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TERMS AND CONDITIONS

Application of the terms and conditions

The present Terms and Conditions are applicable to the new and used machinery auction website and services offered by

Mister Machinery UK Ltd
Countrywide House
Battlefield Enterprise Park
Knights Way
Shrewsbury
Shropshire
SY1 3AB
UK
 
Company Registration:- 06791327 
VAT:- GB970835593

(referred to below as “Mister Machinery” or “we”) to the Users of Mister Machinery’s auctions, services and auction website (referred to below as “You” or “Users”).

By using our services and this website, you agree to be bound by the present Terms and Conditions. All documents, such as FAQ, company information, pricing, inspection reports, transport/shipping, auction results, privacy policy, service descriptions and information on fees are an integral part of these Terms and Conditions. The Terms and Conditions shall be deemed to be accepted by all users using Mister Machinery’s auction site. Any interested User must read and agree to the Terms and Conditions, including the documents and information available on Mister Machinery’s website.

Changes and corrections to the present Terms and Conditions and other affiliated or incorporated document may be posted at any time on the website by Mister Machinery without prior notification. The Terms and Conditions and documents applicable shall be those present on the website at the beginning of the relevant auction (for the Buyers) or at the time of the filling in of the Auction Form (for the Sellers).

Membership and registration

Our auction services are only available to individuals or companies duly represented by individuals (as designated by the company by-laws). These articles and all other relevant information may be requested by Mister Machinery in order to verify the accuracy and validity of the User’s identity. 

Registration for Buyers and Sellers will be completed using the appropriate form available on the website.

All Buyers established outside the European Union and private individuals within the European Union will be required to make a refundable £2,000 deposit to Mister Machinery as security for all transactions. This security may be retained by Mister Machinery to recover any amount due to Mister Machinery in accordance with these Terms and Conditions or to cover a User’s debt to us. The User ID and password communicated to you may not be transferred to another party, except for internal use by the company (e.g. persons authorized to represent the company). You unconditionally accept that all transactions, “Maximum Bids” messages and operations made with your ID will constitute legal and non-disputable evidence with respect to us and the third parties that they were made by you. 

We reserve the right to suspend or prohibit access to the website and the auction services to Users

(i) who do not comply with the present Terms and Conditions or any other conditions of use,
(ii) who are reasonably suspected of not fulfilling their obligations or
(iii) for any other reason that might justify such a suspension or prohibition.

Identity verification

We reserve the right to verify the accuracy of the information any User has provided us when registering on the site. If it appears that the applicant is not a true and documented person or company, we may deny such a User access to our services. Users will be informed of this decision and will be given the opportunity to prove otherwise.

Auction Services

Mister Machinery’s website is an internet based service that allows Users to buy and sell via an auction.

Mister Machinery acts as an auction house through its platform which facilitates actual and valid transactions between Buyers and Sellers. Mister Machinery does not take part in the transaction and only acts as an intermediary between the Seller and the Buyer during a “Certified Auction”, The automatic bidding system allows the bidders to enter the maximum amount they are willing to pay for the machine that they are bidding on. The system compares the bids to maintain or obtain the highest bid position.

Certified Auctions ("DO-IT-4U"): Mister Machinery acts as a sale intermediary and will sell the items in auctions in the name of and on behalf of the Seller. This service includes an Inspection Report drawn up by Mister Machinery, and the publication of the Inspection Report on the website. The auctions are held every 2 weeks, opening at 08.00 GMT on Tuesday and closing at 16.00 GMT Thursday in the same week. The items are available for viewing as soon as the contract is signed by the seller and we have carried out a preliminary inspection which will include display pictures. A full independant inspection report will be carried out and displayed on the website before the start of the allocated auction date.

When an item is consigned to Mister Machinery, Sellers will be charged a listing fee, (dependant on item/items) in order to commence advertising, carry out inspection report and handle all administration, communication, enquires and bank charges The listing fee is to be paid in advance and is non-refundable. The listing fee is only charged once per item.

All items have a reserve or starting price which will be the minimum price that an item will sell for (not including Mister Machinery charges). Items that fail to attract the starting price, can be relisted upto 3 times. Before the item is relisted for the 3rd time, the item may be subject to a re-valuation at the discretion of Mister Machinery.

End of Auctions – Payment and Removal

All purchases must be picked up from the Seller’s premises within 2 weeks of the auction closing date. All costs and risks of any such removal are the sole responsibility of the Buyer. Extra costs for the storage of machines not removed within the term mentioned above may be charged by the Seller to the Buyer. The Seller shall be responsible for the item until removal from the Seller’s location by the Buyer or until the last day for removal as indicated by the Seller. The Seller states that he shall maintain the item in the same condition as documented in the listing details and the online Inspection Report. The Seller indemnifies Mister Machinery from any claim arising from the non–fulfillment of this obligation. The Seller’s identity will not be automatically communicated to the Buyer, but can be obtained by the Buyer in the case of a dispute arising from a Certified Auction. The Buyer is responsible for the title transfers, freight and transportation costs relating to transportation of the item from the Seller’s location or designated location of the item. The Buyer may choose a third party to transport the item, Mister Machinery can also provide details of shipping / trabsport agents but we shall not be responsible for any act or consequences arising from such third party transportation.

All information about the transportation must be communicated to the Seller in order to enable the Seller to issue the necessary documents. Buyers may not transport any items until full payment (including any applicable sales tax) has been received by Mister Machinery. Insurance of the machine is the Buyer’s responsibility. All legal and necessary documentation for the transfer of ownership, including specific documents required for export and import, will be supplied by the Seller or by another party designated by the Seller. All export documents are the responsibility of the Buyer including all relevant charges. These documents are mandatory before removal of any item whether for export outside the European Union or for intra community sale.

The Seller authorises Mister Machinery to appoint a customs broker or to act on the owner’s behalf in preparing the customs documents necessary to release the items to the Buyer. All costs incurred in this regard shall be at the expense of the Seller.

Fees and Financial Conditions

Registration with Mister Machinery is free. Mister Machinery does not charge any Buyers fee. The Seller will be charged a commission by Mister Machinery at the rate listed on the Mister Machinery contract (the Commission) on the final bid price for the lot (Hammer Price) plus VAT (if applicable).

The fee policy can be changed at any time without prior notice. The cost of the listing fee shall be described in the Mister Machinery contract signed by the Seller. The cost of the listing fee shall be settled upfront, regardless of whether the machine will sell in the auction or not. If the Seller fails to comply with these guidelines they will incur a 10% interest on top of the original listing fee for every month payment fails to be received.

All fees are quoted in GBP, unless otherwise stated.

Users are responsible for paying all fees associated with using our service and the site. Users are also responsible for paying taxes (such as VAT) and all other costs involved with the transaction. All bids and offers must be net, excluding taxes with respect to the sale or purchase transaction. Each Buyer and Seller shall indemnify Mister Machinery against any tax penalty or expense relating to their failure to satisfy any tax obligation related to a transaction.

When the User has made a deposit with Mister Machinery, we reserve the right to use this sum for the payment of any debt owed by the User to Mister Machinery pursuant to the present Terms and Conditions.

Revocation

Without prejudice to the cases mentioned in the present Terms and Conditions, no revocation of the transaction after the end of the auction shall be accepted. All transactions processed after the closing of the auctions shall be definitive and non-refundable, apart from exceptional circumstances such as cases governed by law, mutual agreement of the parties or substantive violation of the present Terms and Conditions.

The following principles and penalties shall apply if Users do not respect their offers and transactions, or do not fulfill their obligations.

 Certified Auctions:

(i)    If the Seller withdraws any item before the auction start date, and decides not to put the item up for auction, the Seller shall pay Mister Machinery a penalty equal to 50 % of the sales commission calculated on the starting price.

(ii)   At the end of a Certified Auction, Buyers must pay Mister Machinery within 5 days of the closing of the Auction. After this 5-day period, and for the following 5 days (day 6 to day 10), the Buyer shall pay Mister Machinery a penalty of 25 Euros per day. Within 7 days of receipt of the payment from the Buyer, Mister Machinery shall remit the purchase price to the Seller, less the applicable commission. Payments are made by bank transfer only. If the payment is not processed after the 10-day period following the end of the auction as mentioned above, the Buyer shall be considered in default, the transaction will be canceled, and the Buyer shall pay Mister Machinery a penalty (“Default Penalty”) equal to 10 % of the amount of the transaction. This penalty will be equal to at least £ 2,000 or the deposit made by the Buyer. In the latter case, the Buyer unconditionally forfeits his deposit and acknowledges that Mister Machinery may use it as a Default Penalty payment. In addition, the Buyer may be barred from any use of the Mister Machinery website and services at Mister Machinery’s discretion. If a Buyer defaults, the Seller shall choose one of the following options:

- The Seller may offer the item to the second highest bidder. In this case, the second highest Bidder shall have 2 days to accept the proposal. If the second highest Buyer accepts the proposal, the transaction shall be processed according to the present Terms and Conditions and the Commission shall be paid and calculated on the basis of the second highest corresponding bid. If the second highest bidder does not accept the proposal, the transaction shall be proposed for settlement to the next highest bidders (2nd, 3rd, etc...) and the Commission shall be calculated on the basis of that Buyer’s bid.

- The Seller may choose to re-list the item for another auction within the next 30 days. In this case, the same guidlines and fees shall apply.

- The Seller may also choose to withdraw the item from auction with no penalty or commission to be paid.

(iii)    If the Seller does not release the item to the Buyer, the Buyer shall inform Mister Machinery thereof. In addition, the Seller shall pay Mister Machinery a penalty (forfeiture penalty) equal to 15 % of the highest bid, without prejudice to any other right or claim that could be raised against the Seller. This forfeiture penalty shall be equal to at least € 2,000. If the Seller defaults, the Buyer shall have the option of cancelling the transaction. If the Buyer chooses this option, Mister Machinery shall transfer 50 % of the forfeiture penalty mentioned above to the Buyer as compensation when Mister Machinery receives it from the Seller.

The Buyer may also choose to sue the Seller before the Courts for defaulting on the transaction. In this case, Mister Machinery shall provide the Buyer with the Seller’s details (identity, address, contact name).

Disclaimer

Mister Machinery acts only as an intermediary on behalf of the Seller during the “Certified Auction”.

Therefore, Mister Machinery will not act as a Seller and shall not assume any of the Seller’s responsibilities regarding the items sold on its site and the transactions performed in the auction process. Every item is sold as described and documented in the Inspection Report. Mister Machinery cannot be held liable for hidden defects that cannot be detected via the Inspection Report (such as, but not limited to engine failure, hydraulic failure, etc…)

Mister Machinery provides no guarantees or warranties in respect of the items sold on the platform. Mister Machinery does not have control over the quality, safety or legality of the items presented for auction by the selling party and cannot be held liable for these reasons. We are not involved in the actual transaction between the Users. We do not guarantee the ability of the users to actually complete the transaction or the ability of the Buyers to execute the payment of their purchase.

All representations made are to be considered as unqualified opinions, and no liability can be incurred to Mister Machinery based upon this information. The description of the items presented for auction by Mister Machinery is based on the information obtained from the Seller. Therefore we are not responsible for incorrect or misleading information placed on the site. We are only responsible for the correct communication of the description and information.

Mister Machinery provides no warranty concerning potential faults, errors, and deficiencies in any descriptions, authenticity, origin, age, condition or quality of the items being auctioned. The Buyer may make no claim against Mister Machinery for any reason related to the information displayed about the item.

Consequently, the Seller bears the responsibility for any technical defects, misrepresentation, non-conformity, damage, or fault that would affect the Buyer’s perception of the machine. Mister Machinery does not offer any guarantee that items listed will meet the Buyer’s expectations and requirements.

Mister Machinery renounces any endorsement of a warranty for any item sold on or through our service, and any responsibility for any misrepresentations or breaches committed by another User.

Inspection Reports

Inspection Reports are made by our independent inspectors and result in an inspection summary, a detailed component evaluation and various pictures of the item for sale. Therefore, Inspection Reports are additional information provided by our inspectors, based on their findings.

Inspection Reports are mandatory for Certified Auctions. They remain the property of Mister Machinery and cannot be used by Sellers for other purposes.

Mister Machinery cannot be held liable for the Inspection Reports unless the item purchased is not sufficiently in the condition as represented in the Inspection Report at the date of the report. Leaks and defects of any kind that were not in the Report cannot result in a claim by the User. The same applies for faults and defects that are beyond the scope of a general inspection. Inspection reports are not intended to detect latent or hidden defects, faults that could not be found when physically dismantling the machine, or to detect a wrong description that was made by the Seller.

In the case of fraud on the part of the Seller regarding the Inspection Report, the Seller shall be liable to Mister Machinery for any claim on the part of the Buyer or any third party that can be attributed to this fraud on the part of the Seller.

Mister Machinery inspectors make every effort to accurately describe items consigned using industry terms. However, since the terms can differ in some parts of the world, Mister Machinery cannot be held liable for the wrong interpretation or oversight by the Buyer.

We reserve the right to refuse inspection in certain cases, such as, but not limited to items in poor condition, difficulties in accessing the item, or when the inspection preparation conditions have not been met.

Liability

To the extent permissible by law, in no case shall Mister Machinery be liable for any damages or injury caused by equipment, nor for any damage directly and indirectly related to the use of the service offered by Mister Machinery, the transactions concluded in the auction process, its website and the content offered on it. Mister Machinery shall not be liable for transportation and carriage of the items, which are the sole responsibility of the third party performing the transport. Mister Machinery is not responsible for late payment or non-payment by the Buyers.

The total aggregate liability of Mister Machinery for all damages, losses and causes of legal actions arising from the present Terms and Conditions or the use of the site and the service will never exceed

(i) the Commission received by Mister Machinery for the relevant transaction, or

(ii) € 2,000  if no transaction has occurred.

Should Mister Machinery be required to take legal action, hire a lawyer, or call upon the services of a third party in order to enforce or claim a right arising from the present Terms and Conditions or from any other contractual or non-contractual relationship with a User, Mister Machinery shall be entitled to recover all costs arising due to this claim, such as – but not limited to – attorney fees, administrative costs, and all other costs resulting from Users not fulfilling their obligations.

Disputes

In the event that a dispute arises between a User and Mister Machinery, the parties shall try to resolve the dispute with an efficient and quick resolution procedure, such as a mediation procedure. If no solution can be found via mediation, the Users agree that the Courts of England and Wales applying English law have exclusive jurisdiction.

All claims related to the state of items listed/sold must be communicated to Mister Machinery within 48 hours following receipt of the item. All claims filed after the aforementioned day shall be barred and rejected.

Legal compliance

The User shall comply with all applicable laws, statutes, and regulations when using the offered services and when bidding on the website.

Mister Machinery does not guarantee that the items sold comply with the European Directive on Machinery nor that they are free to circulate in the European Union. Legal compliance of the item being auctioned shall be verified by the prospective Buyer. In no case shall Mister Machinery be liable for any misrepresentation or wrongful information made about the item.

No Agency

All Users declare that they are independent contractors. No agency, joint venture, partnership, employee/employer or franchisee/franchiser relationship is intended or created by using Mister Machinery’s auction platform.

Fraud and Manipulation – Terms of use

Without prejudice to any other actions, we reserve the right to suspend or terminate any User account if reasonable suspicion or evidence of fraudulent activity is found in connection with the auction platform.

No User may manipulate the price of any item in an auction, nor may any User interfere with other User's bids or transactions. Use of any robot or other automated means to access the website for any purpose is strictly prohibited. Users shall not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.

Intellectual property rights

All material, text, images, and other copyrightable material on the website are proprietary and protected by copyright, trademark or other rights. Users shall refrain from copying, reproducing, modifying, creating derivative works, distributing or publicly displaying any content from the website without the prior expressed written permission of Mister Machinery or the appropriate third party, if applicable.

Quality of services

We do not guarantee continuous, uninterrupted or secure access to our services, since they may be influenced by numerous factors outside of our control. Mister Machinery cannot be held liable for the non-performance of the services offered on the website.

Mister Machinery does not guarantee that the item, services and functions, features or content including the Inspection Report will be functional, timely, secure, uninterrupted or error free.

Miscellanous

If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

All Users agree that this agreement and all incorporated documents may be automatically assigned to a third party by Mister Machinery.

In the case of conflict between the provisions of the present Terms and Conditions, and the provisions of another document incorporated by reference into the Terms and Conditions, the latter shall prevail.

The present Terms and Conditions are governed by the laws in England and Wales. The Courts of England and Wales shall have exclusive jurisdiction over disputes involving Mister Machinery related to the services offered by Mister Machinery.

This Document and its conditions are the total contract between the parties and do not include any pre-contact exchange of letters or correspondence. In addition if there are to be any alterations to the contract then they need to be in writing and signed by both parties.

Privacy Policy

Mister Machinery recognizes the need to protect the confidentiality of the information that we obtain from you as you use the site. Mister Machinery is the controller of the data used for the purposes mentioned hereunder.

All required data is mandatory in order to register for our service. Data collected comprises of:

(i) data that you gave us when you registered with Mister Machinery services

(ii) IP address, browser type and version, referring URLs that you use when visiting our website

(iii) cookies used by Mister Machinery on its website

(iv) all other information that you voluntarily provide us with.

The data collected is used for the following purposes: use of the auction services offered by Mister Machinery, verification of your financial situation, registration purposes, security, proof of transactions, registration of transactions, commercial communications, improvement of the website, statistics, communication to the authorities at their request, communication to other auction participants to allow the processing of the auction. You may object to the use of your data for commercial and marketing purposes by sending an email to the address stated below. Your data will be kept safely within our company and will be accessed only by those responsible for it. Your data will not be communicated to other parties except upon request of the competent authorities or when necessary for the purposes outlined above (such as providing the auction service).

You may access, correct, update and/or delete any personally identifiable information or data, unsubscribe from mailing lists or terminate your subscription to our service by following the instructions on our site.

Alternatively, you may send us an e-mail at CustomerService@mrmachinery.com.