WasteAuctions Buyer and Seller Agreement

Agreement Overview

This Buyer and Seller Agreement ("Agreement") is a binding contract between you ("User," "Buyer," "Seller," or "You") and WasteAuctions LLC, a Nebraska limited liability company ("WasteAuctions," "Company," "We," or "Us"). This Agreement governs your access to and use of the WasteAuctions website at wasteauctions.com and all related services (collectively, the "Platform") as a marketplace facilitator connecting buyers and sellers; WasteAuctions is not the seller of items listed by third parties.

1. PLATFORM OVERVIEW AND USER ELIGIBILITY

1.1 Platform Description

WasteAuctions operates an online marketplace for waste industry professionals to list and buy surplus assets, including waste management equipment, vehicles, and related materials, through auction-style listings and classified advertisements. WasteAuctions acts solely as a marketplace facilitator and service provider; we do not own, take title to, or take possession of items listed by third parties, and except where expressly stated, we are not a party to purchase and sale contracts between buyers and sellers. WasteAuctions is not a traditional auctioneer; it provides a passive platform for Waste Industry Professionals to transact with one another.

1.2 User Requirements

To use our Platform, you must: Be at least 18 years of age; Possess legal capacity to enter binding contracts; Provide accurate and complete registration information; Maintain a valid email address and contact information; Comply with all applicable local, state, and federal laws.

2. BUYER TERMS AND CONDITIONS

2.1 Bidding Authorization and Commitment

When you place a bid on our Platform, you: Make a legally binding offer to purchase the item at your bid price; Acknowledge that all items are offered and sold "AS-IS, WHERE-IS," with all faults, and that you have had the opportunity to inspect or arrange an inspection prior to bidding; Confirm you have sufficient funds to complete the transaction; Agree that all bids are final and irrevocable without seller consent; Accept responsibility for all account activity under your credentials.

2.2 Payment Obligations and Processing

Successful bidders must remit full payment including: Final winning bid amount, Applicable buyer's premium (as specified in listing), All taxes, fees, and shipping charges, and Any additional costs outlined in the item listing. Accepted payment methods: Bank wire transfer or, subject to platform limits and approval, restricted-use credit card. All payments processed in U.S. dollars unless otherwise specified. Cash payments are strictly prohibited. Third-party payments are not accepted without prior written authorization. Declined credit card transactions incur a $25.00 processing fee. Any charge-back results in permanent account deactivation and legal action.

2.3 Asset Removal and Transportation

Items must be collected within 10 calendar days following auction close. Buyers assume full responsibility for loading, transportation, and logistics. Risk of loss transfers to buyer upon commencement of item removal. Storage fees may apply for delayed pickup beyond specified timeframe.

2.4 Failed Transaction Consequences

Failure to complete a purchase results in: Immediate assessment of a default fee equal to 20% of the winning bid, capped at $5,000 (as liquidated damages); Potential legal action for specific performance or damages; Account suspension or permanent termination; Forfeiture of any deposits or earnest money; Liability for seller's re-listing and associated costs.

3. SELLER TERMS AND CONDITIONS

3.1 Listing Requirements and Accuracy

Sellers must: Provide complete and accurate item descriptions; Include all material defects or condition issues; Upload clear, representative photographs; Specify pickup location and availability windows; Disclose any liens, encumbrances, or title issues; Warrant that you own the listed assets (or have full authority to sell them) and that you will convey good, transferable title free of undisclosed liens or security interests; Affirm that all specifications, statements, and documentation provided are true, current, and not misleading, and promptly correct any inaccuracies.

3.2 Transaction Settlement

WasteAuctions acts as the Seller’s limited collection agent for amounts due from Buyers. After (a) confirmation that the Buyer has picked up or otherwise taken possession of the asset, and (b) receipt and verification of all required paperwork (including titles, bills of sale, lien releases, and any other documents specified by WasteAuctions), net proceeds will be released to the Seller within 14 days. “Net proceeds” means the gross amount collected from the Buyer less commissions, the Buyer’s Premium collected on behalf of WasteAuctions, and any agreed fees or charges. Seller remains responsible for completing a valid transfer of title.

3.3 Asset Delivery and Transfer

Sellers must make items available for pickup during specified timeframes. All necessary documentation (titles, receipts, certificates) must be provided. Items are sold "AS-IS, WHERE-IS," with all faults, without any warranty unless explicitly stated otherwise. Seller responsible for asset security until buyer removal.

4. PLATFORM POLICIES AND USER CONDUCT

4.1 Account Security

Users are responsible for: Maintaining confidentiality of login credentials; All activities conducted under their account; Immediate notification of unauthorized access; Regular monitoring of account activity and communications.

4.2 Prohibited Activities

Users may not: Submit false, misleading, or inaccurate information; Engage in fraudulent bidding or manipulation; Disrupt platform functionality or circumvent security measures; Use automated systems to monitor or extract platform data; Violate intellectual property rights of WasteAuctions or third parties.

4.3 Communication and Marketing Consent

By registering, you consent to: Electronic communications regarding your account and transactions; Marketing emails about relevant marketplace opportunities; Platform notifications and system updates; Legal notices delivered to your registered email address.

5. FEES AND FINANCIAL TERMS

5.1 Registration and Basic Access: Platform registration and basic browsing are provided at no charge.

5.2 Transaction Fees: Buyer’s Premium: An additional fee charged to the Buyer on top of the winning bid. The Buyer’s Premium is earned by WasteAuctions upon auction close and is non-refundable. Classifieds: Fixed-price listings and Make Offers carry a flat, predictable $250 transaction fee per item. There is no charge for individual items sold for under $1,000.

5.3 Tax Responsibilities: Users are solely responsible for determining applicable tax obligations, obtaining necessary tax exemption documentation, and filing required returns. Submitting tax exemption or resale certificates to WasteAuctions within 24 hours of auction close or purchase is required; otherwise, applicable taxes will be charged.

6. WARRANTIES AND DISCLAIMERS

6.1 Platform Availability

THE PLATFORM IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WASTEAUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 Content and Listing Accuracy

WasteAuctions does not verify user-submitted content and makes no representations regarding: Accuracy of item descriptions or photographs; Condition or functionality of listed equipment; Seller authority to transfer clear title; Compliance with applicable regulations or standards.

6.3 Transaction Completion

We do not guarantee: Successful completion of any transaction; Seller performance of delivery obligations; Buyer payment or pickup compliance; Resolution of post-sale disputes between parties.

7. LIABILITY LIMITATIONS

7.2 Excluded Damages: WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 User Release: Users release WasteAuctions from all claims and liabilities arising out of or related to disputes between users, including transaction failures, equipment defects, title issues, or condition discrepancies.

7.4 Service Interruptions: WasteAuctions is not responsible for any delay, failure, error, or outage in the Platform, including power or internet interruptions, denial-of-service attacks, or software/hardware malfunctions.

8. INDEMNIFICATION

You agree to indemnify and hold WasteAuctions harmless from all claims, damages, and expenses (including legal fees) arising from: Your use of the Platform; Violation of this Agreement; Infringement of third-party rights; Your transactions with other users.

9. DISPUTE RESOLUTION

9.1 Mandatory Arbitration

All disputes must be resolved through binding arbitration conducted by the Nebraska Academy of Mediators & Arbitrators according to their commercial rules.

9.2 Arbitration Procedures

Arbitration shall be on an individual basis only (no class actions). The location shall be in Nebraska, governed by Nebraska law. The arbitrator's decision is final and binding.

9.3 Exception for Injunctive Relief

WasteAuctions may seek injunctive relief in court for intellectual property violations or platform security breaches.

10. INTELLECTUAL PROPERTY

10.1 Platform Ownership: All platform technology, site data, content, trademarks, and other intellectual property remain the exclusive property of WasteAuctions. Users acquire no ownership rights.

10.2 User License: Users receive a limited, non-exclusive license to access the Platform for its intended commercial purposes only.

10.3 Content Submission: By submitting content, you grant WasteAuctions a worldwide, perpetual, irrevocable, royalty-free, transferable license to host, reproduce, and display such content. Feedback provided is assigned to WasteAuctions.

10.4 Video Content: If you upload or link video content (such as YouTube), you agree to comply with the applicable third-party terms, including YouTube Terms of Service and Google’s Privacy Policy.

11. PRIVACY AND DATA PROTECTION

User information is collected, used, and protected according to our Privacy Policy, which is incorporated by reference into this Agreement. We do not sell personal information to third parties for marketing purposes without explicit consent.

12. ACCOUNT TERMINATION

WasteAuctions may suspend or terminate user accounts at any time for: Agreement violations; Fraudulent or suspicious activity; Non-payment of fees; Legal compliance requirements; or Business operational reasons. Upon termination, platform access is immediately revoked, but outstanding obligations remain.

13. GENERAL PROVISIONS

13.1 Governing Law: This Agreement is governed by Nebraska law. 13.2 Severability: If any provision is deemed unenforceable, the remainder remains in full effect. 13.3 Assignment: This Agreement may be assigned by WasteAuctions in connection with business transfers. 13.4 Entire Agreement: This constitutes the complete understanding between parties. 13.5 Modifications: WasteAuctions may update this Agreement at any time by posting revised terms.

14. AGENT OF THE PAYEE CLAUSE

X.1 Appointment of Agent: Seller hereby appoints WasteAuctions to act as Seller's exclusive agent for the limited purpose of receiving, collecting, and processing payments from Buyers. X.2 Satisfaction: Any payment made by a Buyer to WasteAuctions shall constitute full satisfaction of the Buyer's payment obligation to Seller. Upon receipt of payment by WasteAuctions, the Buyer's debt is legally satisfied and extinguished.

Recourse: Seller's sole recourse for non-remittance of funds is against WasteAuctions, and Seller may not pursue collection efforts directly against any Buyer who has made payment to WasteAuctions.