These terms apply to everyone who uses machinefinder.co.uk (“MachineFinder”, “we”, “us”), whether advertising a machine, contacting a seller or browsing. By using the site you agree to them. If you do not agree, please do not use the site.
1. What MachineFinder does
MachineFinder is an advertising service. It publishes advertisements for used machinery located in the United Kingdom and passes enquiries from buyers to sellers. That is all it does.
MachineFinder is not a seller, dealer, broker, agent or auctioneer, and it is not a party to any sale. In particular, MachineFinder does not:
- own, inspect, test, value or certify any machine;
- check that a listing is accurate, or that a machine is safe, legal, complete or fit for any purpose;
- verify the identity of sellers or buyers, or confirm that a seller owns the machine or that it is free of finance or other claims;
- take, hold or pass on payments for machines, or offer any escrow or payment protection;
- arrange or take part in viewing, loading, transport, delivery or installation.
Listings are reviewed before they appear to keep out spam and obvious misuse. That review is not an inspection of the machine or a check of the seller, and a listing being published is not a recommendation or guarantee of any kind.
2. Responsibilities of sellers
When you advertise a machine, you confirm that:
- you own the machine or have the owner’s authority to sell it, and you will tell buyers about any finance, lease or other claim on it;
- the machine is used machinery located in the UK and is genuinely for sale;
- the description, photos, price and condition are accurate and complete, known faults are disclosed, and nothing is misleading;
- the photos are your own or used with permission;
- you will comply with every law that applies to the sale, including consumer law if you sell in the course of a business, and the duties that apply to supplying equipment for use at work;
- you will mark the listing as sold, or delete it, once the machine is no longer available.
The seller alone is responsible for the listing, the machine and the sale. If you sell as a business, you must choose “Trade seller” when listing.
3. Responsibilities of buyers
- Every agreement is made directly between buyer and seller. You decide whether to buy, and you do so at your own risk.
- Before paying, see the machine working, check its condition, its paperwork and the seller’s identity, and confirm that it is free of finance. The buying guide lists sensible checks.
- Before putting a used machine to work, the user must make sure it is safe and meets the Provision and Use of Work Equipment Regulations 1998 (PUWER) and, for lifting equipment, the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), including a current thorough examination.
- Each listing shows whether the seller is a trade or private seller. If you buy as a consumer from a business, your statutory rights (for example under the Consumer Rights Act 2015) are against that business, not against MachineFinder. If you buy from a private seller, many of those rights do not apply, although the machine must still match its description.
4. Payment, collection and transport
Price, payment, collection, loading, transport, delivery and any warranty are agreed between buyer and seller. MachineFinder has no part in them and is not responsible for loss, damage or injury that occurs while a machine is viewed, dismantled, loaded, moved, delivered, installed or used.
MachineFinder will never ask you to pay for a machine, never hold money for a sale and never send you a payment link, invoice or “buyer protection” offer for a machine. Treat any message claiming otherwise as fraud and report it to us and to Action Fraud.
5. Listings and site content
Listings are written by sellers, and MachineFinder does not endorse them. Guides and other information on the site are general information only. They are not professional, legal or safety advice for any particular machine or situation.
The site is provided as it is and as available. We do not promise that it will always be available or free from errors, and we may change, suspend or withdraw any part of it.
6. Our liability
To the fullest extent the law allows, MachineFinder is not liable for:
- the condition, quality, safety, legality, description, value, ownership or fitness for purpose of any machine;
- anything a buyer or seller says or does, including misdescription, failure to complete a sale, non-payment, non-delivery or fraud;
- any loss or damage arising from a sale or attempted sale, or from viewing, loading, transporting, installing or using a machine;
- loss of profit, revenue, business, contracts, goodwill or anticipated savings, business interruption, or any indirect or consequential loss.
If MachineFinder is found liable to you for any other reason, its total liability is limited to the greater of the fees you paid to MachineFinder in the 12 months before the claim and £100.
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law. Nothing in these terms affects your statutory rights as a consumer.
7. Your responsibility for your listings
If you advertise in the course of a business and a claim is made against MachineFinder because of your listing, your machine, your sale or your breach of these terms, you agree to reimburse MachineFinder’s reasonable losses and costs arising from that claim.
8. Reporting a listing
Each listing has a “Report this listing” link. We review reports promptly and remove listings that appear misleading, unlawful, fraudulent or not genuinely for sale. We may also refuse, edit for formatting, suspend or remove any listing, or block any user, at any time and without giving a reason.
9. Fees
Listings are free during the launch period. If paid listings or features are introduced, the price will be shown clearly before you choose them. A fee pays for advertising only. It does not guarantee enquiries or a sale, and it is not refundable once the listing is published, except where the law requires a refund.
10. Acceptable use
Do not use the site to send spam, to collect other users’ contact details, to advertise anything other than genuine used machinery, to commit or attempt fraud, or to harass anyone. Automated copying of listings is not permitted.
11. Personal information
How personal information is used is explained in the privacy policy.
12. General
These terms may be updated. The version on this page applies from the date it is published. If any part of these terms is found to be unenforceable, the rest still applies.
These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.
Questions about these terms: listings@machinefinder.co.uk.