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.
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 |
SCHEDULE 1 |
FEE SCHEDULE |
Fees and Charges noted below will be invoiced in the listing currency (RM,USD,SGD ) |
TERM |
DESCRIPTION |
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FEES |
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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 |
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Title Transfer Fee |
300 |
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Commission |
3% as specified in listing agreement based on the final selling Price of the Equipment. |
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CHARGES |
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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. |
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SELLER POST-CLOSING MATTERS |
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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 |
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ENHANCED SERVICES |
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Logistics Fee-Repair Estimate |
75.00 - flat fee |
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Transport Fee |
Transport Cost + 10% |
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Storage Fee |
Storage Cost + 10% |
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Repossession Fee |
Repossession Cost + 10% |
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Make-Ready Fee |
Make-Ready Cost + 10% |
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Manufacturer's Statement of Origin (MSO) & Titling Document Service |
300.00 + gov. & man. Fees |
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Title Transfer Service |
300.00 + gov. fees |
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Corrected Title Service |
300.00 + gov. fees |
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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,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 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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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:
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:
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.
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.
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.
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.
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.
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.
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.
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:
*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:
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