All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in IronPlanet's standard Terms and Conditions, which are located on IronPlanet's website at http://www.ironplanet.com/pop/terms.jsp and which you read and agreed to as a condition of registration.
1. During the inspection process, an IronPlanet.com, Inc. ("IronPlanet") inspector will either
observe the operation of the Equipment by a qualified operator provided by the Seller or, in the absence of such an operator,
an IronPlanet inspector will operate the Equipment.
Seller shall indemnify, defend and hold harmless IronPlanet and its affiliated businesses, and their employees, agents,
officers and directors, from and against any claims, suits, proceedings, losses, liabilities, damage, costs or expenses arising
out of or relating to personal injury or damage to property that occurs during the operation of Equipment during the
inspection process, including without limitation damage to the inspected Equipment, personnel, or other property,
except to the extent such damage or injury is the directly caused by the gross negligence or willful misconduct of the inspector.
With respect to claims, suits or proceedings brought by third parties against IronPlanet, Seller shall provide IronPlanet with
full information and cooperation with respect thereto.
2. IronPlanet inspections are performed solely for the purpose of reporting on the visible condition of a machine's major systems and attachments on the day of the inspection. Observed conditions may be complemented by the measurement of selected parts and the results of fluid sampling. IronPlanet condition inspections are not designed nor intended to detect latent or hidden defects, or conditions that could only be found in connection with the physical dismantling of the machine or the use of diagnostic equipment or techniques. In no event shall IronPlanet be liable for the identification of such defects.
3. IronPlanet makes no warranty that the Equipment will properly function or operate when delivered to the Buyer;
nor that it will continue to operate or function for any period of time after delivery.
4. Failure of the Seller to properly maintain the Equipment between the date of inspection and the date of sale
will void the inspection.
If the Seller alters or performs repairs or other maintenance to the Equipment after the inspection, another inspection
will be required and the seller will be subject to a Reinspection Fee of $350 (which is set forth on the IronPlanet Site).
5. The entire risk of loss of the Equipment shall continue to be borne by the Seller thereof until such time as ownership is
transferred to another party.
In no event will IronPlanet be held liable for any damage to Equipment incurred before or after the inspection,
or during the transportation of the Equipment to the Buyer.
6. The Inspection Reports, including any photographs taken of Equipment and all intellectual property rights thereto,
will be the sole and exclusive property of IronPlanet and cannot be republished or used without IronPlanet's prior permission.
7. Fluid samples, if taken, will be analyzed by an independent laboratory unaffiliated with IronPlanet.
IronPlanet makes no warranty or representation as to the accuracy of such laboratory information.