Asia's #1 Used Heavy Equipment Marketplace — Buy & Sell Your Used Heavy Equipment & Construction Machinery!
HeavyMart.com Terms & Conditions
These terms and conditions ("Agreement") outline the rules and regulations for the use of www.heavymart.com ("HeavyMart").
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use www.heavymart.com if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Singapore. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
This Agreement shall begin on the date hereof.
- HeavyMart is a marketplace ("Marketplace") for businesses and users to post their equipment, data, material, information and opinion ("User Content") in areas of the website. Whilst HeavyMart screens such User Content to the best of its ability, it shall not be responsible or liable for the User Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of such User Content on this website. In addition, such User Content do not reflect the views or opinions of HeavyMart, its staff, agents or affiliates. User Content reflect the view and opinion of the person or company who posts such information.
- HeavyMart reserves the right to monitor all User Content and to edit or remove any or all of which it considers in its absolute discretion to be invalid, inappropriate, offensive, in breach of these Terms and Conditions, or for any reason at all or for no reason.
- You warrant and represent that:
- You are entitled to post the User Content on our website and have all necessary consent and/or licenses to do so;
- The User Content do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The User Content do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- You hereby grant to HeavyMart a non-exclusive royalty-free license to use, reproduce, edit any of your User Content in any and all forms, formats or media.
- For avoidance of doubt, all ads on the marketplace are understood to be “invitations to treat”, i.e. the listings shown are invitations for the prospect to make an offer, not an offer by the equipment seller.
Marketplace Eligibility; Listing of Products.
To participate in the Marketplace, you must create an account and provide all information requested by HeavyMart to approve your participation in the Marketplace. HeavyMart may approve or reject your participation in the Marketplace in its discretion. Without limiting the foregoing, in order to list a product through the Marketplace, you must:
(a) submit your product in accordance with HeavyMart’s Marketplace listing process;
(b) comply at all times with the Listing Requirements and ensure that each product on the Marketplace complies with those Listing Requirements; and
(c) promptly update your listing if there are any changes, e.g. to mark your item as Sold if it is no longer available to reduce unwanted messages.
- Photographs: You must submit photographs that clearly shows the item and its condition.
- One item per listing: You must not combine multiple items of different make, model, price, and condition in a single listing. You may post a single listing for a product with multiple quantities, provided they are of the same make, model, price, and in an almost similar condition.
- Selling prices: You must specify a valid selling price. A valid selling price at which a willing buyer and a willing unrelated seller would freely agree to transact must be specified. It cannot be zero, empty, or a price that is not realistic or transactable.
- Physical location: The item must be physically located in one of the 55 countries in the Asia-Pacific region.
We shall have no responsibility or liability for any content appearing on this website. You agree to indemnify and defend us against all claims arising out of or based upon your usage of this website.
Unless otherwise stated, HeavyMart and/or its licensors own the intellectual property rights for all material on www.heavymart.com. All intellectual property rights are reserved. You may view and/or print pages from https://www.heavymart.com for your own personal and commercial use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://www.heavymart.com
- Sell, rent or sub-license material from http://www.heavymart.com
- Reproduce, duplicate or copy material from http://www.heavymart.com
Redistribute content from HeavyMart (unless content is specifically made for redistribution).
Reservation of Rights
We reserve the right to amend these terms and conditions aat any time. All other rights are hereby expressly reserved.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
This Agreement shall be governed and construed in accordance with the laws of Singapore.