General conditions of AgroMachine
1. The objectives
1.1. The objectives of AgroMachine are to create a market place on the internet to provide professionals with the possibility to advertise used equipment for selling and for buyers to find the second hand equipment they want to buy. AgroMachine does not interfere in the final bill of sale between buyer and seller.
2. Acceptance of general conditions
2.1. By using the marketplace AgroMachine either as advertiser or either as potential buyer, you agree and accept the general conditions of AgroMachine
2.2. We reserve the right to modify these General Conditions from time to time without notice. Please review these General Conditions from time to time so that you will be apprised of any changes.
3.1. It’s the seller who creates, modifies and removes an advertisement.
3.2. The seller is the only responsible for the data of the ad., so he has to give true and complete product and other information that might be relevant to a buyer. The seller is responsible for any damage resulting from intentional erroneous information.
3.3. The seller removes the advertisement as soon as the equipment is sold
3.4. Only one (1) equipment per ad is allowed
3.5. The contents of ads may not be contrary to existing law and neither to the objectives of AgroMachine. If the content of an ad is contrary to existing law or AgroMachines objectives, the ad can be removed from the site without previous notification. Therefore ads of new equipment are not accepted.
3.6. AgroMachine has the right to refuse advertisers
3.7. The advertiser agrees that all intellectual ownership rights on the advertisement as such are transferred to AgroMachine, allowing AgroMachine to publish or copy the information in whole or in part..
4. Liability and warranty
4.1. AgroMachine offers a marketplace where the advertisers themselves insert the ads. AgroMachine guarantees no warranty as far as accuracy, reliability or contents of the ads are concerned.
4.2. AgroMachine assumes no liability for damage resulting from the abuse by third parties.
4.3. AgroMachine cannot be held liable for any indirect damages whatsoever, underneath lost income, missed savings and damage by lost of data
4.4. Concerning the liability of AgroMachine for direct damage because of accountable shortcomings with regard to correct, complete and timely placement of ads, is the indemnification limited to the amount paid for the ad
4.5. AgroMachine cannot guarantee that the website is completely error free or virus free.
4.6. The web site AgroMachine may have links or references to other websites. We are not responsible for the content of these sites
5.1. The infrastructure under the responsibility of AgroMachine will be capable to assure an availability for at least 90 % of the year.
5.2. AgroMachine has the right to change the content of the website. The web site may be temporarily unavailable for maintenance or other reasons
6.1. The seller is obliged to register himself, he indicates to accept the general conditions and he has to indicate if these registration data may be used for marketing purposes.
6.2. In order to make use of some services, the visitor of the site has to be registered. In the registration he indicates if he accepts the general conditions and he has to indicate if these registration data may be used for marketing purposes.
6.3. As seller you select a user name and a password. The seller has the responsibility to keep confidential the user name and the password. If he suspect unauthorised use of username and/of password, then he has to notify the abuse to AgroMachine and to ask for a new username and password.
7. Prices and payment terms
7.1. The advertisements are paying. The published ad price is VAT excluded. The applicable VAT rate will be applied.
7.2. Payments can be made by credit cards or bank transfers. AgroMachine has the right to remove a non-paid ad without previous notification
8.1. All information, texts, graphics, logos and programs are protected by copyright law. The use of these in all kind of media is prohibited except an explicit and written authorisation of the owner.
9. Force majeure
9.1. Circumstances beyond the reasonable control of AgroMachine, which results in AgroMachine being unable to observe or perform on time an obligation under the Agreement. Such circumstances shall include but shall not be limited to:
- acts of God, lightening strikes, floods, storms, explosions, fires and any natural disaster, and;
- acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
10.1. All claims against AgroMachine shall be made written within 3 months. 3 months after the event they are no longer susceptible.
11.1. This Agreement shall be governed by and construed in accordance with Belgian law and subject to the jurisdiction of the Belgian Courts of Brussels
12. Separability clause
12.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.