Terms of Service

1. Acceptance of terms

By creating an account or using Operatory ("Platform", "we", "us"), you agree to these Terms of Service. If you do not agree, do not use the platform. We may update these terms. Continued use after notice constitutes acceptance.

2. Eligibility

• You must be at least 18 years old.
• You must have the legal authority to enter into binding contracts.
• Sellers must have the legal right to sell the equipment they list.
• We reserve the right to refuse service to anyone at our discretion.

3. Listings and seller obligations

• All listings are subject to review and approval before going live. We may reject any listing without explanation.
• Listings must have a starting price of at least $1.
• Sellers must accurately describe equipment condition using our standardized condition grades.
• Photos must be of the actual equipment being sold. Stock photos are not permitted.
• Sellers must have clear title to any equipment listed.
• Listing prohibited items (stolen equipment, items requiring special licensure to transfer, etc.) will result in immediate account suspension and may be reported to relevant authorities.
• By submitting a listing, you agree that if a bid meets or exceeds your reserve price, you are obligated to complete the sale.

4. Bidding and buyer obligations

• All bids are binding. By placing a bid, you commit to purchasing at that price if you win.
• Bidding: you enter the amount you want to bid. If accepted, that amount becomes the current visible bid.
• Anti-sniping: any bid in the final 2 minutes extends the auction by 2 minutes.
• Winning bidders must complete payment within 48 hours of auction close.
• Buy Now purchases must be completed within 30 minutes of initiating checkout.
• Accepted offer purchases must be completed within 24 hours of acceptance.
• If payment is not completed within the stated window, the transaction is automatically cancelled, your access to checkout is revoked, and the item may be offered to the next eligible buyer or relisted. Repeated non-payment may result in account suspension.
• If you need help completing payment or coordinating logistics, contact Operatory at osita@operatoryauctions.com before your payment window expires.

5. Fees

• Buyer's premium: 15% added to the winning bid. This is non-negotiable and non-refundable except in cases of platform error.
• Seller commission: 0% in the current pricing tier. Sellers receive the full winning bid amount with no deductions.
• Fees may change with 30 days' notice to registered users.

5a. Seller payouts

Seller payouts are processed manually by the Operatory team. After the 5-business-day hold period passes with no buyer dispute, we initiate the seller payout. Payouts are typically processed within 1–3 business days after the hold clears. Sellers receive the full winning bid amount (0% commission). Payout method and details are coordinated directly between Operatory and the seller.

6. All sales final. Disputes and refunds

All sales are final. Equipment is sold "as described" and not as-new unless listed as New/Like New.

• Funds are held for 5 business days after payment. This is the buyer dispute window.
• Eligible dispute grounds: item significantly not as described (wrong model, major undisclosed damage), item not received after agreed logistics.
• Ineligible dispute grounds: buyer's remorse, normal wear beyond what the condition grade implies, shipping damage on buyer-arranged freight.
• We act as mediator only. We may issue refunds at our sole discretion. We are not liable for disputes between buyers and sellers.
• After 5 business days with no dispute, the Operatory team manually processes the seller payout and the sale is considered final. No refunds are available after payout.
• Cancellation: transactions cannot be cancelled once payment is complete. Before payment, buyers may let their payment window expire, which automatically cancels the transaction.

7. Logistics and delivery

Operatory is a transaction platform only. We are not a shipper or logistics provider. After payment is confirmed, buyer and seller contact information is shared and the parties arrange delivery directly. Operatory is not responsible for damage, loss, or disputes arising from shipping.

8. Prohibited conduct

• Shill bidding (artificially inflating prices via secondary accounts or collusion).
• Bid manipulation, retraction abuse, or non-payment as a negotiating tactic.
• Circumventing the platform for off-platform transactions after discovery through Operatory.
• Misrepresenting equipment condition, ownership, or functionality.
• Harassing other users.

Violations may result in immediate account termination, withholding of funds, and legal action.

9. Limitation of liability

Operatory is a marketplace platform. We are not party to transactions between buyers and sellers. To the maximum extent permitted by law, our total liability to you for any claim arising from use of the platform is limited to the fees you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

10. Governing law

These terms are governed by the laws of the State of Delaware. Disputes shall be resolved by binding arbitration under AAA Commercial Arbitration Rules, except either party may seek injunctive relief in court.

11. Contact

Legal inquiries: osita@operatoryauctions.com