Terms & Conditions
When you use this Site, you agree to be bound by these Terms. Please read these Terms carefully before you start to use our Site. If you do not agree to be bound by these Terms, you must not use this Site. A reference to "you" or "your" is a reference to the user of this Site.
Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3 for further details.
We recommend that you print and keep a copy of these Terms; they are a legally binding agreement between you and us. We may change these Terms at our discretion by updating them on the Site. The then current version of these Terms will apply whenever you use this Site. Please check this page from time to time and take notice of any changes.
2. OUR RIGHTS AND INTELLECTUAL PROPERTY
The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
We are not a dealer. The details of the items or services listed on this Site are provided to us by third party dealer, agent, manufacturer and asset owners for your information only. We do not verify the legal asset ownership details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all asset details with the advertising dealer, agent, manufacturer and asset owners before making any decisions or taking any action in regards to a assets advertised on our Site.
3. YOUR OBLIGATIONS AND CONDUCT
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site unless the automated program identifies itself uniquely and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on this Site. You may link to our home page at http://www.constructionequipment4sale.com provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
4. BARRING FROM THE SITE
We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
The information provided on this Site is for general interest only and does not constitute specific advice.
We make no warranties or representations that the asset information on this Site is correct, accurate or up-to-date.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
Nothing in these Terms will be deemed to exclude our liability for fraudulent misrepresentation, for you for death or personal injury arising from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Subject to clause 6.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
Subject to clause 6.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 6.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
Subject to clause 6.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, our Site; or
Use of or reliance on any content or information displayed on our Site.
Subject to clauses 6.1 to 6.5 inclusive, if you are a business we shall not be liable to you for:
any indirect, consequential, special or punitive loss, damage, costs and expenses;
loss of profit;
loss of business;
loss of reputation;
depletion of goodwill; or
loss of, damage to or corruption of data.
Subject to clause 6.1 to 6.5 inclusive, if you are a consumer, please note that we only provide our Site for private use. You agree not to use our Site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
When you use the "contact seller" on this Site to enquire about an asset or service, your details (including your email address) may be sent by email directly to the dealer, agent, manufacturer and asset owners that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that dealer, agent, manufacturer and asset owners.
All notices shall be given to us, by email at firstname.lastname@example.org or by post to our address provided at the beginning of these Terms.
8. CUSTOMER FEEDBACK AND QUALITY
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service.
We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available.
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
If you are a business user, these Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently).
If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
If you are a personal user, please note that these Terms and their subject matter and formation (including any non-contractual dispute or claim) are governed by English Law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
If you are a business user, these Terms and their subject matter and formation (including any non-contractual disputes or claims) are governed by English law and will be subject to the exclusive jurisdiction of the English courts.
10. PRICING AND AVAILABLITY
The price listed on the website is an ‘offer to purchase’. Despite our best efforts, a small number of the items in our equipment list may be mispriced. We will verify pricing when processing your order and before we take payment. The price will not be honoured until the order is reviewed, accepted and invoiced. If we have made a mistake and equipment’s correct price is higher than the price on the website, we may either contact you before processing the request whether you want to buy the equipment at the correct price or cancel your order.