GENERAL TERMS AND CONDITIONS

1. Introduction: The following terms and conditions apply to using, listing,bidding,buying and selling on www.machinesonline.co.uk (formerly known as“bid4machinery”) The website owned and operated by Datumpoint Ltd (“The Company”). The site is operated as a platform for buyers to be introduced to sellers. The company and bid4machinery are only acting as agent and do not assume the role of principal in any online transaction. These terms apply equally as "machinesonline" where reads "bid4machinery"

These are the terms and conditions ("Terms and Conditions") applicable to the services (the "services") provided on, and the use of, the machinesonline site. By accessing the bid4machinery site, using the services or by registering as either a buyer or a seller ("User(s)") regardless of your physical location, you agree that:

(1) you have read these Terms and Conditions;

(2) you understand these Terms and Conditions; 

(3) you are bound by these Terms and Conditions in your use of the the machinesonline site.These Terms and Conditions refer to Online Auctions, Buy It Now, Fixed Price, RFQ (request for quote), Reverse Auction Format, Trade Format, collectively as "Online Transactions" as serviced by the machinesonline site.These Terms and Conditions, constitute the entire agreement between “The Company” and “the User” regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter and all other conditions whether express or implied at common law or by statute as are capable of lawful exclusion are hereby excluded. Nothing in this clause shall limit or exclude liability for fraudulent misrepresentation.The machinesonline site, Online Transactions and the Classified Adverts are only for use by persons acting within their trade or businesses and may not be used by consumers. We refer to any person offering to sell goods through the machinesonline site as a "seller" and any person offering to buy goods as a "buyer" regardless of whether any contract of sale is concluded. Neither machinesonline nor datumpoint intends to act as principal in any sale transaction and as such operates as auctioneering agent in accepting and passing on sale proceeds between buyer and seller. As such no right of title is deemed to pass to machinesonline or Datumpoint Ltd.

2. Usage (“User(s)”):

(1) RegistrationRegistration of each buyer is a prerequisite for submitting bids and offers for Online Transactions and in the Classified Advertising. Similarly, registration of each seller is a prerequisite for submitting sales offers or listing products in the Classified Adverts. The Users' registration form is posted on the machinesonline site.The User hereby warrants that all information provided to machinesonline on registration is true, accurate and complete and the User will immediately inform bid4machinery of all changes occurring during the use of the machinesonline site.

(2) Eligibility: Only businesses are allowed to use the machinesonline site and to participate in Online Transactions and post items in the Classified Adverts. The Online Transactions and the Classified Adverts

(i) may only be used for commercial transactions; and

(ii) may not be used for consumer transactions.To register as a seller or buyer on the machinesonline site you must provide your name, phone number, e-mail address and the name and address of the business you are acting for. machinesonline reserves the right to reject any registration in its sole discretion.By registering, the User represents, warrants and undertakes that it is or acts for a business and has given correct information about its business and contact details as requested in the machinesonline registration procedure and that it will notify machinesonline of any change in its registered details. machinesonline is not and cannot be held responsible for any errors or ommissions in the submissions by the user.

(3) Users' accounts: Users (Sellers and Buyers) are assigned an account name and password on registration. The Users are responsible for all actions taken under their account name and password and shall only use the machinesonline site using their own account name and password. Users must keep their password safe and shall not disclose it to any other person and shall not permit any other person to utilise their account details. Users are obliged to complete those transactions that occur using their account name and password, whether such transactions are authorised by them or not.

(4) Exclusion of Users and Rejection or Amendment of Bids and Offers: Without limitation to any other remedies, machinesonline may exclude any User from any Online Transaction or use of the Classified Adverts and block any registration if the User has breached or threatens to breach these Terms and Conditions or engages in any behaviour which machinesonline in its sole discretion regards as likely to have an adverse effect on the conduct of the Online Transactions, the Classified Adverts or the reputation of machinesonline. Furthermore, bid4machinery reserves the right in its sole discretion to exclude products from offers and to refuse acceptances, bids or offers as well as to discontinue Online Transactions or sales in the Classified Adverts or its services altogether at any time and/or from time to time.

3. Data Protection Policy: machinesonline shall transmit all information in connection with the registration, the posting of an offer/bid/acceptance and offers/listings of products to the other Users in any part of the world in the form and to the extent suitable for the execution of an Online Transaction or Classified Advert sale. All data produced or transmitted in connection with the execution of the Online Transaction or Classified Advert sale at or to machinesonline may be stored, used and transmitted as described in machinesonline's Privacy Policy which is detailed on privacy statement on the site.Users undertake that information concerning other participants and their employees, contractors or agents obtained through the machinesonline site shall not be used for sending unsolicited commercial messages or for any other purpose other than participation in Online Transactions and in the Classified Adverts or use of the machinesonline site.Users also agree that they will only use such information in accordance with applicable laws and regulations, including, without limitation, data protection and privacy laws.

4. Use of User Information on machinesonline.co.uk: To enable the machinesonline site to use information provided by the User, the Users grant machinesonline and, where applicable, The Company, on registration a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark and database rights the User has in any information provided and to do so in any media form whether now known or not currently known in order to provide the Services.

5. Fees: By registering on machinesonline and submitting listings to and or advertising items on the machinesonline site, the user agrees to pay on demand all fees and commissions due for such services. Such fees and commissions chargable shall be those posted and updated in the Fees section and obtainable on request from the company.

Fees and Commission structure are liable to be changed with no prior notification to users.

Fees are payable by Sellers to list auction items and advertise on the machinesonline site. Buyers and sellers acknowledge that a commission may be payable by each User. 

6. Billing

Buyers: The buyer should have ready funds available on the final day of the sale. A payment request showing Final Sale Value and Commission + UK VAT Standard Rate will be despatched by e-mail at the close of the auction with payment details. Payment is due immediately after the end of auction.

The Seller will clear goods for collection and issue a suitable tax invoice when cleared funds have been received.

All monies due are payable to Datumpoint Ltd (see payments)

Sellers: Invoices for fees and commission will be sent via e-mail to the registered e-mail of the registered participant. All bills so submitted are payable immediately as indicated on the invoice. Non payment of invoices may cause current and subsequent listings to be suspended or removed.

The Final Sale Value + VAT UK Standard Rate less any Fees and Commissions with VAT due on account will be paid by way of Bank Transfer or Cheque to the seller within 5 working days of receipt of Cleared Funds from the Buyer. Receipt of Payment gives the buyer clearance to despatch or clear goods for collection.

7. Payments: All payments are to be made in pounds sterling to Datumpoint Ltd by the following methods.

Bankers Draft, Bank Transfer, BACS or CHAPS 

We do not accept letters of credit, cheques, credit cards, debit cards or cash. and forwarded to

 Datumpoint Ltd. PO Box 15, Chinnor, Oxon, OX39 4AT, United Kingdom

All proceeds from item sales will be received into a protected client account. 

8. VAT or other taxes: Any price indicated on the bid4machinery site or agreed in an Online Transaction or in the Classified Advertising is stated exclusive of value added tax or any other applicable sales tax. Buyers in the Classified Adverts or in Online Transactions shall be responsible for paying any value added tax or other taxes which may be due on amounts owed by the buyers under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded.If goods are exported, tax refunds or zero rating may apply. Any application for refund of any tax is to be arranged between the buyer and seller. VAT levied on any request for payment from bid4machinery will have to be paid at the time of the request for payment.

EC Export Outside UK Tax refunds (if any) will be made by “The Company” subject to receipt of  (a) satisfactory proof of export by the buyer (Bill of Lading or Airway Bill) (b) the corresponding amount of tax refund from the relevant tax authority or the seller and (c) the relevant tax forms (if applicable).(d) The receipt of a valid VAT Number on Corporate Letter Heading relevant to the buyer. No Tax refund will be due if the satisfaction above is not met within 3 months of invoice date.

NON EC Export Outside UK Tax refunds (if any) will be made by “The Company” subject to receipt of  (a) satisfactory proof of export by the buyer (Bill of Lading or Airway Bill) (b) the corresponding amount of tax refund from the relevant tax authority or the seller and (c) the relevant tax forms (if applicable). No Tax refund will be due if the satisfaction above is not met within 3 months of invoice date.

9.EXPORTATION and SHIPPING DOCUMENTATION All export and shipping documentation is the responsibility of the buyer and seller. 

10. Third Party Rights A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms and Conditions.

11. Indemnities Each User agrees to indemnify and hold bid4machinery, the Company, subsidiaries and affiliates and their respective officers, directors, agents, partners and employees (the "machinesonline parties") harmless from and against any and all losses, demands, claims, damages, costs and expenses (including consequential losses or loss of profit, legal costs and expenses and value added taxes or equivalent or similar taxes thereon) and liabilities suffered or incurred directly or indirectly by the machinesonline parties arising from or related to:(a) the use by the User of the machinesonline site or the services; (b) any breach, non-performance or non-observance by the User of the obligations, warranties, representations and undertakings on the part of the User contained in these Terms and Conditions (including any Notice to Buyers incorporated by reference) or contained in the additional terms and conditions applicable to the Online Transaction in question;(c) the User's breach or the User causing a breach by any of the machinesonline parties of any legislation or law applying anywhere in the world;

(d) any breach of a third party's rights arising out of or in connection with any of the machinesonline parties' use of any information or intellectual property in anything provided by the User;

(e) any misrepresentation made by the User in connection with these Terms and Conditions, in its registration or otherwise in connection with any Online Transaction or the Classified Adverts;

(f) accident, injury or death howsoever arising, sustained by any person or persons who may attend at any premises for the purpose of an Online Transaction, inspection, purchase, collection or any other business.

12. Notices: Any notice given under these Terms and Conditions shall be in writing and in English and shall be served by hand delivering it or sending it by prepaid recorded or special delivery post or prepaid international recorded airmail to: Datumpoint Limited, P O Box 15, Chinnor, Oxon. OX39 4AT, United Kingdom, fax: +44 (0)1844 352348 or to such other address as The Company or bid4machinery may notify from time to time. Any such notice shall be deemed to have been received:(a) if hand delivered or sent by prepaid recorded or special delivery post or prepaid international recorded airmail, at the time of delivery;(b) if sent by post (other than by prepaid recorded or special delivery post) two days from the date of posting;  (c) if sent by airmail (other than by prepaid international recorded airmail), five days from the date of posting; and(d) in the case of fax at the time of transmission.Provided that if deemed receipt occurs before 9.00am on a Business Day the notice shall be deemed to have been received at 9.00am on that day, and if deemed receipt occurs after 5.00pm on a Business Day or on any day that is not a Business Day, the notice shall be deemed to have been received at 9.00am on the next Business Day. For the purpose of this clause, "Business Day" means any day which is not a Saturday and Sunday or a public holiday in London and reference to any time shall be to London time.For the avoidance of doubt, notice given by Users to machinesonline under these Terms and Conditions shall not be validly served if sent by email.However, notices to Users by machinesonline may be sent to the email address provided to machinesonline during the registration process, receipt of which is deemed 24 hours after an email is sent, unless bid4machinery receives notice that the email address is invalid.

13. Force Majeure: machinesonline and The Company will not be liable for any delay or failure to comply with its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond its control.

14. Use of the machinesonline website and services: machinesonline grants a limited, non-transferable licence to each User to access and make use of the machinesonline site for the purposes of the user using, or evaluating the machinesonline site and the services in accordance with these Terms and Conditions but not to download (other than page caching) or modify the machinesonline site, or any portion of the machinesonline site. This licence expressly excludes, without limitation: any resale or commercial use of the machinesonline site and the services; modifying, distributing, copying, republishing or making any derivative use of the machinesonline site or the services; the collection and use of other Users' e-mail addresses or other information or listing, or any data extraction or data mining whatsoever. Notwithstanding the provisions of this clause, the Users shall be entitled to download documents and forms including Notices to Purchasers and/or sales brochures for their own internal use.Users must not use the machinesonline site or services in any way that causes, or is likely to cause, the machinesonline site or services to be interrupted, damaged or impaired. Users agree to comply with all applicable export or import control or related laws or regulations and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. machinesonline reserves the right to cancel or rescind any sale in an Online Transaction at any time if it determines, in its absolute discretion, that the sale does or may violate applicable export or import control or related laws and regulations.Users are responsible for all communications and content sent from their systems to machinesonline and must use the machinesonline site for lawful purposes only.Users must not use the machinesonline site for any of the following:(a) fraudulent purposes, or in connection with a criminal offence or other unlawful activity;(b) to send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of any law or third party rights; or is otherwise injurious to third parties; objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or spam;(c) to offer, sell, bid for or buy any items which are illegal or infringe any third party rights (including intellectual property rights); or(d) to cause annoyance, inconvenience or needless anxiety.Users are expressly forbidden from any form of bid manipulation, including collusion or bidding on lots that they themselves or a party affiliated with them are selling in an Auction. Users may not bid and Sellers may not list for sale under a false name or as agent for a person who would itself be prohibited by these Terms and Conditions.machinesonline does not guarantee continuous, uninterrupted or secure access to the machinesonline site. The machinesonline site and services are provided "as is" and "as and when available", and, to the extent permissible by law, machinesonline excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. machinesonline may change, modify, amend, suspend or discontinue any aspect of the machinesonline site or the services at any time without notice and machinesonline reserves the right to impose restrictions on certain features of the machinesonline site or the services at any time without notice.In case of interruption to or suspension of access to the machinesonline site or the services, the Users' only remedy will be for machinesonline, in its absolute discretion, to extend the time limit of an offer in the Classified Adverts or an Online Transaction for an appropriate period. Users' access to the machinesonline site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. machinesonline will use reasonable endeavours to limit the frequency and duration of any such suspension or restriction. Users must take all reasonable steps to minimise loss or damages when accessing the machinesonline site, including implementing prudent security and back-up features.In addition to the other obligations set out in these Terms and Conditions, each User acknowledges and agrees that by placing a bid in an Auction ("Bid") or making an offer in another Online Transaction, it represents, warrants and undertakes that it has the authority and capacity to enter such Bid or make such offer and close the transaction and that any Bid that it makes constitutes an irrevocable offer to buy the lot in question for the full amount of the Bid.

15. Liability: machinesonline or the company shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:(a) any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realise anticipated savings or profits;(b) any loss of goodwill or reputation; or(c) any indirect or consequential losses suffered or incurred by a User,arising out of or in connection with the use by, or the inability to use of, the User of the machinesonline site or the services, or any other matter under these Terms and Conditions.The aggregate liability of machinesonline in respect of any other loss or damage suffered by a User and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with the sale or purported sale of any goods on the machinesonline site or the use of the Classified Adverts, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of:(a) in the case of a Buyer in an Online Transaction, the amount of the purchase price paid by the Buyer in respect of the goods which are the subject of the claim; and(b) in the case of a User in the Classifieds, the fees actually paid by the User to machinesonline pursuant to these Terms and Conditions.Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of machinesonline, The Company or its employees or agents.

16. Other Relevancies: These Terms and Conditions may be amended at any time by the company in its sole discretion. Such amendment will be posted on the machinesonline site and will become effective immediately. Users are encouraged regularly to review these Terms and Conditions posted on the machinesonline site. Use of the machinesonline site and services constitutes acceptance of these Terms and Conditions, including any amendments.Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.Failure or neglect by machinesonline or The Company to enforce at any time any of the terms hereof will not be construed nor will it be deemed to be a waiver of machinesonline’s rights hereunder nor in any way affect the validity of the whole or any part of these Terms and Conditions nor prejudice machinesonline’s rights to take subsequent action.Users shall not without the prior written consent of the company assign, sub-license or deal in any other manner with these Terms and Conditions or any right under these Terms and Conditions.Users and machinesonline are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms and Conditions.

17. Choice of Law and Venue:

All disputes relating to these terms and conditions between Users and The Company shall be exclusively governed by and interpreted in accordance with the Laws of England.Users and The Company hereby irrevocably submit to the exclusive jurisdiction of the English Courts over any claims, dispute or matter arising under or in connection with these terms and conditions or their enforceability. Each User acknowledges that The Company through machinesonline would not permit the user to register as a buyer or seller if the terms of this clause 16 were not valid, binding and enforceable.

Users irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the country in which service is to be effected.These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails.

18. Termination: machinesonline may, in its sole discretion, terminate these Terms and Conditions with respect to a User (without prejudice to its other rights and remedies) and may deny access to the services immediately without notice for any breach of these Terms and Conditions by that User without any liability for machinesonline except in case of past transactions already completed.

19. User(s), machinesonline and The Company: The terms “User(s)” "machinesonline" and “The Company” in these Terms and Conditions shall be construed as meaning:“User(s)” All visitors to the machinesonline site and registered users be they buyers or sellers will be deemed to be bound by the terms and conditions of the machinesonline site. “machinesonline” www.machinesonline.co.uk the website owned and operated by “the company”“The Company” is Datumpoint Limited. Datumpoint Limited the registered owner and operator of the website “www.machinesonline.co.uk”

Datumpoint Limited is a Registered Company Registered in England and Wales Registered Number 4020534 Registered Office3 Redman Court, Bell Street, Princes Risborough, Bucks. HP27 0AA. UK.

April 2009