Terms & Condition
1. General Provisions
Machinery-user.com is an Internet based public marketplace that enables professionals to efficiently find, buy and sell machinery. Machinery-user.com provides you with the leading manufacturers' and dealers' latest selections and machinery from private sellers. Machinery-user.com acts as a link between potential buyers and sellers. The principal purpose of this web site is to introduce buyers and sellers. Any sale agreement on machinery that has been located through the web site is made solely between the buyer and seller. Machinery-user.com is not party to any such agreement. All information on particular machinery originates from the seller and not Machinery-user.com. Machinery-user.com is not responsible for and does not guarantee the performance or suitability of any machinery. The material that appears on the web sites is given for informational purposes only. Although we hope that all users of the web site will act with diligence and follow good practice, we cannot verify the information supplied. Before purchasing machinery you found on Machinery-user.com web site, you should confirm with the seller all information that is important to your purchasing decision. When buying machinery please use your own judgement in the same way you would when buying similar items through a newspaper advertisement.
Should you decide to purchase anything as a result of information obtained through Machinery-user.com, your contracting party would not be Machinery-user.com but the seller of such item.
To obtain access to Machinery-user.com services, you are required to a) give your contact details and other personal information by filling in a registration form provided online and b) agree to be bound by this User Agreement. Machinery-user.com retains the information you provided so that you may use the web site without having to re-enter your information. Only legally competent persons may register as a user of the web site. By registering as a user you confirm that the disclosed information is true and accurate and that you will promptly update any changes to the information under My Account on the site. Machinery-user.com has the right to refuse any future use of the web site if it has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. If you do not follow the terms and conditions of this User Agreement, Machinery-user.com may resort to any available legal action. As part of the registration process you are requested to select a password. It is your responsibility to preserve the confidentiality of the password and notify Machinery-user.com by e-mail of any known or suspected unauthorised use of the password. Until receipt of such notification you are responsible for all use of the user name and password. Each year after registration the next year’s registration will be automatically renewed and the fees for same will be taken unless you advise that registration is not to continue in writing.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable Irish Data Protection and consumer legislation in place. When you use this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .ie and .com), your browser type, the county and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
· Processing your orders;
· For statistical or survey purposes to improve this Website and its services to you;
· To serve website content and advertisements to you;
· To administer this website;
· If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When you create a shopping account while ordering online you will be given the option to receive information from Machinery-user.com by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line. Your Personal Information may be disclosed to reputable third parties who will help process your order. Machinery-user.com requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable Irish Data Protection and consumer legislation in place. We will not release your Personal Information to any company outside of Machinery-user.com for mailing or marketing purposes.
By inputting your information on Machinery-user.com you request that the information be published. A valid contract is made between Machinery-user.com and the user once we have verified and accepted your information. Machinery-user.com reserves the right to reject or withdraw any information at its discretion. Machinery-user.com will contact you by e-mail if your information is not fit for publication. Machinery-user.com may deny access to the web site for users that do not act professionally or in accordance with good practice. The preconditions for publishing are evaluated individually for each individual. It is your responsibility as the seller to give true and complete product information and its condition as well as all other details that might be relevant for a potential buyer in accordance with applicable law, administrative statutes and good business practice. You agree to be bound by the guarantee, price and other information supplied to the buyer. You are responsible for promptly answering all requests, messages and offers you receive. It is also your responsibility to remove information that you can no longer supply. Purchase offers received through the web site are not binding unless the offer contains full details on the material substance of the transaction, such as terms of delivery and payment. Due to data indexing times and security measures on Machinery-user.com, content may not be instantly visible online. Indexing times may vary according to server load. To ensure the security of our customers and visitors, content is checked for fraudulent, misleading and illegal content. This verification can take up to 72 hours, after which content will be visible on Machinery-user.com.
5. Prices and Terms of Payment
You may register as a user of the web site free of charge. Placing content on Machinery-user.com is subject to charge as specified in a price list that is valid at the time. The applicable rate of VAT will be added to all prices. Payments are made through bank transfer or by credit card. No content will be published before due payments have been made. Contract customers are invoiced for content in use on a monthly basis.
6. Product Information
All information on machinery found through the web site originates entirely from the buyer or seller. The seller alone has evaluated and given his opinion on the condition of the machinery. The evaluation is therefore not made by any impartial third party and Machinery-user.com does not take any responsibility for the truthfulness or accuracy of such evaluation.
7. Intellectual Property Rights
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8. Indemnity and Limitation of Liability
The contents of the site is provided "as is" and "as available". No warranty, either expressed or implied, is made in relation to the accuracy, reliability or contents of the site. Machinery-user.com will indemnify errors in services that are liable to charge if the error was caused by negligence on our part. We will either correct such error or indemnify the direct damage caused by the error. The choice between these remedies is to be made at our sole discretion and in any case the indemnification is limited to the price paid for the service. Machinery-user.com cannot be held liable for any indirect damages whatsoever or damages caused by circumstances beyond our reasonable control or originating from the user or any third party. We do not warrant that the site or the servers that provide it are free of errors, viruses or other harmful components. We reserve the right to alter the site or withdraw access to it at our sole discretion.
9. Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Machinery-user.com may at any time delete, modify or supplement the content of the web site without prior notice. We reserve the right to terminate, change, suspend or discontinue any aspect of the web site in whole or in part at our sole discretion. The web site may be temporarily unavailable for maintenance or other reasons.
11. Amendments to Agreement
Internet is an evolving medium. Machinery-user.com may change the terms of this User Agreement from time to time in which case we will post the revised terms on the web site. By continuing to use this service following such changes you agree to be bound by the amended User Agreement.
If you have any comments or improvement suggestions regarding the web site, please forward your comments and/or a copy of the material you believe to be inaccurate to the address in Contact Us along with an explanation of your objection or suggestion.
13. Invalidity of Provisions
If any provision or provisions of this User Agreement shall be held to unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
15. Force Majeure
A party may delay performance of an obligation under this Agreement if it cannot perform the obligation because of an event that is beyond its reasonable control and was not reasonably foreseeable when the Agreement was made. This event includes but is not limited to the following: strike, lockout, telecommunications failure, fire, theft, water damage, sabotage and vandalism.
16. Terms and Termination
These terms and conditions come into effect when you accept them and they are in force until further notice. Machinery-user.com may at any time and at its sole discretion deny access to the web site from a User that does not follow these terms and conditions or disturbs other users or the web site itself.
The headings of the clauses in this Agreement shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof.
18. Governing Law and Jurisdiction
This User Agreement and the relationship between the user and Machinery-user.com shall be governed by and interpreted in accordance with the laws of Republic of Ireland excluding its rules for choice of law. All disputes that cannot be solved amicably shall be finally settled by the courts of Republic of Ireland.
19. Trademark acknowledgments
All manufacturer's names are for reference only. Machinery-user.com is not affiliated with any of this companies.