Seller Agreement / Terms for Sellers

Effective Date: 2025-09-17
These Seller Terms (“Seller Terms”) govern your listing and sale of products and services (“Items”) on ConstructionPartsNetwork.com (the “Platform”), operated by NetCom Services LLC, a Nebraska limited liability company (“NetCom,” “we,” “us,” or “our”). By registering as a seller or listing Items on the Platform, you agree to these Seller Terms and to the Terms of Use (incorporated herein by reference). If you use the Platform on behalf of a business, you represent and warrant you are authorized to bind that business. 1. Marketplace Role - NetCom provides a B2B marketplace that connects sellers (“Sellers”) with business buyers (“Buyers”). - NetCom is not a party to any sale. Sellers—and not NetCom—are solely responsible for listings, pricing, inventory, quality, compliance, fulfillment, shipping, risk of loss, warranties, returns, and support. 2. Eligibility; Business Verification - Sellers must be at least 18 years old. - Sellers must represent a legitimate business and be authorized to bind it. - Sellers agree to provide accurate business name, address, phone, website (if any), email, industry type, tax ID (if applicable) and any documentation we or Stripe request for KYC/KYB. - NetCom may suspend or terminate access if information is inaccurate, incomplete, or unverifiable. 3. Acceptable Use; Restricted Items - Sellers must comply with our Acceptable Use Policy and all Platform policies (each incorporated hereinby reference). - Sellers may not list illegal, stolen, counterfeit, infringing, unsafe, or unauthorized Items, or misrepresent condition, origin, or ownership. - NetCom may remove listings, suspend accounts, and report illegal activity. 4. Listings; Content; IP - Sellers are responsible for accurate, complete, and non-misleading listings, including specs, condition, price, taxes, shipping terms, and applicable restrictions. - Sellers represent you have the rights to the content you post (“User Content”) and it does not infringe third-party rights. - Sellers grant NetCom a limited license to host, display, and distribute your listings to operate the Platform. Our Trademark, Intellectual Property & DMCA Policy applies. 5. Pricing; Taxes - Sellers control pricing and are solely responsible for determining, collecting, reporting, and remitting all applicable taxes, duties, and fees (including sales/use, VAT/GST, import/export), unless NetCom expressly agrees otherwise in writing. - Sellers acknowledge NetCom is not a marketplace facilitator for your sales unless we explicitly state otherwise. 6. Orders; Fulfillment; Risk of Loss - Sellers must confirm orders, timely fulfill, and professionally package items. - Title and risk of loss transfer per Sellers' posted terms and applicable law (e.g., upon carrier handoff if stated). - Sellers are solely responsible for delivery issues, delays, damage, shortages, and post-sale support. 7. Payments; Payouts; Fees (Stripe Connect) Payment Processing via Stripe (Hosted Onboarding). Payment processing services for Sellers on the Platform are provided by Stripe. When you complete Stripe's onboarding, you agree to the Stripe Connected Account Agreement (https://stripe.com/legal/connect-account) and the Stripe Services Agreement (https://stripe.com/legal/ssa) (together, the “Stripe Terms”), as Stripe may update them. Sellers authorize NetCom to share your business and transaction information with Stripe and to receive information from Stripe as needed to provide the Services, including for compliance, risk, payouts, refunds, and chargebacks. - Application Fee. NetCom may charge a platform application fee on each transaction. - Processor Fees. Payment processor fees are not refundable by Stripe even if a sale is refunded (subject to Stripe's policies). - Payouts & Reserves. Stripe may hold reserves, delay, or suspend payouts under the Stripe Terms. NetCom may set off amounts you owe (including chargebacks, returns, adjustments, and Platform fees) from your payouts or invoice you for any negative balance. - Acquirer Disclosure. The identities and contact details of Stripe's acquiring banks are available at https://stripe.com/legal/acquirer-disclosure. 8. Refunds; Returns; Cancellations; Disputes - All refunds, returns, and cancellations are Sellers' responsibility and must be managed directly with the Buyer according to Sellers' posted terms and applicable law. - If Seller's issue a full refund and it is successfully processed through Stripe, NetCom will refund the associated Platform application fee to the Buyer's original payment method, typically within 5-10 business days after Stripe confirms the refund. NetCom may deny a Platform-fee refund in cases of suspected abuse or fraud. - Chargebacks are handled by Stripe and the card networks. Sellers are responsible for chargeback amounts, fees, and evidence. NetCom may pass through related costs or offsets. 9. Reviews & Communications - Sellers will not post fake, retaliatory, or misleading reviews or send harassing or spam messages. - NetCom, at its sole discretion, may remove reviews that violate policy or law. 10. Compliance; Sanctions; Export; Anti-Corruption - Sellers will comply with all applicable laws and industry standards, including sanctions, export controls, anti-money laundering, and anti-corruption laws. - Sellers represent you and your owners, agents, and representatives are not restricted parties and are not located in embargoed jurisdictions. 11. Warranties; Disclaimers - Sellers warrant that items are as described, free of undisclosed liens, and that you have the right to sell them. - NETCOM PROVIDES THE PLATFORM “AS IS” AND DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. 12. Indemnification Sellers will indemnify, defend, and hold harmless NetCom and its affiliates, officers, directors, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Sellers' listings or sales; (b) Sellers' breach of these Seller Terms, the Terms of Use, or law; (c) Sellers' taxes or shipping; or (d) Sellers' infringement of third-party rights. 13. Liability Cap To the maximum extent permitted by law, NetCom's total maximum liability to Sellers shall not exceed the Platform application fees paid to NetCom in the twelve (12) months preceding the event or $1,000, whichever is greater. 14. Suspension; Termination NetCom may suspend or terminate your selling privileges for policy or legal reasons, risk, non-payment, or to protect Users or the Platform. 15. Governing Law; Venue Nebraska law governs; exclusive venue lies in Lancaster County, Nebraska courts 16. Entire Agreement; Order of Precedence These Seller Terms, the Terms of Use, and incorporated policies shall constitute the entire agreement. In a conflict, Seller Terms control for seller-specific issues; otherwise, the Terms of Use control.