Terms and Conditions
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 BVBA (headquarters)
2, Avenue Landas (Boîte 5)
1480 Saintes - Belgium
Tel : +32 (2) 367 19 89 // Fax : +32 (2) 366 40 75
VAT: BE0887.336.697
(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 and 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 available only 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 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 “ and “Make an Offer” 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, 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.
Users may also request Mister Machinery to ban another User. This request shall explain the reasons why the User should be considered for banning.
All Users may evaluate the Users with whom they have entered into a transaction. Evaluation of Buyers and Sellers made by Users shall not be subject to control by Mister Machinery, which shall not be liable for the content or correctness of such evaluations.
Identity verification
We reserve the right to verify the accuracy of the information any User has provided us by 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 traders to buy and sell machinery via an auction.
Mister Machinery acts as an auction house through its platform, which implies actual and valid transactions between Buyers and Sellers. Mister Machinery does not take part in the transaction and, regarding a “Certified Auction”, only acts as an intermediary between the Seller and the Buyer.
The automatic bidding system allows the bidders to enter the maximum amount they are willing to pay for the machine they are bidding on. The system compares the bids to maintain or obtain the highest bid position.
Two options are offered on the auction platform:
- Certified Auctions ("DO-IT-4U"): Mister Machinery acts as a sale intermediary and will sell the items in auctions in the name 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.
These auctions start as soon as the machine and its inspection report is published on the website (maximum 14 days before the auction ends). The precise auction ending date is mentioned in the Auction Form and on the auction site. - Standard Auctions ("DO-IT-YOURSELF"): Mister Machinery’s site will be a mere auction marketplace, and Mister Machinery does not act on behalf of the Seller.
These auctions will last from 1 to 14 days. The exact period of the auction shall be chosen by the Seller on the electronic form to be filled in when presenting an item for auction.
At the end of the auction period, if the Reserve Price (in the case of Standard Auctions) is met, the auction will be won by the highest bidder at the price he proposed (the “Hammer Price”). If you are the highest bidder (Buyer) at the end of the auction (and if the reserve price is met in the case of Standard Auctions), you are obliged to complete the transaction with the Seller. Bidders agree that manual or automatic bidding on the Mister Machinery website is the legal equivalent of a firm purchase order.
If the reserve price is not met (in the case of Standard Auctions), the Seller will have the choice of proposing a “second chance” auction, where the highest bidder will be offered the opportunity to complete the transaction, relist the item or of remove it from sale.
Participating in an auction constitutes a legally binding transaction offer. Consequently, placing a maximum bid, “Making an Offer”, winning an auction, or presenting an item for auction implies a legally binding obligation to purchase or sell the item at the end of the auction process.
By using our services (e.g. bidding on any item and presenting an item for auction), you accept to be bound by our Terms and Conditions.
We reserve the right to reject or void bids where we believe they have not been made in good faith, where we believe they have been made with the intention of manipulating the auction process, or where they are prohibited by law.
End of Auctions – Payment and Removal
All purchases must be picked up at the Seller’s premises within 4 weeks following the auction closing date, and all costs, responsibility and risk of such removal shall be borne by the Buyer. Extra costs for the storage of the machines not removed within the term mentioned above may be charged by the Seller to the Buyer.
The Sellers shall be responsible for the equipment 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 equipment 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 in Certified Auctions. The Buyer is responsible for all title transfers, freight and transportation costs related to transporting from the sale or equipment location. The Buyer may choose a third party from the Mister Machinery website to transport the machine, 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 allow him to issue the necessary documents. Buyers may not transport the Equipment 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 documents 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 authorizes Mister Machinery to appoint a customs broker or to act on the owner’s behalf preparing the customs documents necessary to release machinery to the Buyer, and all costs incurred in this regard shall be at the expense of the Seller.
Fees and Financial Conditions
Registration with Mister Machinery is free.
The Seller will be charged a commission by Mister Machinery at the rate listed on the website (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 or insertion fee shall be described in the Mr Machinery contract signed by the Seller. The cost of the listing fee or insertion 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 , it will lead to the collection of a default interest equal to 10% of the amount of the listing fee or insertion fee per month the fee hasn’t been paid
All fees are quoted in Euros, unless stated otherwise.
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 amounts involved with the transaction.
All bids and offers must be net, excluding taxes imposed 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, such as the payment of a default penalty.
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 the equipment before the auction start date, and decides not to put his 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 7 days of the closing of the Auction. After this 7-day period, and for the following 7 days (day 8 to day 14), the Buyer shall pay Mister Machinery a penalty of 25 Euros/day.
Within 2 weeks of receipt of the payment from the Buyer, Mister Machinery shall remit the purchase price to the Seller, less the applicable commission. Payments are by bank transfer only.
If the payment is not processed after the 14-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. In addition, the Buyer may be barred from any use of the Mister Machinery website and services.
After a Buyer default, 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 principles 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 deliver the item to the Buyer, the latter shall inform Mister Machinery thereof. In addition, the Seller shall pay Mister Machinery a penalty (forfeiture penalty) equal to 15 % of the highest bid obtained, 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.
In the case of Seller default, 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 if the penalty was actually collected 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,..).
Standard Auctions:
In the case of Standard Auctions, payment of the Commission shall not depend on the effective payment of the item by the Buyer and is due unconditionally if the reserve price is met or the item is sold.
(i) If the Seller does not deliver the purchased item, delivers an item that does not meet the description made by the Seller, or breaches any of the provisions of the present Terms and Conditions, the highest Bidder shall have the right to insert a negative evaluation of the Seller, without prejudice to any claim or right he might have against the Seller.
(ii) If the highest bidder does not complete the transaction (e.g. does not pay for the item), the Seller shall have the right to insert a negative evaluation of the Buyer. In addition, and without prejudice to any other right he might have against the Buyer, the Seller shall have the right to request a refund of the sales commission from the Buyer
Disclaimer
In the “Standard Auctions” procedure, the role of Mister Machinery is only to provide an auction platform where the parties can meet and conclude transactions. In the “Certified Auctions” procedure, Mister Machinery acts only as an intermediary on behalf of the Seller.
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 is, where is’ and as described 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 vehicles 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 lay opinions, and no liability can be incurred 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, genuineness, 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, broken pieces, or whatever defect that would hinder the use envisaged by the Buyer.
Mister Machinery does not offer any guarantee that the equipment will meet the Buyer’s expectations and requirements.
Mister Machinery renounces any endorsement of a warranty for any equipment 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 Mister 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 experts, 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 equipment purchased is not substantially 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 elements and inspection that are beyond the scope of a general inspection. Inspection reports are not intended to detect latent or hidden defects, elements 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 equipment 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
CERTIFIED AUCTIONS :
In the event that a dispute arises between a User and Mister Machinery, the parties shall try to solve 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 Brussels applying Belgian law have exclusive jurisdiction.
STANDARD AUCTIONS:
The Parties shall seek a resolution to disputes between themselves through an alternative dispute resolution procedure, such as mediation, as an alternative to litigation. The Users agree to report any claim or complaint to Mister Machinery, which can be appointed as the mediator.
If the mediation fails, the Parties shall solve their dispute by application of the relevant laws governing their relations and submit their case to the competent court according to national or international law.
All claims related to the state of the machinery must be communicated to Mister Machinery users within 48 hours following reception 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 franchiser-franchisee 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 can be 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 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 equipment, 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 of Belgium. The Courts of Brussels shall have exclusive jurisdiction over disputes involving Mister Machinery related to the services offered by Mister Machinery.
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 are mandatory in order to register for our service. Data collected are: (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.
The data collected is used for the following purposes: use of the auction services offered by Mister Machinery, verification of your financial situation, contacting the client for registration purposes, security, proof and registration of the 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 support@mrmachinery.com.