• Buyer Terms and Conditions
  • Seller Terms and Conditions
  • Site Usage Terms and Conditions
  • I-machine Privacy Notice
  • Surplus Terms and Conditions
  • Abandonment Policy
  • Copyright Policy

KEY BUYER POINTS


I-machine is a marketplace for used heavy equipment that enables sellers to list and advertise their items for sale to a global audience of buyers. The actual contract for sale is directly between sellers and buyers. I-machine is not a traditional trader, but a marketplace for promoting equipment for sale.

  • Transaction made via the Marketplace are binding towards the Seller and cannot be retracted without Seller’s consent.
  • You, as the Buyer, are liable for all applicable taxes, duties, GST, and registration taxes unless the Seller indicates otherwise. If you are in the ASEAN country, in case of export supplies or (within the ASEAN Economic Community) intracommunity supplies, a Tax rate may apply provided that you provide Seller with the required documentation as indicated by Seller or I-machine on behalf of Seller (e.g., transport documentation, Bills of Lading, export documents, etc.). This documentation needs to be provided by you to I-machine on behalf of Seller no later than five (5) business days after Equipment is delivered.
  • You shall pay a Transaction Fee for each piece of Equipment that is purchased from Seller while using I-machine's Marketplace.
  • You shall remit full payment for purchased Equipment and other amounts including, applicable taxes, duties, GST, registration taxes and the Transaction Fee within Five (5) business days after the conclusion of the Purchase Contract. You shall include a transportation selection in your account prior to paying for the Equipment.
  • You agree to remove the Equipment no later than eight (8) business days after conclusion of the Purchase Contract. Failure to do so may result in relocation and/or further storage of the item at your expense, chargeable by Seller. If you fail to remove the Equipment after sixty (60) days, the Equipment may be deemed abandoned and disposed of as I-machine may determine in its sole discretion.
  • Delivery of the Equipment will take place from the Seller's premises and you are responsible for all title, registration, freight and transportation costs.
  • The Key Buyer Points above provide an overview of the terms and conditions for participating as a buyer in I-machine's marketplace and are subject to the complete Buyer Terms and Conditions below.

BUYER TERMS AND CONDITIONS


These Buyer Terms and Conditions ("Buyer Terms") establish the terms of your use of I-machine's sites and services (e.g., www.i-machine.net and any third-party marketplace) to deal on and purchase equipment and other items ("Equipment"). The listing of items on the Marketplace is further referred to as an "Advertisement(s)". Machine Online Sdn Bhd incorporated in Malaysia. The Buyer Terms were last revised on January 1, 2017.

  • ACCEPTANCE OF TERMS.
    Before you ("Buyer") attempt to buy any Equipment from a Seller through the Marketplace, I-machine requires that you read and accept the Buyer Terms. BY CHECKING ON THE SPACE NEXT TO "ACCEPT TERMS & CONDITIONS", YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE BUYER TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE MARKETPLACE AND PURCHASE OF EQUIPMENT. If you choose not to accept the Buyer Terms, you may not deal on or purchase Equipment by means of the Marketplace. If you have any questions, please contact CustomerCare@i-machine.net.
  • I-MACHINE’S SERVICES
    • Services of I-machine.
      Under the terms of this Agreement, I-machine offers you the use of the Marketplace, which functions as a platform on which Sellers can list and advertise Equipment for sale to potential Buyers. Each party is acting on its own behalf, and I-machine is not a party to the subsequent Purchase Contract for Equipment that is entered into between a Seller and a Buyer. Nor does I-machine represent either party in the conclusion of such Purchase Contract.
    • Advertisement Period.
      For select listings, the period during which deals can be placed on Equipment shall be determined by the Seller. For all other listings, the period during which deals can be placed on Equipment shall be determined solely by I-machine.
    • Buyer Conduct.
      Any deliberate attempt to artificially influence the sales price, directly or indirectly, by any user is prohibited, including dealing through a secondary account, agent or representative on Equipment that you may be selling, communicating with other Buyers.
    • Notice to buyer members on I-machine.
      Where a listing permits inspection of the Equipment, you should inspect the Equipment prior to deal. Most items offered for sale on I-machine are used and may contain defects and may subject to repair works. If you deal without having inspected the Equipment, you do so at your own risk. You or your agents are responsible for final verification of Equipment purchased at the time of removal.
    • Binding Offer to Purchase.
      You acknowledge and agree that listings listed on the I-machine Marketplace is the legal equivalent of an invitation to treat and subject to Buyer’s offer. After your offer being accepted by Seller, a legally binding Purchase Contract will then be formed. Unless the transaction is prohibited by law or regulation or the Buyer Terms, once elect to purchase and the Seller accepts the offer, your offer to purchase may not be retracted and you are obligated to complete the transaction. The followings are methods to place an offer for the Asking Price or to place an offer with a price lower than the Asking Price: · Buy Now - If you elect to purchase Equipment with price listed by call us on the Equipment page. · Make Offer - If you want offer a price on the Equipment, please contact our customer service. and (a)if the price meets or exceeds the minimum price as established by the Seller ("Asking Price"); (b) the offer is accepted by the Seller ("Negotiated Price"); or (c) the Seller proposes a counter offer and you accept.
    • Declining and Countering offer.
      For Make Offer, you may call and offer for less than the Asking Price. The Seller has the option, but not the obligation, to accept, decline or counter each offer submitted. In the event that the Seller counters your price ("Counter Offer"), you have up to two (2) business days to accept. Counter Offers may be automatically rescinded earlier than two (2) business days when (a) the Seller issues another Counter Offer; or (b) the Seller accepts another offer, but in no event shall a Counter Offer be rescinded after it is accepted by you.
    • Deals.
      I-machine shall not be liable for any errors or omissions relating to such deter-mination, whether by I-machine, the Seller or another third party. After the deal is established, a purchase contract between you and Seller is automatically con-cluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. You and Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Marketplace. I-MACHINE DOES NOT GUARANTEE THAT ANY OFFER OR COUNTER OFFER PLACED ON THE MARKETPLACE WILL BE RECEIVED, PROCESSED, AND ACCEPTED IN A TIMELY MANNER.
    • Postponement and Cancellation.
      I-machine reserves the right to withdraw, postpone or cancel any listing, or any sale that results from a listing, in its own discretion, with or without notice. I-machine shall have no liability to you as a result of any withdrawal, postpone-ment or cancellation.
    • Intellectual Property.
      I-machine owns all right, title and interest in and to all data that is generated by the Marketplace, including, without limitation, data that is generated during a listing.
  • FEES AND TAXES
    • Transaction Fee.
      For each piece of Equipment purchased from the Seller through the Marketplace will be subjected to a transaction fee ("Transaction Fee") which is chargeable and deductible from the Final Selling Price. I-machine hold the right to change or add fees from time to time, in its sole discretion, with or without notice to you. Other fees that may be payable by you are detailed on the Marketplace.
    • Payment and Payment Schedule.
      You shall pay the full Final Selling Price, applicable taxes, duties, GST or Vehicle Registration Taxes, Transaction Fees and any other required fees within Five (5) business days after conclusion of the Purchase Contract, by way of the pre-defined payment method in the listing.
      At Seller's option, receipt of the purchase price may be facilitated by I-machine, in which case Seller (as mandator) would instruct I-machine (as a mandatory) so that I-machine can enforce the Seller's right to payment vis-a-vis the Buyer, and full payment of the amounts noted above shall be posted to a secure payment account designated by I-machine. Buyers from the Malaysia and ASEAN countries must tender payments via wire transfer (recommended) or credit card (when full pay-ment is USD 3,000.00 or lesser).
      Any foreign currency exchange fees or charges are your responsibility as the Buy-er. BUYERS FROM OUTSIDE MALAYSIA AND ASEAN COUNTRIES MUST TENDER ALL PAYMENTS VIA WIRE TRANSFER. All amounts that are due and payable must be paid prior to releasing any Equipment for pick-up or transport. For non-Malaysian Buyer, we may show an estimated amount in Buy-er’s Location Currency for each pending Disbursement and/or Reverse Transac-tion, based on the exchange rate received by I-machine from our bank service pro-vider at the time we estimate the amount (the "Estimated Exchange Rate"). Please also note that the Estimated Exchange Rate may differ from the Applicable Ex-change Rate due to fluctuations under market conditions that are not under our control.
    • Tax.
      All price and offers for Equipment must be net of any taxes imposed with respect to the purchase. You are liable for all such taxes or for establishing to I-machine's satisfaction, on behalf of the Seller, a valid exemption certificate from such taxes.
      You acknowledge and agree that I-machine is providing a service in the calcula-tion, reporting and remittance of sales or use taxes for transactions that arise in connection with your use of the Marketplace, and you ultimately remain liable for any sales or use tax liability.
      I-machine calculates and collects GST on items sold in Malaysia based on Malaysia tax rates in effect at the location of the items purchased.
      To support GST treatment of the transaction, you are responsible for providing I-machine with any necessary documentation (e.g., Bills of Lading, export docu-ments, etc.) no later than ten (10) business days from your date of purchase.
      If you have an exemption certificate that was not submitted at the time of sale, you have ten (10) business days from your date of purchase to submit a valid exemp-tion certificate in order for I-machine to process a refund. After ten (10) business days, you will need to submit any refund request directly to the GST department for which the original GST was collected and remitted by I-machine.
      In the event your credit card is charged for taxes on a purchase that is subsequent-ly exempted from such tax, the amount shall be refunded to your credit card used in the purchase.
    • GST.
      This section shall only apply to Purchase Contracts concluded through Machine Online Sdn Bhd. All prices and offers are net of any GST and other indirect taxes imposed with respect to the sale or purchase transaction. You are liable for all such taxes for all purchases.
      Accordingly, the amount of the successful price in respect of any item of Equip-ment shall be exclusive of GST and other indirect taxes, and the price payable by you shall be increased by such taxes (e.g., GST) chargeable in respect of the supply of the Equipment to you.
      Similarly, all fees and other amounts payable to I-machine are calculated without regard to GST so the amount payable by you shall be increased by the amount of GST which may be chargeable in respect of the relevant supply.
      The amount payable shall be subject to GST if you, as Buyer, fail to provide neces-sary documentation to Seller to substantiate a GST rate other than the standard rate (e.g., 0% export rate or 0% GST rate for buyer outside Malaysia).
      You shall enter your GST registration number upon becoming a registered user of I-machine's platform and shall immediately notify
      I-machine if that number ceases to be valid for any reason.
      You shall indemnify I-machine and its Affiliates (and the officers, directors, agents and employees thereof) against any tax, cost or expense relating to your and/ or Seller's failure to satisfy any GST chargeable in relation to a transaction. For the avoidance of doubt, it is your responsibility to satisfy yourself that any GST (or similar) charges or related obligations have been met in relation to a transaction.
      For the purposes of these Terms, "GST" means Good and Service Tax as provided for in Malaysia, effective from 1 April 2015 to is 6%.
    • Payment Authorization.
      In order to establish privileges on the Site, you understand and agree that I-machine, through its third-party payment processor, reserves the right, in its sole discretion, to request a Zero Money Value authorization check on your credit card as part of verifying your identity.
      In connection with your purchase, you will be asked to provide customary billing information such as name, billing address, credit card information, or routing and account numbers for payments by electronic funds transfer either to I-machine or its third-party payment processor(s).
      You agree to pay I-machine for any purchases made in connection with your ac-count in accordance with these Buyer Terms by credit card or electronic funds transfer. You hereby authorize the collection of such amounts by charging the credit card provided or by processing an electronic funds transfer utilizing the routing and account number provided, either directly by I-machine or indirectly, via a third-party online payment processor.
      If you are directed to I-machine's third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services.
  • COMPLETION OF TRANSACTIONS
    • Removal of Equipment.
      As per the Purchase Contract, Seller shall deliver the Equipment from Seller's premises. You are responsible for dismantling, loading and shipping the Equipment for transporta-tion, unless stated otherwise.
      You shall remove the Equipment from Seller's premises no later than eight (8) business days after conclusion of a Purchase Contract unless otherwise stated in the Equipment Listing, after which you may be responsible for payment of Storage Fees, and in some cas-es payment of cost to transport Equipment to an alternate location, as detailed on the Marketplace and incorporated herein by reference.
      Unless otherwise noted in the Equipment Listing, standard Storage Fees are as set forth on the Marketplace.
    • Liability for Equipment.
      The responsibility and risk of loss for Equipment shall be and remain at the risk of Seller (and never of I-machine) until the earlier of:
      (a) your removal of the Equipment (or removal of the Equipment by your desig-nated transportation provider); or
      (b) receipt by Seller of all proceeds from the sale of Equipment.
      Thereafter, the Equipment shall be and remain at the risk of you or your designated transportation provider (and in no event, I-machine).
    • Default.
      If, after five (5) business days (which includes a two (2) business day grace period) follow-ing the conclusion of a Purchase Contract, you have not made full payment of the Final Selling Price and all other applicable fees to Seller, you are in default and shall be subject to a Default Fee and Late Payment Fee, as detailed on the Marketplace.
      In such event, as well as in regard to any other fees owed by you to I-machine in regard to other transactions, I-machine reserves the right to, and you hereby consent that I-machine may, offset any such charges from amounts paid by you and invoice you for the remain-der, with the invoice to be paid within fifteen (15) days following the date of the invoice.
    • Abandoned Equipment.
      Unless otherwise stated in the Equipment Listing, Seller may deem your failure to claim and remove Equipment within sixty (60) days following the conclusion of a Purchase Contract to be evidence of your intention to abandon the Equipment, and I-machine on behalf of Seller may take action that is adverse to your interest in the Equipment, includ-ing, but not limited to, any appropriate steps under the law to dispose of the Equipment.
      I-machine's Abandonment Policy is located at https://www.i-machine.net/termscond#termstab6 and is hereby incorporated by reference.
    • Freight and Transportation.
      You are responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location to its final destination.
      These costs include dismantling, special handling, loading, transportation costs and per-mits required to move the Equipment.
      You may arrange transportation of Equipment on the Marketplace with one of our trans-portation partners; however, I-machine shall not be liable for any acts or omissions arising from any transportation arrangements.
    • Export.
      You are advised to have all such certificates and permits issued and completed prior to transporting the Equipment otherwise you may be subject to clearing, permit, and/or oth-er payments if the Equipment is stopped and held at a port of entry to a state, province or country.
      If you are in Malaysia and plan to export Equipment through Malaysia Customs, we, on behalf of Sellers recommend that you engage the services of a Malaysia forwarding agent to prepare documents that are required by Malaysia Customs Control.
      These documents may include a power of attorney that authorizes a forwarding agent to complete the necessary record. For a fee, I-machine can provide equipment invoices or a notarized Bill of Sale to facilitate exports. I-machine cannot provide Manufacturing Statements of Origin (MSO's) on used equipment bought on the Marketplace nor can I-machine be held responsible for lack of manufacturers' identifying numbers or engine or serial numbers.
    • Power of Attorney.
      You hereby appoint I-machine and its authorized representatives as your attorney-in-fact for the sole purpose of executing a Bill of Sale, if required, to finalize transfer of ownership to you.
    • Finalization of the Transaction.
      You shall provide all relevant shipping information with respect to the transaction by up-loading the bill of lading and other requested documents by means of the Marketplace, in order to prove that you have fulfilled your obligation to remove the Equipment under the Purchase Contract.
    • Liens and Encumbrances.
      I-machine will identify and arrange for the release of liens and encumbrances on the Equipment listed on the Marketplace upon full payment being receipt by I-machine. If for any reason I-machine is unable to clear the title to the Equipment, I-machine's sole liabil-ity, if any, shall be the return of any funds paid by you with respect to such Equipment.
  • DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
    • Disclaimer.
      TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH I-MACHINE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH PIECE OF EQUIPMENT IS SOLD "AS IS, WHERE IS," AND NEITHER SELLER NOR I-MACHINE MAKES ANY GUARANTEES, REPRESENTATIONS OR WARRAN-TIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSO-EVER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, ROADWOR-THINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEI-THER SELLER NOR I-MACHINE MAKES ANY WARRANTY THAT THE EQUIPMENT WILL PROPERLY FUNCTION OR OPERATE WHEN DELIVERED TO YOU NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AF-TER DELIVERY. I-MACHINE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF THE MARKETPLACE. IF YOU ARE DISSATISFIED WITH THE MARKETPLACE, YOUR SOLE REMEDY IS TO DISCON-TINUE USING THE MARKETPLACE. FOR SALES OF EQUIPMENT THROUGH THE WEBSITE, THE LISTING CATALOG PROVIDED IS MERELY A GUIDE. SALES WILL NOT BE INVALIDATED DUE TO INACCURACIES NOR SHALL
      I-MACHINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEYS BE HELD LIABLE AS A RESULT OF DEFECTS OR INACCURACIES IN THE LISTING CATALOG. IT IS THE BUYER'S SOLE RESPONSIBILITY TO VERIFY ALL LOT INFOR-MATION PRIOR TO ANY DEALS.
    • Limitation of Liability.
      TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL I-MACHINE OR SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCI-DENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUD-ING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSI-NESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF I-MACHINE OR SELLER, OR AN AU-THORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF I-MACHINE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PROD-UCT LIABILITY OR OTHERWISE) ARISING FROM THIS AGREEMENT, THE PUR-CHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE MARKETPLACE EXCEED, IN THE AGGREGATE, RM100.00.
    • Indemnity.
      You agree to defend, indemnify and hold harmless I-machine, its affiliated companies and their respective officers, directors, employees, agents, successors and assigns ("indemnified parties") from and against any claim or demand (including reasonable attorneys' and ex-perts' fees and costs), made by any third party due to or arising out of
      (a) your breach of this Agreement,
      (b) your improper use of the Marketplace, including without limitation any personal inju-ry, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from the Marketplace, or
      (c) your violation of any law or the rights of a third party.
      Furthermore, you agree to defend, indemnify and hold I-machine and its Seller harmless from and against any and all damages, costs, claims or liability (including reasonable at-torneys' fees) for any injuries to persons or property of any type, occurring during your or your agent's inspection of property, your or your agent's presence at a Seller's site or re-sulting from the sale, removal, use or operations of the purchased property. I-machine shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof.
      You shall have sole control of the defense or settlement of any claim or demand, provided that I-machine, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the in-demnified parties, with such consent not to be unreasonably withheld or delayed.
    • Release.
      In the event that you have a dispute with one or more users of I-machine's Marketplace, you release I-machine (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  • LEGAL DISPUTES
    • Contracting Entity.
      In the Malaysia and for all other areas not otherwise outlined below, you are contracting with Machine Online Sdn Bhd( "Contracting Entity"), the Contracting Entity is as outlined be-low:
    • Dispute Resolution and Arbitration.
      In the event of a dispute between you and I-machine, you agree to attempt to resolve the dispute with I-machine's Customer Care de-partment for a period of at least ten (10) business days before taking any other action. Fol-lowing such period, you and I-machine agree that any dispute, claim or controversy aris-ing out of or relating to the Agreement shall be settled by binding arbitration as specified below.
        Machine Online Sdn Bhd.
        All disputes which arise out of or in connection with this Agreement with Machine Online Sdn Bhd, shall be arbitrated and finally resolved through the Malaysia, in accordance with the commercial arbitration rules of the AEC before a single, neutral arbitrator mutually agreed to by the parties, or if the parties can-not agree, by striking from a list of arbitrators supplied by the AEC. In any arbitration, the parties and the AEC shall comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public, (b) the arbitrator shall be empow-ered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment, (c) the arbitrator shall have the right to issue injunctions and at-tachments and other equitable remedies and award compensatory damages, and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of com-petent jurisdiction.
    • English Controlling Language.
      All performance under this Agreement and the resolution of disputes including through arbitration shall be conducted in the English lan-guage. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this Agreement is provided to you in a lan-guage other than English, I-machine does so solely for your convenience.
    • Power of Arbitrator.
      The arbitrator shall have no power to award consequential, punitive, treble or any other manner of enhanced damages. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The prevailing party in any arbitration shall have the right to an award of attorneys' fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
  • TERMINATION.
    Without limiting any other remedies, I-machine shall have the right to terminate your access to the Marketplace at any time, without notice, in I-machine's sole discretion for any reason, including, without limitation, if I-machine (a) determines that you have violated this Agreement (for example, violation of the prohibi-tion), or (b) is unable to verify your member information. If you become dissatisfied with the Marketplace, in any way, your only recourse is to immediately discontinue use of the Marketplace.
  • AMENDMENT OF BUYER TERMS.
    I-machine may, in its sole discretion, change, modify, add or remove any portion of the Buyer Terms, in whole or in part, from time to time with or without notice to you, by posting such changes on the Marketplace, which you agree is sufficient notice to you. Once posted such changes shall come into full force and effect. Your continued use of the Marketplace after changes are posted will constitute your agreement to such changed Buyer Terms. The Buyer Terms may not be otherwise amended except in writing signed by both you and I-machine.
  • EXPORT CONTROL.
    As applicable, all Equipment is subject to Malaysia, and oth-er foreign export control laws and regulations, including but not limited to. I-machine will not allow participation from any person nor allow sales or shipments in violation of Ma-laysia export and re-export control laws and regulations. You represent that you are not restricted from purchasing Equipment by any such laws and that you shall not take any actions in violation of these laws and regulations or, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Equipment to any destination, entity, or person prohibited by these laws and regulations, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
  • NOTICES.
    Any notice to Machine Online Sdn Bhd must be in writing and must be sent via email to CustomerCare@i-machine.net and by registered mail or overnight courier to Machine Online Sdn Bhd. Any notice to Machine Online Sdn Bhd must be in writing and must be sent via email to CustomerCare@i-machine.net and by registered mail or overnight courier to I-machine. Any notice to you shall be given by email to the email address provided to you during registration as an Approved Buyer, or as subse-quently updated by you, or via posting on the Marketplace, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twen-ty-four (24) hours after it has been sent or at the time the information was posted on the Marketplace. If you change your email address, you are responsible for updating your ac-count profile.
  • PRIVACY.
    I-machine's Privacy Statement, located at https://www.i-machine.net/termscond#termstab4, is hereby incorporated by reference. By entering into this Agreement, you are consenting to have your personal data transferred to and processed in Malaysia.
  • GENERAL.
    This Agreement contains the entire agreement of the parties and su-persedes all previous communications, representations, understandings and agreements, either oral or written. In the event of any conflict between the Buyer Terms and the Site Usage Terms and Conditions, the Buyer Terms shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without I-machine's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the ex-tent any novation is required for I-machine to assign this Agreement, you hereby appoint the officers of I-machine as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and war-ranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agree-ment. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labour dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.

KEY SELLER POINTS


I-machine is a marketplace for used heavy equipment that enables sellers to list and advertise their items for sale to a global audience of buyers. The actual contract for sale is directly between sellers and buyers. I-machine is not a traditional trader, but a marketplace for promoting equipment for sale.
  • You are responsible for the Equipment until it is removed from your location by the Buyer or his appointed Agents/third parties.
  • You are responsible for maintaining the Equipment in the same condition as documented in the Equipment Listing and the Inspection Report until it is removed from your location by the Buyer, at your own cost unless special arrangement been made between you and Buyer.
  • A qualified operator for Equipment designated for inspection will need to be provided by you.
  • You will need to provide all lien information to clear title and registration documentation and other information necessary to register Equipment.
  • Commissions and fees for use of I-machine's marketplace to list and advertise Equipment for sale are payable by you as detailed in I-machine's fee schedule (Schedule 1).
  • You will need to make Equipment available for transportation by the buyer no later than one (1) business day after the conclusion of the Purchase Contract with the Buyer.
The Key Seller Points above provide an overview of our terms and conditions for participating as a seller in I-machine's marketplace and are subject to the complete Seller Terms and Conditions below.

SELLER TERMS AND CONDITIONS


These Seller Terms and Conditions, including all schedules and other policies, establish the terms of your use of I-machine's sites and services are incorporated by reference into the applicable listing agreement (collectively, the "Agreement") between you and I-machine for the listing and advertising of Equipment for sale to buyers. Machine Online Sdn Bhd.

The Seller Terms were last revised on Jan 1, 2017.


  • I-MACHINE'S SERVICES
    • Services of I-machine.
      Under the terms of this Agreement, I-machine offers you the use of the Marketplace, which functions as a platform on which you can list and advertise Equipment for sale to potential buyers ("Buyers"). Each party is acting on its own behalf, and I-machine is not a party to the subsequent purchase contract for Equipment that is entered into between you and the Buyer. Nor does I-machine represent either party in the conclusion of such purchase contract. In consideration of your use of the Marketplace for the listing and advertising of Equipment for sale (the "Equipment"), commissions and fees as listed in Schedule 1 are payable by you.
    • Exclusive Listing.
      The Marketplace shall be the exclusive listing site for Equipment and you shall not offer for sale or sell the Equipment in any other manner until the earlier of (a) the date such Equipment is sold via the Marketplace or (b) the date you withdraw the Equipment from the Marketplace (but in such event no less than thirty (30) days).
      By entering into a listing agreement for use of the Marketplace, you hereby extend an irrevocable offer to sell the Equipment, as applicable, (a)to a Buyer who commits to purchase Equipment at the listing Price; or (b) to a Buyer who commits to purchase Equipment at the Negotiated Price. (for the avoidance of doubt, commitment to purchase of Equipment shall be indicated by the payment of 10% deposit to I-machine by the Buyer)
    • Additional Options.
      For Make Offer , you have the option to (a) accept offer lower than the Asking Price; (b) counter offer lower than the Asking Price with a higher offer ("Counter Offer"); or (c) reject offers lower than the Asking Price at any time during a listing. Counter Offers are valid for up to two (2) business days. However, only one (1) Counter Offer can be valid at any time; the last Counter Offer you issue supersedes and invalidates any previous Counter Offers. Upon acceptance of the Counter Offer by the Buyer, the listing is closed and you are legally bound to complete the transaction.
    • Conclusion of Purchase Contract;
      Bill of Sale. After the deal for a piece of Equipment has been established by I-machine or the Buyer has committed to purchase the Equipment at the Site, the purchase commitment of Buyer will be automatically accepted by you and a purchase contract between you and Buyer is automatically concluded ("Purchase Contract"). All applicable terms and conditions of this Agreement shall apply to the Purchase Contract. Buyer and Seller will be notified of the conclusion of the Purchase Contract by an email or other notification that is generated automatically by the Marketplace. Subject to your receipt of payment for the Equipment, you at your own expense shall deliver a bill of sale and such other documentation as may be reasonably necessary to transfer title to the Equipment to Buyer. Unless otherwise agreed, the Equipment listing will only show your "I-machine Seller ID", but not your formal identity, business name and/or address details. This information will only be provided to Buyer at the conclusion of the Purchase Contract.
    • No Guarantee on Proceed.
      There is no guarantee as to the gross proceeds that may be realized from a listing on the Marketplace.
    • Equipment Availability; Risk of Loss.
      You agree to have the Equipment available for transportation, complete with ignition key, to the Buyer no later than one (1) business day after conclusion of the Purchase Contract. If the Equipment is not available, you will be subject to pay a Post-Closing Delay Fee. Further, if you fail for any reason to release the Equipment to the Buyer after a Purchase Contract is concluded, you will be subject to a Seller Default Fee in addition to any other rights or remedies that
    • I-machine or Buyer may have.
      The responsibility and risk of loss for Equipment shall be and remain with you (and not I-machine or Buyer) until the earlier of: (a) the removal of the Equipment from the posted Equipment location by Buyer or Buyer's designated transportation provider or (b) receipt by you of all proceeds from the sale of Equipment. Thereafter, the Equipment shall be and remain at the risk of Buyer or Buyer's designated transportation provider (and not I-machine or you). With respect to sales through website, you shall be responsible for maintaining insurance coverage pertaining to the Equipment and its transfer to and from storage site, until the earlier of transfer of title of the Equipment or removal of the Equipment from the site and acknowledges that I-machine bears no risk for any loss to the Equipment, including, but not limited to, loss due to theft, fire or water. I-machine has no obligation to maintain insurance coverage pertaining to the Equipment in the possession of I-machine for purposes hereunder.
    • Authorization to Use Marks.
      In connection with your use of the Marketplace, you agree that I-machine may use your name, trademark, logos, service marks and other designations ("Marks") to list you as a reference customer and to advertise, promote and market the Equipment. You hereby grant to I-machine, and represent and warrant that you have a right to grant, a non-exclusive, worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing e-mails to potential Buyers that incorporate Marks.
    • Specific Performance.
      In addition to any other remedies that may exist, if you terminate the Listing Agreement within two (2) weeks prior to the listing Opening Time or if you fail to have the Equipment available for transportation no later than one (1) business day following the conclusion of the Purchase Contract with Buyer, you hereby acknowledge and agree that (a) the damages to I-machine's business reputation, brand and customers are significant and irreparable, (b) an adequate remedy at law for such breach is inadequate, and (c) I-machine may seek enforcement of this Agreement by means of specific performance or injunction, without any requirement to post a bond or other security. In the event where you made a request for cancelation of listing within (2) weeks from the date of listing, a fee will be chargeable to the Seller as penalty, which the quantum of the penalty shall be decided by I-machine, in its sole discretion.
    • Delivery.
      For sales of Equipment through any listing format on the Marketplace, the Equipment shall be in compliance with all Federal and State regulations regarding emissions, safety or any other regulations as required by law. Titled items must have a legible Chassis number or other Serial number as required by law. You will disclose to I-machine any and all modifications or omissions to the aforementioned Federal and State regulations including whether the item has been salvaged, reconstructed, or damaged in a flood.
  • EQUIPMENT LISTINGS.
    You may not list goods that are illegal to use or possess under any applicable law, rule or regulation. I-machine reserves the right, in its sole discretion, to (a) refuse to list any piece of Equipment at any time; (b) withdraw any Equipment listing from the Marketplace; (c) review and verify a listing's information and description; or (d) cancel any transaction that it deems to be suspicious or fraudulent and report it to applicable authorities. The information you provide during the Equipment listing process, combined with or without the Inspection Report, constitute the listing details for the Equipment ("Equipment Listing"). You agree to fully, completely and accurately disclose to I-machine all information relating to the Equipment of which you are aware. Any information (including brand name or other indication of origin or manufacture) that you provide related to the Equipment must be complete and accurate, and you shall be responsible for any inaccuracies, errors or omissions. Equipment Listings on the Marketplace may not include links to or a description of other items that you may have for sale outside of the Marketplace. For Equipment Listings with Machine Online Sdn Bhd, it is your obligation to provide a valid machine Certificate to certify the item as required under the Malaysia law and other applicable legislation. All costs of certifying and upgrading imported equipment as required by the Machinery Directive will be the responsibility of Buyer.
  • INSPECTIONS; RESTRICTIONS ON USE
    • Equipment Inspections.
      For all requested inspections, you agree to permit I-machine and/or its authorized representatives to test and inspect each piece of Equipment at a time and place specified in the listing agreement or as otherwise mutually agreed. I-machine shall produce an inspection report ("Inspection Report") for each piece of Equipment inspected by I-machine. I-machine inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments.
      I-machine inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Equipment or the use of diagnostic equipment or techniques. Your failure to properly maintain the Equipment from the date of inspection until its removal from your location by buyer will void the inspection. If you alter or perform repairs or other maintenance to the Equipment after the inspection, another inspection will be required, and you will be subject to a Re-inspection Fee.
    • Ownership of Inspection Report.
      The Inspection Report is the sole and exclusive property of I-machine. Except as expressly stated, nothing in this Agreement shall be deemed to grant to any other party, by implication, estoppel or otherwise, license rights, ownership rights or any other intellectual property rights in the Inspection Report. You cannot use the Inspection Report for any other purpose without the prior written approval from I-machine.
    • Restrictions on Use of Equipment.
      From the time you provide Listing Details to the I-machine Marketplace or an inspection is performed by I-machine until the Equipment is removed from its location by or on behalf of Buyer following conclusion of a Purchase Contract, you may not operate, lease, rent, modify or alter the Equipment. In addition to any other rights and remedies that I-machine may have, a breach of this provision prior to the conclusion of a Purchase Contract for the Equipment may result in either of the following: (a) I-machine may remove the Equipment from the Marketplace and charge you a Removal Charge; or (b) I-machine may continue with the listing in which case if the Equipment was inspected previously by I-machine, you must have the Equipment re-inspected and pay I-machine a Re-Inspection Fee. If the Equipment was not inspected, you must supply updated Listing Details to I-machine and pay I-machine an additional Listing Fee. In the event of a breach of this provision is determined by I-machine in its reasonable discretion and the Equipment has been sold by a Purchase Contract, the transaction is subject to cancellation and you will be charged a Seller Default Charge in addition to reimbursement of transportation and other costs incurred by Buyer.
  • LIENS
    • Disclosure of Liens.
      You are responsible for making full disclosure to potential Buyers of all liens, adverse claims and other title encumbrances and third party interests that may exist on or pertain to your Equipment. You will at your own cost and expense warrant and defend title to the Equipment on behalf of the Buyer, its successors and assigns, against the claims and demands of all persons. If your net proceeds from the sale of Equipment listed on the Marketplace are insufficient to discharge creditor claims on the Equipment, you are fully responsible for paying the outstanding debt balance immediately upon demand by I-machine.
    • Government Liens.
      If any government body, including but not limited to tax administrations, the Malaysia Small & Medium Business Administration or any other governmental entity, holds a lien or encumbrance on the Equipment, then you shall be responsible for the payment of any independent equipment appraisals and documentation fees required to release such liens. You acknowledge and agree, and hereby authorize, that I-machine may, in its discretion, pay for such appraisals and documentation fees and deduct the amount from the proceeds due to you. If the net proceeds due to you are insufficient to pay the fees, you agree to promptly pay I-machine upon receipt of an invoice for the fees.
  • FEES AND PAYMENT
    • Fees.
      The commissions and fees payable to I-machine in consideration for using the Marketplace to list and advertise Equipment for sale are set forth in the listing agreement. I-machine's standard Fee Schedule is detailed in Schedule 1. Seller may request any of the services outlined in Schedule 1 in association with the sale of Equipment and agrees to pay all fees due for services completed. The cost of the services will be deducted from amounts otherwise due Seller when available. Otherwise, service fees will be invoiced directly to Seller. I-machine may change its fees from time to time, in its sole discretion, with or without notice to you, but no such change shall apply retroactively to Equipment already subject to a listing agreement. It is your responsibility to check all applicable fees prior to entering into a listing agreement.
    • Payment of Proceeds.
      After the Purchase Contract is concluded between you and Buyer, the I-machine Marketplace will generate a third party invoice that is issued to Buyer on your behalf. Buyer is responsible for paying you the purchase price for the Equipment upon conclusion of a Purchase Contract, and you hereby instruct I-machine to facilitate receipt of the purchase price. Further, you hereby grant I-machine the right, in its own name, to enforce your right to payment. You agree that no monies shall be payable to you until paid by the Buyer. Once received by I-machine, any monies due to you, net of any commissions and fees due I-machine as detailed in this Agreement, shall be disbursed within fifteen (15) business days after conclusion of the Purchase Contract. You hereby consent to I-machine's right to offset any other commissions and fees specified in this Agreement or that result from additional services requested by you, with any remainder to be paid within fifteen (15) days following receipt of an invoice. You acknowledge that Buyers may fail to perform or pay on a timely basis and that I-machine shall not have any liability to you for any act or omission of Buyers.
    • Taxes.
      You shall be responsible for the payment of any tax or duty that is your responsibility as a seller of the Equipment.
    • GST.
      This section shall only apply to Purchase Contracts concluded through Machine Online Sdn Bhd. All purchase and offers must be net of any GST imposed with respect to the sale or purchase transaction. Buyers are liable for all such taxes for all purchases. The amount of the successful deal for Equipment shall be exclusive of GST, and the price payable by the successful Buyer shall be increased by the GST chargeable to Buyer for such Equipment. In addition, all commissions, fees and other amounts payable to I-machine arising pursuant to this Agreement are calculated without regard to GST, and the amount payable by Buyer shall be increased by the relevant amount of GST that may be chargeable. To list and advertise Equipment for sale on the Marketplace, even if you would otherwise be entitled to raise a Tax invoice addressed to Buyer for the purchase of Equipment, you agree not to raise such an invoice and instead to accept a Tax invoice raised promptly by I-machine on your behalf after conclusion of the Purchase Contract. The invoice will be issued to Buyer after you have reviewed and approved the invoice by means of an automated process. I-machine is acting as a payment processor only, and you are responsible for ensuring that the correct GST rate is applied and any GST that is due for the purchase of the Equipment under the Purchase Contract. You are required to enter your GST registration number on becoming a registered user of the I-machine Marketplace, and you shall immediately notify I-machine if that number ceases to be valid for any reason. You shall indemnify I-machine and its affiliates, officers, directors, agents and employees against any tax, cost or expense relating to your and/ or Buyer's failure to satisfy any GST chargeable in relation to a Purchase Contract. For the purposes of these Seller Terms, "GST" means Good and Service Tax.
  • YOUR OPTIONS AFTER BUYER DEFAULT.
    If the Buyer fails to pay in accordance with the Purchase Contract, the Buyer is considered to be in default. In the event of a Buyer default, you may at your own risk and account rescind the Purchase Contract with Buyer after which you may elect any one of the following options:
    • Re-list the Equipment.
      You may elect to relist the Equipment in a subsequent online listing within thirty (30) days of the buyer default without incurring an additional Listing Fee. In such case, all other terms and conditions continue to apply; or
    • Withdraw the Equipment.
      You may elect, without penalty, to withdraw the Equipment from listing on the Marketplace.
  • REPRESENTATIONS AND WARRANTIES.
    You represent and warrant that: (a) no Equipment shall be fraudulent, stolen or counterfeit, (b) you are duly authorized to enter into the listing agreement, (c) you are solvent and have not made any assignment, proposal or other proceeding for the benefit of your creditors, and (d) you own all right, title and interest in and to the Equipment and the Equipment is free and clear of all liens or other encumbrances, except as otherwise disclosed by you to I-machine in writing.
  • INDEMNIFICATION.
    You agree to indemnify and hold harmless I-machine, its affiliated companies and their respective officers, directors, employees, agents, subsidiaries, successors and assignees ("Indemnified Parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs) made by any third party due to or arising out of your breach of this Agreement, your improper use of the Marketplace, or your violation of any law or the rights of a third party. I-machine shall promptly notify you in writing of any claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that I-machine, at its option and expense, may participate and appear on equal footing with you. You shall not settle any claim or demand without the written consent of the indemnified parties, with such consent not to be unreasonably withheld or delayed.
  • DISCLAIMER; LIMITATION OF LIABILITY.
    TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE, AND THE INSPECTION REPORT PROVIDED BY OR THROUGH I-MACHINEIS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL I-MACHINE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF I-MACHINE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • LEGAL DISPUTES
    • Contracting Entity.
      Unless otherwise indicated in a global agreement with I-machine, if the origin of your Equipment is in the United States or in other areas not otherwise outlined below, you are contracting with Machine Online Sdn Bhd. (the "Contracting Entity") and transacting in RM,USD, SDG. Otherwise, the Contracting Entity is as outlined below:
      Location of Equipment Currency Contracting Entity
      Malaysia Malaysia Ringgit Machine Online SdnBhd
      Singapore Singapore Dollar Machine Online SdnBhd
      Thailand USD Machine Online SdnBhd
      ASEAN Countries USD Machine Online SdnBhd
    • Governing Law; Jurisdiction and Venue.
      For disputes between you and Machine Online Sdn Bhd, this Agreement shall be governed by the laws of Malaysia. In all cases, this Agreement shall be governed by the laws of the jurisdiction noted above without regard to conflict of laws principles. You agree that the following courts maintain personal jurisdiction over you in the event that the arbitration provisions of this Agreement are found not to apply to you or in connection with seeking equitable relief from a court of competent jurisdiction, if I-machine is the party, (b) the courts located in the Johor Bahru, Malaysia.
    • Dispute Resolution and Arbitration. In the event of a dispute between you and I-machine, you agree to attempt to resolve the dispute with I-machine's Customer Care department for at least ten (10) business days before taking any other action. Following such period, you and I-machine agree that any dispute, claim or controversy arising out of or relating to this Agreement shall be settled by binding arbitration as specified below.
      • Machine Online Sdn Bhd.
        All disputes which arise out of or in connection with this Agreement with Machine Online Sdn Bhd. shall be arbitrated and finally resolved through the KUALA LUMPUR REGIONAL CENTRE FOR ARBITRATION ("KLRCA") in accordance with the commercial arbitration rules of the KLRCA before a single, neutral arbitrator mutually agreed to by the parties, or if the parties cannot agree, by striking from a list of arbitrators supplied by the KLRCA. In any arbitration, the parties and the appointed arbitrators shall comply with the following procedures: (a) the arbitration is a confidential proceeding, closed to the general public; (b) the arbitrator shall be empowered to hear and determine dispositive motions, including motions to dismiss and motions for summary judgment; (c) the arbitrator shall have the right to issue injunctions and attachments and other equitable remedies and award compensatory damages; and (d) any judgment on the award enforced by the arbitrator may be rendered in any court of competent jurisdiction.
    • English Controlling Language.
      All performance under this Agreement and the resolution of disputes including through arbitration shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy between the English version and any translation. If this Agreement is provided to you in a language other than English, I-machine does so solely for your convenience.
    • Power of Arbitrator.
      The arbitrator shall have no power to award consequential, punitive, treble or any other manner of enhanced damages. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The prevailing party in any arbitration shall have the right to an award of attorneys' fees and costs. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DISPUTE AROSE, AND IF NOT COMMENCED TIMELY SHALL BE PERMANENTLY BARRED.
    • Improperly Filed Legal Disputes.
      Any claims that are filed or brought contrary to this Agreement shall be improperly filed and of no force and effect.
  • TERMINATION, RESCISSION AND DEFAULT.
    I-machine shall have the right, in its sole discretion, to terminate this Agreement in whole or in part in the event (a) there are liens, encumbrances or adverse claims on or to any Equipment in addition to those that are listed in the listing agreement, (b) your net proceeds are insufficient to discharge creditor claims and pay
    I-machine's fees after title is cleared, (c) your lien holders are unwilling to release liens and/or allow Equipment to be listed for sale, (d) you are in breach of the Agreement, (e) you have provided inaccurate, fraudulent, outdated or incomplete information during the registration or Listing process or thereafter, (f) you have violated applicable laws, regulations or third party rights, (g) I-machine believes in good faith that such action is reasonably necessary to protect the safety or property of other Users, I-machine personnel or third parties, (h) for fraud prevention, risk assessment, security or investigation purposes, or (i) the Buyer becomes insolvent, unable to pay its debts as they mature, a petition in winding up or bankruptcy or insolvency or for reorganisation or for the appointment of a receiver or trustee of the Buyer or enters into liquidation whether compulsorily or voluntarily, or ceases for any reason to carry on business. In the event of such termination, in addition to any other remedies available to I-machine, you shall pay I-machine (a) 25% of the estimated market value of Equipment, (b) the Listing Fee and (c) any costs incurred by I-machine.
  • AMENDMENT OF SELLER TERMS.
    I-machine may modify, add or remove any portion of the Seller Terms from time to time, in its sole discretion, with or without notice to you, by posting such changes on the Marketplace. Once posted such changes shall come into full force and effect; however no change in commissions and fees payable to I-machine, in consideration for using the Marketplace shall apply retroactively to Equipment already subject to a listing agreement. In addition to other forms of acceptance, use of the Marketplace constitutes acceptance of these Seller Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to Seller Terms.
  • NOTICES.
    Any notice to I-machine must be in writing and must be sent via email to CustomerCare@i-machine.net and by registered mail or overnight courier to Machine Online Sdn Bhd. Notice to you must be in writing and shall be sent to the address provided by you in the listing agreement. Notice shall be deemed to have been given upon three (3) business days after posting by registered mail or one (1) day after delivery to an overnight courier. If you change your address, you are responsible for providing an updated address to I-machine.
  • PRIVACY.
    I-machine's Privacy Notice, located at https://www.i-machine.net/termscond#termstab4, is hereby incorporated by reference. By entering into this Agreement, you are consenting to have your personal data transferred to and processed in Malaysia.
  • GENERAL.
    This Agreement contains the entire agreement of the parties and supersedes all previous communications, representations, understandings and agreements, either oral or written, between us. In the event of a conflict between the Seller Terms and the listing agreement, the listing agreement shall prevail. This Agreement supersedes and replaces the terms in any Seller purchase order or other ordering document, and such documents shall be of no force or effect. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be struck out and the remaining provisions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Agreement. You may not assign or transfer this Agreement or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without I-machine's prior written consent. In the event of a permitted transfer, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. To the extent any novation is required for I-machine to assign this Agreement, you hereby appoint the officers of I-machine as your attorney-in-fact to execute all documents necessary to effect such novation. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitations on liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of this Agreement. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labour dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.
SCHEDULE 1
FEE SCHEDULE
Fees and Charges noted below will be invoiced in the listing currency (RM,USD,SGD )

TERM

DESCRIPTION

 

FEES

Listing Fee

A Listing Fee 3% of the final selling price (in addition to any applicable taxes) shall apply for each piece of Equipment you list on the Marketplace. The Listing Fees are specified in the listing agreement. We would collect the fee after the Equipment was sold.  Additional Equipment will be subject to the prevailing Listing Fee at the time of each Equipment Listing.

 

Lien Search Fee

50.00

 

De-Registration Fee – Machine Online SdnBhd Only

60.00

 

Title Transfer Fee

300

 

Commission

3% as specified in listing agreement based on the final selling Price of the Equipment.

 

CHARGES

Re-inspection Charge

300.00. I-machine reserves the right to determine the exact amount of the Re-inspection Charge for any Equipment requiring re-inspection in its sole discretion on a case-by-case basis.

 

 

 

 

SELLER POST-CLOSING MATTERS

Post-Closing Delay Charge

Charges include, but are not limited to, transportation cancellation or re-scheduling fees, transportation delay fees, hourly or daily average rental cost of equivalent replacement equipment for the buyer, including loading, unloading and transportation costs. I-machine may assess the Post-Closing Delay Charge at its discretion.

 

Seller Default Charge

3% of the final selling price or  Advertisement closing price, plus the Listing Fee and any costs incurred by Buyer and validated by I-machine

 

ENHANCED SERVICES

Logistics Fee-Repair Estimate

75.00 - flat fee

 

Transport Fee

Transport Cost + 10%

 

Storage Fee

Storage Cost + 10%

 

Repossession Fee

Repossession Cost + 10%

 

Make-Ready Fee

Make-Ready Cost + 10%

 

Manufacturer's Statement of Origin (MSO)

& Titling Document Service

300.00 + gov. & man. Fees

 

Title Transfer Service

300.00 + gov. fees

 

Corrected Title Service

300.00 + gov. fees

 

The following Site Usage Terms and Conditions ("Site Usage Terms") establish the terms of your use of I-machine's sites and services (e.g., www.i-machine.net and any third-party marketplace, as well as on-site events to be held by an I-machine company or affiliate) (together, the "Site").
If you ("User") are located within the ASEAN Countries, you are contracting with Machine Online Sdn Bhd, an entity organized under the laws of Malaysia. In each case, the respective entity to which you are contracting shall be referred to as "we" or "I-machine". The Site Usage Terms were last revised on Jan 1, 2017.

  • CAPACITY TO CONTRACT.

    The Site is available only to individuals acting in a professional capacity (non-consumers). The goods traded via the Site are not for personal, domestic or household purpose, use or consumption and primarily subject to repairing or treating.If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on its or his/her behalf.

    Without limiting the foregoing,
    1. minors in any jurisdiction,
    2. consumers that reside in one of countries of the ASEAN and
    3. individuals who have been suspended from the Site
    may not use the Site.

    For Sellers in one of the countries in the ASEAN, the Site may only be used by commercial (non-consumer) parties, who have a valid GST number that is verifiable through the GST department database (accessible via the following web link: https://gst.customs.gov.my/TAP/

  • REGISTRATION.

    Registration is required to use certain features of the Site. I-machine reserves the right, in its sole discretion, to disapprove of any request to become a registered user (a "Registered User") and to suspend or terminate your authorization to use the Site for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site, with the Buyer Terms and Conditions and Seller Terms and Conditions, respectively. You represent and warrant that (i) all information provided to I-machine is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that I-machine may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which are your sole responsibility. I-machine reserves the right, in its sole discretion, to disapprove of any application to list Equipment and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.

  • LOGIN ID, PASSWORD, SECURITY.

    You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your Site account. You agree to notify I-machine immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  • USER RESPONSIBILITIES.

    You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any prohibited activities which shall include but not limited to the following:

    1. Copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "data scraping";
    2. Using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Site in a manner that sends more request messages to I-machine's servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
    3. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
    4. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    5. uploading invalid data, viruses, worms, or other software agents to or through the Site;
    6. Collecting or harvesting any personally identifiable information, including account names, from the Site;
    7. Using the Site for any commercial solicitation purposes;
    8. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    9. Bypassing the measures we may use to prevent or restrict access to the Services; or
    10. Activities which may bring detriment to other Users or I-machine.

  • USER INFORMATION AND PRIVACY STATEMENT.

    I-machine has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see I-machine’s Privacy Notice, located at https://www.i-machine.net/termscond#termstab4 and incorporated herein by reference, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to I-machine's Privacy Notice and, if you're located in countries outside of Malaysia, you expressly consent that I-machine may transfer, process and store your personal data outside of Malaysia.

  • THIRD PARTY LINKS AND ADVERTISEMENTS.

    The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by I-machine. Where I-machine provides such third-party links, no representations or endorsements are made in connection with such sites. I-machine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

    If you access a third-party website from the Site, you do so at your own risk, and you understand that the Site’s Usage Terms and I-machine's Privacy Statement do not apply to your use of such sites.

    You expressly relieve I-machine from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties.

    You agree that I-machine shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

  • MODIFICATION AND AVAILABILITY.

    I-machine may, at any time, delete, modify or supplement the content of this Site without prior notice. I-machine reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. I-machine may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.

  • MONITORING.

    You agree that I-machine has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site. In furtherance thereto, you understand and acknowledge that I-machine will not monitor each and every Contents submitted by Users. The Users shall have the responsibility to report any misconduct or suspicious Contents to I-machine for investigations.

  • SERVICE AVAILABILITY.

    I-machine makes reasonable commercial efforts to make its Services and Site available. However, I-machine is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of other aspects of an Advertisement.

  • SECURITY.

    We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  • COPYRIGHT AND TRADEMARKS.

    The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of I-machine or its licensors.

    The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from I-machine is strictly prohibited.

  • TERMINATION.

    Without limiting any other remedies, I-machine shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in I-machine's sole discretion for any reason, including, without limitation, if we determine that you have violated the Site or commit any activities stipulated in Clause 4.

  • DISCLAIMER; LIMITATION OF LIABILITY.

    TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES, PROVIDED BY OR THROUGH I-MACHINE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHETHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, ROADWORTHINESS, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL I-MACHINE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF I-MACHINE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • GOVERNING LAW.

    For users contracting with Machine Online Sdn Bhd., these Site Usage Terms shall be governed by the laws of Malaysia. In each case, the Site Usage Terms shall be governed by the laws of such jurisdiction without regard to conflict of laws principles.

  • AMENDMENT OF SITE TERMS.

    I-machine may, modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.

  • NOTICES.

    Any notice to I-machine must be in writing and must be sent via email to CustomerCare@i-machine.net and by registered mail or overnight courier to I-machine.

    Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you.

    Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.

  • MISCELLANEOUS.

    If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect.

    The failure by I-machine to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision.

    All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms.

    If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof.

    If these Site Usage Terms are provided to you in a language other than English, I-machine does so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.

This Privacy Notice governs your use of the Services provided by Machine Online Sdn Bhd (hereinafter referred to as "I-machine", “us” or "we") (Company No.: 1217661-X) of 51-02, Jalan Molek 3/1,Taman Molek 81100, Johor Bahru, Johor, Malaysia. We are committed to protecting your privacy. To help you understand how we collect, use and share information about you, we encourage you to read this Privacy Notice, which applies to your use of the I-machine web site(s) operated by I-machine (e.g., www.i-machine.net), and any website on which this Privacy Notice appears, along with any emails/notifications that we send to you, and any mobile applications that we provide to you, including the "I-machine" mobile app (together the "I-machine Sites" or the "Sites"). By continue using our Sites, you hereby acknowledge that you have read, understand and agree with the Privacy Notice and give consent to us for the processing of data in accordance with Personal Data Protection Act 2010.

This Privacy Notice is given in light of Section 7 of the Personal Data Protection Act 2010, which describes:

  • What Information I-machine Collects
  • How the Information is Processed
  • Source of personal data collection
  • Information Sharing: How and With Whom We Share Your Information
  • Miscellaneous Policies and Information
  • Contact Information

  • The Information I-machine Collects

    I-machine gathers information from you in 5 ways: (1) information you provide during voluntary registration and related to Equipment listings, (2) information passively collected through technologies such as cookies, web beacons, and server log files, (3) provide comments or submit a problem to us, (4) request information from us and provide your name or return contact information, and (5) join any contests or surveys organised by us. We refer to these types of information as "Information" in this Privacy Statement.

    Information You Provide. When you register with I-machine and/or wish to use the I-machine Sites, we may ask for certain personal information, such as your name, address, email address, identity number, passport number, mobile number, location or nationality. Other specific services that may be offered to you by I-machine from time to time may have additional registration requirements and so may require you to provide additional information. These may include payment or shipping information or other contact information. You may elect not to supply the above-mentioned Information, however, if you refuse or fail to supply the information, we may not be able to provide you with the Services.

    Information Collected Automatically. We also collect information about you, your browser or your device (and how you interact with them or with the I-machine Sites), when you access the I-machine Sites, using automated means such as cookies, web server logs, web beacons and JavaScript. Those technologies and the data they collect include the following:

    • Cookies.
      Cookies are files that websites and other servers may send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Sites and emails may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager by following Adobe's instructions here (instruction vary depending on your operating system and version of Flash). Please note, however, that without cookies you may not be able to use all of the features of our (or other) Sites.
    • Web Server Logs and Web Beacons.
      In conjunction with the gathering of information through cookies, Web servers may log information such as your device type, operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record information such as the address of the Web page that referred you to our Sites and the IP address of the device you use to connect to the Internet (which may indicate to us your general location). They also may log information about your interaction with our Sites, such as which pages you visit or how you engage with, open or respond to emails that we send. To control which Web servers collect information by automated means, we may place tags on our Web pages or in our emails called "Web beacons," which are files that link Web pages to particular Web servers and their cookies.
    • JavaScript.
      We or third parties also may send instructions to your device using JavaScript or other computer languages to store or gather the sorts of information described above and other details about your interactions with the Sites.
    • Mobile Device Identifiers.
      We may collect information about your mobile device, including unique device identifiers such as Apple IDFAs or Android Advertising IDs, device type, mobile browser information, and IP address (from which we may infer your general location information).
    • Social media information.
      If we provide a way to log in to your account or our website using an external social media account, the social media account platforms provider (for instance, Facebook) may automatically send us information about your account or your profile. To learn more about what data about you those social media platforms may share with us, you should consult the privacy and data policies of those platforms.

  • How the Information is Processed

    Our primary purpose in obtaining your information is to provide you with the I-machine services as efficiently as possible and communicate with you in various ways. For example, I-machine uses your personal information to identify you as a customer, to set up and administer your account, to take, process, and deliver your deals for Equipment, to process or obtain payment of your orders, and to provide you with effective customer service and/or technical support. More specifically, we may use the information you provide directly to us and information collected by automated means for a number of purposes, including to:

    1. Process, evaluate, and respond to your purchases, requests, inquiries, and applications.
    2. Create, administer, and communicate with you about your accounts, including by email (as further described below).
    3. Contact you with marketing communications online and offline (including co-marketed and co-branded communications), and compile aggregated statistics and determine the effectiveness of our promotional campaigns.
    4. Display relevant advertising to you on our Sites and across the Internet for I-machine, our co-marketing or co-branding partners or other third parties (such as third parties that wish to display ads or other content on our Sites).
    5. Verify your identity and track how you use our Sites.
    6. Operate, evaluate, and improve our business (including developing new products and services; manage our communications; perform market research and data analytics and data enhancement; determine and manage the effectiveness of our advertising and marketing; analyse, improve and customize products, services, I-machine Sites and communications; administer the I-machine Sites; and perform accounting, auditing, billing, reconciliation, and collection activities).
    7. Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure and quality.
    8. Comply with and enforce applicable legal requirements, industry standards and our policies and terms, such as our Terms of Use.

    E-mail. If you register with the I-machine Sites, from time to time, we may email you with informative messages about our services or third-party products and services we believe may be of interest to you. If you do not want to receive these types of emails please let I-machine know by email to Privacy@i-machine.net. I-machine also provides opt-out information in all marketing communications via an "unsubscribe" link in communication emails. This link directly unsubscribes you from any further communications from us that are unrelated to a service we are providing or are required to provide to you. Please note that it may take us some time to process your requests, consistent with applicable law.

    Web Analytics. We sometimes use third-party Web analytics services on the I-machine Sites, such as those of Google Analytics. These service providers use cookies and other technology (as described in the "Information Collected Automatically" section) to help us analyze how users use the Sites. The information collected by such technology (including, where applicable, your IP address) will be disclosed to or collected directly by these service providers. Learn about Google Analytics and its opt-out choices here.

    Ad Targeting. When you visit or log in to the Sites or interact with our Services (such as when you open or respond to an email we send you), data may be collected for use in providing advertising tailored to your individual interests on other websites and online services. You have choices as to whether to have your information collected for that purpose. We participate in advertising services administered by third parties. The ad services may track your online activities over time by collecting information through automated means, including through the use of the automated technologies described above. They may use this information to show you advertisements for I-machine or others that are tailored to your individual interests or characteristics and/or based on prior visits to the I-machine Sites. We and third-party vendors may use first-party cookies and third-party cookies together, as well as other automated means and the data collected through such means (i) to inform, optimize, and serve ads (including ads based on past visits to the I-machine Sites) and (ii) to report on our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services or emails you receive (including how they are related to visits to the I-machine Sites). To learn more about interest-based advertising generally, including how to opt out from the targeting of interest-based ads by most ad service providers and platforms, please click here.

    Anonymous or De-Identified Data. I-machine may anonymize and/or de-identify information collected by the I-machine Sites or via other means so that the information does not identify you. Notwithstanding any other provision in this Privacy Statement, I-machine's use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Statement, and we may disclose it to others without limitation for any purpose.

    Specific uses of personal information that vary from this Privacy Statement (if any) may be found in the terms and conditions or privacy policies applicable to that particular service. To the extent that you are notified of uses of your personal information which are different from those described in this Privacy Statement during your enrollment in any particular service, contest or promotion, the uses of which you are specifically notified will govern that service, sweepstakes, contest or promotion.

  • Information Sharing: How and With Whom We Share the Information
    • Sharing With Affiliates.
      We may share any of the Information with affiliated companies under common ownership or control, such as companies that are part of the I-machine family of companies. Click here for a list of those affiliates. We share information with our affiliates so that they may provide you with information regarding products and services that may be of use to you, and for any other use set forth in this Privacy Statement. If we choose to share Information in this fashion, we will require our affiliates to honour this Privacy Statement.
    • Sharing With Non-affiliated Third Parties and Partners.
      We may share any of the Information with our partners, such as dealers or original equipment manufacturers, with whom we offer co-branded, joint, or customized products or services, or other parties whose offers of services or products we believe you may wish to receive. This information may include, for instance, your contact information and information about your purchases or likely interests. To learn more about how data may be shared with Nonaffiliated Third Parties and Partners, including how to opt out, please click here.
    • Sharing With Service Providers.
      We share personal information we collect on our Sites with our service providers. These may include, for instance, third parties that provide services to us regarding email marketing, market research, data analytics and data enhancement, customer service, site operations and hosting, systems management, accounting, auditing, billing, reconciliation, and collection activities.
    • Sharing of Aggregated or Anonymized Data.
      We may share aggregated, anonymized or de-identified personal information with any third party, without any restriction, including through the use of cookies and other automated technologies. We may share personal information at your request.
    • Sharing As Required by Law and at Our Discretion.
      Subject to applicable law, we may disclose information about you: (i) if we are required to do so by law, regulation or legal process, such as a subpoena; (ii) when we believe disclosure would be appropriate in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss to ourselves or any person (including regarding any potential violation of the law or our terms or policies); (iv) in connection with an investigation of suspected or actual unlawful activity; or (v) for fraud detection and prevention.
    • Sharing Upon Corporate Events or Changes.
      We also will transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, dissolution or liquidation) or take steps in anticipation of such a transaction.
    • Third Party and Social Media Plug-Ins.
      Third parties may collect information about your online activities over time and across different websites when you use I-machine Sites. For example, we may enable social network plug-ins, whereby those social media providers embed content and tools on our Sites (i.e., the plug-ins), which may collect personal information directly from you in connection with your interaction with such content and tools. Such providers' use of the information is subject to their own privacy policies, which we recommend you review. We are not responsible for such providers' privacy practices, which are not covered by this Privacy Statement.
  • Miscellaneous Policies and Information
    • Security of Information

      We take our responsibilities seriously and employ what we believe to be appropriate physical, technical, and managerial measures to protect your personal information from unauthorized access. Although I-machine uses reasonable efforts to safeguard the privacy of your personal information, transmissions made by means of the Internet cannot ever be made absolutely secure.

    • Public Disclosure of Data

      You should be aware that if you voluntarily disclose personal information online in a public area, that information may be collected and used by others. We do not control the actions of our visitors and registered users. If you disclose personal information in a publicly accessible place in the I-machine Sites, you do so at your own risk and you understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. The foregoing does not waive I-machine's right to enforce any legal and contractual rights it may have against those who scrape, crawl or extract data from the Sites, including any such restrictions that may be set forth in our other posted terms and policies.

      Please remember that you are solely responsible for maintaining the secrecy of any password you use to register and you should always be careful and responsible whenever disclosing information online.

    • Notice to Non-Malaysian. Users

      Our computer systems are currently based in the Malaysia, so your personal data will be processed by us in Malaysia where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. If you create an Account with the I-machine Sites as a visitor from outside Malaysia, by using the I-machine Sites, you agree to this Privacy Notice and you consent to the transfer of all such information to Malaysia, which may not offer an equivalent level of protection of that required in the relevant countries or certain other countries, and to the processing of that information as described in this Privacy Notice.

      By using the I-machine Sites and services, you signify your acceptance of this Privacy Notice. If you do not agree or are not comfortable with any policy described in this Privacy Notice, you should immediately discontinue use of the I-machine Sites. We reserve the right to modify this Privacy Statement at any time. Your continued use of any portion of the I-machine Sites following notification or posting of the updated Privacy Notice will constitute your acceptance of those changes.

    • Correction, Removal, and Contact Information

      If you would like to make any inquiries or complaints or request access or correction of your personal data or where you elect to limit I-machine’s right to process your personal data, you may contact us at Privacy@i-machine.net.

      We may review and update this Privacy Notice from time to time to reflect changes in the law, changes in our business practices, procedures and structure.

      If you have questions or concerns about this Privacy Statement, please send an e-mail to Privacy@i-machine.net.

Machine online Sdn Bhd
51-02, Jalan Molek 3/1,
Taman Molek 81100,
Johor Bahru, Johor, Malaysia

The Surplus Terms and Conditions were last revised on Jan 1, 2017.

  • THE PROPERTY
    • Hazardous Components or Constituents.
      Certain property may have components, parts, constituents or ingredients that may be corrosive, reactive, ignitable or exhibit other hazardous or toxic properties. You are cautioned to use and ultimately dispose of any hazardous components or constituents according to all applicable local, national or international laws and regulations in a manner safe for the public and the environment.

      Certain pieces of property may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances. Certain pieces of property have design features that may be hazardous if warning labels are not heeded.

  • REMOVAL OF PROPERTY

    You understand and agree that the Disposition Services reserves the right to withdraw any and all property offered for sale up to the time the property is removed. If this occurs, I-machine's liability is limited to return of the purchase price paid for the lot.

    I-machine has no liability for specific performance, incidental or consequential damages.

    You are responsible for rigging, loading, securing and transporting purchased property, including all costs and risks associated with removal. Please note that I-machine does not package items prior to pick up. Buyers need to make arrangements for packing of purchased items with a packing and shipping store, or other suitable vendor.

    Where I-machine indicates the property must be loaded by the Buyer, you must provide all material handling equipment and properly trained and certified operators to operate said equipment. Additionally, you must provide proof of adequate general liability insurance, and proof of worker's compensation insurance. I-machine must be listed as additional insured on the general liability insurance. Your employees or agents are responsible for compliance with all federal, state, local and host installation (the military installation where the property is located) environmental, safety and health regulations while operating equipment on the site.

    In the event I-machine extends the removal period to accommodate your needs, you understand and accept that any liability and risk of loss does not rest with I-machine or the Disposition Services, but is at your own risk.

    Buyer certifies that Buyer maintains the minimum legally required workers compensation insurance on any employees performing work for Buyer at any government facility.

    You are responsible for any damages to property, including spills or releases of hazardous substances, which might occur during the removal process. Failure by you or your agent to clean up any releases or to repair any damages may result in your being banned from future participation in I-machine sales, and you may be reported to the appropriate authorities.

    Either you or your agent will be required to sign for all material in the presence of an I-machine representative (unless otherwise approved by an authorized I-machine agent) prior to removing property.

  • TRANSFER OF TITLE
    • Timing of Transfer of Title.
      Unless property is being sold with a requirement for demilitarization or other destructive scrapping, title will transfer to you upon removal of the entire lot from the military installation. Title to property that requires demilitarization as a condition of sale (DCS) or that requires some other form of destructive scrapping will not pass to you until the demilitarization or destructive scrapping has been completed and evidence of completion has been provided to us. Under no circumstances will title to any property pass to the buyer until payment in full has been made to I-machine.
    • Transfer of Title to Vehicles.
      If requested, I-machine will supply to customers under the following conditions: The vehicle must have been sold in a "usable" property sale. There is a processing fee, of which the amount is depending on where the item is purchased, for EACH document requested. Customers that purchase items located in the Malaysia and that request a state certificate of title or duplicate state certificate of title will be charged RM300. In addition, I-machine will charge a document preparation fee of RM300 for each state certificate of title or duplicate state certificate of title.

Last Revised: Jan 1, 2017

Abandonment Policy

I-machine provides this Abandonment Policy to inform you of our policies and procedures regarding Equipment that has not been removed by Buyers in a timely manner after close of a Purchase Contract.

I-machine may deem a Buyer's failure to claim and remove Equipment within sixty (60) calendar days following the close of a Purchase Contract to be evidence of Buyer's intention to abandon the Equipment. In these instances, I-machine may take action that is adverse to Buyer's interest in the Equipment, including, but not limited to, steps to dispose of the Equipment. Disposition of the Equipment may include a variety of approaches based upon the value of the Equipment as follows:

  • For those items with a Final Selling Price of 2,000.00 (USD, RM, SGD ) or less, I-machine will work with the Seller to determine the appropriate disposition approach which may include:
    1. Removing the item from the Seller's location and disposing of the item as I-machine deems appropriate; or
    2. Allowing the Seller to retain or scrap the item; or
    3. Advertise the item for sale on I-machine's Marketplace, whereby I-machine will remit the resale amount to the Buyer less I-machine's expenses, storage costs*, any Seller-related expenses, and a 20% administrative fee.
  • For those items with a Final Selling Price of greater than 2,000.00 (USD, RM, SGD), I-machine will remove the item from the Seller's location and resolve as follows:
    1. As requested by the Seller prior to removal of the Equipment, I-machine will reimburse the Seller on Buyer's behalf for standard storage fees of 25.00 (RM, USD, SGD) per day, with the total amount not to exceed 1,500.00 (USD,RM, SGD); and
    2. The item will be advertised for sale on I-machine's Marketplace and I-machine will remit the resale amount to the Buyer less I-machine's expenses, storage costs*, any Seller-related expenses, and a 20% administrative fee.

*If a Buyer has not removed the equipment from the Seller's location within eight (8) business days after the close of a Purchase Contract, the Buyer will be responsible for directly paying the Seller any and all storage fees if levied by the Seller. If levied by the Seller, standard storage fees will be 25.00 (USD, RM, SGD) per day, beginning on the 9th day after the close of the Purchase Contract.

Copyright Policy

I-machine respects the intellectual property of others, and we expect our users to do the same. I-machine may suspend and/or terminate listings and/or the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should provide I-machine's copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

I-machinecan be reached as follows:

By mail: customercare@i-machine.net

Machine online SdnBhd
51-02, Jalan Molek 3/1,
Taman Molek 81100,
Johor Bahru, Johor, Malaysia
By email: copyright@i-machine.net