Seller terms and conditions

Definitions

This section describes the terms and conditions for using the TestMart "SellDirect" service (later referred to as "SellDirect" in this document).

For purposes of this agreement and use of the service, a "seller" (referred to as third-party seller in this agreement as well) is any individual or organization that lists equipment for sale through the "SellDirect" service. A "buyer" is any individual who purchases the equipment offered through this service by the third-party seller.


Right of Return (Buyer money-back protection)

By listing items through SellDirect, sellers agree to a 5-day "Right of Return" policy.

This "Right of Return" states that the buyer may, for any reason whatsoever without limitation, request that the seller accept from the buyer the return of the unit purchased through SellDirect provided that they inform TestMart and the seller by e-mail or registered mail of their decision to return the unit within five (5) business days from the time that the unit has been delivered to the buyer as evidenced by signature confirmation from a commercial third-party carrier. Once this notice has been received, the buyer and seller will directly communicate about the return of the unit as per their standard business practices.

Sellers must pay all return shipping costs if items shipped by a seller that does not meet advertised specifications.

In the event the buyer exercises the "Right of Return" and the item meets all advertised specifications, the buyer is responsible for all shipping charges back to the original location from where unit was shipped. Buyer must use the original packing material and include all materials that were delivered with the unit. Buyer has sole discretion as to which commercial carrier to use, but must ship using like service and delivery options (including insurance) that the seller used to ship the equipment originally. In this event, TestMart retains 1.5% of the buyer's payment to cover the cost of enabling the return process between buyer and seller. TestMart will remit back to the buyer 98.5% of the original payment by check within 14 days of confirmation the item was received by the seller as evidenced by signature confirmation from a commercial third-party carrier. In the event that a buyer exercises the "Right of Return Policy,” the seller is not entitled to any monetary or compensatory payments other than the timely return of the equipment under the terms and conditions stated in the paragraph above.

In issues of dispute, TestMart will attempt to expedite communication between buyer and seller but as the transaction is between the buyer and seller, TestMart assumes no liability or responsibility to resolve the dispute to the satisfaction of any party including the buyer and/or seller.

Both buyer and seller acknowledge by checking the box "I Agree to the Terms and Conditions," that there are inherent risks in an End User to End User transaction through SellDirect, and as such, and they agree to hold TestMart harmless for any part of the transaction other than facilitating communication and payment between buyer and seller. TestMart offers no warranty and makes no claims as to the accuracy of any statement or equipment by buyer or seller other than that explicitly stated through the service or required by state or federal law. In all circumstances, TestMart's liability for facilitating the transaction regardless of outcome or buyer and/or seller satisfaction with the TestMart service is limited to the amount received by TestMart as its fee.


Seller fees

Listing products on TestMart is free. Seller agrees to an 8% transaction fee of the final agreed pre-tax sold price only when an item is sold.


Listing your products

You must be a registered TestMart user to list products on TestMart. Single items can be listed by using the "SellDirect" form located at each product page. Multiple items may be listed using the bulk listing spreadsheet.


Seller ratings and feedback

Once a buyer offers payment information to complete the purchase of an item, they will be sent an invitation to leave "Seller Feedback" where they may rate and provide comments about the seller. The displayed rating is an average rounded up to the nearest whole number. For example, a seller with a 3.5 rating will display as a 4.

Rating options are as follows:

  • Excellent
  • Fair
  • Poor

Fulfillment and shipping

Sellers are solely responsible and bear all risk and liability for fulfillment and delivery. If seller does not ship item(s) within designated "Ships in" time, TestMart allows the buyer to reserve the right to cancel purchase without obligation and with the seller paying all related return shipping costs in the event the items have been shipped. To verify shipment and enable payment to seller, the seller must ship item(s) via shipping service with tracking information (e.g., UPS, FedEx, DHL). TestMart is not responsible for the physical, cosmetic, or operational condition of items sold by any third-party seller that use this seller service on TestMart or the packaging, shipping, handling or fulfillment process.


Order and payment processing

TestMart will process all payments and is acting only as a payment processor for all third-party sales conducted through the "SellDirect" service. Sellers will be asked to complete a W-9 form after item is purchased. TestMart will issue seller a purchase order with shipping details. Once TestMart has verified the item(s) sold was delivered to the ship-to address provided by the buyer, and the 5-day right of return has expired, TestMart will pay the seller the complete amount of the final pre-tax sold price less the TestMart transaction fee via company check or wire transfer (with $25 fee) within 14 business days. If sale is not completed due to seller cancellation and a wire transfer was used, seller must pay all wire transfer fees and any differences in exchange rates by company check, credit card, wire transfer or PayPal.


Buyer/seller communications

Necessary buyer and seller information required for the transaction will be provided to the respective parties only at the time of purchase. TestMart retains all buyer payment information based on our privacy policy. Seller may not use buyer information for any other purpose than to ship products. Sellers found to be using this information beyond the scope of the agreed upon business transaction will be in jeopardy of having their TestMart seller status terminated.

TestMart is only a third-party transaction processor in all transactions contemplated and/or completed through this service. TestMart is not acting as either principal or agent in these transactions, nor does TestMart make any warranties, statements or guarantees including anything around the sale or potential sale of any product other than those expressly stated in this agreement or on the relevant parts of the website. TestMart assumes no liability for false information, completion of transactions, federal, state or local taxes or any liability stemming from the transaction. TestMart reserves the right to add any number of similar products to the service or allow third party sellers to do the same. This agreement is in no way meant to supercede any local or federal statute as it relates to commerce, interstate commerce, etc.


Non-U.S. sales

Test and measurement is classified Category 3 under the U.S. Department of Commerce export laws. When exporting test equipment from the United States or exporting test equipment manufactured in the United States from any country, seller must comply with U.S. Department of Commerce guidelines and it is TestMart’s policy to be in compliance with all rules and regulations as such. Should TestMart become aware of any violation of this policy, TestMart reserves the right to cancel a transaction and/or directly contact the relevant U.S. Government authority. The majority of test equipment is subject to export controls by any number of the following agencies: U.S. Department of State, U.S. Department of Justice, U.S. Department of the Interior, U.S. Department of Treasury, U.S. Department of Energy, Nuclear Regulatory Commission, U.S. Department of Commerce. In addition to these agencies, TestMart will not allow transactions from Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, as well as any persons on the Department of Treasury Denied Persons List.


Seller disqualification

TestMart reserves the right to restrict a seller from listing products at www.testmart.com or any of our affiliated sites or services at any time. Reason for restriction include, but are not limited to: lack of performance to posted condition, price, warranty or delivery terms. Other reasons include poor ratings from the buyer community, any instance of potential fraud, or posting untrue of misleading statements in the posting of products.


Updated terms and conditions

TestMart reserves the right to update or modify the terms and conditions for use of this service. Updates will be sent to the e-mail provided by the seller. The seller acknowledges that by agreeing to these terms and conditions that they are immediately bound to any subsequent changes to the terms and conditions once TestMart has sent out the e-mail notifying the seller of such changes. It is the seller's sole responsibility to notify TestMart of any changes to the seller contact information. TestMart will not change the fee structure of this agreement for products already posted at the time a change to our terms and conditions is e-mailed.


Helpful links