Mr. Machinery is a rental and Used marketplace for buyers and sellers to match their needs and execute on them for
the purpose of their choosing. A “seller” is a person who is interested in listing, renting out or selling equipment in Mr.
Machinery’s marketplace. A” buyer” is a person who is interested in renting or buying a machine from Mr. Machinery
Unless otherwise noted in your Agreement, the below terms and conditions will apply to all sales and rental of
equipment through a Marketplace. All references to "Equipment" in this Section C shall refer to equipment that the
seller is listing for sale or rent through Mr. Machinery.
1.Mr. Machinery Services:
1.1.Services of Mr. Machinery.
Under the terms of this Agreement, MR. MACHINERY offers you the use of the
applicable Marketplace, which functions as a platform on which you can list and advertise Equipment for sale to
potential buyers. Each party is acting on its own behalf, and MR. MACHINERY is not a party to the subsequent
binding obligation to sell/buy the Equipment that is entered into between you and the Buyer. Nor does MR.
MACHINERY represent either party in the transaction that results from use of the Marketplaces. In consideration of
your use of the Marketplace for the listing and advertising of Equipment for sale, fees as listed in Section D are
payable by you.
1.2. Listing Formats.
There are 4 listing formats available on the Marketplace:
A service where you can pick the machine you would like a book them for specified days.
1.2.2. Buy Now.
A service where you are able to list and advertise used Equipment at a certain purchase offering.
1.2.3. Make Offer.
A service where the seller receives an offer from the buyer.
1.2.4. Marketplace Direct.
A service where you are able to self-list, advertise and manage the sale of business
and surplus assets.
1.3. Commitment to Rent.
By entering into this Agreement for use of the Marketplace, you hereby extend an
irrevocable offer to rent the Equipment, as applicable, (a) To a buyer who has reserved the specified days and
finalized rental price (b) to a Buyer who commits to rental of Equipment at a certain price.
1.4.Rental and Scheduling.
For Online Rental, the seller will set the opening rental price for the Equipment,
unless the seller activates “Mr. Machinery” service called “DOIT4U”. Upon activating the “DOIT4U” service, Mr.
Machinery will make sure to manage your machine for a certain fee that entails Mr. Machinery Certification. The
procedure will be paid through an online payment gateway of our choice, details of the cost of the “DOIT4U” service
is prone to changes according to market. The service we provide under “DOIT4U” includes: 1) Inspection of the
machine 2) High quality photography of machine 3) Inspection of the machine.
Conclusion of Purchase; Bill of Sale. After agreeing to the rental conditions which include, price, date or
delivery, machine type and service requested from Mr. Machinery. The commitment of the buyer will automatically be
established and any cancellation will incur a fee on the buyer, which will be given to the seller. After agreeing on the
rental price, the rental commitment of buyer will be automatically accepted by you and a binding obligation to rent and
sell between you and Buyer is automatically created ("Binding Obligation"). All applicable terms and conditions of
this Agreement shall apply to the Binding Obligation. Further, for “Make Offer” listings, you may accept or counter an
offer below the Asking Price. In the event that you accept an offer or the Buyer accepts your Counter Offer (the
"Negotiated Price"), a Binding Obligation is created and all terms herein shall apply. Buyer and Seller will be notified
of such Binding Obligation by an email or other notification that is generated automatically by the Marketplace.
Subject to your receipt of payment for the Equipment, you, at your own expense, shall deliver a bill of sale, if
applicable, and such other documentation as may be reasonably necessary to transfer title to the Equipment to
Buyer. Unless otherwise agreed, the Equipment listing will only show your MR. MACHINERYSeller ID", but not your
formal identity, business name and/or address details. This information will only be provided to Buyer at the time a
Binding Obligation is reached.
1.7. No Guarantee on Proceeds.
There is no guarantee whatsoever on the proceeds that have come from Mr.
1.8. Equipment Availability.
Subject to MR. MACHINERY receipt of full payment and Buyer completion of any
additional, required documents, you and the Buyer will be notified that the Equipment is available for pick-up via an
email that is generated automatically by the Marketplace. You agree to have the Equipment available for
transportation, complete with ignition key, if applicable, to the Buyer no later than one business day after a Binding
Obligation is created. If the Equipment is not available, you will be subject to pay a Post-Closing Delay Fee. Further, if
you fail for any reason to release the Equipment to the Buyer after a Binding Obligation is created, you will be subject
to a Seller Default Fee in addition to any other rights or remedies that Mr. Machinery or Buyer may have.
2. Equipment Listings.
You may not list goods that are illegal to use or possess under any applicable law, rule or
regulation. MR. MACHINERY reserves the right, in its sole discretion, to (a) refuse to list any piece of Equipment at
any time; (b) withdraw any Equipment listing from the Marketplace; (c) review and verify a listing's information and
description; or (d) cancel any transaction that it deems to be suspicious or fraudulent and report it to applicable
authorities. The information you provide during the Equipment listing process, combined with the Inspection Report,
constitute the listing details for the Equipment (the "Listing Details"). You agree to fully, completely and accurately
disclose to MR. MACHINERY all information relating to the Equipment of which you are aware. Any information
(including brand name or other indication of origin or manufacture) that you provide related to the Equipment must be
complete and accurate, and you shall be responsible for any inaccuracies, errors or omissions. Equipment listings on
the Marketplace may not include links to or a description of other items that you may have for sale outside of the
Restrictions on Use.
3.1. Equipment Inspections.
For all requested inspections, you agree to permit MR. MACHINERY and/or its
authorized representatives to test and inspect each piece of Equipment at a time and place specified in the
Agreement or as otherwise mutually agreed. MR. MACHINERY shall produce an inspection report ("Mr. Machinery
Certified Inspection ") for each piece of Equipment inspected by MR. MACHINERY. MR. MACHINERY CERTIFIED
inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and
attachments. MR. MACHINERY CERTIFIED 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. The Seller has the right to hire Mr. Machinery to handle the logistics of the machine.
3.2. Ownership of Inspection Report.
The Inspection Report is the sole and exclusive property of MR.
MACHINERY. The Buyer or seller can request a copy of the inspection. Except as expressly stated, nothing in this
Agreement shall be deemed to grant to any other party, license rights, ownership rights or any other intellectual
property rights in the Inspection Report. You cannot use the Inspection Report for any other purpose without the prior
written approval from Mr. Machinery.
3.3. Restrictions on Use of Equipment.
From the time you provide listing details to MR. MACHINERY or an
inspection is performed by Mr. Machinery 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. In addition
to any other rights and remedies that Mr. Machinery may have, a breach of this provision prior to the creation of a
Binding Obligation for the Equipment may result in either of the following: (a) Mr. Machinery may remove the
Equipment from the Marketplace and charge you a Removal Charge; or (b) Mr. Machinery may continue with the
listing in which case if the Equipment was inspected previously by Mr. Machinery, you must have the Equipment re-
inspected and pay Mr. Machinery a Re-Inspection Fee. If the Equipment was not inspected, you must supply updated
Listing Details to Mr. Machinery and pay Mr. Machinery an additional Listing Fee. In the event of a breach of this
provision is determined by Mr. Machinery in its reasonable discretion and the Equipment has been sold through the
Marketplace, the transaction is subject to cancellation and you will be charged a Seller Default Charge in addition to
reimbursement of transportation and other costs incurred by Buyer.
4. Disclosure and Payment of Liens.
You are responsible for making full disclosure to potential Buyers of all
Encumbrances and third-party interests that may exist on or pertain to your Equipment. You will at your own cost and
expense warrant and defend title to the Equipment on behalf of the Buyer, its successors and assigns, against the
claims and demands of all persons. If required, you shall be responsible for the payment of any independent
equipment appraisals and documentation fees required to release such liens. You acknowledge and agree, and
hereby authorize, that Mr. Machinery may, in its discretion, discharge creditor claims or pay for such appraisals and
documentation fees and deduct the amount from the proceeds due to you. If your net proceeds from the sale of
Equipment listed on the Marketplace are insufficient to discharge creditor claims and costs associated with any
appraisals and documentation fees on the Equipment, you are fully responsible for paying the outstanding debt
balance immediately upon demand by Mr. Machinery.
5.1 Payment of Proceeds.
Once a Binding Obligation is created between you and Buyer, Mr. Machinery will
generate a third-party invoice that is issued to Buyer on your behalf. Buyer is responsible for paying you the purchase
price for the Equipment upon creation of a Binding Obligation, and you hereby instruct Mr. Machinery to facilitate
receipt of the purchase price. Further, you hereby grant Mr. Machinery the right, in its own name, to enforce your right
to payment. You agree that no monies shall be payable to you until paid by the Buyer. Once received by Mr.
Machinery, any monies due to you, net of any commissions and fees due Mr. Machinery as detailed in this
Agreement, shall be disbursed within 15 business days after creation of a Binding Obligation. You hereby consent to
Mr. Machinery's right to offset any other commissions and fees specified in this Agreement or that result from
additional services requested by you, with any remainder to be paid within 15 business days following receipt of an
invoice. You acknowledge that Buyers may fail to perform or pay on a timely basis and that Mr. Machinery shall not
have any liability to you for any act or omission of Buyers.
You shall be responsible for the payment of any tax or duty that is your responsibility as a seller of the
6. Your Options After Buyer Default.
If the Buyer fails to go through with the request and pay accordingly for the
equipment, you may at your own risk opt for any one of the following options:
6.1. Offer Equipment up for Rent or Sale again.
If another client is waiting to rent the equipment, you, the seller,
will be allowed to cancel previous transaction and proceed with opening up offers to other potential buyers.
6.2. Re-list the Equipment.
Within 30 days of buyers default, you may chose to re-list the equipment in the
marketplace without incurring any additional costs as a listing Fee.
6.3. Withdraw the Equipment.
You may choose to revoke the equipment from the marketplace without being
charged a penalty for doing so.
7. Return of machine.
If the renter defaults in returning the machine on time upon completion of set agreed terms
between the buyer and you, you may chose to either: 1) Report the situation to Mr. Machinery staff on
; 2) Extend the charges on the buyer to suit the default in returning the equipment; 3) Hire
Mr. Machinery to execute the delivery through a “DOIT4U” service.
7. Legal Disputes
LIMITATION OF LIABILITY.TO THE FULLEST EXTENT PERMITTED BY LAW, THE
MARKETPLACE PROVIDED BY OR THROUGH MR. MACHINERY IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MR.
MACHINERY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY
OTHER THEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS, ANY LOSS OF
GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF MR.
MACHINERY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES
7.2.English Controlling Language.
All performance under this Agreement and the resolution of disputes shall be
conducted in the English language. If a translation of this Agreement into any other language is required by law, the
English version will prevail to the extent that there is any conflict or discrepancy between the English version and any
translation. If this Agreement is provided to you in a language other than English, Mr. Machinery does so solely for
This agreement and any matter or dispute arising out of or related to the subject matter of the
agreement, shall be governed, construed, and enforced in accordance with the Laws of the State of the Republic of Ghana.
KEY BUYER POINTS
Mr. Machinery is a marketplace for used and new equipment that enables sellers to list and advertise their items for rent or sale to a global audience of buyers. The actual contract for sale is directly between sellers and buyers. Mr. Machinery is a marketplace for promoting equipment for sale and rent.
•You shall pay a Transaction Fee for each piece of Equipment that is purchased or rented from Seller while using Mr. Machinery's website on Mr.Machinery’s website.
•You shall remit full payment for purchased or rented Equipment and other amounts including, applicable taxes, duties, VAT, registration taxes and the Transaction Fee which may also include include a transportation selection in your account prior to paying for the Equipment.
•You agree to remove the Equipment no later than eight (8) business days after availability of the Item Release. Failure to do so may result in relocation and/or further storage of the item at your expense. Further, if you fail to remove the Equipment after sixty (60) days, the Equipment may be deemed abandoned and disposed of as Mr. Machinery may determine in its sole discretion.
•Delivery of the Equipment will take place from Mr. Machinery or the sellers Premises.
•Mr. Machinery can be hired to deliver the machinery to the buyers place with which you shall remit full payment of the service and a commission fee with be charged and given to MrMachinery.
•Buyers or renters can book a machine online by clicking “Book a machine” or “Send offer” which will allow direct communication between both the buyer and the seller.
•Dispute Claims under the Mr. Machinery Certification Policy® will need to be reported within 5 days of dispute with an email sent to: [email protected]
•A Default Fee shall be paid to Mr. Machinery if you default after conclusion of a Purchase or Rent Contract.
•A renter “Buyer” or buyer “buyer” becomes fully responsible for the equipment upon its arrival on the buyers premise and revoque all responsibility towards the Seller.
•The Buyer is responsible to maintain and make sure that the equipment stays in good conditions during the time of the rental period.
•The buyer, upon termination of the rental agreement has a logistical responsibility to return the Equipment to the rightful buyer or hire Mr. Machinery to carry out the logistics.
•Upon arrival of equipment to the Buyer’s premise, maintenance of the machine is dependent on what was agreed between the buyer and seller.
•All equipment that is uncertified is solely the responsibility of the seller. Mr. Machinery Certified Machines are the responsibility of Mr. Machinery and it is our priority to make sure the equipment is up to the highest standard.
The Key Buyer Points above provide an overview of the terms and conditions for participating as a buyer in Mr. Machinery's marketplace and are subject to the complete Buyer Terms and Conditions below.
BUYER TERMS AND CONDITIONS
These Buyer Terms and Conditions ("Buyer Terms") establish the terms of your use of Mr. Machinery's website and services purchase and rent equipment and other items ("Equipment"). The listing of items on the Marketplace is further referred to as an "Advertisement(s)".
1. ACCEPTANCE OF TERMS. Before you ("Buyer") attempt to buy any Equipment from a Seller through the Marketplace, Mr. Machinery requires that you read and accept the Buyer Terms. BY CHECKING ON THE SPACE NEXT TO "ACCEPT TERMS & CONDITIONS", YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE BUYER TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE MARKETPLACE AND PURCHASE OF EQUIPMENT. If you choose not to accept the Buyer Terms, you may not bid on or purchase Equipment by means of the Marketplace. If you have any questions, please contact us on [email protected]
2. MR. MACHINERY'S SERVICES
2.1. Services of Mr. Machinery.
Under the terms of this Agreement, Mr. Machinery offers you the use of the Marketplace, which functions as a platform on which Sellers can list and advertise Equipment for rent and sale to potential Buyers. Each party is acting on its own behalf, and Mr. Machinery is not a party to the subsequent Purchase Contract for Equipment that is entered into between a Seller and a Buyer. Nor does Mr. Machinery represent either party in the conclusion of such Purchase Contract.
2.2 Advertisement Period.
For all listings, users have control in posting, renting and selling equipment accordingly.
2.3. Notice to Marketplace Direct buyers.
Where a listing requires inspection of the Equipment, you should inspect the Equipment prior to bidding. Items offered for sale via Mr Machinery Direct are used and may contain defects. If you rent or purchase without having inspected the Equipment, you do so at your own risk. You or your agents are responsible for final verification of Equipment purchased at the time of removal.
2.4. Renting and Purchasing.
Equipment will be listed on Mr Machinery which can be rented or Purchased. Items listed on Mr Machinery may not always be in the best condition. All Mr Machinery Certified Equipment will guarantee a certain quality standard in the machine. A buyer, upon deciding to rent has committed to the machine and days for renting, changing reservations will cause a charge to be deducted and given to the seller.
2.5. Postponement and Cancellation.
Mr. Machinery reserves the right to withdraw, postpone or cancel any listing, or any rent or sale that results from a listing, in its own discretion, with or without notice. Mr. Machinery shall have no liability to you as a result of any withdrawal, postponement or cancellation.
2.6. Intellectual Property.
Mr. Machinery owns all right, title and interest in and to all data that is generated by the Marketplace, including, without limitation, data that is generated during a listing.
3. FEES AND TAXES
3.1. Transaction Fee.
For each piece of Equipment purchased from the Seller or renter through the Marketplace, you agree to pay a transaction fee ("Transaction Fee") if need be. Mr. Machinery may change or add fees from time to time, in its sole discretion, with or without notice to you. Other fees that may be payable by you are detailed on the Marketplace.
3.2. Payment and Payment Schedule.
You shall remit the Final Price, applicable taxes, duties, Value Added Tax or Vehicle Registration Taxes, Transaction Fees and any other required fees within three (3) business days after conclusion of the Rent or Purchase Contract. At Seller's option, receipt of the purchase price may be facilitated by Mr. Machinery, in which case Seller (as mandatory) would instruct Mr. Machinery (as a mandatory) so that Mr. Machinery can enforce the Seller's right to payment vis-a-vis the Buyer, and full payment of the amounts noted above shall be posted to a secure payment account designated by Mr. Machinery. All amounts that are due and payable must be paid prior to releasing any Equipment for pick-up or transport. After receipt of payment and completion of any additional, required documents, you and Seller will be notified that the Equipment is available for pick-up or will be delivered at a certain time.
3.3. Payment Authorization.
4. COMPLETION OF TRANSACTIONS
4.1. Removal of Equipment.
Depending on Condition of Purchase Contract, Seller or Mr. Machinery shall deliver the Equipment from Seller or Mr. Machinery premises to the identified Buyers location. If the seller will deliver, the seller will be responsible to dismantle, load and ship the Equipment for transportation, unless otherwise noted in the Equipment Listing. Equipment should be removed no later than eight (7) business days after availability of the Item Release unless otherwise stated in the Equipment Listing, after which you may be responsible for payment of Storage Fees, and in some cases payment of cost to transport Equipment to an alternate location, as detailed on the Mr. Machinery and incorporated herein by reference.
4.2. Liability for Equipment.
The responsibility and risk of loss for Equipment shall be and remain at the risk of Seller (and never of Mr. Machinery) until the earlier of: (a) your removal of the Equipment (or removal of the Equipment by your designated transportation provider); or (b) receipt by Seller of all proceeds from the sale of Equipment. Thereafter, the Equipment shall be and remain at the risk of you or your designated transportation provider (and in no event Mr. Machinery unless Mr. Machinery is the transportation provider).
4.3. Freight and Transportation.
You are responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination. These costs include dismantling, special handling, loading, transportation costs and permits required to move the Equipment. You may arrange transportation of Equipment on the Marketplace with one of our transportation partners; however, Mr. Machinery shall not be liable for any acts or omissions arising from any transportation arrangements unless Mr. Machinery is personally involved in transportation. Unless hired to take responsibility of transport of Machine. Mr.Machinery is only liable for transport if the client so requests our services online and accepts the terms.
4.4. Finalization of the Transaction.
You shall provide all relevant information with respect to the transaction by uploading the bill of lading, delivery and other requested documents by means of the Marketplace, in order to prove that you have fulfilled your obligation to remove the Equipment under the Purchase Contract or send the equipment to rightful location according Rental agreement.
4.7. Liens and Encumbrances.
Mr. Machinery will identify and arrange for the release of liens and encumbrances on the Equipment listed on the Marketplace. If for any reason Mr. Machinery is unable to clear the title to the Equipment, Mr. Machinery's sole liability, if any, shall be the return of any funds paid by you with respect to such Equipment.
5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH MR. MACHINERY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PIECE OF EQUIPMENT IS SOLD OR RENTED "AS IS, WHERE IS," AND NEITHER SELLER NOR MR. MACHINERY MAKES ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SELLER OR RENTER NOR MR. MACHINERY MAKES ANY WARRANTY THAT THE EQUIPMENT WILL PROPERLY FUNCTION OR OPERATE WHEN DELIVERED TO YOU NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER DELIVERY. MR. MACHINERY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF THE MARKETPLACE. IF YOU ARE DISSATISFIED WITH THE MARKETPLACE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MARKETPLACE.
5.2. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MR. MACHINERY OR SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF MR. MACHINERY OR SELLER, OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MR. MACHINERY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT, THE PURCHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE MARKETPLACE EXCEED, IN THE AGGREGATE, $100.00.
You agree to defend, indemnify and hold harmless Mr. Machinery, its affiliated companies and their respective officers, directors, employees, agents, successors and assigns ("indemnified parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs), made by any third party due to or arising out of (a) your breach of this Agreement, (b) your improper use of the Marketplace, including without limitation any personal injury, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from the Marketplace, or (c) your violation of any law or the rights of a third party. Furthermore, you agree to defend, indemnify and hold Mr. Machinery and its Seller harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) for any injuries to persons or property of any type, occurring during your or your agent's inspection of property, you or your agent's presence at a Seller's site. Mr. Machinery shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that Mr. Machinery, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed.
In the event that you have a dispute with one or more users of Mr. Machinery's Marketplace, you release Mr. Machinery (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. LEGAL DISPUTES
6.3. English Controlling Language.
All performance under this Agreement and the resolution of disputes shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this Agreement is provided to you in a language other than English, Mr. Machinery does so solely for your convenience.
6.4 Governing Law.
This agreement and any matter or dispute arising out of or related to the subject matter of the agreement, shall be governed, construed, and enforced in accordance with the Laws of the State of the Republic of Ghana,
6.4. Limitation Period.
YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
6.5. Improperly Filed Legal Disputes.
Any claims that are filed or brought contrary to this Agreement shall be improperly filed and of no force and effect.
Without limiting any other remedies, Mr. Machinery shall have the right to terminate your access to the Marketplace at any time, without notice, in Mr. Machinery's sole discretion for any reason, including, without limitation, if Mr. Machinery (a) determines that you have violated this Agreement or (b) is unable to verify your information. If you become dissatisfied with the Marketplace, in any way, your only recourse is to immediately discontinue use of the Marketplace.
8. AMENDMENT OF BUYER TERMS.
Mr. Machinery may, in its sole discretion, change, modify, add or remove any portion of the Buyer Terms, in whole or in part, from time to time with or without notice to you, by posting such changes on the Marketplace, which you agree is sufficient notice to you. Once posted such changes shall come into full force and effect. Your continued use of the Marketplace after changes are posted will constitute your agreement to such changed Buyer Terms. The Buyer Terms may not be otherwise amended except in writing signed by both you and Mr. Machinery.
Any notice to Mr. Machinery must be in writing and must be sent via email to [email protected]
with the title “Complaint”. Any notice to you shall be given by email to the email address provided to you during registration as an Approved Buyer, or as subsequently updated by you, or via posting on the Marketplace, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Marketplace. If you change your email address, you are responsible for updating your account profile.
This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written. In the event of any conflict between the Buyer Terms and the Site Usage Terms and Conditions, the Buyer Terms shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without Mr. Machinery's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.
SITE USAGE TERMS AND CONDITIONS:
The following Site Usage Terms and Conditions ("Site Usage Terms") establish the terms of your use of MrMachinery site and services;
1. CAPACITY TO CONTRACT.
The Site is available only to individuals acting in a professional capacity (non-consumers) If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on its or his/her behalf.
Registration is required to use certain features of the Site. MrMachinery reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a "Registered User") and to suspend or terminate your authorization to use the Site for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site, with the Buyer Terms and Conditions and Seller Terms and Conditions, respectively. You represent and warrant that (i) all information provided to MrMachinery is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that MrMachinery may contact you using the contact information you provide during registration. MrMachinery reserves the right, in its sole discretion, to disapprove of any application to list Equipment and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.
3. LOGIN ID, PASSWORD, SECURITY.
You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify MrMachinery immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. USER RESPONSIBILITIES.
You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Site in a manner that sends more request messages to MrMachinery servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.
5. USER INFORMATION AND PRIVACY STATEMENT.
MrMachinery has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see MrMachinery Privacy Statement, and incorporated herein by reference, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to MrMachinery Privacy Statement and, if you're located in the European Union, you expressly consent that MrMachinery may transfer, process and store your personal data within and without the European Union.
6. THIRD PARTY LINKS.
7. MODIFICATION AND AVAILABILITY.
MrMachinery may, at any time, delete, modify or supplement the content of this Site without prior notice. MrMachinery reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. MrMachinery may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
You agree that MrMachinery has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site.
9. SERVICE AVAILABILITY.
MrMachinery makes reasonable commercial efforts to make its Services and Site available. However, MrMachinery is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an Advertisement.
10. COPYRIGHT AND TRADEMARKS.
The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of MrMachinery or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from MrMachinery is strictly prohibited.
Without limiting any other remedies, MrMachinery shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in MrMachinery sole discretion for any reason, including, without limitation, if we determine that you have violated the Site.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES, PROVIDED BY OR THROUGH MRMACHINERY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHETHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MRMACHINERY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF MRMACHINERY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. GOVERNING LAW.
For users contracting with MrMachinery, the Site Usage Terms shall be governed by the laws of Ghana.
15. AMENDMENT OF SITE TERMS.
MrMachinery may, modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect..
Any notice to MrMachinery must be in writing and must be sent via email to [email protected]
Notice shall be deemed to have been given to you upon twenty-four (72) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by MrMachinery to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, MrMachinery does so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.
MrMachinery respects the intellectual property of others, and we expect our users to do the same. MrMachinery may suspend and/or terminate listings and/or the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should provide MrMachinery copyright agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MrMachinery Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
North Industrial Area, North Kaneshie PO Box 11140
By phone: (233)553400400
By email: [email protected]