1. IronPlanet.com, Inc. ("IronPlanet") inspectors will not be asked to operate Equipment during the inspection process.
Seller shall indemnify, defend and hold IronPlanet and its affiliated businesses, and their employees, agents, officers and directors, harmless from any damage of or injury to the inspected Equipment, personnel, or other property that occurs during the operation of Equipment during the inspection process, unless such damage or injury is the direct result of the willful negligence or gross misconduct of the inspector.
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 berequired and the seller will be subject to a Reinspection Fee of $350.
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, will be the property of IronPlanet and cannot be republished or used without IronPlanet's prior permission.
7. Oil 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.