These Terms and Conditions (“Terms”) constitute an agreement between You and IndustrialMachines.net Ltd and it is intended that these Terms have been read and that You accept that You are legally bound by them prior to Your use of the services operated on Our Website.
IndustrialMachines.net Ltd reserve the right to amend these Terms, as a whole or in part, at any time and any such changes will appear on Our Website. You hereby agree to review the terms and conditions on each occasion that You access any service via Our Website.
These Terms are the only conditions that are applicable to the use of this Website and they replace all other conditions, except with the express, prior written agreement of IndustrialMachines.net Ltd. These Terms are important as they have been designed to create a legally binding agreement between Us, protecting Your rights as a valued customer and Our rights as a business. You agree that, by registering to bid, You unreservedly accept these Terms, having read them.
You agree that:
You may only use the Website to place legitimate bids or enquiries.
You will not make any speculative, false or fraudulent bids. If We are reasonably of the opinion that such a bid has been made, We shall be entitled to cancel the bid, freeze access to Your account and inform the relevant authorities.
You also undertake to provide correct and accurate e-mail address/es, postal and/or other contact details to Us and acknowledge that We may use these details to contact You in the event that this should prove necessary (see Our Privacy Statement).
By placing a bid through the Website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.
You may view and print information from the Website for personal use only. You may not produce, download, copy, republish or use content from the Website for commercial use.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, We do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website. Neither Us nor Our employees will be liable to You, whether for negligence, breach of contract, misrepresentation or otherwise, for any direct, indirect or consequential damage (including, without limitation, loss of profit, goodwill, business opportunity or anticipated savings), suffered by You as a result of any information, materials, software or services provided on or through the Website or downloaded from it, or Your inability to use the Website, or any error in the provision of the Website.
Applicable laws require that some of the information or communications We send to You should be in writing. When Using Our Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. We may give notice to You at either the e-mail or postal address You provide to Us when placing a bid.
Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
The Contract between You and Us is binding on You and Us and on Our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of any of Our obligations under a Contract that is caused by events outside Our reasonable control (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond Our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
It is Your responsibility to inspect the Lot(s) at the Auction Premises and verify the accuracy of any information that You may obtain on the Website prior to bidding on any Lot to satisfy Yourself as to the fitness and condition of the Lot for the purpose required. Some Lot(s) will be advertised with viewing days, otherwise inspections will be arranged by appointment only. Access for the purposes of viewing or removing the Lot(s)/Goods by You may not be available outside normal business hours.
All statements by Us as to the Lot(s)/Goods are statements of opinion only and are not to be taken as, or as implying, statements or representations of fact. You should rely upon Your own judgement as to all matters affecting the Lot(s)/Goods. No Goods are sold “as new”. If You buy without prior inspection You shall be deemed to have done so at Your own risk. Any item of plant machinery or equipment that is referred to on the Website, may not necessarily comply with the Health and Safety at Work Act 1974 or any other Act or Acts or Regulations thereunder governing the use of that plant machinery or equipment in a work environment. Therefore buyer beware that such Goods are purchased at the buyer’s risk.
All product descriptions, information and materials posted on this Website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible, pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, We disclaim all other warranties of any kind. Without limiting the generality of the foregoing IndustrialMachines.net Ltd, their servants of agents, shall not be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any Lot(s) purchased, errors of description in the auction Lot, misstatements or failure of the Lot(s) to fulfil the functions for which they were intended.
Upon confirmation being given by Us to You that Your bid has been accepted You are entering into a legally binding contract to purchase the Lot(s)/Goods at the price of your most recent bid. If you do not comply with your obligations under the contract then you must indemnify the seller in respect of any loss that We and/or the Seller incurs.
On the acceptance of the Tender or on the entering by You into a contract of sale; You shall assume all risk in and relating to such Lot(s)/Goods, whether or not the Lot(s)/Goods have been removed by You from the Auction Premises. We shall not be liable for any damage or loss You may suffer prior to the Lot(s)/Goods being removed from the Auction Premises but after the passing of risk.
No bids/Tender may be withdrawn once submitted without our express written agreement.
We reserve the right to withdraw any Lot(s) from this Website at any time and/or remove or edit any materials or content on this Website. We will not be liable to You or any other third party by reason of Our withdrawing any Lot(s) from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept a bid. For the avoidance of doubt We shall not be obliged to accept any or the highest offer tendered and no tender will be accepted that attempts to impose further conditions or make any qualifications whatsoever. If there are any technological problems during an auction We reserve the right to close the auction and reinstate the Lot at an alternative time, notification of this will be provided to existing bidders.
The auction times will be in GMT, Standard Time or British Summer time, Daylight Savings Time. The auction will close at the end time listed on auction, if a bid is placed in the last 5 minutes the time for the Lot will extend to 5 minutes remaining until no further bids are placed and the time reaches zero.
For some auctions, the Seller may invoice winning bidders directly. If this is the case, details will be provided within the Sale Information.
Full and cleared funds are required within 48 hours of receipt of an invoice, unless otherwise specified within the Sale Information, and in the currency stated on the website and/or invoice; acceptable payment method is by Bank Transfer only unless otherwise agreed in writing. Confirmation of receipt will be sent following cleared funds being received by Us or the Seller.
Payment of any deposit by You shall be non-refundable unless otherwise expressly stated in writing by IndustrialMachines.net Ltd. In the event that a deposit is refundable, the full amount shall be returned to You within 48 hours of the auction ending, providing any bid/Tender placed by You does not result in winning any Lot(s)/Goods. If You are the successful Buyer of any Lot(s)/Goods, the deposit amount received from You will be deducted from Your final invoice total.
Value Added Tax (“VAT”) will be charged at the current rate on all Lot(s), unless otherwise specified within the Sale Information. The hammer price at which You purchase the Lot(s) will be exclusive of VAT. If the Goods/Lot(s) are intended to be exported and a refund of VAT is required; We or the Seller will require proof of export including but not limited to: a Certified Bill of Lading, Commercial Invoice and Packing List; full details of requirements will be provided on the sales invoice or email correspondence regarding the collection of the Goods/Lot(s). Also, a VAT refund on the Hammer Price will be subject to the Goods/Lot(s) leaving the UK within three months. If there is an option to use one of our preferred freight forwarders, in only those circumstances and with our prior agreement, we can deduct the VAT prior to payment of the invoice. It is a mandatory requirement that Industrialmachines.net Ltd/IndustrialMachines.net Auctions is not listed as the Shipper on export documentation. VAT will also be charged at the current rate on the Buyer’s Premium in all circumstances; unless otherwise specified within the Sale Information, and will not be refunded, as it is categorised as a “Service Charge” within the UK by HM Revenue & Customs (HRMC).
| 21.1. | EU Registered Companies: - VAT will be charged at the current rate (please refer to the Sale Information) and can be refunded on the Hammer Price subject to Proof of Export being provided within three months of the Sale End Date. This includes but is not limited to a Certified Bill of Lading, Commercial Invoice and Packing List. The documentation will need to clearly identify the Lot(s) as per the Sales Invoice. We will also require a valid VAT number supplied on Your company headed paper in order to zero rate the invoice. VAT on the Buyer’s premium will not be refunded (please refer to the Sale Information). |
| 21.2. | Non-EU Registered Companies: - VAT will be charged at the current rate (please refer to the Sale Information) and can be refunded on the Hammer Price subject to Proof of Export being provided within three months of the Sale End Date. This includes but is not limited to a Certified Bill of Lading, Commercial Invoice and Packing List. VAT on the Buyer’s Premium will not be refunded (please refer to the Sale Information). |
No Lot(s) will be released to the Buyer and Title to the Lot(s)/Goods shall not pass to You until the invoice has been paid in full including all taxes, bank fees and any applicable Buyer’s premium. You will not be permitted to remove any Lot(s)/Goods from any Auction premises until the Total Sale Price has been received by Us or the Seller in full.
In the event the Buyer fails to make payment of the invoice in full or remove the Goods from the Auction Premises, within the time agreed, We reserve the right to rescind the sale contract without any liability to You and reinstate the Lot for auction. In the event of non-payment of the invoice, within the time frame provided, any deposit paid will be deemed as forfeited by You and therefore is non-refundable.
In the event of total loss and/or destruction of Lot(s)/Goods prior to delivery or collection, We or the Seller may treat the contract (in relation only to such Lot(s)/Goods) as frustrated and return to You any money paid by You in full in relation to the said Lot(s)/Goods.
Where the Buyer is more than one person Your duties and obligations will be joint and several.
This agreement shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
The Buyer will be responsible for removing the products listed within any Lot from the Auction Premises within the agreed time frame and for undertaking and/or ensuring compliance with all risk assessments, legislation, codes of practice, orders, regulations and appropriate licences required to remove and transport the Goods contained in the Lot. If any loading facilities are available from the Seller, this will be detailed on the Sale Information; and maybe subject to an additional charge. We require that You are responsible at Your own cost for any disconnection of any Lot(s)/Goods from any services including but not limited to water, gas, air and the main electricity supply, and any such disconnection shall be undertaken by a fully qualified engineer or electrician at a point below the junction box. We do not accept any liability for the Goods in transit or damages that flow from the decommissioning or removal of Lots.
No warranty is given that the Goods/Lot(s) comply with the Health and Safety at Work Act 1974 or with any statutory amendment thereof or any other regulations made. There is a risk that certain Goods/Lot(s) and Auction Premises may contain asbestos and dangerous chemical substances which if not handled competently could result in a breach of the Health and Safety at Work Act 1974.
The Seller shall be able to halt the collection of any Lot if it is deemed that the removal and transport is being carried out in an unsafe or negligent manner. Buyers or contractors operating on behalf of Buyers must provide copies of relevant insurance cover and licenses for operating equipment.
You hereby agree to indemnify IndustrialMachines.net Ltd and/or the Seller for all costs and losses We incur as a result of any breach by You of this Term. You will be liable for any damage or expense suffered by Us and/or the Seller as a result of Your failure to remove Goods from the Auction Premises by the date agreed between Us and/or the Seller.
We and the Seller hereby severally exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may come to the Auction Premises for any purposes whatsoever save where such accident or injury is caused by Our negligence or the negligence of the Seller. Neither We nor the Seller recommend any organisation or represent the competence of any other organisation representatives or advertising literature to be available or distributed at the Auction Premises.
Unless otherwise stated in these Terms, We and/or the Seller accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; and
waste of management or office time.
A person who is not a party to these Terms shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999.