Terms and Conditions

1. Who we are

The Platform is operated by Machinery Planet FZ LLC, a company registered in Dubai, United Arab Emirates, with its registered office at Jumeirah Lake Towers, Cluster R, Unit R6, Dubai, United Arab Emirates ("Machinery Planet", "we", "us", "our").

You can contact us at any time at [email protected].

2. Our role as a marketplace

Machinery Planet is an online marketplace. We provide a venue where sellers can advertise heavy machinery, trucks and related equipment, and where buyers can find that equipment and contact sellers. Except where we expressly state otherwise in writing, we are not the seller, owner, importer, exporter or agent of any equipment listed on the Platform.

Any contract of sale is formed directly between the buyer and the seller. We are not a party to that contract. We do not take title to equipment, and we do not guarantee that any transaction will be completed.

Sections covering the Pro programme and auctions describe additional services we may provide in specific circumstances. Those services do not change our general role as a marketplace unless expressly stated in those sections.

3. Eligibility and your account

• You must be at least 18 years old and legally capable of entering binding contracts.
• If you use the Platform on behalf of a business, you confirm you are authorised to bind that business, and "you" means both you and that business.
• You must provide accurate, current and complete information when registering, and keep it up to date.
• You are responsible for keeping your password confidential and for all activity that occurs under your account.
• You must notify us promptly at [email protected] if you suspect unauthorised use of your account.

We may require verification of your identity, business registration, or ownership of equipment before activating an account or publishing a listing. We may refuse, suspend or close an account at our discretion, including where we reasonably believe these Terms have been breached.

4. Listing equipment

When you publish a listing, you represent and warrant that:

• You own the equipment, or are authorised by the owner to advertise and sell it.
• The equipment is free from any undisclosed lien, finance, charge or third-party claim.
• All information you provide — including make, model, year, hours, condition, specification, location and price — is accurate and not misleading.
• All photographs and documents you upload depict the actual equipment offered, and you hold the rights necessary to use them.
• The listing and the sale of the equipment comply with all applicable laws, including export, import, sanctions and customs rules.

The number of listings available at no charge, and the features included at each tier, are stated on the relevant sign-up or pricing page at the time you register, and may change from time to time. Where a listing tier carries a fee, that fee will be disclosed before you commit to it.

We may edit, re-categorise, decline, suspend or remove any listing at our discretion — for example where it appears inaccurate, duplicated, miscategorised, unlawful, or where the equipment is no longer available. Removing a listing does not by itself entitle you to a refund unless stated otherwise.

5. Prohibited conduct

You must not:

• Post false, misleading, fraudulent or deliberately incomplete information about equipment, pricing or your identity.
• List stolen equipment, or equipment you are not entitled to sell.
• Circumvent, manipulate or misuse any fee, auction, escrow or verification process on the Platform.
• Use the Platform to send spam, unsolicited marketing, or to harvest contact details of other users.
• Scrape, crawl, copy or republish Platform content or listing data without our prior written consent.
• Introduce malware, attempt to gain unauthorised access to the Platform, or interfere with its normal operation.
• Infringe the intellectual property, privacy or other rights of any person.
• Use the Platform in breach of any applicable sanctions, export control or anti-money-laundering law.

6. Buying equipment and due diligence

Listings are prepared by sellers. While we take reasonable steps to maintain the quality of the marketplace, we do not independently verify every listing, and we do not warrant the accuracy, completeness or currency of listing information, including specifications, hours, condition, location or price.

Heavy equipment is a significant purchase. You are responsible for carrying out your own due diligence before committing to buy — including inspecting the equipment or commissioning an inspection, verifying ownership and documentation, confirming the seller's identity, and satisfying yourself as to import, export, transport, registration and compliance requirements in your jurisdiction.

Unless expressly stated in a listing, prices exclude taxes, duties, shipping, insurance, port charges and other logistics costs.

7. The Pro programme

Equipment marked "Pro" is offered under an enhanced service. Where a listing is offered under the Pro programme, the additional protections described on our Pro information page may apply, which currently include a pre-purchase inspection by an independent third-party provider, payment handled through a third-party escrow service, and a money-back guarantee ("Machinery Planet PROtect") allowing a buyer a defined period after arrival of the equipment to confirm it matches its description.

The exact scope, eligibility criteria, timescales and exclusions applicable to a Pro transaction — including the length of the inspection window and what counts as "not as advertised" — will be set out in the transaction documentation provided to you for that specific purchase. Where that documentation conflicts with this summary, the transaction documentation prevails.

Escrow services are provided by a third party under its own terms and conditions. We are not responsible for the acts or omissions of that provider, and your use of the escrow service is subject to its agreement with you.

Inspections express an opinion on the condition of equipment at a point in time. They are not a warranty, and they do not replace your own due diligence.

8. Auctions

Where the Platform advertises or facilitates auctions, additional auction terms — including registration requirements, deposits, bid increments, reserve prices, buyer premiums, payment deadlines and collection arrangements — will be published with the relevant auction or provided to you on registration.

A bid is a binding offer to purchase on the published auction terms. If you are the successful bidder, you must complete the purchase in accordance with those terms. Failure to do so may result in loss of deposit, suspension of your account, and liability for any resulting loss.

9. Fees and payment

Fees for paid listings, subscriptions, auction participation or other services are as published on the Platform or as agreed with you in writing before the service is provided. Unless stated otherwise, fees are exclusive of VAT and other applicable taxes, which will be added where required by law.

Fees already paid are non-refundable except where required by law, where we have agreed otherwise in writing, or where we withdraw a service we have not yet delivered. We may change our fees on reasonable notice; changes will not affect services already paid for.

10. Content you provide

You retain ownership of the text, photographs, documents and other content you upload. By uploading content, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (for example, to resize images), publish, display and distribute that content for the purposes of operating, promoting and marketing the Platform and your listings, including through search engines, advertising channels and social media.

This licence continues for as long as reasonably necessary after a listing is removed, to the extent content persists in backups, caches, archives or third-party indexes outside our control.

All other content on the Platform — including our branding, page layouts, software, data compilations and category structures — belongs to us or our licensors and may not be copied or reused without our written permission.

11. Availability of the Platform

We aim to keep the Platform available and accurate, but we provide it "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, secure, or free from viruses, or that defects will be corrected. We may change, suspend or withdraw all or part of the Platform, including any listing or feature, at any time.

12. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Subject to that, and to the fullest extent permitted by law, we are not liable for:

• The acts, omissions, solvency or conduct of any buyer, seller, bidder, inspector, escrow provider, transporter or other third party.
• The condition, quality, safety, legality, ownership, description or fitness for purpose of any equipment listed on the Platform.
• Any failure to complete a transaction, or any dispute between a buyer and a seller.
• Loss of profit, revenue, business, contracts, anticipated savings, goodwill, or data.
• Any indirect or consequential loss, however arising.

Subject to the paragraphs above, our total aggregate liability to you arising out of or in connection with these Terms and your use of the Platform is limited to the greater of (a) the total fees you paid to us in the twelve months immediately before the event giving rise to the claim, and (b) AED 1,000.

13. Indemnity

You agree to indemnify us against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your listings or content, your transactions with other users, or your breach of any applicable law.

14. Disputes between users

Disputes about equipment, payment or delivery are between the buyer and the seller. We are not obliged to intervene, mediate or resolve them. We may, at our discretion and without accepting liability, provide information reasonably necessary to help users resolve a dispute, or to assist a competent authority.

15. Suspension and termination

You may close your account at any time by contacting us. We may suspend or terminate your access to the Platform, remove your listings, or close your account where we reasonably believe you have breached these Terms, where required by law, or where continued access poses a risk to us or other users.

Sections which by their nature should survive termination — including those on content licences, limitation of liability, indemnity and governing law — continue to apply.

16. Privacy

Our Privacy Policy explains what personal data we collect, why we collect it, who we share it with, and the rights available to you. It forms part of your agreement with us and is available at /privacy-policy.

17. Changes to these Terms

We may update these Terms from time to time. The version published on the Platform is the version that applies, and the "Last updated" date at the top shows when it last changed. Where a change is material, we will take reasonable steps to notify registered users. Continuing to use the Platform after a change takes effect means you accept the updated Terms.

18. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. The courts of Dubai have exclusive jurisdiction, save that we may bring proceedings to protect our intellectual property or to recover sums owed in any competent jurisdiction.

19. General

• If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Our failure to enforce any right is not a waiver of that right.
• You may not assign your rights under these Terms without our written consent. We may assign ours on notice to you, for example on a restructuring or sale of our business.
• These Terms, together with the Privacy Policy and any transaction documentation, form the entire agreement between us in respect of the Platform.
• These Terms are drafted in English. Any translation is provided for convenience, and the English version prevails in the event of a conflict.