MachineryMarket Terms & Conditions of Use
Last Modified: 20.02.2023
Machinery Market Ltd. oversees and hosts the platform called the “MachineryMarket”. Equipment dealers, brokers, manufacturers, and private sellers can list their equipment (“Equipment”) for sale to potential buyers on MachineryMarket's online equipment listing service (“Site”) and post an ad for each Equipment (each, an "Advertisement"), or browse other Advertisements for Equipment to buy or sell.
These Terms and Conditions of Use (“Agreement”) are a legally binding agreement between you and MachineryMarket regarding your access and use of the Site. Please read the Agreement carefully. The terms set forth in the Agreement affects how you may access and use the Site. Please read the Agreement carefully as it affects your rights and will have a substantial impact on how claims between you and MachineryMarket are resolved. If you do not agree to the Agreement, you are not authorized to access or use the Site. If you agree to these terms set forth in the Agreement, you will be able to access and use our Site as a Visitor or as a User, and you will have the opportunity to be a buyer of the listed Equipments on the Site (“Buyer”) and/or a seller (“Seller”) and list your Equipment for sale to potential buyers. MachineryMarket does not buy, sell, exchange, or donate Equipments shown on the Site. MachineryMarket is an online hosting service and offers intermediary Services. MachineryMarket functions as an intermediary between the Buyer and Seller, and MachineryMarket is not a party to any transactions between Buyer or Seller (“Users”).
By accessing or using the site, you confirm that you accept this Agreement and that you agree to comply with them and be legally bound by them. However, we, our affiliates, and our license partners are in no way involved in the transaction or purchase contract between buyers and sellers. We, our affiliates, and our license partners are neutral, and an Advertisement is in no way an endorsement of the Seller or their equipment.
In our sole discretion, we may amend this Agreement sporadically. We will update the “Last Modified” section at the top of the Agreement which reflects the effective date of the updated Terms. We may also inform you about material changes to these Agreements through a pop-up when you visit the Site. The updated Agreement shall become effective and replace the prior Agreement at the time of posting. If you do not agree with or accept the updated Terms, (i) you should not continue to access and use the Site after the effective date of the updated Agreement and (ii) you should terminate your relationship with MachineryMarket in accordance with Section 19. You will be deemed to have accepted the updated Agreement if you continue to access and use the Site after the updated Agreement became effective.
You must read and agree to this Agreement before using the Services. If you do not agree to the Agreement, you may not use the Services. You may use the Services only if you can form a binding contract with us, and only in compliance with the Agreement and all applicable local, state, national and international laws, rules and regulations. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of the Agreement. The Services are not available to any Users we have previously removed or suspended from the Services.
1.2. Access and Use
In accordance with the Agreement, you may access and use the Services for your own professional and business purposes solely in order to make offer, bid on and buy Equipment, to sell your Equipment via the Services, in each case subject to the restrictions described in the Agreement, including without limitation the restrictions set forth in Sections 1.3 and 2 below. We reserve all rights not expressly granted in the Agreement in and to the Services and our Intellectual Property (defined below). We may suspend or terminate your access to the Services by prior notice at any time for any reason or no reason.
1.3. Restrictions; Unauthorized Use
You will not, and you will not assist, permit or enable others to, do any of the following:
1.4. User Accounts
Your account on the Services (your "User Account") gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. For example, User Account holders can, subject to the Terms, including the restrictions set forth in Sections 1.3 and 2:
If you create a User Account on behalf of a business, group of people, or other legal entity, then "you" refers to both you and that legal entity, and you represent and warrant that you have the authority to bind the legal entity to the Agreement and you agree to the Agreement on the legal entity's behalf.
When a User Account is created on behalf of a business, the User must upload the documents needed to prove the existence of the business (“the Credentials Documentation”) attached at that time on the Site. These User Accounts will be referred as verified accounts on the Site.
The Seller must upload the documentation listed in here to the Site if a User Account will be created as a Seller.
You may never make unauthorized use of another user's account. You must enter true, accurate profile information when setting up your User Account, and you must maintain this information up to date. You are solely responsible for the behavior that occurs on your User Account, and you must keep your User Account password safe. We recommend you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, digits and symbols) with your User Account. Any security breach or illegal use of your User Account must be reported right away. Any losses resulting from any illegal use of your User Account are not our responsibility.
1.5. User and System Data
You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and create derivative works of any and all User and System Data in order to provide and maintain the Services, including the making of the Services available (and any and all such derived data is deemed part of our Intellectual Property).
1.6. Changes to the Services
Without warning, we have the right to alter the Services, stop offering some of the Services to you or other Users, or impose usage restrictions on the Services. For any reason, including if you breach any aspect of this Agreement, in our sole judgment, we may permanently or temporarily terminate or suspend your access to the Services without prior notice or responsibility. You are obligated under this Agreement even if your access is terminated for any reason or no reason at all.
1.7. Interactions with Other Users
Your direct interactions with other Users are exclusively your responsibility. Although we reserve the right to do so, we are under no duty to do so. Your direct interactions with other Users, as well as any User's conduct or inaction, are not subject to our liability.
1.8. Export Control
You are entirely responsible for compliance with all applicable local laws and regulations relating to export and import regulations.
1.9. Additional Agreement for Paid Services.
Placing an Advertisement to sell or buy Equipment is subject to the additional advertising rules specified in Article 3. A separate listing agreement or order form (a "Listing Agreement"), which, if signed or otherwise accepted, remains subject to this Agreement, including without limitation, the Listing Rules, may be required if you subscribe to recurring monthly listing Services. A second subscription Services agreement (a "Subscription Services Agreement"), which when signed or otherwise agreed to, incorporates this Agreement, is necessary for users to access certain other paid Services in addition to listing Services, such as access to valuation Services. This Agreement and a Listing Agreement or Subscription Services Agreement (each a "Product Specific Agreement") may contradict; however, the Product Specific Agreement will take precedence in the event of a disagreement.
2. Listings Data
Advertisements include and display data, information, photos, trade names, logos, and other content related to the Equipment being sold, including but not limited to descriptions, prices, and contact details for the seller ("Listings Data"). As a User, you may only access and use Listings Data while it is available in the format and arrangement we provide through the Services for the following specific purposes (“Permitted Uses”) aside from Listing Data contained in your Advertisements or pursuant to the conditions of a separate access agreement with us: (i) to review, compare, and help you decide whether to bid/offer or to buy the advertised Equipment or similar equipment elsewhere in the market; (ii) to communicate with the seller to enquire about, negotiate, or complete the purchase of the advertised Equipment; or (iii) to assist you in deciding whether to sell your own comparable Equipment through the Services, such as by helping you choose the best price to ask for your Equipment or the best time to list it.
Without our prior explicit written authorization, you will not use any Listings Data in any way or for any purpose other than the Permitted Uses, and you will not permit any third party to do so either. The following acts are prohibited for the sake of clarity and without limiting the aforementioned:
3. Listing Rules
3.1. Permitted Equipment
Only Equipment that meet all of the following conditions may be listed on the Site:
Without limiting the foregoing, the above-mentioned list may be updated by us at any time. You can access the current version of the list from this link [.]
3.2. Preparing a Listing
To list an Equipment on the Site, the Seller must complete a listing form, which includes selecting a category that most accurately represents the Equipment being listed. The Seller must comply with all Listing Rules relating to the listing of Equipment.
3.3. Offer for Sale
When a Seller lists an Equipment and the listing is published on the Site, this constitutes an offer for sale of the relevant Equipment by the Seller, which may be accepted by a Buyer.
The Buyer will be able to bid or make an offer (“Proposal”) on Equipment over the Site. If no return is made to the Proposal within a certain time set on the website, the Proposal will be deemed rejected.
The Seller will only be bound by the Proposal.
In case of acceptance of the Proposal, a document (“Document”) will be generated on the Site indicating that the Proposal has been accepted and that will be paired with the Buyer’s User Account. Upon agreement of the Seller and the Buyer, the Seller shall remove the listing on the Site and shall not offer or sell the Equipment to anyone else.
If the Seller refrains from selling the Equipment despite the agreement of the Buyer and the Seller for the Proposal, the Seller's User Account may be suspended or Seller's membership may be terminated. Even in this case, the Buyer's and Machinery Market's rights to compensation are reserved.
If the Proposal is accepted by the Seller, the Site will be entitled to a commission both from the Buyer and the Seller. The amount of this commission is based on the final selling price and is detailed on the listing page for each item. If the Buyer makes a Proposal for the Equipment (regardless of whether the Proposal is rejected or not) and the ownership of the Equipment passes to the Buyer; The Equipment will be deemed to have been sold through the Site and Machinery Market shall be entitled to the Commission.
3.5. Modifying a Listing
The Buyer may purchase Bidding Rights from the Site. The Buyer may use the included bidding rights when submitting proposals for relevant listings. The Buyer shall only be entitled to submit a Proposal to the Seller if the Buyer has available bidding rights. With one Bidding Right the Buyer can make an offer or bid on one Equipment at a time. To bid on different Equipment at the same time the Buyer must buy multiple Bidding Rights.
The Buyer may also choose to purchase the Equipment at the price listed on the Site, instead of submitting a Proposal. In this case, Machinery Market will be entitled to a commission both from the Buyer and the Seller. The amount of this commission is based on the final selling price and is detailed on the listing page for each item. The Seller who has listed an Equipment may withdraw or amend the Listing (including the price) at any time before a Buyer clicks on the “Buy Now” button for such Equipment.
3.6. Additional Services
The Seller may choose to purchase Additional Services, such as Services designed to improve the visibility of their Equipment on the Site. The Seller will be able to purchase through the Site offers and packages that will allow the Advertisement to be displayed at the top among others.
3.7. Advertisement Duration
Advertisements created and uploaded will be published for the length of time agreed upon in the applicable Listing Agreement. It is the Seller's responsibility to remove the Advertisement using the functionality available in their User Account or to notify the Site so that the Advertisement can be removed if their equipment sells.
3.8. Advertisement Fees
Fees to publish self-listed Advertisements and any add-on Services are based on the current price list made available to you before publication and publication is conditional on payment being made in full by way of our approved means of payment.
3.9. Advertisement Content
Advertisements placed on the Services must meet with the following requirements: (a) be for Equipment you are legally permitted to sell; (b) have accurate Listing Data; (c) accurately describe the Equipment's condition without intentionally misleading the public; (d) only refer to one unit of Equipment and not be a duplicate; (e) only promote the Equipment for sale, not other goods or Services; and (f) not violate the rights of any third parties, including without limitation intellectual property rights like patents.
3.10. Necessary Rights
You represent and warrant that you have acquired and will maintain all necessary rights and permissions to the Listings Data, including any releases or permission from individual seller contacts, to permit the creation of your Advertisement, its upload to, and display through, the Services and to grant us the rights to use and otherwise process Listings Data as specified in this Agreement.
3.11. Review by MachineryMarket
We reserve the right to examine each Advertisement for appropriateness before or after publication, but we are under no duty to do so. You will receive an email notification if we decide, acting reasonably, that your Advertisement is inappropriate or otherwise breaches this Agreement. Despite the aforementioned, we reserve the right to delay publishing or delete from publication any Advertisement that, in our reasonable opinion, is inappropriate or otherwise breaches this Agreement, without incurring any obligation. If your Advertisement is taken down before it is published, you are entitled to a refund of the advertising money you paid—as long as the removal was not brought on by your unlawful, deceptive, or fraudulent behavior
4. Item Release Form
After the sale of an Equipment has been completed, the Site will generate an Item Release Form, for informational purposes only, indicating the Buyer, the authorized persons to deliver the Equipment, the anticipated delivery time, and place. The Item Release Form generated The Site has no responsibility with respect to the delivery of the Equipment and any issues arising from the delivery shall be resolved between the Buyer and the Seller or the authorized persons.
The Buyer is solely responsible for ensuring that the Equipment is received in a satisfactory condition and in accordance with the terms of the sale. The Site will not be held liable for any damages or losses resulting from the delivery of the Equipment.
The site reserves the right to update the terms and conditions of the Item Release Form as necessary. Any updates will be published on the Site.
5. Fees and Payment
5.1. Fee Privileges
There are no fees or costs associated with signing up for or maintaining a User Account. All information that you provide in connection with this process must be accurate, complete, and current.
5.2. Third-Party Payment Provider
6. License to Use
When creating or uploading Advertisements, you hereby grant us a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, distribute, transmit, perform, display, store, archive, and to modify and make derivative works of any and all Listings Data associated with your Advertisements in order to provide, maintain, secure and improve the Services, including without limitation to market and promote your Advertisements using such layouts and user interfaces for the Services as we determine appropriate in our sole discretion, to prohibit or permit use and access by other Users of the Listing Data in accordance with the Agreement, and in de-identified or aggregate form, to develop and support our products and Services and for our other business purposes (and any and all such data derived therefrom is deemed part of our Intellectual Property).
7. Force Majeure
A "Force Majeure Event" is any circumstance beyond MachineryMarket's reasonable control that results in a delay or failure to provide the paid Services (hereinafter referred to as a "Force Majeure Event"). Examples of such circumstances include but are not limited to fires, explosions, earthquakes, floods, epidemics, industry-wide strikes, work slowdowns or stoppages, or other industrial disputes, accidents, riots or civil disturbances, acts of civil or military authorities, interruption As long as you get prompt written notice and MachineryMarket makes all commercially reasonable attempts to resume performance as soon as feasible, any deadlines for the performance of its duties are automatically extended for the length of the Force Majeure Event.
8. Risk of Loss
The Seller shall be responsible for loss or damage to the Equipment, other than loss or damage arising as a result of the negligence of MachineryMarket, its agents or employees, until the earliest of the Equipment is sold through the Site, the removal of the Equipment from Seller's location or other applicable storage location of the Equipment; receipt by the Seller of all proceeds from the sale of the Equipment. The Seller shall insure the Equipment, with MachineryMarket a loss payee, to its fair market value against all perils so that in the event of damage to, or destruction of, the Equipment or any part thereof, all insurance proceeds shall be credited to the gross proceeds of the sale, regardless of the venue through which the Equipment is sold, and payment made to MachineryMarket forthwith for all deductions permitted by this Agreement and shall, upon request, provide MachineryMarket with a copy of the insurance certificate, or other documentation evidencing MachineryMarket as a loss payee, to the satisfaction of MachineryMarket.
9. Our Proprietary Rights
You acknowledge and agree that we own all intellectual property rights in the Services, all materials therein or transferred thereby, including without limitation, all videos, audio, images and other content and information displayed or made available on the Services. We also own all software, algorithms, code, and technology underlying the Services. You agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our Intellectual Property unless expressly permitted by this Agreement. Nothing in this Agreement will be deemed to grant a license in or under any intellectual property rights. Any use of our intellectual property not specifically authorized by this Agreement is utterly forbidden.
You have the option to give feedback on the Services, including suggestions for how to make them or our Services better, or we may invite you to do so ("Ideas"). By providing any Idea, you acknowledge that it is free, uninvited, and without restrictions. You also acknowledge that by doing so, you are not putting us under any fiduciary or other responsibility. We are free to utilize any Idea without further payment to you and/or to reveal it publicly or otherwise. You additionally agree that by accepting your submission, we do not renounce any rights we may have to exploit ideas that are similar to or related to yours that we have already discovered, that we have developed ourselves, or that we have acquired from sources other than you.
10. Privacy and Data Protection
The Site recognizes the importance of protecting the personal data of its users. The Site will collect, use, and store personal data only for the purposes of fulfilling orders, providing customer support, and improving the services offered on the Site. The Site will not share personal data with any third parties, except as necessary to fulfill orders or as required by law. The Site will implement appropriate technical and organizational measures to protect personal data from unauthorized access, destruction, alteration, or misuse. Users have the right to request access to their personal data, as well as when possible, to request correction, deletion, or restriction of the processing of their personal data
By providing us with your email address, you agree that we may contact you via email rather than snail mail regarding the Service, including any legal notices. In accordance with applicable laws, we may also use your email address to send you additional messages, such as notifications regarding updates to the functionality of the Services and special offers. If you do not wish to receive these emails, you can change your selections on your settings page or opt out. You may opt out of getting emails about updates, auctions, products, events, and deals.
We care about the integrity and security of the information we handle. We follow an information security policy which is based on physical, managerial and technical safeguards deemed appropriate by us in our sole direction, designed to preserve the integrity and security of that information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information for improper purposes. You acknowledge that you provide your information at your own risk.
12. Disclaimer of Third-Party Links and Materials
The Services may contain third-party materials or links to third-party materials that we do not own or control. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or Services. If you access a third-party website or Service from the Services or share your data or information on or through any third-party website or service, you do so at your own risk, and you understand that this agreement and our privacy statement do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including the payment for and delivery of goods or service by them, and any other of their agreement(such as warranties) are solely between you and such advertisers. You agree that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You will defend, indemnify and hold us and our affiliates, agents, license partners, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of and access to the Services, including without limitation any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your use of the Services or Listings Data in any manner not expressly authorized by this Agreement, including without limitation your breach of any of the restrictions applying to your use of the Services or Listings Data as set forth in Articles above, respectively; (vi) your gross negligence or willful misconduct; or (vii) any third party’s access and use of the Services with your unique username, password or other appropriate security code.
To the maximum extent permitted by applicable law, in no event will we or our affiliates, agents, license partners, suppliers or licensors (or our or their employees, contractors, agents, officers or directors), be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services. Under no circumstances will we be responsible for any damage, loss or injury resulting from spamming, phishing, hacking or tampering of your devices or systems and any corresponding unauthorized access or use of the Services or your user account or the information contained therein.
To the fullest extent allowed by the applicable law, we disclaim all liability and responsibility for any (i) content errors, mistakes, or inaccuracies; (ii) bodily harm or property damage of any kind caused by your access to or use of the Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; and (v) any such liability or responsibility (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; (viii) use of Listings data or other User Account data by a third party; and/or (ix) the defamatory, offensive or illegal conduct of any third party.
To the fullest extent permitted by applicable law, under no circumstances shall we, our affiliates, agents, license partners, suppliers, or licensors (or our or their employees, contractors, agents, officers, or directors) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of 2000£ Even if we have been informed of the likelihood of such loss, this limitation of responsibility clause nevertheless applies whether the alleged liability is based on a contract, tort, negligence, strict liability, or any other basis.
Despite the aforementioned, our total liability under this Agreement is always capped at 2000£ with the exception of situations where the loss was brought on by our willful misconduct or flagrant carelessness. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The MachineryMarket’s Services and Equipment listed on the Site are offered and distributed "as is" and "where is," and unless otherwise stated in the Advertisements, there is no Seller's warranty on the Equipment. It is the responsibility of the user to thoroughly inspect the Equipment and conduct necessary research, if needed, before making a purchase. The Buyer assumes all responsibility and risk for any defects in the Equipment that may appear after the sale or at a later time.
MachineryMarket’s Services do not come with any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law. No oral or written advice or information obtained from MachineryMarket or through the Services shall create any warranty not explicitly stated herein. MachineryMarket does not provide a warranty for any product sold on the Site. The time and year information in the Equipment belongs entirely to the User who uploaded the Equipment. In addition, MachineryMarket, our subsidiaries, our affiliates, and our licensors do not warrant that any content or information accessed through the Services is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted; or that any content downloaded or otherwise obtained through the use of the Services is done at the User's sole risk, and you assume all risk of such download and any data loss or damage to your computer system that results from such use of the Services.
15. Governance and Dispute Resolution
15.1. Applicable Laws and Jurisdiction
This Agreement and any disputes arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the United Kingdom for the resolution of any disputes arising out of or in connection with this contract.
The parties to this Agreement agree that any legal action or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the courts of the United Kingdom.
The parties to this Agreement waive any objections to the venue or jurisdiction of such courts.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this contract.
In the event of a disagreement between MachineryMarket and you, MachineryMarket encourages you to reach out to MachineryMarket to find an amicable solution. To do so, you may deliver a written complaint to MachineryMarket’s Customer Service Department using the contact form.
In the event the dispute is not satisfactorily resolved through MachineryMarket’s Customer Service Department, please email [email protected] and, within a reasonable period of two months from our receipt of your email, we will use good faith effort to try and resolve the dispute amicably.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
16.2. Notification Procedures
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in this Agreement or our Privacy Statement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
16.3. Changes to the Agreement
We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Agreement or any future General Agreement of Service, do not use or access (or continue to access) the Services. You hereby acknowledge and agree that, to the maximum extent permitted by applicable law, unless otherwise stated, any and each modified or new Agreement of service will fully govern your use of the Services, and is effective, beginning as of your first access to and use of the Services, even if prior to your acceptance of such modified Agreement of service.
16.4. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Services such as Product Specific Agreements, will constitute the entire agreement between you and us concerning the Services. If provided, any related purchase order or similar document provided by you shall be for reference only and shall have no force or effect after the date hereof. None of our employees or representatives are authorized to make any modification or addition to this Agreement, unless in writing signed by our authorized representative. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Where we have provided any translation of the English language version of this Agreement, such translation is provided for your convenience only. To the extent there is any inconsistency between the English language version and any such translation, the English language version shall govern.
16.5. No Waiver
Any waiver by either party of any provision of this Agreement shall not be construed a further or continuing waiver of such provision or any other provision, and our omission to exercise any right or provision under this Agreement shall not be regarded a waiver of such right or provision.
17. Feedback and Reporting Infringements of Intellectual Property Rights
If you believe that material in the Services to any part is incorrect or faulty, please notify us by sending information using the "feedback" link on the Service´s front page. Please describe the error or defect in detail in the message.
We respect the intellectual property rights of others, and we expect our Users to do the same. If you believe that your copyrights or other intellectual property rights have been infringed by material posted by others through the Services, you should provide us or our designated agent with the following information:
1. An electronic or written signature from a representative of the owner of the copyright or other intellectual property;
2. A description of the work for which the copyright or other intellectual property is claimed to have been violated;
3. Determination of the content allegedly infringing and its location on the Services;
4. Information that will allow us to reach you, such as your name, address, and phone number;
5. A declaration that you have a good faith belief that the use of the material in the way complained of is not permitted by the copyright or other intellectual property owner, its agent, or the law;
The above information must be submitted to the following address: Machinery Market Ltd
71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
18. Contracting Entity
The ‘’MachineryMarket’’ party to this Agreement is:
Machinery Market Ltd
71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
19.1 Termination By A User
A User may end their relationship with MachineryMarket at any time with immediate effect; however, the User will remain obligated for fulfilling all of the User’s obligations that resulted in a transaction of the Equipment. A User may also end the User’s relationship with MachineryMarket by canceling the User’s Account or sending a written cancellation notice to MachineryMarket whose information is written in Section 18.
19.2. Termination By MachineryMarket
MachineryMarket may end its relationship with a User in connection with MachineryMarket exercising its rights as described in the Agreement or for any other reason. MachineryMarket will endeavor to provide the User with notice at least thirty (30) days before the date of termination unless MachineryMarket determines that immediate termination is required by law or is necessary to avoid damages to (or mitigate damages for) MachineryMarket.
19.3. Responsibility for Preserving Your Content
If you choose to deactivate your User Account or your User Account is terminated by us for any reason, you will not be able to reactivate your User Account. We recommend that you save copies of your Content or other information associated with your User Account on your personal device.
Upon termination of your User Account, any provision of the Agreement which, by its nature or express terms should survive, will survive such termination.