax, cost or expense relating to the failure of the Seller to satisfy any sales or use tax liability related to a transaction within their jurisdiction.

Payment and Payment Schedule.  Full payment from the winning bidder in the amount of the auction closing price, applicable sales taxe and the Transaction Fee must post to a secure payment account designated by Waste Equipment Exchange within three (3) business days after the close of the Auction for the piece of Equipment.  Buyers from the United States must send all payments via wire transfer.  Buyers from within Canada may send payments via wire transfer or certified cheque.

Buyer Default.  If, after five (5) business days after the close of the Auction for the piece of Equipment, the Buyer does not make full payment in accordance with the payment schedule and terms set forth above, the Buyers is considered in default and shall be subject to a Default Penalty which is set forth on the Waste Equipment Exchange Site.  In addition, the Buyer will be barred from further use of the Waste Equipment Exchange Site until the Default Penalty is paid.

Buyer Removal of Equipment.  Buyers are responsible for loading and shipping the Equipment for transportation, unless otherwise noted in the Equipment listing.  Seller agrees to have the Equipment available for transportation, complete with ignition key, to the Buyer no later than one (1) business day after the conclusion of the auction for the piece of Equipment.  Buyer may remove the Equipment from the Seller's location once the total purchase price (and any applicable sales tax and the Transaction Fee) has been received by and posted to a secure payment account designated by Waste Equipment Exchange.  If a Buyer has not removed the Equipment from the Seller's location within ten (10) business days after the close of the Auction for the piece of Equipment, the Buyer will be responsible for directly paying the Seller any and all storage fees if levied by the Seller.

Notice to Buyer.  Seller, consistent with Ontario law, may deem Buyer's failure to claim property within thirty (30) days following a final sales transaction to be evidence of Buyer's intent to abandon property.  Where Buyer fails to claim property within thrity (30) days following a final sales transaction, Seller may take action that is adverse to Buyer's interest in property through Waste Equipment Exchange which will remit proceeds to the abandoning Buyer, net of actual and reasonable costs to include twenty-five (25%) percent commission.

Freight and Transportation.  The Buyer is responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location, including but not limited to any costs associated with certificates and/or permits required to move the Equipment within or across state, province or country borders.    Buyers are advised to have all such certificates and permits issued and completed prior to transporting the Equipment; otherwise Buyer may be subject to cleaning, permit, and/or other fees if the Equipment is stopped and held at a Port of Entry to a state, province or country.  Buyers may arrange transportation of Equipment on the Waste Equipment Exchange Site through a third party, but Waste Equipment Exchange will not be liable for any acts or omissions arising from such third party transportation and claims no responsibility for the actionsof any transportation provider.  All Buyers, regardless of their chosen transportation arrangement, must submit delivery and carrier selection information to the Waste Equipment Exchange Site prior to picking-up the Equipment in order to generate equipment release documents.  Buyers may not transport the Equipment until full payment (including any applicable sales tax and the Transaction Fee) has been received by and posted to a secure payment account designated by Waste Equipment Exchange.

Constructive Receipt.  Once Constructive Receipt has occurred for any given piece of Equipment, remittance of proceeds to the Seller may occur.  Any dispute subsequently filed by the Buyer are invalid.

Remittance of Proceeds to Seller.  Waste Equipment Exchange shall remit the total purchase price less any commission or fees to Seller for such Equipment within fifteen (15) business days of the Buyer's receipt of any title documents (if applicable) and Cunstructive Receipt of Equipment by the Buyer.  Payments will be made by either electronic wire transfer or cheque (subject to additional fees for overnight courier).

Ownership Certification, Verification and Lien Searches.  Sellers are responsible for providing lien-free Equipment to Waste Equipment Exchange's marketplace Service.  In its sole discretion, Waste Equipment Exchange may carry out title and lien searches to investigate the existence of filed financing statements on the Equipment that may compromise assignment of the Equipment to a new Buyer.  Waste Equipment Exchange may charge the Seller a lien fee for this verification.  If the Seller fails to remove any lien, encumberance or adverse claim on or to any Equipment sold by it or fails to perform or comply with any other of its agreements contained in this Agreement, Waste Equipment Exchange may at its sole discretion remove such lien, encumberance or adverse claim using Seller proceeds or refund to the Buyer a portion or all of the purchase price of the Equipment (less any fees) and cancel the transaction.  The Seller shall pay Waste Equipment Exchange upon demand all of Waste Equipment Exchange's expenses and payments incurred in the connection with any removal of liens or the performance thereof, as the case may be, together with interest thereon at the rate of 26% per annum compunded daily.  No such payment or performance by Waste Equipment Exchange shall be deemed to waive breach by the Seller, or relieve the Seller, of its obligations under this Agreement.

Removal of Penalty Prior to Owner Auction Close - Reserve not met.  If, for any reason, the Seller withdraws a piece of Equipment listed in a Standard Auction from the Waste Equipment Exchange Site after the time of Equipment Listing but before either the reserve is met or the auction closes, the Seller agrees to pay Waste Equipment Exchange a removal fee equivalent to the greater of (i) 5% of the Reseve Price (as set by the Seller) or (ii) $150 ("Removal Penalty Prior to Auction Close").  If, for any reason prior to the auction close, Waste Equipment Exchange removes the Equipment from a Standard Auction due to the Seller's violation of the Auction Consignment Agreement, the Seller agrees to pay Waste Equipment Exchange the Removal Penalty Prior to the Auction Close.

Default Penalty Owner Auction - Reserve met.  If, for any reason, the Seller withdraws a piece of Equipment (or casues Waste Equipment Exchange to withdraw their Equipment in violation of the Seller Consignment Auction Agreement) listed in a Private Auction after the Seller Reserve Price is met, the Seller agrees to pay Waste Equipment Exchange a Default Penalty ("Seller Default Penalty") equivalent to the Commission Fee of the winning auction closing price as if the Equipment were sold, as well as the Listing Fee.

Adjudication of Equipment Dispute.  Waste Equipment Exchange will be soley responsible for the review and adjudication of any dispute.  All determinations made by Waste Equipment Exchange shall be final.

VI.  Disclaimer; Limitation of Liability; Indemnity

Disclaimer.  THE EQUIPMENT, SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICE (INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT), ARE PROVIDED ON AN "AS IS", "AS IS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WASTE EQUIPMENT EXCHANGE DOES NOT WARRANT THAT THE EQUIPMENT, SERVICE OR THE FUNCTIONS, FEATURES OR CONTENT INCLUDING THE INSPECTION REPORT CONTAINED THEREIN OR IN THE SITE WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WASTE EQUIPMENT EXCHANGE AND SELLER MAKE NO WARRANTY THAT THE EQUIPMENT, SITE OR SERVICE WILL MEET BUYERS/USER'S REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING EQUIPMENT ON THE SERVICE OR SITE, THE LISTED EQUIPMENT WILL BE SOLD OR WILL BE SUITABLE FOR ANY PURPOSE.  IF YOU ARE DISSASTIFIED WITH THE SITE OR ANY SERVICES ON THE SITE, YORU SOLE REMEMDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.  WASTE EQUIPMENT EXCHANGE MAKES NO WARRANTY REGARDING ANY EQUIPMENT OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WASTE EQUIPMENT EXCHANGE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HERIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.  WASTE EQUIPMENT EXCHANGE EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY EQUIPMENT SOLD ON OR THROUGH THE SERVICE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.

Limitation of Liability.  IN NO EVENT SHALL WASTE QUIPMENT EXCHANGE NOR SELLER BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT OR (B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY.  IN ADDITION, IN NO EVENT SHALL WASTE EQUIPMENT EXCHANGE OR SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE OR ITS CONTENT INCLUDING WITHOUT LIMITATION THE INSPECTION REPORT AND MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WASTE EQUIPMENT EXCHANGE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE TOTAL LIABILITY OF WASTE EQUIPMENT EXCHANGE  TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICE EXCEED, IN THE AGGREGATE, $100.00.

Indemnity.  You agree to defend, indemnify and hold harmless Waste Equipment Exchange, its officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by you in this Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.

VII.  General Provisions Eligibility

Only Registers Users are eligible to participate in Waste Equipment Exchange's Services.

Prices.  All prices are listed according to their value in CDN dollars.

Taxes.  Buyers, if applicable, are responsible for providing Waste Equipment Exchange valid exemption certificates for each transaction processed though the marketplace Service.  buyers that do not provide valid exemption certificates in a timely manner will have the sales and use taxes assessed and remitted to the appropriate taxing authorities.  Buyers and Sellers acknowledge and agree that Waste Equipment Exchange is providing a service in the calculation, reporting or remittance of sales and use taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with your use of our marketplace.  You acknowledge and agree that while the bidder is primarily liable for sales and use taxes due with respect to transactions and Seller is secondarily liable for such taxes, you jointly and severally agree to indemnify Waste Equipment Exchange for the calculation, collection and remittance of any applicable taxes or other expenses which may be incurred or assessed in connection with your use of the Service and the sale of such Equipment.

No Price Manipulation.  You may not manipulate the price of any listed Equipment by any means, including but not limited to using secondary accounts, colluding with third parties, or bidding on yoru own Equipment.  You may not use an alias to place bids on any Equipment you are selling, either directly or indirectly for any reason.

Arbitration.  YOU AGREE TO MEDIATE AND ARBITRATE ANY DISPUTE OR CLAIM BETWEEN OR AMONG YOU AND ANY OTHER REGISTERED USER OR WASTE EQUIPMENT EXCHANGE ARISING OUT OF OR RELATING TO THE AGREEMENTS, ANY SALE OF EQUIPMENT, ANY INSPECTION REPORT OR ANY OTHER TRANSACTION CONTEMPLATED BY THE AGREEMENTS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT AND TORT CLAIMS, STATUTORY CLAIMS, CLAIMS FOR RELIEF WHETHER EQUITABLE OR LEGAL, ISSUES OF ARBITRABILITY, AND DISPUTES ABOUT THE SCOPE OF THIS CLAUSE.  DISPUTE RESOLUTION SHALL BE CONDUCTED PURSUANT TO THE FOLLOWING PROCEDURES, BEFORE INITIATING ANY ARBITRATION, THE PARTIES SHALL ENGAGE IN MEDIATION, WHICH IS THE PROCESS IN WHICH PARTIES ATTEMPT TO CONFIDENTIALLY RESOLVE ANY DISPUTE BY SUBMITTING IT TO AN IMPARTIAL, NEUTRAL MEDIATOR WHO IS AUTHORIZED TO FACILITATE THE RESOLUTION OF THE DISPUTE BUT WHO IS NOT EMPOWERED TO IMPOSE A SETTLEMENT.  MEDIATION SHALL BE CONDUCTED IN ONTARIO CANADA, BY A MEDIATOR AGREED TO BY THE PARTIES.  SHOULD MEDIATION PROVE UNSUCCESSFUL TO RESOLVE THE DISPUTE, AND WITHIN ONE YEAR OF THE DISPUTE ARISING, A PARTY SHALL MAKE A DEMAND FOR ARBITRATION.  THE PARTIES SHALL RESOLVE THE DISPUTE THROUGH A FINAL AND BINDING ARBITRATION TO BE CONDUCTED PURSUANT TO THE COMMERCIAL ARBITRAION RULES OF ONTARIO PROVINCIAL LAW.  ARBITRATION SHALL BE CONDUCTED IN ONTARIO CANADA.  THE PROCEDURAL AND SUBSTANTIVE LAW TO BE APPLIED TO AND IN THE ARBITRATION SHALL BE THE LAW OF THE PROVINCE OF ONTARIO.  THE PARTIES SHALL AGREE ON A SINGLE NEUTRAL ARBITRATOR WHO IS A RETIRED JUDGE.  THE ARBITRATOR SHALL BE BOUND TO APPLY THE LAW, INCLUDING THE RULES OF EVIDENCE, AND SHALL BE EMPOWERED TO HEAR AND DETERMINE DISPOSITIVE MOTIONS INCLUDING MOTIONS TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT.  THE PARTIES SHALL HAVE THE RIGHT TO CONDUCT TWO DEPOSITIONS OF EACH OPPOSING PARTY.  THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE INJUNCTIONS AND ATTACHMENTS AND OTHER EQUITABLE REMEDIES AND AWARD COMPENSATORY DAMAGES.  THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CONSEQUENTIAL, PUNITIVE OR TREBLE DAMAGES, OR ANY OTHER MANNER OF ENHANCED DAMAGES.  THE PREVAILING PARTY IN ANY ARBITRATION SHALL HAVE THE RIGHT TO AN AWARD OF ATTORNEY'S FEES AND COSTS.  THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND ANY PARTY DISPUTE MAY SEEK TO CONFIRM THE AWARD OF THE ARBITRATOR IN ANY PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION IN ONTARIO, CANADA AND ENFORCE THE AWARD AS A JUDGEMENT.  EXCEPT FOR THE FILING OF A JUDICIAL ACTION TO CONFIRM, MODIFY, VACATE, OR ENFORCE AN ARBITRATOR'S AWARD, INCLUDING THE AWARD OF AN INJUNCTION OR ATTACHMENT, WHICH FILING IS PERMISSIBLE, ANY PARTY WHO INITIATES LITIGATION, OR WHO INITIATES ARBITRATION WITHOUT FIRST MEDIATING A DISPUTE, SHALL FORFEIT ANY AND ALL RIGHT TO ATTORNEY'S FEES AND COSTS AS THE PREVAILING PARTY, AND SHALL REIMBURSE ANY OTHER PARTY TO THE LITIGATION FOR THEIR COSTS OF LITIGATION INCLUDING ATTORNEYS' FEES AND COSTS.

Third Party Links.  Where Waste Euqipment Exchange provides links to third party Internet sites, no representations or endorsements are made in connection with such sites.  Waste Equipment Exchange is not liable for any damages or injury arising from the use of such sites.

Modification and Availability.  Waste Equipment Exchange may, at any time, delete modify or supplement the content of this Site without prior notice.  Waste Equipment Exchange reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Service, including, but not limited to, content, features or hours of availability.  Waste Equipment Exchange may also impose limits on certain features of the Service or restrict your access to part or all of the Site or the Service without notice or penalty.

Monitoring.  You agree that Waste Equipment Exchange has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and the Service.  Waste Equipment Exchange reserves the right at all times to edit, disclose or refuse to post any material or information or request removal for remove any material or information from the Site.

Access and Interference.  You agree that you will not use any automatic device or manual process to monitor or copy Waste Equipment Exchange's web pages or content contained therin.  You agree that you will not use any device, software or routine to interfere or attempt to intertfere with the proper working of the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Waste Equipment Exchange's infrastructure.

Service Integrity.  Waste Equipment Exchange makes reasonable commercial efforts to make its Service and Site available at all times.  However, Waste Equipment Exchange is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an auction or sale.

Termination.  This Agreement constitutes a legally binding agreement between you and Waste Equipment Exchange until terminated by you or Waste Equipment Exchange, which Waste Equipment Exchange may do at any time, without notice, at Waste Equipment Exchange's sole discretion.  If you become dissatisfied with the Service or the Site, in any way, your only recourse is to immediately discontinue use of the Service and pay any required Removal Fee, if applicable.

Jurisdiction.  The laws of the Province of Ontario shall govern this Agreement.

Copyright and Trademarks.  the trademarks, trade names, designs and all material contained on this Site, including all portions of the web site, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Waste Equipment Exchange or its licensors.  The use of any such proprty for any other reason, on any other web site, or modification, distribution or republication of this material without prior written permission from Waste Equipment Exchange is strictly prohibited.

Survival.  If any provision in this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.  The failure by either you or Waste Equipment Exchange to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision.  you agree that any cause of action arising out of or related to the Service or this Agreement must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.  This Agreement comprises the entire agreement between you and Waste Equipment Exchange and supersedes all prior agreements between the parties, regarding the subject matter contained herein.  All provisions in this Agreement regarding the representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.

Privacy.  Waste Equipment Exchange's Privacy Statement, located at http://www.wasteequipmentexchange.com/main/privacy.jsp is hereby incorporated for reference.

Entire Agreement.  These terms set out the entire understanding between Waste Equipment Exchange and customers, users, Sellers, and bidders with respect to the use of this Site.  No other terms, whether express or implied, shall apply unless specifically incorporated by reference herein.

 

Last updated on : 15/07/2010