Seller Terms & Conditions
The following terms and conditions (the "Terms") apply to any Machinery Planet PRO listings between you (“Seller”) and Machinery Planet DMCC, Plot No: JLT-PH2-RET-R6 Jumeirah Lakes Towers Dubai United Arab Emirates (each a "Sales Agreement", collectively with the Terms, the "Agreement") and are in addition to the terms and conditions set out on the Machinery Planet Website.
These Listing Terms & Conditions apply in addition to Machinery Planet’s general terms and conditions for the use of the Website, accessible via the following link: https://www.machineryplanet.ae/terms-and-conditions/ (“Website Terms & Conditions”).
- Orders & Listings –
- Seller agree that Machinery Planet will be the Seller’s undisclosed sales agent.
- If the Seller desires to List Equipment with Machinery Planet PRO it agrees to provide to Machinery Planet with
- Seller’s official company name and company address and its trade license from the relevant issuing authority in its operating country.
- Lowest acceptable selling price (“Minimum offer price”) inclusive of Machinery Planet’s commission (Outlined in section below) and all taxes applicable.
- Complete accurate description of the equipment with details including (But not limited to) Year of manufacture, Mileage (Hours or Kilometers, miles), Model number, Serial number, and accurate description of the condition of the equipment.
- Seller agrees and acknowledges that all equipment will undergo a check by the Machinery Planet team and any listings that lack sufficient information will not be published online on Machinery Planet PRO
- If the equipment is sold via other means the seller agrees to inform Machinery Planet of the sale of the equipment and make sure the equipment is no longer advertised on Machinery Planet PRO.
- In the event the Seller fails to comply with its obligations as per section 2.4 and 2.5 above, the Seller shall pay Machinery Planet a contractual penalty of an amount equal to five percent (5%) of the Authorized Selling Price of the relevant Listed Equipment, payable within fifteen (15) Business Days upon issuance and delivery of a payment request by Machinery Planet.
- If the seller uses an automated feed (via XML, Json etc.) the above clause (2.5) is not applicable to them.
- Selling with Machinery Planet PRO
- The Offer of a Buyer contains an offer price inclusive of the Sales Commission (as defined in section 1.b). Machinery Planet shall provide the Seller with the Offer (“Offer Notice”), unless the Offer is, in Machinery Planet’s discretion, inappropriate, not qualified, not meant seriously or in case of other important reasons. The Seller is obliged to react within one (1) Business Day to Machinery Planet by either accepting the Offer (“Offer Acceptance”) or rejecting the Offer without any Counteroffer (“Offer Rejection”). Any Offer or is subject to the condition that the sales contract comes only into force upon Machinery Planet’s receipt of the full Buyer Payment.
- (i) Offer Acceptance: The Seller shall notify Machinery Planet together with the Offer Acceptance of a date on which the ordered Equipment can be inspected and picked up by Machinery Planet (“Pickup Date”), it being understood that the Pickup Date shall not be later than five (5) Business Days after the Offer Notice. Upon receipt of the Offer Acceptance and the Pick-up Date, Machinery Planet confirms the Offer to the Buyer and sends the Buyer a pro forma invoice (“Confirmation”).
- Machinery Planet shall be entitled to inspect any Equipment prior to its shipment and the payment of Selling Price (as defined in section 7) to the Seller to ensure that it complies with the Specifications. In the event that certain Equipment does not conform to the Specifications, in addition to any other remedies available at law and per the Listing Terms & Conditions, the Authorized Selling Price for such Equipment will be amended reasonably and Machinery Planet shall be entitled to cancel the applicable contract, Seller’s respective declarations of intent and/or any Offer Notice, Order Notice or Buy Now Notice.
- The Seller agrees to ensure all Equipment to be delivered to a Buyer is in a condition appropriate for shipment, and that any repair or cleaning cost resulting from an unacceptable condition will be borne by the Seller and may be deducted from the Selling Price as applicable according to Section 4.g;
- The Seller agrees to ensure that the usage indicators (such as engine hours or km) are accurately represented in the Specifications, and that the usage indicators represent the true usage of the Equipment;
- The Seller agrees to ensure that the Equipment is not used after Listing, except for the purpose of loading upon shipment to a Buyer;
- The Seller agrees to grant, and to the extent possible hereby grants, Machinery Planet the license and right to use any content, images and videos provided by it for advertisement of the Equipment on the Marketplace and any other media and shall procure that such use shall not infringe any rights of third parties; and
- The seller agrees to the 7 day inspection guarantee period for the buyer to inspect the machinery after delivery to their nearest port. Only after the buyer accepts the equipment is the payment released through escrow.com to the seller’s provided bank account.
- If the buyer claims the money-back guarantee on the basis of the fact that the equipment was not as the description provided by the seller , the Seller agrees to undertake all necessary actions for the rescission of the purchase contract, in particular taking back the Equipment from the buyer’s location and agreeing that Escrow.com shall refund the buyer with complete payment that was held by them. The Seller hereby agrees to such rescission.
- Representations, Warranties and Guarantees
The Seller hereby represents, warrants and that the below details are true, correct and accurate in all respects for the term of the Listing Terms & Conditions, :
(a) The Equipment (until sold to a Buyer) is owned by the Seller free and clear of any third party rights such as liens or any other encumbrances or obligations.
(b) The advertising or sale of the Equipment does not infringe upon any patents, trademarks or similar rights of any third parties.
(c) The Seller is solvent and has not entered into any preparations for insolvency or bankruptcy or other similar proceedings.
(d) The Equipment has been properly imported and is in free circulation in the country where the Equipment is located.
(e) The Equipment is certified in accordance with the legal requirements applicable at its location.
(f) The Equipment is in good and safe running condition, and the description and Specifications provided by the Seller for all Equipment is accurate.
(g) The Seller has disclosed to Machinery Planet, any and all major damages to the Equipment, the definition of a major damage being any damage with a repair cost in excess of USD 500 (five hundred dollars).
(h) The Equipment is free from any major fluid leaks, cleaned and transport ready for transport by truck and vessel by common standards. The Seller has disclosed any other fluid leaks even if considered as minor.
(i) The Equipment is free of hazardous materials other than normal operating fluids.
(j) Any self-inspection of the Equipment has been carried out in good faith.
- Machinery Planet (via Escrow) will pay the Selling Price exclusive to Machinery Planet’s commission and applicable taxes to the Seller within five (10) Business Days of buyer’s acceptance of the equipment after the inspection period, subject to the remaining terms of the Listing Terms & Conditions, by wire transfer to the Seller’s bank account, for which the Seller shall provide the appropriate information to Escrow.com through Escrow.com website.
All transactions under this Agreement shall be conducted in USD (United States Dollar).
- Sales Commission
Where any Listed Equipment is sold via Machinery Planet PRO, Machinery Planet is entitled to a sales commission (“Sales Commission”) of:
- (a) Three (3%) of the Selling Price for Listings with an expert inspection arranged by Machinery Planet
- Inspections and restrictions on use after inspection or listing on Machinery Planet PRO
- For all requested inspections, you agree to permit Machinery Planet and/or its authorized representatives to test and inspect each piece of Equipment at a time and place specified in the Sales Agreement or as otherwise mutually agreed. Machinery Planet shall produce an inspection report ("Inspection Report") for each piece of Equipment inspected by Machinery Planet.
- Machinery Planet inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments. Machinery Planet inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Equipment or the use of diagnostic equipment or techniques. Your failure to properly maintain the Equipment from the date of inspection until its removal from your location by Buyer will void the inspection. If you alter or perform repairs or other maintenance to the Equipment after the inspection, another inspection will be required, and you will be subject to a Re-inspection Fee.
- Restrictions on Use of Equipment : From the time you provide listing details to Machinery Planet or an inspection is performed by Machinery Planet until the Equipment is removed from its location by or on behalf of Buyer following creation of a Binding Obligation, you may not operate, lease, rent, modify or alter the Equipment.
- Disclosure and Payment of Liens. The “Seller” is responsible for making full disclosure to potential Buyers and Machinery Planet of the condition of the equipment and any known faults/defects thereof.
- Taxes. The Seller shall be responsible for the payment of any tax or duty that is applicable on the sale of the Equipment. All commissions, fees and other amounts payable to Machinery Planet arising pursuant to this Agreement are deemed to be exclusive of any taxes. (if applicable).
- Transportation, Transfer of Title deed
- The buyer is responsible for the cost of transfer of the equipment from the seller’s location to their location. Any communication with the seller with regards to transportation cost is outside this agreed.
- Any documentation for transfer of title deed or export documents are not provided as a service through Machinery Planet. Any communication with the seller with regards to transportation cost is outside this agreed.
- Non circumvention
The Seller agrees not to contact, not accept any contact from, and to inform Machinery Planet of any contact made by a prospective Buyer or a Buyer (each a “Contact”) identified and/or introduced (as applicable) by Machinery Planet via the Machinery Planet website, and shall refrain from taking any action that directly or indirectly leads to a sale to the Contact off the Machinery Planet Marketplace without the prior written approval of Machinery Planet (to be provided in its absolute discretion).
The Seller (the “Indemnifying Party”) shall indemnify, defend, and hold harmless Machinery Planet (the “Indemnified Party”), its employees, officers and contractors against any and all third party claims or demands for damages, liabilities, losses, actions and/or suits, including reasonable attorney’s fees and court or arbitration costs (hereinafter referred to as “Losses”) arising directly or indirectly as a result of the Seller’s breach of a provision of the Listing Terms & Conditions or breach of a warranty by the Seller given herein, except to the extent that any such Losses are directly caused by the gross negligence or intentional misconduct of Machinery Planet.