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Disclaimer: Third-Party Reseller

By engaging with our services or purchasing products through our platform, you acknowledge and agree to the following disclaimer regarding third-party resellers:

  1. Independent Resellers: Upstage Machinery acts solely as a facilitator for the resale of used heavy equipment sourced from various third-party resellers. These resellers operate independently and are not affiliated with Upstage Machinery in any legal capacity.
  2. Limited Liability: Upstage Machinery assumes no responsibility or liability for the actions, representations, or warranties made by third-party resellers. Any transactions or agreements entered into with third-party resellers are done at your own risk, and Upstage Machinery disclaims any liability arising from such transactions.
  3. Product Information: While we strive to provide accurate and up-to-date information about products listed on our platform, we cannot guarantee the accuracy or completeness of information provided by third-party resellers. It is your responsibility to verify the accuracy of product descriptions, specifications, and pricing before making a purchase.
  4. Warranties and Guarantees: Products sold by third-party resellers may be subject to warranties or guarantees provided by the reseller. Upstage Machinery does not extend any warranties or guarantees on behalf of third-party resellers and disclaims any responsibility for the quality, performance, or fitness for a particular purpose of products sold by resellers.
  5. Dispute Resolution: Any disputes or issues arising from transactions with third-party resellers should be addressed directly with the reseller. Upstage Machinery may assist in facilitating communication between parties but is not obligated to mediate or resolve disputes between users and resellers.
  6. Indemnification: You agree to indemnify and hold harmless Upstage Machinery, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses arising from your interactions or transactions with third-party resellers.
  7. Legal Compliance: Upstage Machinery encourages third-party resellers to comply with all applicable laws and regulations governing the sale of products. However, we do not assume any responsibility for ensuring legal compliance on behalf of resellers.

By using our platform and engaging with third-party resellers, you acknowledge that you have read, understood, and agree to this disclaimer. Upstage Machinery reserves the right to modify or update this disclaimer at any time without prior notice. It is your responsibility to review the disclaimer periodically for any changes.

8. Independent Evaluation: Upstage Machinery recommends conducting independent evaluations and due diligence before engaging in transactions with third-party resellers. This includes researching resellers’ reputations, reading reviews, and verifying their credentials to ensure reliability and trustworthiness.

9. Limitation of Liability: In no event shall Upstage Machinery be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with transactions or interactions with third-party resellers, including but not limited to lost profits, loss of data, or business interruption.

10. No Endorsement: The inclusion of third-party resellers on our platform does not constitute an endorsement, approval, or recommendation by Upstage Machinery. We do not endorse the products, services, or business practices of third-party resellers and disclaim any association with their actions or representations.

11. Governing Law: This disclaimer shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to this disclaimer shall be brought exclusively in the courts of [Your Jurisdiction].

12. Entire Agreement: This disclaimer constitutes the entire agreement between you and Upstage Machinery regarding the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

By continuing to use our platform and engaging with third-party resellers, you acknowledge and agree to the terms of this disclaimer. If you do not agree with any part of this disclaimer, you must discontinue use of our platform immediately. Upstage Machinery reserves the right to modify or update this disclaimer at any time without prior notice.

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