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HAYMARKET BUSINESS MEDIA LTD Auction Site User Agreement

This is a legal agreement between you, the user, and Haymarket Business Media Ltd, who are the owners of the pressXchange website. “PressXchange”, “pressXchange.com” and “pressXcahnge.com/Auction” are trading names of Haymarket Business Media Ltd.

1. By placing items for sale, bidding for items for sale or otherwise using the auction section of the pressXchange web site (“pressXchange.com/Auction”) you agree on behalf of yourself and any company you represent or act for to accept and abide by these Terms and Conditions of Use (“Terms”), and any amendments to them made from time to time; you must read and accept them before making a bid, or contacting or entering into a contractual relationship with any seller.

2. HAYMARKET BUSINESS MEDIA LTD and pressXchange.com/Auction are for the use of businesses and those acting on behalf of businesses. They are not for consumer transactions and users and bidders warrant that they are not acting as consumers in a personal or individual capacity but for or on behalf of and with the authority of a company, partnership or other legal entity.

3. HAYMARKET BUSINESS MEDIA LTD is not a conventional auctioneer; it merely provides an online platform to allow potential buyers (“bidders”) on pressXchange.com/Auction to bid online, to make “sealed bid” offers or to make offers for equipment offered by any persons advertising goods for sale (“sellers”).

4.. HAYMARKET BUSINESS MEDIA LTD is not the seller or supplier of the goods nor the agent of the seller, and no contractual agreement shall exist between HAYMARKET BUSINESS MEDIA LTD and bidders in respect of a sale or purported sale other than in respect of the payment by the bidder to HAYMARKET BUSINESS MEDIA LTD or to the seller of a Buyer’s Premium (see clause 13 below). HAYMARKET BUSINESS MEDIA LTD is not involved in the actual transaction between bidders and sellers and assumes no control or liability over any issues that may arise as a result of this transaction.

5. HAYMARKET BUSINESS MEDIA LTD neither makes nor offers and hereby disclaims all and any implied or express warranties, representations or guarantees. It is the responsibility of all users and bidders to ascertain that items for which they bid are suitable for purpose, and, to the extent that the law allows in the relevant forum, HAYMARKET BUSINESS MEDIA LTD makes no representation and gives no warranty implied or expressed of any kind, including as to title or ownership, the accuracy of the description of the goods, their merchantability, completeness, condition, age or quality. It is the responsibility of the bidder to ensure that the goods conform to relevant health and safety and other legislation in the jurisdiction in which the goods would be used.

6. The user accepts that HAYMARKET BUSINESS MEDIA LTD will not be liable for any loss or damage, direct or indirect, suffered by the user in consequence of his use of the site to buy or sell equipment or services. This includes any claim for consequential loss, loss of profits, punitive damages, and you, as user, agree to hold HAYMARKET BUSINESS MEDIA LTD harmless from any action in law against it arising form your use of the HAYMARKET BUSINESS MEDIA LTD site. You agree that you will not bring any action against HAYMARKET BUSINESS MEDIA LTD as a result of your use of the site and any loss resulting from it and will indemnify HAYMARKET BUSINESS MEDIA LTD against all such claims, including claims from a third party. The liability of HAYMARKET BUSINESS MEDIA LTD shall in all cases be limited to the amount of the Buyer’s Premium charged and paid in relation to a particular transaction.

7. The date of transfer of legal ownership of the goods, risk and responsibility for insuring the goods, the means of collection or delivery of the goods and the payment method is to be agreed between the bidder and the seller unless otherwise indicated in the seller’s terms in the auction details. In the case of failure to agree the goods will be assumed to be sold “as is, where is”, must be paid for in full within 5 days of the close of the auction and removed within 10 days of the end of the auction; risk will pass when an invoice for the sale is issued and title will pass on receipt by the seller of the purchase price (including relevant taxes and the Buyer’s Premium).

8. You warrant that the information you provide on registering with pressXchange.com/Auction will be honest and not designed to mislead or conceal your identity; by accepting these Terms and/or bidding for equipment you warrant that you are legally entitled to do so and that you have the authority to make a bid and the financial capacity to complete the transaction if your bid is accepted. Any notice or communication sent to the email address or physical address given by the user on registration will be deemed to have been delivered to the user, including notification of the placing of a bid, that a user's bid has been successful, communications from sellers or HAYMARKET BUSINESS MEDIA LTD and invoices or demands. In order to verify the bona fides of bidders their IP addresses and other relevant information will be collected and recorded by HAYMARKET BUSINESS MEDIA LTD.

9. It is the responsibility of the bidder to ascertain the quantity, quality, age, description, condition, suitability for purpose and legal ownership of the goods for which he bids, notwithstanding any information or description which may appear on pressXchange.com/Auction. HAYMARKET BUSINESS MEDIA LTD is not responsible for the actions or inactions of sellers or other users and the bidder holds HAYMARKET BUSINESS MEDIA LTD harmless for any loss he may incur and indemnifies HAYMARKET BUSINESS MEDIA LTD against any claim made by a third party.

10. Bidding on pressXchange.com/Auction constitutes an irrevocable Offer to Buy on the part of the bidder to the seller. Bidding on an item indicates your intent to purchase that item and is considered a legally binding contract between yourself and the seller of the item. Bids cannot be cancelled once they are submitted. Upon receiving notification that you are the winning bidder you are obligated to purchase the item.

11. You agree that HAYMARKET BUSINESS MEDIA LTD may at its absolute discretion suspend or ban any person, company or organisation from using PressXchange.com/Auction, and you warrant that you will not attempt to circumvent this ban by registering under a different username or using the registration of another person, company or organisation. HAYMARKET BUSINESS MEDIA LTD or individual sellers may at their absolute discretion decline to accept or may disallow bids from any user or bidder and are not obliged to give any reason for such decisions.

12. You agree that you will not attempt to avoid paying for lots purchased via PressXchange.com/Auction, attempt to avoid paying fees due to HAYMARKET BUSINESS MEDIA LTD, post misleading or defamatory statements on the site, send spam or other unsolicited or irrelevant emails to other pressXchange.com/Auction users or sellers nor attempt to harvest their user details from the site or use PressXchange.com/Auction in any other way than that for which it was set up.

13. You agree that you will not attempt to avoid paying for lots purchased via PressXchange.com/Auction, attempt to avoid paying fees due to HAYMARKET BUSINESS MEDIA LTD, post misleading or defamatory statements on the site, send spam or other unsolicited or irrelevant emails to other pressXchange.com/Auction users or sellers nor attempt to harvest their user details from the site or use PressXchange.com/Auction in any other way than that for which it was set up.

14. The successful bidder will pay to the seller or to the appropriate authorities as required all taxes, levies, duties or customs charges.

15. You will keep your username and password safe and will not disclose it to any other person; you will not allow any other person to use your HAYMARKET BUSINESS MEDIA LTD registration details to bid or otherwise use the site, and you will honour any bids made using your registration details, whether or not used with your consent

16. Unless otherwise indicated, all successful bidders will be charged a Buyer’s Premium in accordance with our published Fee Structure. This will be based on and charged in addition to the amount of the successful bid and will normally be included in the invoice issued by the seller to the successful bidder. The invoice will also include any applicable taxes etc. (see clause 12 above) and unless otherwise agreed is payable in full prior to collection of/delivery of the goods. If the seller does not collect the Buyer’s Premium on HAYMARKET BUSINESS MEDIA LTD’s behalf the buyer will pay it direct to HAYMARKET BUSINESS MEDIA LTD on demand.

17. All bids are made in the currency indicated in the sale details for each lot, and payment must be made in that currency unless otherwise agreed with the seller. When HAYMARKET BUSINESS MEDIA LTD provides a currency conversion mechanism this is for illustration purposes only, and the bidder accepts that exchange rate fluctuations and foreign exchange commissions will affect the final cost.

18. HAYMARKET BUSINESS MEDIA LTD cannot guarantee continuous access to PressXchange.com/Auction or the operation of our services, and we will not be liable for any direct, indirect or consequential loss caused by a failure of our systems or services.

19. The content of the www.pressXchange.com site, including graphic images, text, information and documents are owned by and are the copyright of HAYMARKET BUSINESS MEDIA LTD and of other third parties. None of it may be copied, reproduced, published or otherwise used without the express consent of HAYMARKET BUSINESS MEDIA LTD or the relevant third party.

20. This agreement is to be interpreted according to the laws of England and Wales, and any disputes between HAYMARKET BUSINESS MEDIA LTD, bidders or other users is to be heard in the English courts.