Create your IndustrialMachines.net Auctions Account

In order to register for any sales and bid on/purchase any of the Lots, please enter your contact details below to create a Buyers Account.

*Compulsory Fields

Account Details

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Company Details

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How did you hear about IndustrialMachines.net Auctions? *

*How did you hear about IndustrialMachines.net Auctions field is required

Email Preferences

Terms and Conditions

Interpretation

“You/Your” The Purchaser/Bidder
“We/Us/Our” IndustrialMachines.net Ltd of 5 Arden Court, Arden Road, Alcester, B49 6HN
“the Seller” The legal owner of the Lot(s)/Goods being sold or auctioned
“Website/Site” www.IndustrialMachines.net/Auctions
“Auction Premises” Location at which Lot(s)/Goods are inspected, sold from and/or stored
“Tender” The amount of money confirmed as offered by the Purchaser/Bidder
“Hammer Price” The price at which a Lot is sold excluding any applicable taxes and Buyers Premium
“Buyer’s Premium” A fee on the Hammer Price plus VAT for Lot(s)/Goods purchased by any means.

 

GENERAL TERMS

  1. 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.

  2. 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.

  3. 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:

    1. You may only use the Website to place legitimate bids or enquiries.

    2. 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.

    3. 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).

    4. 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.

    5. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

INSPECTION AND DESCRIPTION

  1. 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.

  2. 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.

  3. 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.

PAYMENTS, PURCHASES AND TENDERS

  1. Upon confirmation being given by Us to You that Your bid has been accepted, or 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 thereof prior to the Lot(s)/Goods being removed from the Auction Premises but after the passing of risk.

  2. No bids/Tender may be withdrawn once submitted.

  3. 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 Lots at an alternative time; or extend the bidding time, notification of this will be provided to existing bidders. We will not be responsible for any bids which are not processed due to a technical error.

  4. 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.

  5. For some auctions, the Seller may invoice winning bidders directly. If this is the case, details will be provided within the Sale Information.

  6. 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.

  7. 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.

  8. 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).

    19.1. EU Registered Companies: - VAT will be charged at the UK 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).
    19.2. Non-EU Registered Companies: - VAT will be charged at the UK 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).
  9. 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 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.

  10. 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.

  11. 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.

  12. Where the Buyer is more than one person Your duties and obligations will be joint and several.

REMOVAL OF LOT’S/GOODS

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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:

    1. loss of income or revenue;

    2. loss of business;

    3. loss of profits or contracts;

    4. loss of anticipated savings;

    5. loss of data; and

    6. waste of management or office time.

  7. A person who is not a party to these Terms shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999.

Privacy Policy

Who We Are

At IndustialMachines.net Ltd we are dedicated to preserving the trust and confidence of the visitors to our website; and our Seller’s. We will never sell, trade or rent Your contact information with any other business for the purpose of marketing. Within this Privacy Policy we will provide You with details on when and why we collect Your personal information, how we will use it, the limited conditions under which we may disclose it to others and how we will keep it secure. The collection of Personal Data will always be in line with the General Data Protection Regulation (GDPR).

Our Trading and Correspondence address is at: 5 Arden Court, 1 Arden Road, Alcester, Warwickshire, B49 6HN, United Kingdom

Data Collection

IndustrialMachines.net undertakes to collect Your Data by means that are:

  1. Fair
  2. Legal
  3. Transparent

If You visit IndustrialMachines.net's Auction web-site , Your web-browser automatically discloses, and IndustrialMachines.net's web-server automatically logs, the following information:

  1. The date and time
  2. The IP address from which You issued the request
  3. The type of browser and operating system You are using
  4. The URL of any page that referred You to the landing page
  5. The URL You requested, and whether Your request was successful

This data may or may not be sufficient to identify You.

Any additional Personal Data that You provide, e.g. in a web-form, will also be logged via our database and/or in the form of an email notification. This data can include:

  1. Title
  2. Name (First, Surname)
  3. Company Name
  4. Address (Street, Town/City, Post/Zip Code)
  5. Your Location (Country Your Company resides in)
  6. Telephone Number
  7. Mobile/Cell
  8. Email Address
  9. Website
  10. VAT Number (EU Countries Only)

This data may or may not be sufficient to identify You.

Any additional data that Your web-browser automatically provides may also be logged. This will be the case, for example, if Your browser has previously been requested to store data on Your computer in 'Cookies' (further details provided below) and submits them each time You request a web-page within a particular domain (such as IndustrialMachines.net ).

This data may or may not be sufficient to identify You.

In general, You can browse our website without providing us with any personal information. We use various products (namely Google Analytics and Addthis.com) to collect and analyse traffic to our website, to better understand our visitors; and to offer insight in how we can continually improve. We only collect anonymous statistics, and therefore we do not tie a specific IP address to a specific visit.

You will be required to provide Personal Data in the event that You wish to contact IndustrialMachines.net Ltd, via the ‘Contact Us’ form; via Telephone, Email, registering to receive our Newsletter (further information regarding this provided below); and Placing a Bid at auction.

Subject to the qualifications immediately below, IndustrialMachines.net undertakes to collect Your Data from You and not from other parties. This undertaking is qualified as follows:

  1. Where IndustrialMachines.net reasonably considers that the protection of its financial interests requires that it gather Your Data from other sources, or from additional sources. This applies in particular where IndustrialMachines.net has a lending exposure to You, and seeks information about Your creditworthiness, to ascertain risk.

Where IndustrialMachines.net collects Your Data from sources other than You, it undertakes:

  1. To do so only by legal means; and
  2. To declare to You what sources it uses, and under what circumstances.

IndustrialMachines.net undertakes to declare the purpose of collection in a manner which is clear and meaningful.

Cookies

Cookies are usually small text files, given ID tags that are stored on Your computer's browser directory or program data subfolders. Cookies are created when You use Your browser to visit a website that uses Cookies, to keep track of Your movements within the site, help You resume where You left off, remember Your registered login, theme selection, preferences, and other customisation functions. The website can store a corresponding file (with the same ID tag) to the one they set in Your browser, and in this file, they can track and keep information on Your movements within the site and any information You may have voluntarily given; while visiting the website; such as an email address.

Cookies are often indispensable for websites that have huge databases, need logins, have customisable themes or other advanced features.

Cookies usually don't contain much information except for the URL of the website that created the Cookie, the duration of the Cookie's abilities and effects, and a random number. Due to the little amount of information a Cookie contains, it usually cannot be used to reveal Your identity or personally identifying information.

Standard Uses for Browser Cookies

Website servers set Cookies to help authenticate the user, if the user logs in to a secure area of the website. Login information is stored in a Cookie, so the user can enter and leave the website without having to re-enter the same authentication information over and over.

Session Cookies are also used by the server to store information about user page activities, so users can easily pick up where they left off on the server's pages. By default, web pages really don't have any 'memory'. Cookies tell the server what pages to show the user, so the user doesn't have to remember or start navigating the site all over again. Cookies act as a sort of “bookmark” within the site.

Cookies are NOT viruses. Cookies use a plain text format. They are not compiled pieces of code, so they cannot be executed nor are they self-executing. Accordingly, they cannot make copies of themselves and spread to other networks to execute and replicate again. Since they cannot perform these functions, they fall outside the standard virus definition.

References
AllAboutCookies.org - http://www.allaboutcookies.org

Mailing List (Newsletter)

As part of the registration process in order to receive our auction e-newsletter, we collect Personal Data including Email Address, First Name, Surname (Last Name), Company Name and Country. Additional information which is supplied as part of the registration process (Auction Account Registration), is not used in relation to the e-newsletter, it is only for Bidding/Account purposes. During the registration process, you will be provided with the option to receive our e-newsletter by way of a tick box (this is optional).

We store this data securely within our database and we never sell, rent or trade our email lists with any other organisation. We will use Your email address for the purpose of sending You our e-newsletter/s which You have requested to receive. You can opt out or update Your preferences of future mailings at any time, by using the ‘Unsubscribe’ link provided on the e-newsletter, within Your Auction Account; or by using our ‘Contact’ form via the website. We gather statistics in relation to clicks and email opening, using industry standard technologies to help us monitor and improve (where possible).

From time to time in addition to our auction e-newsletters, we work alongside other companies (our Marketplace Advertisers) and will market equipment on their behalf to our database. E-Newsletter’s relating to the Marketplace equipment are sent monthly; if the option to receive Marketplace Trade Updates has been selected at registration; or a later time within Your Auction Account. Equipment advertised will be relevant to the industries which You have selected as being related to Your business. At no point will external companies have access to our database and/or email lists, and all emails are sent from IndustrialMachines.net directly. Our company logo and text stating we are associated with the email will be present, so You can be assured of the data handling.

Auction Account Registration

For companies who are interested to place a Bid and purchase equipment from an auction advertised on IndustrialMachines.net Auction website, Personal Data for the purposes of account set up, and potential future billing is required. There is a one-step registration process which is provided via a web form. The information provided will include:

  1. Title
  2. First Name
  3. Last Name (Surname)
  4. Email Address
  5. Company Name
  6. Street
  7. City/Town
  8. Post/Zip Code
  9. Location (Country the Company Resides in)
  10. Telephone
  11. IP Address & Date/Time of Registration (will be provided to us within the email notifications automatically)

This data may or may not be sufficient to identify You.

This information is stored securely within our database and is used solely for the purpose of Bidding and Billing in relation to the LOTS advertised at auction. In the event that the Seller of the assets is not IndustrialMachines.net Ltd, winning Bidders information will be provided to the Seller for the purposes of generating a Sales Invoice; and to discuss the collection of the assets. In the event this will happen, it will be detailed as such on the Sale Information page.

Data can be updated at any given time, either directly within the Auction Account, or a request can be made to IndustrialMachines.net via the telephone number or Contact Form to action this.

At any time, we can provide information upon request as to what Personal Data we hold. In addition, data can be erased upon request, subject to ensuring that the removal of such data will not cause a detrimental effect on IndustrialMachines.net; namely, if such data is present in our ‘Ban List’, which is in place to prevent abusive behaviour being carried out (further information provided below).

In the event You request for Your account to be deleted, data will be removed from the website and database; and future access will not be possible.

Links to Other Websites

Our website contains links to other websites, with which we have no control; and cannot be held responsible for the protection, and privacy of information that You provide; while visiting those sites/contacting those companies. External websites are not governed by this Privacy Policy. IndustrialMachines.net will not offer any assurances or accept any responsibility for the way in which an External company handles Your Data. If You require further information as to how these sites use Your Data, You will need to refer to each website’s own privacy statement.

Ban List / Blocked Data

At IndustrialMachines.net certain guidelines are set out for using our platform, whether it be for advertising; or contacting our Sellers/Advertisers for the purpose of intent to purchase equipment and placing a Bid at auction. These Terms are set out in our Terms of Use.

Should any User act in a way we feel is abusive, harmful or inappropriate, we will without prior notice, add Your Data to our Ban List. Data which may be included is as follows:

  1. Name
  2. Company Name
  3. Telephone
  4. Email Address
  5. Website
  6. IP Address

If You are a Buyer at auction, it will also result in the data being archived, so that we can be notified if a further attempt to Bid is made; and subsequently block this action. The Ban List is in place to ensure that abusive behaviour will not be carried out which could otherwise cause offense or be detrimental to the operation of IndustrialMachines.net. Data within the Ban List will be retained for as long as we deem necessary, which may be indefinite.

Date Security

IndustrialMachines.net undertakes to store Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level appropriate with its sensitivity. Access to the database is via a secure login, which only key employees are privy to.

IndustrialMachines.net undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level appropriate with its sensitivity. Access to the database is via a secure login, which only key employees are privy to.

IndustrialMachines.net undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by IndustrialMachines.net's staff-members and contractors These include:

  1. Training for staff in relation to privacy
  2. Access Control - To limit access to Your Data to those staff and contractors who have legitimate reasons to access it
  3. Reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour
  4. Declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
  5. Clear communication of policies and sanctions

Data Use

Use refers to the application of Your Data by any part of IndustrialMachines.net , or any staff-member or contractor working on behalf of IndustrialMachines.net. IndustrialMachines.net undertakes to use Your Data only for:

  1. The purposes for which it was collected
  2. Such other purpose as are subsequently agreed between IndustrialMachines.net and You
  3. Such additional purposes as may be required by law . In these circumstances, IndustrialMachines.net will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
  4. Such additional purposes as are unauthorised by law (in particular to protect IndustrialMachines.net's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil Your undertakings to IndustrialMachines.net or have committed a breach of the criminal law)

IndustrialMachines.net undertakes to use Your Data only if it has demonstrable relevance to the particular use to which it is being put.

IndustrialMachines.net undertakes to use Your Data in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose , e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.

Data Disclosure

Disclosure refers to making Your Data available to any party other than IndustrialMachines.net and You. The term disclosure may include many different conditions of data transfer, including sharing and giving. IndustrialMachines.net undertakes to disclose Your Data only under the following circumstances:

  1. In the course of business being conducted between You and IndustrialMachines.net , where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, IndustrialMachines.net undertakes to ensure that the contractor's actions are compliant with these Terms
  2. In other circumstances that are directly implied by the purpose agreed between You and IndustrialMachines.net at the time of data collection or subsequently. Where Your Data is disclosed in this way, IndustrialMachines.net undertakes to ensure that the contractor's actions are compliant with these Terms
  3. With Your consent , or at Your request
  4. Where required by law , such as a provision of a statute, or a court order such as a search warrant or subpoena. In these circumstances, IndustrialMachines.net will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law
  5. Where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where IndustrialMachines.net believes on reasonable grounds that the disclosure of Your Data will materially assist in the protection of the life of health of some person), provided that IndustrialMachines.net will apply due diligence to ensure that the exercise of the permission is justifiable

In all cases, IndustrialMachines.net undertakes to disclose only such of Your Data as is necessary in the particular circumstances.

Data Retention and Destruction

Subject to the qualifications immediately below, IndustrialMachines.net undertakes:

  1. To retain Your Data only as long as is consistent with its purpose; and
  2. To destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered

This undertaking is qualified as follows:

  1. Your Data may be retained in IndustrialMachines.net's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles
  2. Your Data if present in our Ban List (as detailed above) will be retained for as long as IndustrialMachines.net deem necessary, which may be indefinite.
  3. Your Data for the purpose of review/reference will be retained in the form of email notifications once generated (Auction Account Registration, Sell Your Assets, Auction Registration, Newsletter Registration, Direct Message (Contact Form), Won LOT Notification, Auto Bid Notification, Outbid Notification).
  4. Your Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, IndustrialMachines.net:
    • Will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
    • Will only retain Your Data while that provision is current, and will then destroy Your Data
  5. Your Data may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect IndustrialMachines.net's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil Your undertakings to IndustrialMachines.net or have committed a breach of the criminal law). In these circumstances, IndustrialMachines.net will only retain Your Data while that situation is current, and will then destroy Your Data

Access by You to Your Personal Data

IndustrialMachines.net undertakes to provide You with access to Your Data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, IndustrialMachines.net undertakes to enable access:

  1. Conveniently
  2. Without unreasonable delay; and
  3. Without cost

IndustrialMachines.net undertakes to establish and operate identity authentication protections for access to Your Data that are appropriate to its sensitivity, but practical.

You can have access to the following information:

  1. The purpose of processing
  2. The Personal Data concerned
  3. The recipients to whom the Personal Data have or will be disclosed
  4. The right to request rectification or erasure of Personal Data (subject to such data being removed will not create a potential adverse effect to the operation of IndustrialMachines.net (as detailed above (namely the Ban List))
  5. Where Personal Data is not collected from You, any available information as to the source (e.g. for the protection of IndustrialMachines.net’s financial interests)

In the event that You dispute some aspect of Your Data, IndustrialMachines.net undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.

You undertake:

  1. Not to seek access for frivolous purposes, or unreasonably frequently;
  2. To accept that deletion of some data may not be consistent with the provision of particular services by IndustrialMachines.net to You

Information About Data Handling Practices

IndustrialMachines.net undertakes to make information available to You about the manner in which IndustrialMachines.net handles Your Data:

  1. In general terms, in a readily accessible manner; and
  2. In more specific terms, on request

Where Your Data is disclosed to a contractor, IndustrialMachines.net undertakes to make information available to You on request about the manner in which the contractor/s handle Your Data.
IndustrialMachines.net undertakes to ensure that the information provided is meaningful, and addresses Your concerns.
You undertake:

  1. Not to seek such information for frivolous purposes, or unreasonably frequently; and
  2. To accept that the disclosure of excessive detail may harm the security of Your Data and IndustrialMachines.net's business processes, and may harm IndustrialMachines.net's commercial interests

Handling of Enquiries, General Concerns and Complaints

If You have enquiries, general concerns, or complaints about this policy, or about how IndustrialMachines.net's handles Your Data:
To communicate them in the first instance:

  1. To IndustrialMachines.net only
  2. In sufficient detail
  3. Through a channel made available by IndustrialMachines.net for that purpose (Contact Form / Direct Email, Postal Address, Telephone)

IndustrialMachines.net undertakes:

  1. To provide one or more channels for communications to IndustrialMachines.net, which are convenient to users (highlighted above)
  2. To promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered
  3. To promptly provide a response to the communication, in an appropriate and meaningful manner

You further undertake to not pursue IndustrialMachines.net through any Regulator or any media (including Social Media) until and unless:

  1. IndustrialMachines.net has had a reasonable opportunity to respond to the initial communication; and
  2. while IndustrialMachines.net and You remain conducting a meaningful dialogue about the matter
  3. IndustrialMachines.net has exhausted all avenues to resolve the matter

Enforcement

IndustrialMachines.net declares that its undertakings in this policy are intended to create legal obligations , and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.

You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and IndustrialMachines.net, in particular the jurisdiction in which You live or in which You performed the relevant acts, and the jurisdiction in which IndustrialMachines.net is domiciled or performed the relevant acts.

If You wish to discover the relevant laws in any particular jurisdiction, IndustrialMachines.net draws Your attention to the following resources:

  1. WorldLII Privacy Links
  2. Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
  3. Privacy Law Sourcebook 2004, EPIC, Washington DC
  4. The Australian Privacy Foundation's pages:
    1. International Instruments Relating to Privacy Law
    2. Privacy Laws of Countries of the World
    3. Privacy Laws of the Commonwealth of Australia
    4. Privacy Laws of the States and Territories of Australia
    5. Privacy International

Changes to These Privacy Undertakings

IndustrialMachines.net undertakes:

  1. Not to materially change this policy in a manner that reduces the protections for Your Data
  2. To take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially this policy applicable to Your Data in a manner that reduces the protections for Your Data;
  3. Where it is considering making changes to this policy, or creating a more specific policy relating to specific services, to make the updated policy readily available at any time via IndustrialMachines.net Auctions.
  4. To maintain prior versions of this policy in such a manner that they are dated, and readily accessible.

Definitions

IndustrialMachines.net means IndustrialMachines.net Limited including www.IndustrialMachines.net

Your Data / Personal Data means data that is capable of being associated with You, whether or not it includes an explicit identifier such as Your Name or Email Address. In particular it encompasses all data that IndustrialMachines.net is capable of correlating with You, using such means as server-logs and cookie-contents.

Your Data does not refer to data that can no longer be associated with You. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.

Consent means Your concurrence with an action to be taken by IndustrialMachines.net. Consent may be express or implicit, but in either case must be informed and freely-given.

By clicking "Create Account" I agree that I have read the Privacy Policy and
accept IndustrialMachines.net Auctions Terms and Conditions.