Term Of Use

Welcome to ScrapMarketPlace.com / Scrap Marketplace / Scrap Marketplace Holdings LLC / Scrap Marketplace Website / ScrapMarketplace Apps (Individually and Collectively known as Scrap Marketplace). Scrap Marketplace Holdings LLC a Limited Liability Company Incorporated in the state of Florida, United States of America - owns and operates Scrap Marketplace.

Introduction

By using Scrap Marketplace you are agreeing to our Privacy Policy (defined below), Terms and Conditions as well as Terms of Use and any other information, documents available on www.scrapmarketplace.com/legal or sent to you as part of Scrap Marketplace Welcome Email sent upon Registration. You also agree to that you will visit the Scrap Marketplace Legal page at www.scrapmarketplace.com/legal frequently to get familiar with any updates that might be made. The Privacy Policy, together with Terms and Conditions, Terms of Use plus any other terms included herein or incorporated herein by reference, are collectively known as “Terms and Conditions”.

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE, TERMS AND CONDITIONS, PRIVACY POLICY, USER TERMS AND TRANSACTION SPECIFIC TERMS WILL BE BINDING UPON ANYONE USING SCRAPMARKETPLACE.COM, ITS PRODUCTS, AND SERVICES. The term "USING" also includes any entity or person(s) that accesses or uses Scrap Marketplace with robots, automated computer codes, crawlers, robots, extraction or data mining tools or shares login information with any employees or affiliates, with or without permission. Please Contact Us if you have any questions or concerns. If you disagree with any aspect of applicable Terms and Conditions or Privacy Policy please stop using Scrap Marketplace immediately.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scrap Marketplace without restriction. Any attempted transfer or assignment in violation hereof shall be considered null and invalid.

B) GENERAL TERMS OF USE

These terms of use apply to all Users regardless of their role, actions and frequency of use.

• To access, register for and use Scrap Marketplace in any way, you must be at least 18 years or reached age of maturity in the country of your residence. By using Scrap Marketplace - you warrant and represent to us that you are at least 18 years of age or reached age of maturity in the country of your residence.
• Scrap Marketplace is owned and operated by Scrap Marketplace Holdings LLC and is currently hosted with a large USA based web hosting company. Scrap Marketplace reserves the right to modify or discontinue, temporarily or permanently, and at any time, with or without notice – any or all of the services it offers. You agree that Scrap Marketplace will NOT be liable in any way or fashion, to you or to any third party for any outage, discontinuation, modification or suspension of allor part of its Services.
• Scrap Marketplace reserves the right to modify Terms and Conditions at any time. Any change to these Terms will be updated on ScrapMarketplace.com and you agree to be bound to any such changes when you use or continue to use Scrap Marketplace.
• Occasionally there may be information on the Website or within the Website Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Website management reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
• When you register an account on the Website and/or upload, submit, enter any information or material to the Website or use any of the Website Services, you shall be deemed to have agreed to and understand the Terms.
• The Bidding Start and End Time for each Listing will be specified on the respective listing page. Scrap Marketplace will not be able to accept any Bid or Offer after the respective listing has ended. In some cases, Scrap Marketplace may decide to extend the duration of a particular listing. Revised duration of extended listing will be mentioned on respective listing page. Scrap Marketplace is not obligated to specifically notify Buyers / Sellers / Bidders of any such extensions.
• The products listed on scrap marketplace unless otherwise set forth in the contract between buyer and seller, are to be sold on an "as is", "as available" basis. to the extent permissible by applicable law, scrap marketplace disclaims all representations and warranties of any kind, express or implied, as to the operation, accessibility or security of this site, and the accuracy, completeness, timeliness or reliability of any of the content or data found on the site including, but not limited to, implied warranties of sellability, usability, merchantability, fitness for a particular purpose, and non-infringement. scrap marketplace does not warrant that the site or the functions, features or content on the site will always be available, accessible, uninterrupted, secure or operate without error. Scrap marketplace expressly disclaims any responsibility for any misrepresentations or breaches committed by any buyer or seller.
• To the extent permissible under applicable law, scrap marketplace assumes no responsibility, and in no event shall scrap marketplace be liable for, any injury, loss, claim, damage, lost profits or any special, incidental, indirect, consequential or punitive damages of any kind arising out of the sale of any products listed on this site or in connection with buyers or sellers access to, use of, or browsing in this site or from downloading of any materials, data, or content from the site.
• If, notwithstanding the foregoing, scrap marketplace or any seller should be found liable for any loss or damage (whether in contract or tort) which arises out of or is in any way connected with these terms or the use of the site, the liability of scrap marketplace shall in no event exceed the commission paid to scrap marketplace with respect to the particular transaction giving rise to such liability.
• 10. SCRAP MARKETPLACE is not a traditional broker or auctioneer. SCRAP MARKETPLACE is not involved in creating the actual contractual transaction between a Buyer and Seller. SCRAP MARKETPLACE is neither an agent, partner, nor joint venture partner of any Buyer or Seller. SCRAP MARKETPLACE does not take title to Products at any point of time in a transaction between a Buyer and Seller. SCRAP MARKETPLACE has no control over the quality, safety or legality of the Products, the truth or accuracy of the Listing Description, the ability of a Seller to sell Products or the ability of a Buyer to buy Products. SCRAP MARKETPLACE is also not a principal or participant of the underlying transaction between Buyer and Seller.
• 11. For any Scrap \ Material \ Item \ Lot for Sale usingSCRAP MARKETPLACE– Seller will pay SCRAP MARKETPLACE a performance-based Commission or Service Fees. Such fees vary on the basis of level of service, product, industry, estimated $ value and other factors. Scrap Marketplace fees will be discussed and agreed with Seller before respective listing is activated for bidding on Scrap Marketplace
• 12. For all transactions completed through Scrap Marketplace, Buyers and Sellers are responsible for determining whether any taxes (including but not limited to GST, VAT, Sales, Use, Transfer, Ad Valorem) apply. All listings, prices, bids, bid increments mentioned on or in connection with Scrap Marketplace transactions exclude any applicable taxes. Scrap Marketplace cannot and will not collect or deposit any taxes on behalf of Buyer, Seller or any taxing authority. Buyers are Sellers understand and are required to research applicable tax obligations and comply with their respective obligations directly with such tax authorities. If any such taxes are applicable, it is the obligation of the Seller to disclose those in the Listing Description.
• 13. Buyers and Sellers agree to not use Scrap Marketplace or any content contained in it for any illegal or inappropriate activities, which include harassing or bribing others, misappropriating or copying the contents of this Site or any listing, or selling non-existent, fraudulent or counterfeit Products.
• 14. Sale price manipulation of any kind by Users is strictly prohibited, including, without limitation, bidding through a secondary account or other party, by communicating with any other Buyer, or by shill bidding.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD IMMEDIATELY STOP USE OF SCRAP MARKETPLACE

C) BUYER TERMS OF USE

• Any Registered User trying to or actually entering bid or offer against any Scrap \ Material \ Item \ Lot for Sale on Scrap Marketplace will be considered “BUYER”.
• Before any “Buyer” (or prospective Buyer) enters any bid or offer – Buyer should have clear intent, legal authority, necessary clearancesand funds to Buy the Scrap \ Material \ Item \ Lot for Sale he \ she intends to Bid On.
• Buyers understand and agree that Bids cannot be retracted and are binding subject to applicable legal provisions and terms.
• Buyers understand and agree that they will be obligated to wire funds in US$ (United States Dollars) to Scrap Marketplace Escrow accounts in USA within 3 business days of being notified of the selection of their bid. Failure to do some could lead to poor User Rating, limit or suspension of privileges on Scrap Marketplace and other legal actions allowed by law.
• Buyer agrees to use all reasonable efforts to review and understand the description, details, terms, condition etc. provided for Scrap \ Material \ Item \ Lot for Sale - he \ she intends to Bid On. Buyers are encouraged to contact Scrap Marketplace in case of any questions or doubts.
• Buyer agrees to clearly enter all relevant and applicable ‘Comments’ as part of their bid at the time of Bidding.
• Scrap Marketplace reserves the right to reject any Bid from any Buyer for Scrap \ Material \ Item \ Lot posted for Sale on Scrap Marketplace.
• 8. Special Services: Scrap Marketplace might provide special services including but not limited to pre-bid inspection, in-person visits, loading, transportation. Cost for such services will be incremental to the performance-based Fees or Commissions. Scrap Marketplace will disclose incremental costs for such special services to Buyers prior to rendering such services. Buyers will be obligated to pay Scrap Marketplace for such services in advance and regardless of the outcome of the Buy \ Sale transaction.
• 9. BUYERshall not, without the express advance written consent of Scrap Marketplace, directly or indirectly, on its own or through any intermediary or intermediaries, enter into direct or indirect negotiations, arrangements, agreements, transactions, or other business dealings of any type directly or indirectly with theSELLER of Scrap \ Material \ Item \ Lot for Sale listed on Scrap Marketplace. Such restrictions apply for a period of 2 Years from the last use of Scrap Marketplace by the Buyer. Scrap Marketplace also reserves the right to pursue all legal remedies in case Buyer circumvents Scrap Marketplace and tries to enter into any direct or indirect transaction or arrangement with Seller without involving Scrap Marketplace

D) SELLER TERMS OF USE

• Any Registered User trying to or actually posting any Scrap \ Material \ Item \ Lot for Sale on Scrap Marketplace will be considered “SELLER”
• Any “Seller (or prospective seller) must have the legal authority to sell the Products it lists for sale on Scrap Marketplace, free and clear of any liens, claims or other encumbrances.
• Seller agrees to use all reasonable efforts to supply accurate information for each listing of Products, including quantity and condition of the material being offered. Scrap Marketplace will have no responsibility for the accuracy of description or any other details related to Listings.
• Seller agrees to provide pictures that actually belong to specific Scrap \ Material \ Item \ Lot being listed for sale and show the current and accurate condition of the such Scrap Lot.
• Seller agrees to use all reasonable efforts to supply accurate information about all details (including without limitation, proposed terms, details, loading options, transportation etc.) related to specific Scrap \ Material \ Item \ Lot being listed for sale.
• In some cases, Scrap Marketplace representative might suggest or make changes to listing description or details to correct potential grammar mistakes or make them clearer. Seller will be responsible for reviewing and reviewing any such changes to listing as requested by Scrap Marketplace Representative. In case Seller finds any errors, discrepancies related to their For-Sale Listing, they will be responsible for notifying Scrap Marketplace representative as soon as they notice such errors
• Scrap Marketplace reserves the right to reject any Scrap \ Material \ Item \ Lot from posting on the Site.
• Any transfer costs, load-out requirements, resale restrictions, taxes, fees or special conditions demanded by the Seller must be clearly stated in the Listing Description at the time of submission.
• transactions
• Scrap Marketplace will act as the facilitator of the transactions between Buyer and Seller. For contractual purposes, terms of any sale of Scrap \ Material \ Item \ Lot are strictly between the Buyer and the Seller, the enforcement of any restrictions will effectively be agreed between the Seller and Buyer.
• After any Scrap Marketplace auction begins, the Seller may not be allowed to update or modify the Listing Description without Scrap Marketplace approval. After any bid is received against any Listing, technical limitations might prevent Seller and Scrap Marketplace from making any updates.
• Seller agrees that payments will be made by selected Buyer to Scrap Marketplace. Scrap Marketplace will hold such funds in escrow until Seller fulfills all applicable \ agreed obligations towards Scrap Marketplace and Buyer(s) including but not limited to delivery, loading, packaging title transfer, invoicing, bill of sale, other applicable documentation etc. per agreed terms.
• Seller agrees to receiving payments from Scrap Marketplace excluding agreed fees payable to Scrap Marketplace for its services. Such payment (excluding Scrap Marketplace fees) will be considered settlement of sale transaction between Seller and Buyer per agreed terms.
• Special Services: Scrap Marketplace might provide special services including but not limited to pre-bid inspection, in-person visits, loading, transportation. Cost for such services will be incremental to the performance-based Fees or Commissions. Scrap Marketplace will disclose incremental costs for such special services to Sellers prior to rendering such services. Sellers will be obligated to pay Scrap Marketplace for such services in advance and regardless of the outcome of the Buy \ Sale transaction.
• SELLER shall not, without the express advance written consent of Scrap Marketplace, directly or indirectly, on its own or through any intermediary or intermediaries, enter into direct or indirect negotiations, arrangements, agreements, transactions, or other business dealings of any type directly or indirectly with the BUYER of Scrap \ Material \ Item \ Lot for Sale listed on Scrap Marketplace. Such restrictions apply for a period of 2 Years from the last use of Scrap Marketplace by the Seller. Scrap Marketplace also reserves the right to pursue all legal remedies in case Seller circumvents Scrap Marketplace and tries to enter into any direct or indirect transaction or arrangement with Buyer without involving Scrap Marketplace.

E) INDEMNIFICATION

Buyer and Seller shall indemnify, defend and hold harmless SCRAP MARKETPLACE, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), brought by or on behalf of any third party against SCRAP MARKETPLACE that arises out of (a) any breach or violation of these Terms, (b) any dispute with another Site User relating to the purchase or sale of Scrap \ Material \ Item \ Lotthrough Scrap Marketplace, or (c) any personal injury, death or property damage caused by or arising out of the subsequent use of the Scrap \ Material \ Item \ Lot through Scrap Marketplace.