Please read carefully. By using the SustainEquip Limited website and marketplace (the “Platform”), you agree to these Terms and Conditions. If you don’t agree, you must not use the Platform.
These terms are a legal agreement between you, the User, and SustainEquip Limited, a company registered in England and Wales (Company No. 16615262). Our registered office is at Piccadilly Business Centre, Unit C, Aldow Enterprises Park, Blackett Street, Manchester, M12 6AE. You can contact us at +44(0) 7757 254354 or by email at Support@sustainequip.com.
1. Our Role
- We operate the Platform to connect buyers and sellers of surplus equipment.
- We are an intermediary, not a party to the sale. The contract for the sale of any item is exclusively between the Buyer and the Seller.
- We do not inspect, test, or guarantee the quality, safety, legality, or condition of any equipment listed. We are not responsible for the suitability or fitness for purpose of any item.
2. “As Is, Where Is” Sales
- All equipment is sold “as is, where is.” This means the Buyer accepts the item in its existing condition, with all faults (known or unknown), and in its current location.
- The Seller and SustainEquip disclaim all warranties or guarantees regarding the item’s condition or performance.
- Buyers are solely responsible for their own due diligence, including inspecting and verifying the equipment before purchase. Relying on descriptions, photos, or specifications is at the Buyer’s own risk.
3. Your Responsibilities
- Sellers must have the legal right to sell the equipment and provide accurate, truthful descriptions, including any known defects.
- Buyers must read all listing details and be satisfied with the item’s condition before committing to a purchase. You must have the financial means to complete the transaction.
- All Users must be over 18, acting on behalf of their company, use the Platform lawfully, and keep their account information confidential.
4. Third-Party Partners and Websites
- SustainEquip may collaborate with other companies that sell surplus equipment.
- From time to time, offers for certain equipment on our Platform may need to be submitted on a partner’s website.
- When you are redirected to a partner’s website, your transaction will be subject to their specific terms and conditions, not these terms. It is your responsibility to review and agree to their terms before proceeding with any purchase.
5. The Sale Process
- When a sale is agreed upon, we or our primary partner will issue an Offer to Purchase document that outlines the sale conditions, payment terms, and removal details.
- A buyer’s offer is legally binding once we or our primary partner send a notice of acceptance.
6. Pricing and Payment
- The price is the amount offered by the Buyer and accepted by the Seller. This price is subject to a Buyer’s Premium and a Seller’s Premium, plus any applicable taxes (like VAT).
- All listings will clearly display any applicable Buyer’s and Seller’s Premiums. The Buyer’s Premium is typically 10-15% of the final sale price, and the Seller’s Premium is typically up to 5% of the final sale price, but these percentages may vary.
- Unless otherwise agreed, payment is due in full and in cleared funds within 5 days of the invoice date. Time is of the essence.
- Some sales may be conducted through the primary partner’s website and will be subject to their specific payment terms and conditions.
- If you fail to pay on time, we may charge interest at 6% per annum above the Bank of England’s base rate.
- If you don’t pay, we have the right to resell the equipment on your behalf and may recover any shortfall from you.
7. Taxes, Duties, and Logistics
- The Buyer and Seller are exclusively responsible for arranging and paying for all logistics, including collection, loading, transportation, and any associated costs (such as freight, insurance, and handling charges).
- The Buyer and Seller are also solely responsible for all taxes, duties, levies, and fees applicable to the transaction, including but not limited to VAT, sales tax, and any export or import costs.
- All logistical and tax matters must be agreed upon directly between the Buyer and Seller. SustainEquip has no involvement in the physical transfer of the equipment and accepts no liability for any loss, damage, or delay.
8. Collection of Equipment
- Collection must happen within the timeframe and under the conditions specified in the sale notice.
- You must provide us or the Seller with satisfactory evidence of insurance policies upon request.
- You are responsible for any damage you or your agents cause to the site or equipment during collection. We may require a deposit to cover potential damage.
- If you fail to collect the equipment by the deadline, we may store it at your expense, resell it, or scrap it.
9. Important Disclaimers for Equipment
- Plant and Machinery: Items may not comply with health and safety regulations. You are responsible for ensuring that all purchased equipment is used, transported, and maintained in accordance with all relevant laws.
- Computer Equipment: Unless stated otherwise, computers are sold without operating systems or software. You must use only properly licensed software and are responsible for securely deleting any data found on the equipment.
- Intellectual Property: We do not warrant that the Seller owns any software or intellectual property rights attached to an item. You use any such rights at your own risk.
10. Limitation of Our Liability
- We are not liable for any indirect or consequential damages, such as lost profits, resulting from your use of the Platform or the equipment you obtain.
- Our total liability to you is limited to the fees you paid to us in the six months before the claim arose.
11. Governing Law
- These terms are governed by English law.
- Any disputes will be resolved exclusively in the courts of England.
12. General Provisions
- If any part of these terms is found to be unenforceable, the rest of the terms will remain in effect.
- These terms represent the entire agreement between you and SustainEquip Limited.