Buyer Terms & Conditions

Machinery Planet DMCC / V001 / Version 1: 1st February 2021

1.  Scope and Implementation

These Buyer Terms & Conditions (the "Buyer Terms & Conditions") shall apply to and govern any offer and/or purchase by you (the "Buyer") of equipment ("Equipment") listed on the websites and online marketplaces operated by Machinery Planet DMCC, Jumeirah Lake Towers - Cluster R, Unit R6, Dubai, United Arab Emirates ("MP"; together with the Buyer the "Parties") under the domain www.machineryplanet.ae and any local country versions operated by MP (the "Marketplace").

Unless explicitly agreed otherwise by MP in writing, general terms, and conditions and/or other contractual documents issued or provided by the Buyer are explicitly waived and excluded.

The Buyer acknowledges that its contracting party for the purchase of Equipment is the third-party seller. Notwithstanding the foregoing, the Buyer acknowledges that all the Equipment will be offered by MP in the capacity of an undisclosed agency model on behalf of a third-party seller.

These Buyer Terms & Conditions apply in addition to MP's General Terms and Conditions for the Use of Websites and Marketplaces (the "Website Terms & Conditions"). In case of discrepancies between the Website Terms & Conditions and these Buyer Terms & Conditions, the terms of these Buyer Terms & Conditions shall prevail.

1. Order Process

2.1. Orders and Updated Offers

When submitting an offer to purchase the relevant Equipment, the Buyer submits a binding and irrevocable offer to purchase the relevant Equipment (the "Order"), without the right of the Buyer to cancel or retract the relevant Order, provided by these Buyer Terms & Conditions except when the third-party seller rejects the offer made by the Buyer.

The Buyer hereby acknowledges that such Order is subject to reconfirmation of the purchase price and availability of the relevant Equipment by the third-party seller (the "Confirmation") or transmission of a revised offer (the "Updated Offer") by the third-party seller.

Should an Updated Offer be transmitted to the Buyer, the Buyer may accept such Updated Offer within 2 Business Days. Updated Offers shall be deemed expired at the earlier of (i) the Buyer declining the Updated Offer or (ii) the failure of the Buyer to notify MP and third-party seller about the acceptance of the Updated Offer within 2 Business Days upon submission of the Updated Offer to the Buyer. “Business Day” shall mean any day on which the Banks in Dubai are open for business. Accepted Updated Offers are also subject to a confirmation by MP (hereinafter also referred to as “Confirmation”).

2.2. Binding Contract

A binding contract for the purchase of any Equipment shall be deemed concluded upon the Parties and the third-party seller signing the purchase confirmation contract either through documents of MP or of any third-party payment provider chosen by MP at its sole discretion.

2.3. No Warranties

MP provides a Money Back Guarantee, and it represents and warrants that the Buyer will, upon full completion of the purchase of Equipment in accordance with these Buyer Terms & Conditions and subject to full payment of the Purchase Price and any costs, taxes, and duties in connection with the delivery of the relevant Equipment to the Buyer's destination country, become the legal owner of the relevant Equipment, free and clear of any liens and encumbrances. Buyer acknowledges and agrees MP shall be exempt from and does not make any further implied or express representations or warranties, or provide any further guarantees, to the Buyer about any sold Equipment.

2.4. Inspected Equipment

All Equipment listed on the Marketplace are either self-inspected by the third-party seller (based on a pre-defined checklist provided by MP) or inspected by an independent third-party inspector. To ensure quality of the Equipment as advertised, MP shall conduct an inspection through an independent third-party inspector prior to the Equipment being loaded for delivery to the Buyer.

If the inspection report indicates faults in the Equipment which were previously not mentioned by the third-party seller and the cost to repair the fault is equal to or more than US$500.00 (US Dollar Five Hundred), MP shall stop the delivery of the Equipment and re-authorize the delivery only after these faults are fixed by the third-party seller.

If the fault identified is less than US$500.00 (US Dollar Five Hundred), MP shall notify the Buyer about the minor defects. The Buyer shall not have the right to reject the Equipment based on these minor defects.

 

2.5. Money Back Guarantee

The procedure detailed in this Section shall be known as the "Money Back Guarantee Procedure".

MP herewith agrees to cancel the binding contract agreed between the Parties and the third-party seller (as detailed in Section 2.2) regarding any Equipment purchased from MP (in each case the “Refund Equipment”) provided that the Buyer provides MP and the third-party seller with a written notice clearly specifying the reason for cancellation (the “Dispute”) within Seven[AAK1]  Business Days from the arrival of the vessel (the "Money Back Guarantee Period"), and subject to the following explicit conditions (the "Refund Conditions"):

1. Documents required to verify the Dispute including but not limited to an independent third-party inspector report and photos and / or videos must be provided to MP and third-party seller no later than 2 Business Days from the date of Dispute. MP reserves the right to request additional documents (if required) to verify the Dispute. Any such request to the Buyer must be fulfilled with 2 Business Days.
2. Ownership of the Equipment shall not have been transferred to another buyer.
3. The Equipment must be available for immediate re-inspection by MP upon request.
4. Until a Dispute Claim is resolved, the Equipment may not be used, rented, or leased and no changes to the condition of Equipment such as repairs, or disassembly may be made. Notwithstanding the foregoing, you may move the Equipment around the lot, load/unload the Equipment, and operate the Equipment to verify the reported inspection condition after receipt of the Equipment; provided however that such operation does not result in the use of the Equipment for more than the lesser of (a) three (3) hours or (b) five (5) odometer kilometers from what is reported in the Inspection Report issued by MP.
5. MP shall not be responsible for any incidental damage which does not negatively impact the standard operation of Equipment or substantially alter the value of Equipment.
6. MP shall not be responsible for Dispute Claims led due to changes in Equipment condition because of exposure to the elements, including damage that occurs during transportation. Without limitation, MP shall not be liable for failure of Electronic Control Modules for systems or components, electronic displays, or consumables (e.g. batteries, fluids, lights, belts, tires, brakes, bulbs, starters, alternators, Freon and filters).
7. Only substantial inaccuracies in the items reported in the Inspection Report issued by MP are covered. In addition to items not discoverable on a general condition inspection, specific items that are not covered include (a) conditions that can be identified only through the operation of a machine on a job site or under load capacity (e.g., digging, pulling, lifting, etc.), (b) operating the machine through the full range of speeds required to evaluate all forward and reverse gears, (c) replacement or addition of attachments to the machine, (d) disassembly, (e) use of diagnostic or test equipment to evaluate characteristics such as engine compression, and (f) electrical systems, hydraulic systems, and leaks of any kind (including fluid and tires), and (g) cosmetic damage which does not impact the performance or standard operation of the Equipment.
8. MP makes every effort to accurately describe Equipment using common industry terms. However, Equipment and options and attachments can be known by different terms in different parts of the country. You must refer to the pictures contained in the Inspection Report issued by MP to clarify your understanding of specific Equipment characteristics. MP is not responsible for any misinterpretation or oversight by you.
9. If available, model year, make, and model is taken directly from the data plate. If not available, MP makes a good faith effort to find the model year, make, and model using widely accepted serial number guide reference material. MP is not responsible for any conflicts in model year, make, and model from alternative sources in the marketplace. MP is also not responsible for any conflicts in model year and year of manufacture within any make of equipment.
10. Drivetrain operational tests are limited to low speed in a confined flat area without load. Differential interlocks, full transmission shifting, and functionality of all drive axles cannot be fully verified. Inspector listens for abnormal noises, observes leaks, and notes physical damage.
11. MP shall not be responsible for Equipment operating manuals or keys.
12. MP makes no guarantees as to the actual hours/kilometers on Equipment rather can only report what can be visually observed.
13. Dispute Claims filed on equipment with a price lower than US$500.00 will not be considered.

The Parties agree that any funds the Buyer has paid MP and / or any third-party payment provider decided by MP as payment of the Purchase Price for the Refund Equipment (in each case the "Funds") will only be returned to the Buyer after the Refund Equipment is back in third-party seller’s actual possession. In every event where MP agrees to cancel a contract after the Refund Conditions have been satisfied, MP will pay back the Funds to the Buyer by bank transfer within 15 Business Days of the third-party seller gaining possession of the Refund Equipment.

1. Purchase Price

3.1. Purchase Price Elements

The purchase price for any Equipment for which a binding contract is concluded in accordance with Section 2.2 (the "Purchase Price") shall be the purchase price indicated in the Confirmation. The Buyer hereby acknowledges that costs, taxes, and duties shall only be included in the Purchase Price if and to the extent specified on the Confirmation, as well as on the pro forma invoice.

3.2. Delivery Address

The Purchase Price is excluding any delivery costs to the Buyer. The Buyer acknowledges and agrees that the arrangement and responsibility of the shipment of the Equipment from the third-party seller premises to the Buyer will be at their cost.

1. Payment

4.1. Payment Terms

The payment of the amount specified on the Confirmation or Updated Offer due by the Buyer to the third-party seller shall be made within 3 Business Days upon receipt of the respective email from the payment provider chosen by MP. Upon receipt of the payment of the amount specified on the Confirmation or Updated Offer, MP will send a respective confirmation to the Buyer.

Upon expiry of the 3 Business Days’ payment period, the Buyer is automatically in default. Section 2.2 remains reserved.

4.2. Currency

The currency used for the transactions with the listing currency as USD (United states Dollar)

4.3. Method of Payment

MP will use the services of an independent third-party escrow service to ensure utmost security to the funds received from the Buyer. The funds will be secure in the escrow account for a period which is earlier of (i) confirmation from the Buyer that the Equipment received is as advertised and there are no disputes or (ii) Lapsing of the 10 Business Days inspection period from the time the Equipment reaches the Buyer.

4.4. Additional Fees

Any additional and outstanding fees such as for premium inspections are payable at the latest together with the payment of the Purchase Price.

1. Export, Import, and Transportation

5.1. Export & Import

The terms of this agreement do not cover the provisions of import and export regulations. The Buyer will ensure responsibility that the Equipment can be legally imported into their country of residence.

The third-party seller with the representation of MP shall be responsible to provide all the documents in their capacity to ensure a smooth trade process between the Parties. MP shall not be held responsible for any delay in the event of any documents which may not be available at the time on trade.

5.2. Transportation & Insurance

The Buyer is responsible to transport the Equipment from the third-party seller premises to the Buyer. The cost of transportation will not be covered in the price listed on the Marketplace unless specified.

The shipment terms will be Ex-Works (Incoterms 2020) and all risks associated with the transport will be covered solely by the Buyer. Transport Insurance (if required) shall be arranged by the Buyer at their cost. At no point shall MP or the third-party seller be held responsible for any transportation damages.

5.3. Confirmation of Receipt and Pictures

The Buyer shall confirm the receipt of the Equipment to the relevant transport company and to MP upon delivery. The Buyer shall be responsible to take pictures of the Equipment while still loaded on the delivering truck from every angle prior to unloading.

5.4. Transfer of Ownership

The transfer of ownership to the Buyer shall be executed by the transfer of the possession of the Equipment to the Buyer or the subcontractors designated on their behalf and hereby upon the loaded Equipment leaving the premises of a third-party seller or other location of the Equipment.

5.5. Unloading Delays

Should for any reason no representative of the Buyer be available for unloading the Business Days for Money Back Guarantee shall remain unchanged. The Money Back Guarantee shall continue to follow the provisions stated in 2.5.

5.6. Undeliverable and Abandoned Equipment

Should the Buyer not claim for delivery of the Equipment within 30 calendar days of the Equipment being ready for pickup from the third-party seller’s premises, MP may deem the Equipment abandoned and, without prejudice to any other remedy by law or by contract, take ownership of the Equipment and offer the Equipment for sale at any liquidation value MP deems appropriate.

MP shall be entitled to a commission of 50% of the gross proceeds resulting from such sale. The remainder of such gross proceeds, minus all additional transport and storage costs incurred, shall be kept by MP in escrow for the Buyer and be paid to the Buyer upon request.

1. Further Provisions

6.1. No Circumvention

For Equipment that the Buyer has first identified on the Marketplace as being for sale, the Buyer is prohibited from, without prior written consent of MP, contacting or attempting to contact any relevant third-party seller directly or indirectly other than via MP, or otherwise from attempting a purchase of such Equipment other than via the Marketplace. Should such purchase outside of the Marketplace occur, the Buyer is liable for any damages occurred to MP, including but not limited to the loss of any commission and costs for the listing and advertisement of the relevant Equipment.

6.2. No Uptime Guarantees

The Buyer acknowledges that MP neither guarantees that transmission of any Order, Updated Offer, or Confirmation is free of errors nor the continuous availability of the Marketplace.

6.3. Right to Delist

The Marketplace reserves the right remove any listed Equipment at any time and for any reason, without liability in case such of delisting.

6.4. Intellectual Property

Any intellectual property on all data generated by or disclosed on the Marketplace shall remain in MP’s exclusive property.

1. Indemnification

The Buyer agrees to fully indemnify MP against, and hold MP harmless for, irrespective of any fault of the Buyer, any damages suffered by MP and caused by any representations made by the Buyer under these Buyer Terms & Conditions not being true, correct, and accurate in all respects or the Buyer not complying with its obligations pursuant to these Buyer Terms & Conditions.

Where the Buyer makes any representations, warranties, and guarantees under these Buyer Terms & Conditions, the Buyers liability pursuant to this Section shall neither be qualified, nor be reduced or otherwise be limited by any actual or deemed knowledge by MP.

1. Miscellaneous

8.1. Taxes, Costs and Expenses

Unless otherwise provided in these Buyer Terms & Conditions, any and all taxes and other public charges imposed on one of the Parties in connection with these Buyer Terms & Conditions and the transactions contemplated hereby are to be borne by the Party on which such tax or public charge is imposed.

Unless otherwise provided in these Buyer Terms & Conditions, each Party shall bear its own costs and expenses arising out of or incurred in connection with these Buyer Terms & Conditions and all transactions contemplated hereby.

8.2. Amendments

MP reserves the right to amend these Buyer Terms & Conditions at any time with effect for any future purchases (i.e. purchases for which the Buyer has not yet submitted an Order).

8.3. Assignments

Neither Party shall be entitled to assign or transfer any rights resulting from a binding contract among the Parties for the purchase of Equipment or any of the rights or obligations thereunder to any third-party without the prior written consent of each other Party. Transfers or assignments in accordance with these Buyer Terms & Conditions shall remain reserved.

8.4. Severability

If any part or provision of these Buyer Terms & Conditions shall be held to be invalid or unenforceable, the other provisions of these Buyer Terms & Conditions shall nonetheless remain valid. In this case, the invalid or unenforceable provision shall be replaced (by court order, as the case may be) by a substitute provision that best reflects the intentions of the invalid or unenforceable provision without being unenforceable. The same shall apply in case of any gap in these Buyer Terms & Conditions.

8.5. Governing Law

The relationship between the Parties and/or these Buyer Terms & Conditions shall be governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. The Buyer agrees to submit to the exclusive jurisdiction of the Courts of Dubai. If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

8.6. Jurisdiction

Any dispute arising out of or in connection with the relationship between the Parties and/or these Buyer Terms & Conditions shall be exclusively referred to the courts competent for the city of Dubai, United Arab Emirates.

8.7. English Language

These Buyer Terms & Conditions may be translated into other languages; the English version however shall be the superseding and sole legally binding language version.