Terms and Conditions of Buying and Selling Through Coffee Equipment Pros

NEW EQUIPMENT PURCHASES
Coffee Equipment Pros is a 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. View our manufacturer's warranties HERE. 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 beyond the accuracy of the listing representation. There are no refunds or returns after the Buyer and Seller sign the purchase and sales agreement and funds have been transacted. 

Coffee Equipment Pros recommends and encourages in-person inspection by Buyers of all used equipment before purchase. Live phone and/or video calls with Sellers are also available, as well as additional recorded videos and photos specific to buyer's requests. Upon review of the listed and requested media, they will deemed to be sufficient evidence to the buyer of the equipment’s condition at the time of sale. 

The Buyer is responsible for doing 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 the Coffee Equipment Pros’ platform, we instantly go to work, researching equipment, market conditions, and price, and then create the media-rich listing. We then put it into our marketing system, which includes various outreach efforts. Upon receiving purchase requests, 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, extended directory updating, etc.

We will continue to showcase your listing on our site and market it on your behalf for as long as you desire. 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 the Seller.
  
  
• After going publicly live, the website listing is completely accurate regarding the Seller’s equipment as we understand it from the information provided and from our review phone call including all photos and videos the Seller provides.
  
  
• 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 damages or liability relating (directly or indirectly) to such inaccuracy or misrepresentation.
  
  
• Seller is aware that the equipment is offered to the Buyer with an option for:
  • An in-person inspection
  • Live video conferencing
  • Phone calls with Seller
    
    
• When Coffee Equipment Pros (CEPros) brings a bonafide, qualified, ready-to-purchase buyer to the Seller, and the Seller acknowledges that CEPros equipment is available for purchase, the Seller also acknowledges a 45-day exclusive sales effort to CEPros. After 45 days, the equipment will be returned to non-exclusive sales status.
  
  
• 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, enter into this Agreement, and perform your obligations under it.
  
  
• 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 in 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,” and “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 the 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 the Seller or Seller’s listing,

(e) any third-party dispute with the Seller.