General Terms

Welcome to Machinery-onQ!

Please find below the relevant terms and conditions associated with the use of this internet platform. By using and/or signing into the Machinery-onQ (from here on called MoQ) platform the user agrees to comply with our terms. All users are required to review our terms and conditions as outlined in this page.

General information about MoQ

MoQ is an international web-based public marketplace for users to source, buy, rent and sell machinery. Our platform presents a large selection of new and used machinery from manufacturers, wholesalers, distributors and end users worldwide. The purpose of MoQ is to publish advertisements of new and used machinery and establish a contact between potential buyers and sellers.

Any sales agreement regarding a machine advertised on the MoQ platform is negotiated and closed between the seller and the buyer directly. MoQ is not in any way involved in any transaction between the buyer and the seller.

Details of the advertised machinery are at all times provided by the seller. MoQ is not responsible for the information presented in the advertisement on the MoQ platform.

The purpose of the advertisements published on the platform is solely to inform. The team at MoQ provides ample opportunity for the seller to thoroughly describe the machines put up for sale and uses its best endeavours to encourage sellers to act in good faith. Nevertheless we cannot guarantee that the seller has supplied the correct information. Purchasers are advised to check all information supplied directly with the seller or hirer. MoQ is not responsible for the quality of the product offered for sale nor for the details and the terms of the sales agreement between buyers and sellers.
Registering as a user on the MoQ platform

Registering as a user on the MoQ platform requires entering the requested user data in the Sign Up form located in the top right corner of the screen. MoQ will request additional information as it is needed to provide the services solicited by the user.

MoQ stores the provided information, which means that the user does not need to enter them again next time they visit. Anyone who registers as a user of MoQ should be of minimum age of 18 years old. MoQ reserves the right to refuse registration without giving any reason. MoQ may terminate user rights if the information provided is insufficient or incorrect or if they have neglected to notify changes. MoQ can also deny the right to use our platform and cancel an account if a user acts against the terms and conditions. MoQ reserves the right to take whatever other action its lawyers may consider appropriate in regard to any user on the platform.

To use the MoQ platform, the user needs a username and password that must be kept safe from access for unauthorized persons. A user must immediately change their password via the MY ACCOUNT pages, or if not possible, notify MoQ by e-mail if a third party has gained access to their user name or password. Until the message is received, the user is responsible for the use of MoQ with their username and password, even if the use is not authorized by the rightful user.
Data protection and use of cookies

MoQ respects the users' privacy and strives within commercially reasonable means to prevent inappropriate use of the personal data provided to the MoQ platform.

Data is transferred only within the framework of rights and obligations in the current legislation.

Further information on how we use your personal data can be found in our Privacy Policy which also includes information about the use of cookies by MoQ.

By registering as a user of the Internet Service the user unconditionally agrees to this Privacy Policy, including MoQ’s use of cookies.
Publishing a machine listing

Posting a machine listing, either through the online form or through details sent to MoQ, is interpreted as a request to have the advertisement published on the MoQ platform.

The user of the MoQ platform is responsible for making sure that they have the required authority and permissions to post machine listings on the MoQ platform. The content produced should not infringe on any intellectual property rights or other rights of any other person or entity and should not contain statements or material the publication of which may give rise to liability to damages or liability for MoQ.

The user of the MoQ platform indemnifies MoQ for any loss sustained by MoQ, including legal fees and shall fully compensate any and all damage to MoQ in the event of any loss or damage arising from user content which does not comply with this provision.

If an advertisement for some reason is found not suitable for publication, MoQ will contact the seller via email. MoQ reserves the right to remove the content immediately without further notice to the seller and to terminate the usage rights of a seller or buyer that, according to MoQ’s assessment, is using the MoQ platform improperly or in a way deemed inappropriate. The preconditions for publication of each advertisement are assessed separately.

An advertisement may apply to one machine only.

It is the seller's responsibility to ensure that the advertisement contains the correct product data that provides sufficient information about the machine, its condition and other factors that are important in view of a buyer and in compliance with laws, government regulations and good merchant manners. The advertiser agrees to comply with the information on price and warranty and other information provided in the online advertisement.

MoQ has the right to edit, classify, and copy all or part of the material entered into the MoQ platform and use it freely in its business.

MoQ is not able to check whether the information supplied by the user is correct. Therefore, the seller is fully liable and will indemnify MoQ for any costs and damages incurred due to incorrect information given to MoQ. It is possible to suspend the publication of an advertisement at any time. The advertisement fee will not be charged if the advertisement is cancelled before it is published.

Advertisements are usually visible on the Internet within minutes. Due to MoQ’s publishing, safety and security processes or potential internet and server outages, there may occasionally be a delay before paid advertisements are visible on the MoQ platform. MoQ applies his best endeavours to ensure a fast delivery of the ordered advertisement.

MoQ is required to return the advertisement fee if MoQ fails to publish an approved advertisement. The compensation for an unpublished advertisement is limited in all cases to the paid advertisement fee. Advertisement fee does not need to be returned if the advertisement has not been published because of factors beyond MoQ control or for reasons which MoQ could not reasonably foresee or prevent.
Charges and Billing

Registration is not required for users to read MoQ advertisements or to contact sellers. Registration as a user with MoQ is free and is required for the user to ‘Shortlist’ (save) machine listings or to access and process the start of written enquiries with sellers and/or the MoQ team.

The publication of individual advertisements on the MoQ platform is a chargeable service. The price for a machine listing depends on the ASKING PRICE entered for the machine by the seller. Sales taxes will be included in all prices on MoQ’s price list where applicable and specified on the invoice.

Prices for single advertisements are set for a 91 days advertising term.

MoQ reserves the right to update the prices at any time. The updated prices are valid immediately for all new advertisements and for all extensions of existing advertisements.

Publication of an advertisement that is sent to the MoQ platform is always conditional upon that the fee is paid for the advertisement. Advertisements for individual machine listings are paid by PayPal or by credit card. Please contact us to organize payment by bank transfer.

For the processing of payments MoQ utilizes the Payment Solutions from PayPal. PayPal has achieved PCI DSS compliance certification under various programs and standards. This underscores their commitment to security and the protection and integrity of customer data. Only when payment is confirmed as successful by the PayPal Payment system will a machine listing be activated.

No advertisement will be published before it is fully paid.

Contract customers who advertise their machinery on a continuous basis, are invoiced according to customer agreement.
Information on advertised vehicles and machinery

MoQ wants to emphasize to the user that the data on the used machinery published on the MoQ platform is provided by the sellers. The data on the machines estimated condition is based on a subjective assessment by the seller, and is the seller's own perception of the machine's condition.

The data on the machine´s condition is thus not based on an evaluation conducted by an independent and neutral observer. MoQ is not responsible for the correctness of such information.

The seller is required to include correct contact details in the listing.

Once published an advertisement remains available in the Machinery-onQ search results, within the relevant categories and if matching the user selected search filters, for up to 91 days.

The seller can access and manage the details of his listings at any time via the DASHBOARD. As soon as a machine becomes unavailable the seller is expected to close the listing. Shortening of the agreed 91 days listing term will not incur a refund.

Advertisements are expired automatically at the end of the 91 days term.

The seller can add or update details of his listings at any time, except the main specifications which define a machine: BRAND, MODEL AND TYPE. The seller can adjust the price for listed machines. However, once the ASKING PRICE is entered and the matching listing fee is paid, the maximum ASKING PRICE is set by the paid listing fee and cannot be exceeded.

If the ASKING PRICE is reduced to a level which according to the price list links to a lower listing fee, there will be no refund of the difference in listing fee.
Correspondence between potential buyers and sellers
All email enquiries between sellers and buyers will first be available on MoQ via the DASHBOARD. An email alert is sent to the recipient to inform of a new enquiry, the email includes a link to the DASHBOARD. The first reply to the enquiring party needs to happen via the online web form. Machinery-onQ ensures a direct delivery of any correspondence to the correct recipient(s).

MoQ expects the seller to respond to any received enquiries related to his listing(s). MoQ will issue reminder emails if an enquiry remains unanswered.

As soon as a sales enquiry is processed and the sender has received a reply from the seller, the direct contact details of the buyer and the seller will be available in their respective DASHBOARDS and the correspondence can continue outside the MoQ platform.

MoQ has a comprehensive system to block spam and scam enquiries and does its best to detect and catch any of these before they end in the recipient’s inbox. This system may cause a delay in the availability of posted messages. This delay is normally not longer than 30 minutes, but possibly up to 48 hours in case of a system failure.

If a user still receives a message which they consider to be offensive in any way, they can report the message via the DASHBOARD. The team at MoQ takes every report serious and will block and cancel all correspondence for a user if we agree with the reported suspicion … We will do our best to block any future correspondence from the offender …
Intellectual Property Rights

The user acknowledges that all intellectual property rights with respect to the web sites, the domains, the sub domains, the design, the text, the content, the images, the logo, the trademark MoQ, the software and program material and other material contained in the MoQ platform belongs to MoQ, with the exception of the content of the advertisements, and the user hereby explicitly waives any rights in respect of such intellectual property. Unless MoQ has explicitly given written permission, the users may not distribute, publish, reproduce, make available to the public or commercially or otherwise exploit the protected material.
Compensation for damages and limitation of liability

MoQ does not warrant that the MoQ platform will operate error-free or that the MoQ platform and its servers are free from computer viruses or other harmful mechanisms. MoQ cannot be held liable for any damage resulting from errors, computer viruses or other harmful mechanisms. If the use of the MoQ platform results in the need for servicing or replacing equipment or data, MoQ is not responsible for these costs. MoQ platform is delivered "as is" and MoQ is not responsible for any damages caused by the use of the MoQ platform or the malfunction or failure of the MoQ platform.

If there is an error caused by MoQ in the case of fee-based services, MoQ can choose either to correct the error or return the advertisement fee to the user. The amount of compensation is at most equal to the amount of the ad fee that the user has paid for MoQ for use of the MoQ platform. MoQ is not responsible for damage caused by user or third party or damage that MoQ could not reasonably have foreseen.

The MoQ platform features links to Internet sites that are published by external service providers which are independent from MoQ. Although MoQ offers links to these services, MoQ wants to make known that these services are provided by the relevant service providers and are to be used on terms determined by those suppliers. MoQ is not responsible in any way for the products or services of others.
Availability

MoQ has the right, without notice, in whole or in part, to remodel, remove, add or otherwise change the contents of the MoQ platform, or its operating times, technical details or other content. MoQ has the right to temporarily suspend delivery of the MoQ platform for maintenance or modification of the MoQ platform and MoQ cannot be held liable for such suspension, maintenance or modification.
Amendment of conditions

The selection and design of the MoQ platform is constantly evolving and therefore MoQ reserves the right to change the conditions of its services. At the time of login the user shall be informed of the amended terms and conditions, or via e-mail. The amendments will become effective after login or within 30 days after publishing of the amendments on the MoQ platform (including through email). If users continue to use the MoQ platform after the terms have been changed, they acknowledge that the new terms are binding on them even if they have registered as user prior to the new terms came into force.
Feedback

If you believe that material in the MoQ platform to any part is incorrect or faulty, please notify us by sending information to MoQ via the ‘Contact OnQ’ link in the footer of all MoQ pages. Please describe the error or defect in detail in the message. The team at MoQ will endeavour to respond in a timely manner.
Nullity of Terms

If any term of these general terms is considered to be invalid, void or unenforceable to any extent, all remaining terms shall remain in full force and effect.
Force majeure

A party is not liable for breach of contractual obligations due to obstacles that are beyond the party’s influence (e.g. strike, lockout, data communication disorder, fire, theft, water damage, sabotage, vandalism or any other such unexpected event), obstacles a party reasonably could not predict when concluding the agreement and the consequences which the party could not reasonably have prevented.
Validity of terms

These binding conditions will take effect when a user accepts them by using the MoQ platform or by registering as a user on the MoQ platform. The conditions are valid for an indefinite period. MoQ can always deny the user the right to use the MoQ platform if the user violates these conditions, interferes with other users or usage of MoQ.
Early termination

Notwithstanding what is otherwise prescribed, either party may by notice cancel the agreement with immediate effect if:

a) Either party fundamentally breaches its responsibilities under this agreement and fails to remedy within 30 days after written request.

b) Either party suspends payments, offers instalment, goes bankrupt, becomes subject to seizure or other similar circumstance occurs that could reasonably be regarded as evidence of insolvency or liquidation.
Subcontractors

MoQ has the right to use subcontractors in the provision of its services.
Settlement of disputes and applicable law

This Agreement will be interpreted under and governed by the laws of Queensland and the User submits to the exclusive law and jurisdiction of the courts of Queensland and any courts that may hear appeals from those courts in respect of any proceedings in connection with this agreement.
Contact information

Machinery-onQ
ForkliftAction Media Pty Ltd
63 Lugg St
Bardon QLD 4065
Australia