Terms and Conditions of Buying and Selling Through Coffee Equipment Pros

NEW EQUIPMENT PURCHASES
Coffee Equipment Pros is a broker and distributor of coffee roastery equipment. We advertise, market, represent, and sell coffee roastery equipment, working closely with our manufacturer relationships to fulfill sales orders expeditiously and transparently to and for our buyers.


WARRANTIES
All new equipment listed, represented, and sold on our sales platform, www.coffeeequipmentpros.com, carry a manufacturer warranty and service recovery policy facilitated and backed by the manufacturer. Coffee Equipment Pros does NOT warranty or guarantee (express or implied) any new equipment sold. Coffee Equipment Pros does not endorse our manufacturer's designs or performance and does not assume any responsibility thereto.


USED EQUIPMENT PURCHASES
All used equipment listed and sold through Coffee Equipment Pros is in “AS-IS, WHERE-IS” condition and all sales are final. Coffee Equipment Pros does not offer any warranty (express or implied) regarding used equipment. No refunds or returns after buyer and seller sign the purchase and sales agreements. Coffee Equipment Pros recommends and encourages in-person inspection by buyers of all used equipment prior to purchase. If buyer chooses to NOT do an in-person inspection, it will be noted on the final purchase agreement that an in-person inspection was offered and declined, and that photos, and video(s) if applicable, available to the buyer before the sale are deemed to be sufficient evidence to the buyer of the equipment’s condition at the time of sale.  It is the buyer’s sole responsibility to do due diligence regarding the equipment’s condition, usability, limitations, and any other matter relating to the used equipment.


RETURNS
All used equipment sales are FINAL. No returns are allowed, and no refunds are given. All buyers who purchase used equipment sold through Coffee Equipment Pros are given the option to purchase a Coffee Equipment Pros Tek-Pak, which is a qualified technician supported assurance agreement for the used equipment installation and operational success.


USED EQUIPMENT SELLER AGREEMENT AND SELLER’S REPRESENTATIONS AND WARRANTY
When a seller chooses to list their used equipment on Coffee Equipment Pros’ platform, we instantly go to work, researching equipment, market conditions, price, and then create the media-rich listing. We then put it into our marketing system which includes a host of outreach efforts. Upon receiving requests for purchase, we professionally represent and transact.

In doing so, we ask our sellers to give us time to dedicate our resources to selling your roaster or roastery equipment. It takes time for your listing to be properly indexed online to gain exposure, and for us to build and implement customized marketing efforts including social media (organic and paid), SEO/SEM campaigns, target e-blasts and calls to our network, etc.

We will continue to showcase your listing on our site and market it on your behalf for as long as you desire. Simply notify us when you'd like it to be de-listed.

You, the seller, agree to the following and represent, warrant, and covenant that at all times during the term of this Agreement:

• The equipment information provided by the seller is complete and accurate, and the equipment is in full working order, unless otherwise noted in writing by seller. The website listing is accurate relating to seller’s equipment as we understand it from the information you provided and from our review phone call. All photos and videos seller provides of the used equipment is accurate. If any information is not accurate or misrepresented at any time during the term of this Agreement, Seller agrees that it will be fully responsible and liable for any liability relating (directly or indirectly) to such inaccuracy or misrepresentation;
• The individual entering into this Agreement is authorized to act on behalf of seller and to bind seller to the terms of this Agreement;
• Seller has the full power and authority to conduct its business, to enter into this Agreement, and to perform your obligations under this Agreement;
• Seller’s execution, delivery and performance of this Agreement will not conflict with or violate: (i) any provision of law, rule, or regulation to which you are subject; (ii) any order, judgment, or decree applicable to you; (iii) any provision of your organizational documents; or (iv) any agreement or other instrument applicable to you;
• Seller will comply with all applicable federal, state, and local laws, rules, regulations, court orders, judgments, and decrees;
• Seller will defend, indemnify, and hold harmless, Coffee Equipment Pros, each of its respective officers, directors, members, managers, employees, sublicensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or related to any breach of this Agreement by seller (including, but not limited to, any representations, warranties and covenants made by seller herein). This provision survives the termination of the Agreement.
  
  

BROKER FEE
We add an industry-standard broker fee (averaging 15%) to the price you're expecting to receive. Through extensive equipment selling experience and current market research, we can help you identify a number that will position your equipment competitively into the marketplace.


CONTRACT
We DO NOT require an exclusive listing contract, locking you into an awkward situation that isolates the opportunity for your equipment to sell. Our entire team is about supporting and assisting you in selling your machinery as quickly and efficiently as possible.


SURVIVAL
The following provisions shall survive any termination of this Agreement: “Disclaimer and Limitation of Liability”, “Indemnification”, “Representations and Warranties”.


DISCLAIMER AND LIMITATION OF LIABILITY
The services and equipment brokered and provided by Coffee Equipment Pros in connection with this agreement are supplied on an "AS-IS", "WHERE-IS” and “AS-AVAILABLE” basis. To the fullest extent under applicable law, Coffee Equipment Pros makes no, and disclaims all, warranties (including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and non-infringement), guarantees, and representations, whether express, implied, oral or otherwise.

In no event shall Coffee Equipment Pros be responsible for any consequential, incidental, special, punitive, exemplary or indirect damages arising from or relating to this agreement or otherwise, including, without limitation, lost revenue or profits, even if Coffee Equipment Pros has been advised of the possibility of such damages. Coffee Equipment Pros will not be liable, or considered in breach of the agreement, on account of a delay or failure to perform under the agreement, as a result of causes or conditions that are beyond Coffee Equipment Pros’ control.

In addition, and notwithstanding anything contained herein to the contrary, Coffee Equipment Pros’ liability under any cause of action arising from or in connection with this agreement or otherwise shall be limited to $500. To the extent any liability of Coffee Equipment Pros cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.


INDEMNIFICATION
Each buyer and seller will defend, indemnify, and hold harmless, Coffee Equipment Pros, each of its respective officers, directors, members, managers, employees, sublicensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or related to:

(a) any breach of the Agreement by such buyer or seller (including, but not limited to, any representations and warranties made herein);

(b) any violation of any law or regulation arising from or in connection with seller’s listing;

(c) any allegation arising from or relating to any seller listing content, including, but not limited to, any allegation that any seller listing content infringes or otherwise violates any trademark, trade name, service mark, copyright, license, trade secret, right of privacy or publicity or other intellectual property or proprietary right of any third party, constitutes false advertising, is defamatory and/or is in violation of any law or regulation;

(d) any claim by any third party related to seller or seller’s listing,

(e) any third-party dispute with seller.