DRAFT FOR ATTORNEY REVIEW — these terms have not yet been approved by counsel and may change before any brokered lot is offered for sale.
MarketYard — Terms of Sale
Terms of Sale
Last updated: September 2026
Who these terms cover
These terms apply when MarketYard (a product of Alpharithmic LLC) is the seller of record — a lot marked “Seller: MarketYard”, including brokered lots. They are the terms you agree to at checkout. Lots sold by independent sellers through MarketYard are sold by those sellers under the site terms.
Brokered lots
A brokeredlot is one MarketYard sells as seller of record but has not physically inspected: it ships directly from a wholesale partner's warehouse. Its photos are the supplier's, used with permission, and its manifest was prepared by us from those photos and the supplier's own records — every line is marked “from supplier photos; untested”. Brokered lots are sold to resellers only; you give us your resale certificate before paying, and we accept it in good faith.
Delivery and risk of loss
Unless marked FOB origin (below), brokered lots are sold delivered (DAP) to the address you give us before checkout. We book the freight on our own carrier account and the freight charge is shown as its own line before you pay. Risk of loss passes to you on delivery; loss or damage in transit is ours to claim from the carrier, not yours. Note any visible damage on the delivery receipt before signing. Other MarketYard lots are sold EXW: you arrange freight and pickup, and risk passes to you at pickup.
Payment
For brokered lots your card is authorized at checkout, not charged. We charge it only once the warehouse confirms your order. If it cannot confirm in time, or the lot has already sold at the source, we cancel the order, release the hold, and nothing is charged. Once charged, your payment is held by our payment processor until you confirm delivery or a claim is resolved. Larger orders pay a deposit hold by card and the balance by bank, as set out under “Bank lane payment” below.
FOB origin lots
Some lots are marked FOB origin: they ship from the supplier's or its vendor's dock, not from a warehouse we book delivery from. Risk of loss passes to you when the carrier takes the load. You book the carrier, or ask us to book one on your behalf, in your name, at our quoted cost. Damage in transit is a claim against the carrier; we give you the bill of lading and any photos we hold. We send the pickup details (address, dock hours, pallet count, weight, release date) once the supplier releases the load.
Bank lane payment
For a larger order, checkout places a card hold for a deposit only. The deposit is charged only when your balance is paid. Once the supplier confirms your order, we email you an invoice for the balance, payable by bank transfer or ACH within 2 business days of our confirmation. If the balance does not arrive in time, we cancel the order and release the hold. Nothing is charged.
Release window
The supplier releases the load to the carrier within 10 business days of our payment to them. If it cannot, you may cancel the order for a full refund.
Manifest, and all other sales final
For a lot sourced from a supplier, the manifest is the supplier's own line items: we have not seen the load. The tolerance and claim window below apply to counts and condition against that manifest. Beyond them, all sales are final and as-is, with no returns, the same terms on which the supplier sells to us.
Resale only
Sourced lots are sold to resellers only. You give us your resale certificate before paying, and we accept it in good faith. We may decline to ship to some states while the sales-tax treatment of a supplier shipping directly to you is confirmed.
Manifest tolerance
Liquidation lots are counted by the supplier, not unit-tested. A lot conforms to its manifest if no more than 10% of the manifested units (by count) are missing, substituted, or of a lower condition grade than stated. Discrepancies beyond that tolerance are a valid claim.
Claims
You may make a claim within 5 business days of delivery, from your negotiation page, with photos of the goods as received. We resolve claims against the manifest, the supplier's pack-out photos, the delivery receipt and your photos, by releasing, refunding, or splitting the payment. A claim window that passes without a claim is treated as acceptance.
As-is beyond the manifest
Apart from conformity to the manifest within the tolerance above, lots are sold as-is, with no warranty of merchantability, fitness for a particular purpose, working condition, or resale value, to the extent the law allows. Manufacturer warranties, if any, are not transferred.
Choice of law
These terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules.
Contact
Questions or claims: hello@marketyard.com.